(55 ILCS 5/Art. 1 heading) ARTICLE 1.
GENERAL PROVISIONS
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(55 ILCS 5/Div. 1-1 heading) Division 1-1.
Short Title, Boundaries, Jurisdiction
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(55 ILCS 5/1-1001) (from Ch. 34, par. 1-1001)
Sec. 1-1001. Short title. This Act shall be known and may
be cited as the Counties Code.
(Source: P.A. 97-1154, eff. 1-25-13.)
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(55 ILCS 5/1-1002) (from Ch. 34, par. 1-1002)
Sec. 1-1002.
Boundaries.
The boundaries of the several counties of
this State shall remain as now established until the same be changed
according to law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-1003) (from Ch. 34, par. 1-1003)
Sec. 1-1003.
Jurisdiction over rivers.
Each county
bounded by either the Mississippi, Ohio or Wabash
river, shall have jurisdiction over such river to the extent it is so
bounded, which jurisdiction may be exercised concurrently with the
contiguous states bounded by such river.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-1004) (from Ch. 34, par. 1-1004)
Sec. 1-1004.
Jurisdiction over Lake Michigan.
Each of the counties bordering on Lake Michigan shall have
jurisdiction over said lake eastwardly, to the east line of the State.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-2 heading) Division 1-2.
Alteration of County Lines
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(55 ILCS 5/1-2001) (from Ch. 34, par. 1-2001)
Sec. 1-2001.
Petition for transfer of territory.
When a majority
of the legal voters, residing upon any territory, not less than half of one
congressional township, shall petition the county board of their own
county, and also of the county to which they desire such territory to be
transferred, for leave to have such territory transferred to such county,
it shall be the duty of the several county boards so petitioned to certify
the proposition to the proper election officials, who shall submit the
question at a referendum in their respective counties in accordance with
the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2002) (from Ch. 34, par. 1-2002)
Sec. 1-2002.
Notice of election.
In addition to the requirements of
the general election law, notices of such election shall contain a
description of the territory proposed to be transferred, and the names of
the counties from and to which such transfer is intended to be made.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2003) (from Ch. 34, par. 1-2003)
Sec. 1-2003.
Form of ballots; effect of vote.
The ballots used in the
said elections may be in the following form, to wit: "For transferring
territory," and "Against transferring territory." If a majority of the
voters voting upon said question in the county from which said territory is
proposed to be taken, and a majority of the voters of the county to which
the same is proposed to be transferred, shall be "For transferring
territory," then the said territory shall be transferred to and become a
part of the county to which it is proposed to transfer the same, on and
after the first day of March succeeding such elections, and shall be
subject to all the laws, rules and regulations thereof: Provided, That all
assessments and collection of taxes, and judicial or other official
proceedings commenced prior to said first day of March, shall be continued,
prosecuted and completed, in the same manner as if no such transfer had
been made: And, provided, further, That all township or precinct officers
within said transferred territory shall continue to hold their respective
offices within the county to which they may be transferred, until their
respective terms of office expire.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2004) (from Ch. 34, par. 1-2004)
Sec. 1-2004.
Restriction.
No county shall be reduced, under the
provisions of this Division, to less contents than 400 square miles; nor
shall any county line be made to pass within less than ten miles of the
county seat of the county from which territory is so transferred.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2005) (from Ch. 34, par. 1-2005)
Sec. 1-2005.
Adjustment of debts.
No territory
transferred under the provisions of this Division shall be released from
the payment of its proportion of the debts of the county from
which such territory is transferred; and such proportionate indebtedness
from such transferred territory shall be collected by the county to which
such territory is transferred, at an equal or greater rate than is levied
and collected in the county from which such territory was transferred -- such
rate to be ascertained by the certificate of the county clerk of said last
named county, and when so collected, to be paid over to the county entitled
thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2006) (from Ch. 34, par. 1-2006)
Sec. 1-2006.
Territory released.
When the county to which such
territory is transferred shall also be indebted, the county board of such
county shall release such transferred territory from the payment of such
indebtedness to an amount equal to that which said territory is required to
pay to the county from which it was transferred.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-2007) (from Ch. 34, par. 1-2007)
Sec. 1-2007.
When elections at discretion of county board.
When
a majority of the legal voters of any territory, less
than half of one congressional township, shall petition the county
boards as provided in Section 1-2001, the said
county boards may, in their discretion, order referenda to be held as
herein provided; and in any case where referenda have been held under this
Division, and the result has been adverse to the petitioners,
it shall be in the discretion of the said boards to order another
referendum, on a petition to transfer the same territory, within three
years from the time of holding such former referendum.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-3 heading) Division 1-3.
New Counties
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(55 ILCS 5/1-3001) (from Ch. 34, par. 1-3001)
Sec. 1-3001.
Petition to form new county.
Whenever it is desired to form a new county out of one or more
of the then existing counties, and a petition praying for the erection of
such new county, stating and describing the territory proposed to be taken
for such new county, together with the name of such proposed new county,
signed by a majority of the legal voters residing in the territory to be
stricken from such county or counties, shall be presented to the county
board of each county to be affected by such division, and it appearing that
such new county can be constitutionally formed, it shall be the duty of
such county board or county boards to make an order providing for the
submission of the question of the erection of such new county to a vote of
the people of the counties to be affected. The County Board or boards
shall certify the question to the proper election officials, who shall
submit the question to the voters at a general election, in
accordance with the general election law. The form of the proposition
shall be as follows: "For new county," and "Against new county."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3002) (from Ch. 34, par. 1-3002)
Sec. 1-3002.
Election; effect.
If it shall appear that a majority of
all the votes cast at such election, in each of the counties interested, is
in favor of the erection of such new county, the county clerk of each of
said counties shall certify the same to the Secretary of State, stating in
such certificate the name, territorial contents and boundaries of such new
county; whereupon the Secretary of State shall notify the Governor of the
result of such election, whose duty it shall be to order an election of
county officers for such new county in accordance with the general election
law for the election of county officers. At such election the qualified
voters of said new county shall elect all county officers for said county,
except as hereinafter excepted, who shall be commissioned and qualified in
the same manner as such officers are in other counties in this State, and
who shall continue in office until the next regular election for such
officers, and until their successors are elected and qualified, and who
shall have all the jurisdiction and perform all the duties which are or may
be conferred upon such officers in other counties of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3003) (from Ch. 34, par. 1-3003)
Sec. 1-3003.
Township or precinct officers; continuance in office.
All the township or precinct officers, who were previously elected
and qualified in the county or counties from which such new county has been
formed, whose term of office shall not have expired at the time of said
election, and whose residence shall be embraced within the limits of said
new county, shall continue in office until their terms of office shall
expire, and until their successors shall be elected and qualified.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3004) (from Ch. 34, par. 1-3004)
Sec. 1-3004.
Canvass and return of votes.
The votes for the county
officers of said new county shall be canvassed, and returns made, by the
county clerk or county clerks of the county or counties from which such new
county was formed, as provided by the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3005) (from Ch. 34, par. 1-3005)
Sec. 1-3005.
County deemed organized.
The oath of office may be
administered to the several county officers of such new county by any
person authorized by law to administer oaths; and as soon as such county
officers are duly qualified, the county shall be regarded as legally
organized, and for judicial purposes shall be deemed and taken as belonging
to the circuit in which such new county, or the greater part thereof, is
embraced, and the circuit court shall be held at such place in the new
county as the county board thereof shall designate, until the county seat
thereof shall be permanently located.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3006) (from Ch. 34, par. 1-3006)
Sec. 1-3006.
Transfer of suits and judgments.
The courts of
any county or counties from which such new county is erected may, by proper
order, transfer any suit or other legal proceeding affecting real estate in
such new county, to the proper court of such new county, or may transfer
any suit and all papers and records pertaining thereto to such new county,
when all the parties thereto are residents of such new county; but all
judgments and other liens in the county or counties from which such new
county was erected, shall have the same effect as if no new county had
been erected.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3007) (from Ch. 34, par. 1-3007)
Sec. 1-3007.
Adjustment of property and debts.
All the property, both
real and personal, and all debts, liabilities and choses in action of every
kind, belonging to the county or counties from which such new county was
formed, shall be divided by the several county boards of the counties
interested, between the county or counties from which such new county is
formed and the new county, in proportion to the assessed value of property
for the last preceding year which has been taken from such original county
or counties and carried to such new county; and if such boards cannot agree
upon such division, they may refer the matter of difference to arbitrators,
or the rights to such property may be settled by a civil action filed by
either party for that purpose. In case the property cannot be divided or
removed, the county receiving the same shall pay to the other a
proportionate value for the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3008) (from Ch. 34, par. 1-3008)
Sec. 1-3008.
Appointment of commissioner to copy records.
The
presiding officer of the county board of such new county, with
the advice and consent of that county board, shall, at any session of said
board, by an order to be entered of record, appoint some competent person a
commissioner, for the purpose hereinafter expressed, who shall take an oath
of office before some person authorized by law to administer oaths. Said
board shall, at the same time, provide a sufficient number of blank books,
and deliver them to said commissioner, who shall receipt for the same to
the county clerk of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3009) (from Ch. 34, par. 1-3009)
Sec. 1-3009.
Transcription of records.
As soon as said books shall be
delivered to said commissioner, he shall record in each a copy of the order
of his appointment and of his oath of office, and shall thereupon proceed
to transcribe, into such books, from the records of the county or several
counties from which the new county is formed, all such deeds, mortgages and
title papers of every description, with the certificate of acknowledgment
thereto, and the date of the filing of the same for record, of lands lying
in said new county which previously were recorded in the counties from
which such new county was formed; and there shall be allowed said
commissioner such sum as his services aforesaid are reasonably worth, to be
paid out of the county treasury of the said new county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3010) (from Ch. 34, par. 1-3010)
Sec. 1-3010.
Index of records; evidence.
The commissioner shall note,
at the end of each paper he shall transcribe, the book and page from which
the same was transcribed, and shall make a correct double index of the
records; and on the completion of his duties, the commissioner shall return
the books to the recorder of the new county, with his certificate attached
thereto, showing that he has complied with the law; whereupon they shall be
taken and considered, to all intents and purposes, as books of records of
deeds, mortgages and title papers for the new county. And copies of
the record, certified by the officer having the custody of the same, shall
be evidence in all courts and places, in the same manner that copies of
records are evidence in other cases, and with like effect.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-3011) (from Ch. 34, par. 1-3011)
Sec. 1-3011.
Fixing county seat.
For the purpose of fixing the
permanent location of the county seat of such new county, the voters of
said county shall, at said election for county officers, vote for some
place, to be designated upon their ballots, for a county seat; upon which
ballot shall be written or printed, or partly written and partly printed,
"For County Seat," after which words shall be written or printed the name
of the place intended for the county seat. The place receiving a majority
of all the legal votes cast upon the question shall be the county seat of
said county. But if no place shall receive a majority of all the votes cast
upon the question, then it shall be the duty of the county board of said
county to choose from the two places having the greatest number of legal
voters at the former election; and the place so chosen shall be the
permanent county seat of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-4 heading) Division 1-4.
Uniting Counties
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(55 ILCS 5/1-4001) (from Ch. 34, par. 1-4001)
Sec. 1-4001.
Petition to unite counties.
Whenever any number of legal
voters, not less than two hundred, one-half of such number being owners or
life tenants of real estate, residing in any county in this State, shall
petition the county board of their own county, for leave to have their own
county united and annexed to any adjoining county, and shall also petition
the county board of the adjoining county, to which they desire their county
to be united and annexed, for leave to have their own county united and
annexed to such adjoining county, it shall be the duty of the several
county boards so petitioned, to order that the propositions provided for in
this Division shall be submitted to the legal voters of their respective
counties. The several county boards shall certify the propositions to the
proper election officials who shall submit the question at a general
election in accordance with the general election law. In addition to the
requirements of the general election law, the notices of said election
shall include the name of each of the two counties, and shall state that
the proposition to be voted upon will be whether the county of (naming the
county whose legal voters have petitioned for union and annexation) shall
be united and annexed to the county of (naming the adjoining county to
which the legal voters have petitioned to be united and annexed): Provided,
that such proposition shall not be submitted or voted upon more often than
once in 5 years.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4002) (from Ch. 34, par. 1-4002)
Sec. 1-4002.
Designation of counties.
In this Division and all
proceedings thereunder, the county whose legal voters shall petition the
several county boards as aforesaid, shall be called the "petitioning
county," and the county to which said legal voters shall petition to be
united and annexed shall be called the "adjoining county."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4003) (from Ch. 34, par. 1-4003)
Sec. 1-4003.
Form of proposition.
The proposition shall be
substantially in the following form: For uniting and annexing
the county of (naming the petitioning county) to the county of (naming
the adjoining county). Against uniting and annexing the county of
(naming the petitioning county) to the county of (naming the adjoining
county).
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004)
Sec. 1-4004.
Effect of vote.
If a majority of the votes
polled in each of such counties at such election shall be in
favor of said proposition, all that territory included within
the established boundaries of the petitioning county, shall be
united and annexed to the adjoining county, and such petitioning
county, shall cease to have any separate existence as a county,
but shall be merged into and form an integral part of such
adjoining county, in fact and in name, at the time and in the
manner hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4005) (from Ch. 34, par. 1-4005)
Sec. 1-4005.
Proclamation by Governor.
Within ten days after such
election, the county clerk of each of such counties shall send a correct
and duly certified abstract of the votes polled at such election to the
Secretary of State; and if a majority of votes polled at such election in
each of said counties is found to be in favor of uniting and annexing the
petitioning county to the adjoining county, the Secretary of State shall
forthwith so notify the Governor of the state, and the Governor shall
thereupon, forthwith and without delay, issue his proclamation announcing
and declaring the result of such election; and on and after the date of
such proclamation the petitioning county shall cease to exist as a county,
and all that territory embraced in the limits of such petitioning county
shall be united and annexed to, and shall form an integral part of such
adjoining county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4006) (from Ch. 34, par. 1-4006)
Sec. 1-4006.
Officers to hold office until expiration of term.
All the county officers of the petitioning county shall continue
to hold their respective offices until their respective terms of office
shall expire, and shall perform the duties of their respective offices
arising in the territory which, before the Governor's proclamation
aforesaid, had constituted the petitioning county, and shall receive the
fees and compensation thereof, in the manner hereinafter provided. They
shall keep their offices at the county seat of the adjoining county, in the
court house of said county, in such rooms as may be selected by the county
board of the adjoining county; and within ten days after the date of the
proclamation as aforesaid, by the Governor, they shall remove all the files
and records, books, papers, and furniture of their respective offices to
the court house of the adjoining county, which shall thereafter be held and
taken to be the files, records, books, papers and furniture of the
adjoining county as it shall be constituted after the date of the
proclamation aforesaid.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4007) (from Ch. 34, par. 1-4007)
Sec. 1-4007.
Process.
All process of every kind against any
person or property within the territory, which had constituted the
petitioning county before the proclamation aforesaid, during the
continuance of the term of office of the clerk of the circuit court and the
county clerk of the petitioning county, and after the union and annexation
aforesaid, may be issued by the clerk of circuit court or the county clerk
of the petitioning county, and they shall respectively, collect and account
to the county board of the adjoining county for the proper fees for issuing
the same, but all such process shall be signed by the proper clerk and have
the proper seal of the proper court of the adjoining county attached. The
sheriff of the petitioning county may serve all such process, referred to
in this Section; and shall collect and account to the county board of the
adjoining county for the proper fees for serving the same. The county clerk
and the clerk of the circuit court of the petitioning county shall each
receive the same compensation he was receiving by law at the date of the
aforesaid proclamation, which compensation shall be paid by the county
board of the adjoining county out of taxes collected from property in the
territory that had constituted the petitioning county before the aforesaid
proclamation.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4008) (from Ch. 34, par. 1-4008)
Sec. 1-4008.
Sheriff of petitioning county.
The sheriff of the
petitioning county shall continue after the date of the Governor's
proclamation, to perform the duties of sheriff in the territory that had
constituted the petitioning county before the proclamation, until his or
her term of office shall expire, at which time he or she shall deliver to
the sheriff of the adjoining county, without demand therefor, all books,
papers, and furniture pertaining to or connected with his or her office,
and also all moneys and process held by him or her as sheriff, and all
property attached or levied on by him or her as sheriff. He or she shall
have a right to collect all taxes collectible by him or her during his or
her term of office from all property in the territory that had constituted the
petitioning county before the proclamation. He or she shall receive the
same compensation he or she would have received as sheriff and ex-officio
collector of the petitioning county, as if the same had not been united and
annexed to the adjoining county; but after the date of the
Governor's proclamation all his or her acts shall be performed in the
name of the sheriff of the adjoining county. After the date of the
Governor's proclamation, the sheriff of the petitioning county
shall become the deputy of the sheriff of the adjoining county, and the
sheriff of the petitioning county may perform all the duties of sheriff, to
be performed during his or her term of office in the territory that had
constituted the petitioning county before the proclamation
without control of the sheriff of the adjoining county, and shall be liable
upon his or her bond as sheriff, and upon his or her bond as collector,
for any breach of the conditions thereof, in the same manner and to the
same extent as if the petitioning county had continued to exist as a
county. The compensation payable to the sheriff of the petitioning county,
shall be paid by order of the county board of the adjoining county, out of
taxes upon property in the territory that has constituted the petitioning
county before the Governor's proclamation, and he or she shall account to
the county board of the adjoining county for all fees collected by him or
her: Provided, that the sheriff of the petitioning county shall forfeit all
right to any compensation, if he or she is not ready and willing to perform
the duties he or she may perform under this Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009)
Sec. 1-4009.
Coroner.
The coroner of the petitioning county
shall perform all the duties required of him by law within the territory
that had constituted the petitioning county before the proclamation
aforesaid, until his term of office shall expire, and shall receive the
compensation to which he may be entitled by law, and whatever fees or
compensation may be payable by law out of the county treasury, shall be
certified and paid by the county board of the adjoining county to such
coroner, out of taxes collected from property in the territory that had
constituted the petitioning county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4010) (from Ch. 34, par. 1-4010)
Sec. 1-4010.
County treasurer.
The county treasurer of the
petitioning county shall perform all the duties required of him by law, in
the territory that had constituted the petitioning county, during his term
of office. He shall assess the taxable property in the territory aforesaid,
and shall return his assessment books to the county clerk of the adjoining
county, and make all his reports to the county board of the adjoining
county; but he shall be liable upon his bond for any breach or breaches of
the conditions thereof, in the same manner and to the same extent as if the
petitioning county had not been united and annexed to the adjoining county.
The compensation to which he may be entitled by law, shall be paid by the
county board of the adjoining county out of taxes collected from property
in the territory that had constituted the petitioning county, before the
proclamation aforesaid. So much of this Section as refers to assessing by
the treasurer, shall only be applicable where the petitioning county was
not under township organization at the date of the election aforesaid.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4011) (from Ch. 34, par. 1-4011)
Sec. 1-4011.
State's attorney.
The State's Attorney for
the petitioning county shall, during his term of office,
receive the same compensation he was receiving at the date of
the proclamation of the Governor, as aforesaid. He shall
commence and prosecute all actions, suits, indictments and
informations of all kinds, arising in the territory which had
constituted the petitioning county before said proclamation,
in which the people of the State may be interested, and he
shall be assistant county attorney for the adjoining county
during his said term of office.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4012) (from Ch. 34, par. 1-4012)
Sec. 1-4012.
Superintendent of schools.
The
county superintendent of schools of the petitioning county
shall continue to act as such in the territory that constituted the
petitioning county before said proclamation, until his term of office shall
expire; at which time he shall deliver to the county superintendent of
schools of the adjoining county, without any demand therefor, all moneys,
books, papers and personal property, belonging to the office of the county
superintendent of the petitioning county, whenever the term of office of
the county superintendent of the petitioning county shall have expired, by
death, resignation, or lapse of time, all notes and mortgages, and other
contracts, payable to, or made in the name of the county superintendent of
the petitioning county may be collected, and in any manner enforced, by
suit, or otherwise, by and in the name of the county superintendent of the
adjoining county. The county superintendent of the petitioning county shall
be subject to the direction and control of the county board of the
adjoining county, in the same manner and to the same extent that he would
have been subject to the county board of the petitioning county, if the
same had continued to have a separate existence as a county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4013) (from Ch. 34, par. 1-4013)
Sec. 1-4013.
County board.
The members of the county board of the
petitioning county and the county board of the adjoining county, after the
date of the Governor's proclamation aforesaid, shall sit together at all
regular and called meetings, as the county board of the adjoining county as
it will be constituted after the proclamation aforesaid. Whenever the term
of office of any one of the members of the county board of the petitioning
county shall expire, by his death or resignation, or refusal to act, or by
lapse of time, the expiration of said term, and the manner thereof shall be
entered upon the records of the said county board of the adjoining county,
and no successor to him shall be elected, and whenever the term of office
of any member of the county board of the adjoining county, elected before
the date of the Governor's proclamation aforesaid, shall expire in any of
the modes hereinbefore mentioned after the date of said proclamation, a
successor to him shall be elected in the adjoining county at large, as it
shall be constituted after the date of the proclamation aforesaid,
including the territory that had constituted the petitioning county before
said proclamation.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4014) (from Ch. 34, par. 1-4014)
Sec. 1-4014.
Death of officer of petitioning county.
If any
county officer of the petitioning county shall die before his term of
office shall have expired, after the proclamation aforesaid, no successor
to him shall be elected to fill his unexpired term.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4015) (from Ch. 34, par. 1-4015)
Sec. 1-4015.
Town officers.
If both the petitioning and adjoining
counties are under township organization, the town officers shall not be in
any manner affected by the union and annexation aforesaid. If the
petitioning county is under township organization, and the adjoining county
is not under township organization, the town officers shall continue to act
as such until their respective terms of office shall expire; and the
members of the county board of the petitioning county shall all sit with,
and as a part of the county board of the adjoining county, as hereinbefore
provided; and after the term of office of said town officers and said
county board of the petitioning county shall expire the said township
organization shall cease to exist. If the adjoining county is under
township organization, and the petitioning county is not under township
organization, immediately after the proclamation of the Governor aforesaid,
the territory that had constituted the petitioning county shall be divided
into towns, in the manner provided in the Township Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/1-4016) (from Ch. 34, par. 1-4016)
Sec. 1-4016.
Legislative and judicial apportionment to remain.
The territory which constituted the petitioning county shall
continue and remain until the next apportionment of the state for
congressional, legislative or judicial purposes part of the same
congressional district, of the same senatorial district, of the same
judicial grand division, of the same judicial appellate district and of the
same judicial circuit that it constituted part of at the date of the
proclamation aforesaid; and at any election, where the territory that had
constituted the respective counties before said proclamation is in
different districts, the county clerk of the adjoining county shall keep
separate the votes polled in the territory constituting the respective
counties before said proclamation, until the next apportionment aforesaid,
and shall report and return the same separately to the Secretary of State.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4017) (from Ch. 34, par. 1-4017)
Sec. 1-4017.
Transfer of causes.
All cases of every kind that are on
the docket of the circuit court of the petitioning county at the date of
the Governor's proclamation aforesaid, shall be transferred by the clerk of
the circuit court of the adjoining county to the docket of the circuit
court of that county; and all criminal cases so transferred shall be tried
by a jury drawn in the manner provided by law from the qualified jurors
residing within the limits of the territory that had constituted the
petitioning county before the proclamation aforesaid, unless the defendant
in any such criminal case shall consent in open court to be tried by a jury
of the adjoining county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-4018) (from Ch. 34, par. 1-4018)
Sec. 1-4018.
Debts; taxes; issuing bonds.
The adjoining county shall
not become liable for the debts of the petitioning county. The county board
of the adjoining county shall have all the powers which the county board of
the petitioning county had at the date of the said proclamation of the
Governor, to levy taxes upon all the property in the territory which had
before the aforesaid proclamation constituted the petitioning county, to
pay the debts of the petitioning county. The county board of the adjoining
county shall have full power to compromise the debts of the petitioning
county; and shall have full power to issue bonds in settlement or
compromise of the debts of the petitioning county, which debts may be
funded by the adjoining county in bonds issued by that county, setting
forth upon their face that the principal and interest of said bonds shall
be paid from taxes levied upon the property within the territory which had
constituted the petitioning county. And the county board of the adjoining
county may submit to the legal voters of the adjoining county, as it will
be constituted after the said proclamation of the Governor, a proposition
to consolidate the debts of the petitioning and adjoining counties; and if
a majority of legal voters of said adjoining county, and a majority of the
legal voters residing in the territory that had constituted the petitioning
county, at any general election shall be in favor of the consolidation of
said debts, the same shall be consolidated, and bonds may be issued
therefor in the name of the adjoining county. All suits that might have
been brought against the petitioning county, may be brought after the
proclamation aforesaid against the adjoining county; and any judgment that
may be rendered in said suits may be paid by taxation upon the property in
the territory that had constituted the petitioning county. In any funding
of the consolidated debts of the said petitioning or adjoining county, the
bonds issued shall not bear a greater rate of interest than five per cent.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-5 heading) Division 1-5.
County Seats
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(55 ILCS 5/1-5001) (from Ch. 34, par. 1-5001)
Sec. 1-5001.
Boundaries.
In counties of 300,000 inhabitants or
over, where the county seat is entirely located within the corporate limits
of a city or village, the boundaries of such county seat shall be the same
as the boundaries of such city or village, as the same are now, or may
hereafter be, constituted.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5002) (from Ch. 34, par. 1-5002)
Sec. 1-5002.
Boundaries; Counties of 300,000 or less.
In counties of 300,000 inhabitants or less, where the county seat is
entirely located within the corporate limits of a city or village, the
boundaries of such county seat shall be the same as the boundaries of such
city or village, as the same are now or hereafter constituted. However, the
county board may by resolution adopted by a majority thereof extend the
boundaries of such county seat to add to the territorial area of such
county seat such unincorporated land in the county contiguous to the county
seat as the resolution may describe; but in no event may such extension
include any land situated more than one mile from the county seat as then
existing.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5003) (from Ch. 34, par. 1-5003)
Sec. 1-5003.
Time of holding elections.
All elections for the removal
of county seats shall be held at general elections in accordance with the
general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5004) (from Ch. 34, par. 1-5004)
Sec. 1-5004.
Notice of petition to move county seat.
Public
notice shall be given of the intention to circulate a
petition praying for an election for the removal of the county seat of any
county from its then present location to some other point within said
county, and in said petition designated, at least 10 days before the same
is circulated, by publication in some newspaper printed in said county, and
by posting 3 printed notices in 3 public places at the county seat, one of
which shall be placed on the door of the county seat building, and a like
number at the place to which the county seat is proposed to be removed, in
which notices the intent of such petition shall be set forth; and all
signers to such petition procured before such notice is given or procured,
6 months before the first day of September next following shall be void,
and stricken from such petition; and whenever such petition or petitions
addressed to the circuit court of such county, and stating the time when
such election shall be held, shall be signed by a number of legal voters of
said county, at general elections, who are not residents of the city or
township (if the county seat is not in a city) in which the county seat is
located, equal in number to two-fifths of all the votes cast in said county
at the last preceding presidential election therein, and shall be filed in
the office of the clerk of the circuit court of said county, not less than
40 nor more than 80 days before the first day of the next September such
petition shall be deemed a proposal to remove the county seat of such
county, and the point designated in said petition shall be deemed and taken
as fixed by said petition, in pursuance of law, whenever the court shall
order an election to such point as hereinafter provided, as the point to
which it is proposed to remove the county seat of such county. There shall
also be filed in the office of said clerk, with said petitions, an
affidavit of 3 legal voters of said county, stating whether or not the
point named in the said petition or petitions, to which it is proposed to
remove the county seat of such county, is nearer to or further from the
center of such county than the county seat; which affidavit may be
traversed by the affidavit of any other 3 legal voters of said county,
within 10 days from the filing thereof; and if so traversed the court
shall, at such time during the said month of September as such court shall
fix upon after hearing evidence in the case, decide whether or not the
point to which it is proposed to remove the county seat is nearer to or
further from the center of said county than the county seat.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5005) (from Ch. 34, par. 1-5005)
Sec. 1-5005.
Qualifications of petitioner.
Each petitioner signing
such petition shall write or cause to be written opposite to his name on
said petition, the name of the city and ward in which he then resides, if
he resides in a city, or if he does not reside in a city, then the name of
the precinct or township in which he resides at the time of signing such
petition; and no person shall sign such petition unless he shall be, at the
time, a legal voter in said county at general elections.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5006) (from Ch. 34, par. 1-5006)
Sec. 1-5006.
Petition open to inspection.
Said petition or petitions
shall, after the same are filed in the office of the clerk of the circuit
court, be open to the inspection of any and all citizens of the county, but
shall not be removed therefrom.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5007) (from Ch. 34, par. 1-5007)
Sec. 1-5007.
Contesting petition.
Any citizen and legal voter at
general elections in said county may contest the right of any person, whose
name is subscribed to said petition, to sign such petition under this
Division, and shall also have the right to
contest said petition as to any names subscribed thereto that he shall have
good reason to believe, and does believe, as fictitious, and no other:
Provided, he shall, 10 days before the first day of the said month of
September file in the office of the clerk of the court of such county a
list of the names of such persons whose right to sign such petition he is
desirous of contesting, together with his affidavit, indorsed thereon, that
he has good reason to believe, and does verily believe, that such persons
named in said list are not legal voters of such county, and had no right in
law to sign said petition; and shall also file in the office of said clerk,
10 days before said first day of September a list of such names as he has
reason to believe are fictitious, together with his affidavit, indorsed
thereon, that he has good reason to believe, and does verily believe, that
such names are fictitious; and such persons shall have the right to contest
such petitions only as to the names included in said lists.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5008) (from Ch. 34, par. 1-5008)
Sec. 1-5008.
Notice of filing petition; hearing.
Whenever such
petition or petitions and affidavit named in Section 1-5004 shall be filed
in the office of the clerk of the circuit court of such county, it shall be
the duty of the clerk, within 10 days from the date of the filing of said
petition or petitions and affidavit in his office, to cause to be published
in one or more newspapers published in such county, and if no newspaper
shall be published in said county, then in the newspaper published nearest
to the county seat of said county, a notice that such petition or petitions
and affidavit have been filed in his said office, stating the time when
they were so filed, and setting forth therein the substance of such
petition or petitions and affidavit, and giving notice that on the first
day of September following said court will hear testimony for and against
said petitions, as to the list or lists of names on such petition, as may
be filed in his office under and in compliance with Section 1-5007, and for
or against such affidavit if the same has been traversed as provided in
Section 1-5004. It shall be the duty of said court, on the first day of
September and at such times in said month as it may direct to hear all
evidence for and against said petition or petitions, as to the list or
lists of names, filed in said court under Section 1-5007, and to strike
from such petition or petitions all such names proven by competent evidence
to be fictitious, or the names of persons having no legal right to sign the
same under this Division; and in case there shall be but one petition and
no contest as to the same, or if there shall be a contest as to the same,
and said petition shall after striking therefrom all fictitious and illegal
names, still contain the number of names of legal voters required by
Section 1-5004, the court shall order said election, according to the
prayer of said petition. But in case there shall be two petitions filed in
said court, praying for a vote to remove the county seat of such county to
different points in said county, each, after striking therefrom all illegal
and fictitious names, still being signed by two-fifths of the legal voters
of the county, as required by Section 1-5004, then if a petition praying
for a vote to remove the county seat nearer to the geographical center of
the county than the point named in the other petition shall be signed by a
number of names equal to or greater than one-half of the sum of the names
signed to the two petitions, the said court shall order the election for
the removal of the county seat to that point nearest to the geographical
center of the county, according to the prayer of said petition; but if the
other of said two petitions shall be signed by a number of legal voters of
said county equal to three-fifths of the sum of the names signed to the two
petitions, then the court shall order the election for the removal of the
county seat of such county to said last mentioned point, and not otherwise.
In case of a contest as to said petition or petitions, as provided for in
this Division it shall be the duty of the clerk of said court, on the
request of the person contesting any petition under the provisions of this
Division, to issue subpoenas for such witnesses as said person shall name;
and it shall be the duty of said clerk, on request of any legal voter of
the county, for the purpose of sustaining any petition, in like manner to
issue subpoenas for such witnesses as he shall name -- said subpoenas to be
made returnable on the date upon which such contest will be made.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5009) (from Ch. 34, par. 1-5009)
Sec. 1-5009.
Precedence of cases of contest.
All cases of contest
arising upon said petitions or affidavit shall have precedence over all
other cases during September in such court, and shall be heard and
determined before the expiration of said month if possible.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5010) (from Ch. 34, par. 1-5010)
Sec. 1-5010.
Challengers.
Whenever the court shall order any county
seat election under the provisions of this Division, the court shall
appoint three resident legal voters of the point to which it is proposed to
remove the county seat, for each and every voting place in the city,
precinct or township in which the county seat is situated, also to appoint
three resident legal voters of the county seat for each and every voting
place in the city, precinct or township to which it is proposed to remove
the county seat, to sit with the regular judges to act as challengers of
election at the voting places to which they are respectively assigned, and
it shall be their duty to act as such challengers and to challenge any and
all persons whom they have good reason to believe are not legal voters at
such county seat election, and they shall sit with such judges of election
until the close of said election, and during the canvass of the votes at
said election. The said challengers, who are thus appointed to act with the
regular judges of election, may, if they desire so to do, make an affidavit
before any person authorized to administer oaths, setting forth in such
affidavit that they have been appointed, as above provided, out of the
city, precinct, township or ward where they would otherwise be voters, and
that they desire to vote at such county seat election; which affidavit,
together with the ballot, shall be sealed up in an envelope and left with
one of the judges of election for the precinct, and on the day of election
shall be by him presented to the board of election and opened in their
presence. The affidavit shall be filed, kept and returned with the ballots
for that precinct as other affidavits are, and the ballot shall be numbered
and deposited in the ballot box, and the name entered on the poll books the
same as other votes are.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5011) (from Ch. 34, par. 1-5011)
Sec. 1-5011.
Form of proposition.
The proposition at any county seat
referendum shall be in substantially the following form: "For removal," or
"Against removal."
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5012) (from Ch. 34, par. 1-5012)
Sec. 1-5012.
No registration required.
No registration of voters
shall be made or required for holding any county seat election under this
Division. The board of election shall, in each township, precinct or ward,
keep two lists or poll books of the names of the persons whose votes are
received; each name shall be numbered, and a corresponding number marked on
each ballot before it is placed in the ballot box, which said poll books
shall each be certified as correct by the judges of election. At the close
of the polls in each precinct, township or ward, the board of election
shall canvass the votes cast at such poll or voting district, and shall
make two tally lists, one of which, together with one of the aforesaid poll
books, and the ballots cast in such precinct, township or ward, properly
strung, and the affidavits made at such election, and certificate of the
result of the election made and certified by such board, shall be sealed up
together and delivered by one of the board of election, to be selected by
the board at that time, to the county clerk, within four days thereafter.
The other poll book and tally list shall be retained by one of the judges
of election for that township, precinct or ward.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5013) (from Ch. 34, par. 1-5013)
Sec. 1-5013.
Qualifications of voters; oaths.
No person shall
vote at the election who does not possess the qualifications mentioned in
the affidavit in this Section. Any person offering to vote at any county
seat election, whose right to vote shall be challenged by any challenger,
member of the board of election, or by any voter of the county, shall
answer under oath such questions as may be propounded to him touching his
qualifications as a voter, and shall take and subscribe the following oath:
State of Illinois, .... County.
I do solemnly swear that I am a citizen of the United States, and of
this State; that I am of the age of 18 years or over; that I have resided in
this State for 30 days immediately preceding this election; that I am a
bona fide resident of this county, and have permanently resided herein for
the last 30 days immediately preceding this election; that I am a legal
voter of (here insert the name of the election precinct), and have
permanently resided therein for the last 30 days immediately preceding this
election, and that I have not voted at this election.
(Signed)
A .... B ....
He shall also procure two witnesses, who are at that time legal voters
of the township or precinct, who shall take and subscribe the following
oath, namely: State of Illinois, .... County.
We the undersigned do solemnly swear that we are voters, and legally
entitled to vote at this election; that we have known A .... B .... the
person now offering to vote at this election, for 30 days; that he has
been a permanent resident of this county for 30 days last past, and for
the 30 days immediately preceding this election has permanently resided in
(township or precinct.)
C .... D ....
E .... F ....
Which oaths shall be subscribed and sworn before any officer authorized
to administer oaths. The board of election shall receive and count the vote
of any challenged person who shall present to them, with his vote, the
oaths aforesaid. The oaths shall all be carefully preserved by the board of
election, and returned and kept with the poll book, tally list and ballots,
as provided by this Division. Any person swearing falsely concerning his right
to vote, or concerning the right of another to vote at any such election,
or any person who shall cast a fraudulent vote at any such election or who
shall vote at such election, not having a right to vote at such election,
or who shall cast a vote at such election in any other name than his own,
or who shall vote more than once at such election, shall be guilty of a
Class 4 felony.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/1-5014) (from Ch. 34, par. 1-5014)
Sec. 1-5014.
Evidence of number of voters; contesting election.
The
number of legal votes cast at any county seat election held under this
Division shall be deemed and taken for the purpose of such an election as
prima facie evidence of the number of legal voters of that county at that
time entitled to vote on the question; but in case it becomes necessary, in
consequence of a contest of an election held under this Division, to
ascertain the number of voters of the county entitled to vote upon the
question, the court in which the contest is pending may ascertain the
number of such voters by taking, or causing to be taken, legal evidence,
tending to show the actual number of the legal voters of the county
entitled to vote upon such question at the time of such election. Circuit
courts shall have jurisdiction of all cases of contested election arising
under this Division, and may investigate and determine all questions of
fraud and fraudulent voting connected therewith, and purge the poll books
and returns of all illegal or fraudulent votes; and may investigate and
ascertain the total number of legal voters of the county at the time of
such election entitled to vote on the question, whether they voted or not,
and ascertain and determine whether such election was fairly carried by 3/5
or a majority of all the legal voters of the county, as required by the
Constitution, and enter such judgment as the circumstances of the case may
require. Any of the legal voters and taxpayers of the county who may desire
to do so, as well as the town, city or village to or from which it is
proposed to remove such county seat, may be made, or on their petition may
become parties to such actions, either as plaintiff or defendant.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5015) (from Ch. 34, par. 1-5015)
Sec. 1-5015.
Canvass of votes.
On or before the first Tuesday after
said election the county canvassing board shall open and canvass the votes
and returns of the election, in the manner provided by the general election
law; the result of which canvass shall be entered of record in the circuit
court in counties not under township organization, and in the records of
the county board in counties under township organization and a copy thereof
also shall be duly certified and delivered to the Secretary of State. If a
3/5 majority of the votes cast on the question are in favor of removal, the
county seat shall be removed to the point named.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5016) (from Ch. 34, par. 1-5016)
Sec. 1-5016.
Effect of majority and three-fifths vote.
When
the attempt is made by such an election to remove a county
seat to a point nearer to the center of such county than the county seat
then is, and a majority of the legal voters of said county entitled to vote
on the question of removal shall be "for removal," the county seat is
thereby removed to the point named in the petition. When the attempt is
made by such an election to remove a county seat to a point not nearer to
the center than the county seat then is, and three-fifths of the legal
voters of said county entitled to vote on the question shall be "for
removal," then said county seat of said county is thereby removed to the
point named in the petition.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-5017) (from Ch. 34, par. 1-5017)
Sec. 1-5017.
Neglect of duty.
Any member of the board of election,
judge, clerk, sheriff, or any other officers or persons who may be charged
with the performance of any duty under this Division, and who shall
wilfully fail therein, or shall perform such duty otherwise than is in this
Division prescribed, shall be guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 1-6 heading) Division 1-6.
Actions
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(55 ILCS 5/1-6001) (from Ch. 34, par. 1-6001)
Sec. 1-6001.
Venue of suits by or against county.
All actions, local or transitory, against any county, may be
commenced and prosecuted to final judgment in the circuit court in the
county against which the action is brought. Any action, local or
transitory, in which any county shall be plaintiff, may be commenced and
prosecuted to final judgment in the county in which the defendant in such
action resides.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6002) (from Ch. 34, par. 1-6002)
Sec. 1-6002.
Jurors and witnesses.
In all actions
brought by or against any county, the inhabitants
of the county so suing or being sued may be jurors or witnesses, if
otherwise competent or qualified according to law.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6003) (from Ch. 34, par. 1-6003)
Sec. 1-6003.
Duty of county board to prosecute and defend
suit. It shall be the duty of the county boards of each of the counties
of this State to take and order suitable and proper measures for the
prosecuting and defending of all suits to be brought by or against their
respective counties, and all suits which it may become necessary to
prosecute or defend to enforce the collection of all taxes charged on the
state assessment.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6004) (from Ch. 34, par. 1-6004)
Sec. 1-6004.
Payment of judgment against county.
A
judgment against a county shall not, in any case, be enforced
against the lands or other property of a county; but when judgment is
entered against a county, the county board shall direct an order to be
drawn on the county treasurer for the amount of the judgment and costs,
which orders shall be paid as other county debts.
A. Whenever the county board in any county shall in any year determine
the amount of all taxes to be raised for county purposes, such board shall
include among the purposes for which such taxes are to be raised the
payment of any outstanding judgment or judgments against such county for
the payment of which no other provisions have been made.
B. The county board may provide for the payment of any such judgment or
judgments and the interest thereon in equal annual installments, not
exceeding however 10 in number, and may include one of such
installments in the amount of taxes to be raised for county purposes in
each year, but the aggregate amount of all taxes to be raised for county
purposes shall not in any year exceed the rate of 75 cents on the $100
valuation of property unless authorized by a vote of the people of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6005) (from Ch. 34, par. 1-6005)
Sec. 1-6005.
Allowance or disallowance of claims; appeal.
The
county board shall determine whether any claim against
the county should be allowed, disallowed or in the alternative the board
may by resolution require the submission of a verified affidavit by the
claimant stating that the several items therein mentioned are just and
true, and the services charged therein, or articles furnished, as the
case may be, were rendered or furnished as therein charged, and that the
amount claimed is due and unpaid after allowing all just credits.
The county board may make cash advances to all county officials and
employees for travel and related expenses if sufficient funds have been
budgeted and are available in the appropriate county fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6006) (from Ch. 34, par. 1-6006)
Sec. 1-6006.
Delegation of authority to determine claims.
Under
the provisions of this Section, the county board may by
resolution delegate its authority to allow or disallow claims made against
the county to the individuals herein named.
For the purposes of this Section, the term "county officials" is defined
as members of the county board, designated elected county officers, and
county officers charged with fiscal management of the county who have been
duly appointed by county board resolution.
The county board may by resolution designate members of a committee of the
county board, or the County Treasurer and the County Clerk, or if there
is a County Auditor or duly appointed county officer responsible for the
fiscal management of the county, then the County Treasurer and the County
Auditor or duly appointed county officer responsible for the fiscal management
of the county, to determine whether some or all claims against the county
should be allowed or disallowed, if sufficient funds have been budgeted and
are available in the appropriate county fund. Or in the alternative, the
designated county officials shall request the county board by resolution
to require the submission of a verified affidavit by claimant stating that
the several items therein mentioned are just and true, and the
services charged therein, or articles furnished, as the case may be, were
rendered or furnished as therein charged, and that the amount claimed is
due and unpaid after allowing all just credits. When the claim is disallowed,
in whole or part, by the designated officials, and the nature of the claim
is not such that the allowance is discretionary, such person may appeal
from the decision of the authorized county officials to the circuit court
of the same county, upon filing bond with the clerk of such court within
20 days after the rendition of the decision, with such security as shall
be approved by such clerk in the penal sum of $250, payable to the People
of the State of Illinois, for the use of such county, conditioned that he
will prosecute the appeal with effect, and pay all costs that may be assessed.
The county board may authorize the designated county officials to make
cash advances to all county officials and county employees
for travel and related expenses if sufficient funds have been budgeted and
are available in the appropriate county fund.
If the authority to pay claims submitted against the county is delegated
as provided in this Section, the County Clerk, or if there is a County Auditor
or duly appointed county officer responsible for fiscal management of the
county, then the County Auditor or duly appointed county officer responsible
for the management
of the county, shall file a monthly report of all claims paid in the prior
month to the chairman and all other members of the county board. For each
claim paid, the monthly report shall identify the creditor, the department
or county official which purchased the product or service, the fund from
which the payment was made, the amount of the payment and the date the check was issued.
In addition to any other remedies provided by law, the County Board may
recover any unauthorized payment from the person receiving it and may seek
the assistance of the State's Attorney in that regard.
(Source: P.A. 86-962.)
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(55 ILCS 5/1-6007) (from Ch. 34, par. 1-6007)
Sec. 1-6007.
Review under Administrative Review Law.
The decisions of
the county board are subject to judicial review under the Administrative
Review Law, as now or hereafter amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/Art. 2 heading) ARTICLE 2.
GOVERNING BODIES
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(55 ILCS 5/Div. 2-1 heading) Division 2-1.
Counties under Township Organization
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(55 ILCS 5/2-1001) (from Ch. 34, par. 2-1001)
Sec. 2-1001.
Regular meetings.
Regular and special meetings
of the county board may be held in any public
building located within the county that such county board is elected to
serve. Prior notice of the building selected for the meeting shall be
provided by the board chairman to each member of the county board in the
manner provided pursuant to the rules of the county board. Regular
meetings of the board shall be held in June and September, and at such
other times as may be determined by the board.
At each regular and special meeting which is open to the public, members
of the public and employees of the county shall be afforded time, subject
to reasonable constraints, to comment to or ask questions of the board.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/2-1002) (from Ch. 34, par. 2-1002)
Sec. 2-1002. Special meetings. Special meetings
of the board shall be held only when requested by at least one-third of the
members of the board, or when requested by the chairman of the board, which
request shall be in writing, addressed to the clerk of the board, and
specifying the time and place of such meeting, upon reception of which
the clerk shall immediately transmit notice, in writing, of such
meeting, to each of the members of the board. The clerk shall also
cause notice of such meeting to be published in some newspaper printed
in the county, if any there be. In case a vacancy arises in the office
of clerk, because of death or other reason, then the request shall be
addressed to the circuit clerk who shall perform the duties of the clerk
pursuant to this Section.
(Source: P.A. 102-434, eff. 8-20-21.)
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(55 ILCS 5/2-1003) (from Ch. 34, par. 2-1003)
Sec. 2-1003. Chairman and vice-chairman of county board. The county board shall, unless the chairman is elected by the voters of
the county, at its first meeting in the month following the month in which
county board members are elected, choose one of its members as chairman for
a term of 2 years and at the same meeting, choose one of its members as
vice-chairman for a term of 2 years. The vice-chairman shall serve in the
place of the chairman at any meeting of the county board in which
the chairman is not present. In case of the absence of the chairman and
the vice-chairman at any meeting, the members present shall choose one of
their number as temporary chairman. A chairman who is chosen by the county board may be removed, with or without cause, upon a motion adopted by an affirmative vote of four-fifths of the county board. Upon adoption of a motion to remove the chairman: (i) the chairman position becomes vacant and the former chairman's compensation shall be prorated to the date the motion was approved; (ii) the vice-chairman immediately assumes the duties of chairman without chairman compensation; and (iii) a new chairman shall be elected at the next regularly scheduled county board meeting. A chairman removed under this Section maintains his or her status as a member of the county board.
(Source: P.A. 101-544, eff. 8-23-19.)
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(55 ILCS 5/2-1004) (from Ch. 34, par. 2-1004)
Sec. 2-1004.
Certificate of election.
The supervisors shall severally
lay before the board, at the first meeting after the election, their
several certificates of election, which shall be examined by the board, and
if found regular, shall be filed in the office of the county clerk.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-1005) (from Ch. 34, par. 2-1005)
Sec. 2-1005. Quorum; approval of ordinances. A majority of the
members of any county board shall constitute a quorum for the transaction
of business; and all questions, ordinances, resolutions, or motions which shall arise at meetings shall be
determined by the votes of the majority of the members present, except in
such cases as is otherwise provided.
A county board in a county where the chairman is elected at large may
upon passage, adoption or enactment of a specific ordinance, resolution, or motion apply the
following provisions: Any ordinance, resolution, or motion passed, adopted or otherwise enacted by
the board in a county where the chairman is elected at large shall be
presented to the chairman before it becomes effective. If the chairman
approves such ordinance, resolution or motion, he shall sign it and it shall
become law on the date prescribed; if not, he shall return it to the board
within 10 business days with his objections and the board shall proceed
to reconsider the matter at its next meeting, to be held within 30 business
days of the board's receipt of the chairman's objections. If after such
reconsideration a majority of the members of the board pass such ordinance, resolution, or motion,
it shall become effective on the date prescribed but not earlier than the
date of passage following reconsideration. If any ordinance, resolution, or motion is not returned
by the chairman to the board within 10 business days after it has been
presented to him, it shall become effective at the end of the 10th day. The county board at any properly noticed public meeting may by unanimous consent take a single vote by yeas and nays on the several questions of the passage of any 2 or more of the designated
ordinances, orders, resolutions, or motions placed together for voting purposes in a single group. The single vote shall be entered
separately in the minutes under the designation "omnibus vote", and in that event the clerk may enter the words "omnibus vote" or "consent agenda" in the minutes in each case instead of entering the names of the members of the county board voting "yea" and those voting "nay" on the passage of each of the designated ordinances, orders, resolutions, and motions included in the omnibus group or consent agenda. The taking of a single or omnibus vote and the entries of the words "omnibus vote"
or "consent agenda" in the minutes shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been taken separately by yeas and nays on the question of the passage of each ordinance, order, resolution, and motion included in the omnibus group and separately recorded in the minutes. Likewise, the yeas and nays shall
be taken upon the question of the passage of any other ordinance, resolution, or motion at the request of any county board member and shall be recorded in the minutes. The changes to this Section made by this amendatory Act of the 99th General Assembly are declarative of existing law and do not change the substantive operation of this Section.
(Source: P.A. 99-774, eff. 8-12-16.)
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(55 ILCS 5/2-1006) (from Ch. 34, par. 2-1006)
Sec. 2-1006.
Open meetings.
The county board shall sit with
open doors, and all persons may attend their meetings. The vote on all
propositions to appropriate money from the county treasury shall be taken
by "ayes" and "nays" and entered on the record of the meeting.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-1007) (from Ch. 34, par. 2-1007)
Sec. 2-1007.
Administering oaths.
The chairman of the board may
administer an oath to any person concerning any matters submitted to the
board, or connected with its powers and duties, and any member of the board
may administer the oath required by law to any claimant presenting a claim
against the county to be passed by the board. A member so administering an
oath to a claimant may not charge a fee therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 2-2 heading) Division 2-2.
New Towns - Names
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(55 ILCS 5/2-2001) (from Ch. 34, par. 2-2001)
Sec. 2-2001.
Boundaries of towns.
The county board shall also have
power to change the boundaries of towns, and to create new towns in their
respective counties, in manner provided by law; to designate and give names
thereto, and to fix the place of holding the first town meeting therein.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-2002) (from Ch. 34, par. 2-2002)
Sec. 2-2002.
Naming of towns.
Whenever the county board shall create
a new town, or change the name of an existing town, the proceedings in
giving a name to such town, or changing the name of an existing town, shall
be as follows: The proposed name to be given to such new town, or existing
town, shall be filed in the office of the Secretary of State, there to be
retained for at least one year; and the Secretary of State, at any time
after the filing of such proposed name, shall, upon application of said
board, grant his certificate stating that such proposed name, from
information appearing in his office, has not been adopted by any city,
town, village or municipal corporation in this State; which certificate
must be obtained by said board before any action whatever shall be taken by
said board toward making such change of name; and all proceedings
instituted in any court or other place, under a name changed, without
complying with the provisions of this section, shall be held to be void and
of no effect. If such name has been adopted elsewhere in this State, the
Secretary of State shall so notify the board, whereupon another name shall
be filed in his office, which shall there remain in like manner as
hereinbefore provided, and the certificate shall be issued by the Secretary
of State immediately after such filing, stating that such name has not been
elsewhere adopted; whereupon said board may proceed to make such change of
name, and not before; and all proceedings pending, and all rights and
privileges acquired in the name of such town, by such town, or by any
person residing therein, shall be secured to such town or person, and such
proceedings continued to final consummation in such name, the same as
though the same had not been changed.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 2-3 heading) Division 2-3.
Reapportionment of County for
Election of County Board
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(55 ILCS 5/2-3001) (from Ch. 34, par. 2-3001)
Sec. 2-3001. Definitions. As used in this Division,
unless the context otherwise requires:
a. "District" means a county board district established as provided in
this Division.
b. "County apportionment commission" or "commission" means the county
clerk, the State's Attorney, the Attorney General or his designated
representative and the chairmen of the county central committees of the
first leading political party and the second leading political party as
defined in Section 1-3 of The Election Code.
c. "Population" means the number of inhabitants as determined by the
last preceding federal decennial census. For the reapportionment of 2021, "population" means the number of inhabitants as determined by the county board by any reasonable method, including, but not limited to, the most recent American Community Survey 5-year data.
d. "Member" or "board member" means a person elected to serve on the
county board.
(Source: P.A. 102-15, eff. 6-17-21.)
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(55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
Sec. 2-3002.
Counties with population of less than 3,000,000 and
with township form of government.
(a) Reapportionment required. By July 1, 1971, and each 10 years
thereafter, the county board of
each county having a population of less than 3,000,000 inhabitants and
the township form of government shall reapportion its county so that
each member of the county board represents the same number of
inhabitants, except that, for the reapportionment of 2021, the county board shall reapportion its county by December 31, 2021. In reapportioning its county, the county board shall first
determine the size of the county board to be elected, which may consist
of not less than 5 nor more than 29 members and may not exceed the size
of the county board in that county on October 2, 1969.
The county board shall also determine
whether board members shall be
elected at large from the county or by county board districts.
If the chairman of the county board is to be elected by the voters in a
county of less than 450,000 population as provided in Section 2-3007,
such chairman shall not be counted as a member of the county board
for the purpose of the limitations on the size of a county board provided
in this Section.
(b) Advisory referenda. The voters of a county may advise the county
board,
through an advisory referendum, on questions concerning (i) the number of
members of the
county board
to be elected, (ii) whether the board members should be elected from
single-member
districts, multi-member districts, or at-large, (iii)
whether voters will have cumulative voting rights in the election of county
board members, or (iv) any combination of the preceding 3 questions.
The advisory
referendum may be
initiated either by petition or by ordinance of the county board. A written
petition for an
advisory referendum authorized by this Section must contain the signatures of
at least 8% of the
votes cast for candidates for Governor in the preceding gubernatorial election
by the registered voters of the county and must be filed with the appropriate
election
authority. An ordinance
initiating
an advisory referendum authorized by this Section must be approved by a
majority of the
members of the county board and must be filed with the appropriate election
authority. An advisory
referendum initiated under this Section shall be placed on the ballot at the
general
election designated in the petition or ordinance.
(Source: P.A. 102-15, eff. 6-17-21.)
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(55 ILCS 5/2-3002.5)
Sec. 2-3002.5.
Beginning with members elected at the general election
in 2002, counties having a population
between 800,000 and 3,000,000 according to 2000 decennial census shall have no
more than 18 members on their county board.
If the chairman of the county board is elected at-large by the voters of the
county as provided in Section 2-3007, the chairman shall not be counted as a
member of the county board for the purpose of the limitations on the size of
the county board provided in this Section. Neither a member nor the
chairman of that county board shall serve simultaneously as commissioner or
president of the board of commissioners of the forest preserve district. No
person shall seek election to both the county board and the forest preserve
commission at the same election.
(Source: P.A. 91-933, eff. 12-30-00.)
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(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
Sec. 2-3003. Apportionment plan.
(1) If the county board determines
that members shall be elected by districts, it shall develop an
apportionment plan and specify the number of districts and the number of
county board members to be elected from each district and whether voters will
have cumulative voting rights in multi-member districts. Each such district:
a. Shall be substantially equal in population to each | ||
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b. Shall be comprised of contiguous territory, as | ||
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c. May divide townships or municipalities only when | ||
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d. Shall be created in such a manner so that no | ||
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(2) The county board of each county having a population of less than
3,000,000 inhabitants may, if it should so decide, provide within that
county for single-member districts outside the corporate limits and
multi-member districts within the corporate limits of any municipality with
a population in excess of 75,000. Paragraphs a, b, c, and d of subsection
(1) of this Section shall apply to the apportionment of both single-member and
multi-member districts within a county to the extent that compliance with
paragraphs a, b, c, and d still permit the establishment of such districts,
except that the population of any multi-member district shall be equal to
the population of any single-member district, times the number of members
found within that multi-member district. (3) In a county where the Chairman of the County Board is elected by the voters of the county as provided in Section 2-3007, the Chairman of the County Board may develop and present to the Board by the third Wednesday in May in the year after a federal decennial census year an apportionment plan in accordance with the provisions of subsection (1) of this Section. If the Chairman presents a plan to the Board by the third Wednesday in May, the Board shall conduct at least one public hearing to receive comments and to discuss the apportionment plan, the hearing shall be held at least 6 days but not more than 21 days after the Chairman's plan was presented to the Board, and the public shall be given notice of the hearing at least 6 days in advance. If the Chairman presents a plan by the third Wednesday in May, the Board is prohibited from enacting an apportionment plan until after a hearing on the plan presented by the Chairman. The Chairman shall have access to the federal decennial census available to the Board. (4) In a county where a County Executive is elected by the voters of the county as provided in Section 2-5007 of this Code, the County Executive may develop and present to the Board by the third Wednesday in May in the year after a federal decennial census year an apportionment plan in accordance with the provisions of subsection (1) of this Section. If the Executive presents a plan to the Board by the third Wednesday in May, the Board shall conduct at least one public hearing to receive comments and to discuss the apportionment plan, the hearing shall be held at least 6 days but not more than 21 days after the Executive's plan was presented to the Board, and the public shall be given notice of the hearing at least 6 days in advance. If the Executive presents a plan by the third Wednesday in May, the Board is prohibited from enacting an apportionment plan until after a hearing on the plan presented by the Executive. The Executive shall have access to the federal decennial census available to the Board.
(5) For the reapportionment of 2021, the Chairman of the County Board or County Executive may develop and present (or redevelop and represent) to the Board by the third Wednesday in November in the year after a federal decennial census year an apportionment plan and the Board shall conduct its public hearing as provided in paragraphs (3) and (4) following receipt of the apportionment plan. (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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(55 ILCS 5/2-3004) (from Ch. 34, par. 2-3004)
Sec. 2-3004. Failure to complete reapportionment. If any county board fails to complete the reapportionment of its county
by July 1 in 2011 or any 10 years thereafter or by the day after the county board's regularly scheduled July meeting in 2011 or any 10 years thereafter, or for the reapportionment of 2021, by December 31 in the year after a federal decennial census year, whichever is later, the county clerk of that
county shall convene the county apportionment commission. Three members of
the commission shall constitute a quorum, but a majority of all the members
must vote affirmatively on any determination made by the commission. The
commission shall adopt rules for its procedure.
The commission shall develop an apportionment plan for the county in the
manner provided by Section 2-3003, dividing the county into the same number of
districts as determined by the county board. If the county board has failed
to determine the size of the county board to be elected, then the number of
districts and the number of members to be elected shall be the largest
number to which the county is entitled under Section 2-3002.
The commission shall submit its apportionment plan by October 1 in the
year that it is convened, or for the reapportionment of 2021, by February 1, 2022, except that the circuit court, for good cause
shown, may grant an extension of time, not exceeding a total of 60 days,
within which such a plan may be submitted.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
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(55 ILCS 5/2-3005) (from Ch. 34, par. 2-3005)
Sec. 2-3005.
Filing of apportionment plan.
The apportionment plan developed by the county board or the county
apportionment commission, as the case may be, must be filed in the office
of the county clerk by the time required by this Division. The county clerk
shall promptly forward copies of that plan to the chairman of the county
board and shall keep other copies of the plan available for distribution
free of charge to any registered voter of the county requesting a copy.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-3006) (from Ch. 34, par. 2-3006)
Sec. 2-3006.
Failure to file apportionment plan; election of board
members at large. If no apportionment plan is filed with the county clerk
as required by this Division, the members of the county board shall be
elected at large in the county. If the county board has determined the
number of members for the board, that number shall be elected; otherwise,
the number of members to be elected shall be the largest number to which
the county is entitled under Sections 2-3002 and 2-3002.5.
(Source: P.A. 91-933, eff. 12-30-00.)
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(55 ILCS 5/2-3007) (from Ch. 34, par. 2-3007)
Sec. 2-3007. Chairman of county board; election and term. Any
county board when providing for the reapportionment of its county under
this Division may provide that the chairman of the county board shall be
elected by the voters of the county rather than by the members of the
board. In that event, provision shall be made for the election throughout
the county of the chairman of the county board, but in counties over
3,000,000 population no person may be elected to serve as such chairman who
has not been elected as a county board member to serve during the same
period as the term of office as chairman of the county board to which he
seeks election. In counties over 300,000 population and under 3,000,000
population, the chairman shall be elected as chairman without having been
first elected to the county board. Such chairman shall not vote on any
question except to break a tie vote. In all other counties the chairman may
either be elected as a county board member or elected as the chairman
without having been first elected to the board. Except in counties where
the chairman of the county board is elected by the voters of the county and
is not required to be a county board member, whether the chairman of the
county board is elected by the voters of the county or by the members of
the board, he shall be elected to a 2 year term. In counties where the
chairman of the county board is elected by the voters of the county and is
not required to be a county board member, the chairman shall be elected to
a 4 year term. In all cases: (i) the term of the chairman
of the county board shall commence on the first Monday of the month
following the month in which members of the county board are elected, and (ii) no person may simultaneously serve as a member of a county board and the chairman of the same board if the office of chairman is elected by the voters of the county rather than by the members of the board.
(Source: P.A. 99-924, eff. 1-20-17.)
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(55 ILCS 5/2-3008) (from Ch. 34, par. 2-3008)
Sec. 2-3008.
Determination of method of compensation of members of
county board. At the time it reapportions its county under this Division,
the county board shall determine whether the salary to be paid the members
to be elected shall be computed on a per diem basis, on an annual basis or
on a combined per diem and annual basis, and shall fix the amount of that
salary. If the county board desires before the next reapportionment to
change the basis of payment or amount of compensation after fixing those
items, it may do so by ordinance or by resolution. Those changes shall not
however, take effect during the term for which an incumbent county board
member has been elected. In addition, the county board shall determine the
amount of any additional compensation for the chairman of the county board.
The county board may adjust that additional compensation at any time
adjustments in the salary of board members may be made. Those adjustments
shall not however, take effect during the term for which the incumbent
chairman of the county board has been elected.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-3009) (from Ch. 34, par. 2-3009)
Sec. 2-3009.
Terms of board members; vacancies; elections.
(a) County board member elections by county board districts. In
those counties subject to this Division which elect county board
members by county board districts the members shall, no later than 45 days
after December 15, 1982, and thereafter no later than September 1 of the
year of the next general election following reapportionment, divide the
county board districts publicly by lot as equally as possible into 2
groups. Board members or their successors from one group shall be elected
for successive terms of 2 years, 4 years and 4 years; and members
or their successors from the second group shall be elected for successive
terms of 4 years, 4 years, and 2 years. A county under this subsection may, by
ordinance, decide to divide the county board districts into 3 rather than 2
groups. If a county adopts an ordinance to this effect, the members of the
county board shall divide the county board districts publicly by lot as equally
as possible into 3 groups no later than September 1 of the year of the next
general election following reapportionment. Board members or their successors
from one group shall be elected for successive terms of 2 years, 4 years, and 4
years; members or their successors from the second group shall be elected for
successive terms of 4 years, 2 years, and 4 years; and members or their
successors from the third group shall be elected for successive terms of 4
years, 4 years, and 2 years. All terms shall commence on the first Monday of
the month following the month of election.
(b) County board member elections at large. In those counties which
elect county board members at large, under Sections 2-3002 and
2-3006, the members elected in the general election following
reapportionment shall, no later than 45 days after taking office, divide
themselves publicly by lot as equally as possible into 2 groups.
Board members or their successors from one group shall be elected
for successive terms of 2 years, 4 years and 4 years; and members
or their successors from the second group shall be elected for successive
terms of 4 years, 4 years and 2 years. A county under this subsection may, by
ordinance, decide to divide the county board members into 3 rather than 2
groups. If a county adopts an ordinance to this effect, the members of the
county board elected in the general election following reapportionment shall,
no later than 45 days after taking office, divide themselves publicly by lot as
equally as possible into 3 groups. Board members or their successors from one
group shall be elected for successive terms of 2 years, 4 years, and 4 years;
members and their successors from the second group shall be elected for
successive terms of 4 years, 2 years, and 4 years; and members or their
successors from the third group shall be elected for successive terms of 4
years, 4 years, and 2 years. All terms shall commence on the first Monday of
the month following the month of election.
(c) Vacancies; time for elections. In counties under subsection (a)
or (b), if a vacancy occurs in the office of chairman of the county board, the
remaining members of the board shall elect one of the members of the board
to serve for the balance of the unexpired term of the chairman.
In counties under subsection (a) or (b), the time for the election of
county board members shall be as provided by the general election law for the
election of such members.
(Source: P.A. 86-962; 87-924.)
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(55 ILCS 5/2-3010) (from Ch. 34, par. 2-3010)
Sec. 2-3010.
Multi-member districts.
In making the determination by lot, pursuant to Section 2-3009, as to which
members shall serve for 2 years and which for 4 years, the county board of
a county having multi-member districts may provide for the drawing of lots
in such manner as to insure that in each district the number of members
drawing 2 year and 4 year terms, respectively, shall be equal, or as nearly
equal as possible.
Any such determination by lot made before October 1, 1973 is validated.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-3015)
Sec. 2-3015.
Qualifications of County Board Members and Commissioners.
In
counties with a population of 3,000,000 or less, no
person is eligible to hold the office of county board member or commissioner
unless he or she is a legal voter and has been a resident of the county for at
least one year next preceding the election.
(Source: P.A. 90-173, eff. 1-1-98.)
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(55 ILCS 5/Div. 2-4 heading)
Division 2-4. Counties not under Township Organization
Organized as a Commission Form of Government
(Source: P.A. 100-107, eff. 1-1-18.)
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(55 ILCS 5/2-4001) (from Ch. 34, par. 2-4001)
Sec. 2-4001.
Oath of county commissioners.
Each member of the board
of county commissioners shall be commissioned by the governor, and shall,
before entering upon the duties of his office, take and subscribe the
following oath, which shall be filed in the office of the county clerk:
I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States, and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office of
county commissioner of .... county, according to the best of my ability.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-4002) (from Ch. 34, par. 2-4002)
Sec. 2-4002.
Time of meetings.
The board of county commissioners shall hold
regular sessions for the transaction of the business of the county on the call
of the chairman, or any two members of said board, whenever the business of the
county requires it.
(Source: P.A. 86-962; 87-1208.)
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(55 ILCS 5/2-4003) (from Ch. 34, par. 2-4003)
Sec. 2-4003.
Chairman.
At the session of said commissioners in
December of each year, they shall elect one of their number chairman for
the ensuing year, who shall preside at their sessions and perform such
duties as are or may be prescribed by law or by the order of said board.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-4004) (from Ch. 34, par. 2-4004)
Sec. 2-4004.
Conduct of meetings.
A majority of the members of said
board shall constitute a quorum to do business, and, in the absence of the
chairman, a chairman pro tem may be appointed. The board shall sit with
open doors, and all persons may attend their meetings. The vote on all
propositions to appropriate money from the county treasury shall be taken
by "ayes" and "nays" and entered on the record of the meeting.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-4005) (from Ch. 34, par. 2-4005)
Sec. 2-4005.
Administering oaths.
The chairman or any member of the
board of county commissioners may administer oaths to persons, concerning
any matter submitted to the board, or connected with their powers or duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-4006)
Sec. 2-4006. Terms of commissioners.
(a) In every county not under
township organization that is organized as a commission form of government having 3 commissioners elected at large as described in
subsection (b) or (c), the commissioners shall be elected as provided in this
Section.
(b) In a county in which one commissioner was elected at the general
election in 1992 to serve for a term of 4 years and in which 2 commissioners
will be elected at the general election in 1994, the commissioner elected in
1994 and receiving the greatest number of votes shall serve for a term of 6
years. The other commissioner elected in 1994 shall serve for a term of 4
years. At the general election in 1996 and at each general election
thereafter, one commissioner shall be elected to serve for a term of 6 years.
(c) In a county in which 2 commissioners were elected at the general
election in 1992 to serve for terms of 4 years and in which one commissioner
will be elected at the general election in 1994, the commissioner elected in
1994 shall serve for a term of 4 years. The commissioner elected in 1996 and
receiving the greatest number of votes shall serve for a term of 6 years. The
other commissioner elected in 1996 shall serve for a term of 4 years. At the
general election in 1998 and at each general election thereafter, one
commissioner shall be elected to serve for a term of 6 years. (c-5) In Calhoun County, Edwards County, and Union County, the registered voters of the county may, upon referendum
initiated by (i) the adoption of a resolution of the
board of county commissioners or (ii) a petition signed by not less than 10% of the registered voters in the county, determine that the board of
county commissioners shall consist of 5
commissioners elected at large. The commissioners must certify
the question to the proper election authority, which must
submit the question at an election in accordance with the
general election law. The question shall be submitted in substantially the
following form: "Shall the board of county commissioners of (county) | ||
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Votes must be recorded as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then a 5-member board of county commissioners shall be established beginning with the next general election. The County Clerk, in consultation with the State's Attorney for the county, shall develop and present to the board of county commissioners, to implement by the adoption of a resolution, the transition of terms for the current 3-member board of commissioners and the addition of 2 commissioners for 6-year terms. Thereafter, commissioners shall be elected at each general election to fill expired terms.
(d) The provisions of this Section do not apply to commissioners elected
under Section 2-4006.5 of this Code.
(Source: P.A. 100-107, eff. 1-1-18.)
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(55 ILCS 5/2-4006.5)
Sec. 2-4006.5. Commissioners in certain counties.
(a) If a county elects 3
commissioners at large under Section 2-4006, registered voters of such
county may, by a vote of a majority of those voting on such proposition,
determine to change the method of electing the board of county commissioners
by electing either 3 or 5 members from single-member districts.
In order for such question to be placed upon the ballot, such petition must
contain the signatures of not fewer than 10% of the registered voters of such
county.
Commissioners may not be elected from single-member districts until the
question of electing either 3 or 5 commissioners from single-member districts has been submitted to the
electors of the county at a regular election and approved by a majority of the
electors voting on the question. The commissioners must certify the question
to
the proper election authority, which must submit the question at an election in
accordance with the Election Code.
The question must be in substantially the following form:
Shall the board of county commissioners of (name of | ||
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The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, a 3-member or 5-member board of county commissioners,
as the case may be,
shall be established to be elected
from single-member
districts.
(b) If the voters of the county decide to elect either 3 or 5 commissioners
from single-member districts, the
board of county commissioners shall on or before
August 31 of the year following the 2000 federal decennial census divide the
county into either 3 or 5 compact and contiguous county
commission districts that are substantially equal in population. On or before
May 31 of the year following each federal decennial census thereafter, the
board of county commissioners
shall reapportion the county commission districts to be compact, contiguous,
and substantially equal in population.
(c) The commissioners elected at large at or before
the general election in 2000 shall continue to serve until the expiration
of their terms. Of those commissioners, the commissioner whose term expires in
2002 shall be assigned to district 1; the commissioner whose term expires in
2004 shall be assigned to district 2; and the commissioner whose term expires
in 2006 shall be assigned to district 3.
(d) If the voters of the county decide to elect 5 commissioners from single-member districts, at the general election in 2002, one commissioner from and
residing in each of districts 1, 4, and 5 shall be elected. At the general
election in 2004, one commissioner from and residing in each of districts
1, 2, and 5 shall be elected. At the general election in
2006, one commissioner from and residing in each of districts 2, 3, and 4
shall be elected. At
the general election in 2008, one commissioner from and residing in each of
districts 1, 3, and
5 shall be elected. At the general election in 2010, one commissioner from
each of districts 2 and 4 shall be elected. At the general election in 2012,
commissioners from and residing in each district shall be elected.
Thereafter, commissioners
shall be elected at each general election to fill expired terms.
Each commissioner must reside in the district that he or she represents from
the time that he or she files his or her nomination papers until his or her
term expires.
In the year following the decennial census of 2010 and every 10 years
thereafter, the commissioners, publicly by
lot, shall divide the districts into 2 groups. One group
shall serve terms of 4 years, 4 years, and 2 years and one group shall serve
terms of 2
years, 4 years, and 4
years.
(Source: P.A. 102-687, eff. 12-17-21.)
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(55 ILCS 5/2-4010)
Sec. 2-4010.
Qualifications of County Board Members and Commissioners.
In
counties with a population of 3,000,000 or less, no
person is eligible to hold the office of county board member or commissioner
unless he or she is a legal voter and has been a resident of the county for at
least one year next preceding the election.
(Source: P.A. 90-173, eff. 1-1-98.)
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(55 ILCS 5/Div. 2-5 heading) Division 2-5.
County Executive Form of Government
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(55 ILCS 5/2-5001) (from Ch. 34, par. 2-5001)
Sec. 2-5001.
Subtitle.
This Division shall be subtitled the
"County Executive Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5002) (from Ch. 34, par. 2-5002)
Sec. 2-5002.
Legislative determination.
It is declared as a matter of legislative determination that in order to
promote the health, safety, morals and welfare of the public it is
necessary in the public interest to provide for an elected county executive
form of county government in accordance with Sections 4(a) and 6(a) of
Article VII of the 1970 Illinois Constitution, and to permit counties
which become home rule units by adopting an elected form of county
executive government to simultaneously, pursuant to Section 6(b) of Article
VII of the 1970 Illinois Constitution, elect not to be home rule units by
referendum.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5003) (from Ch. 34, par. 2-5003)
Sec. 2-5003. Definitions. As used in this Division, unless the
context requires otherwise:
"County board" or "board" means the legislative governing body of any county
other than Cook County which has adopted the county executive form of
government under this Division.
"County board speaker" or "speaker" means the county board member elected by the county board to serve as the lead representative for the county board, and may be referred to as the "county board speaker", "speaker", "county board chair", or "chair". "County executive" means the county official elected by the voters
of any county other than Cook County to be the chief executive officer to
administer the county executive form of government under this Division.
"County executive form of government" means that form of government
in which the departments of county government are administered by a single
county official called the county executive elected at large by the
qualified voters of the county. The board shall act as the legislative body
of the county under this form of county government.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5004) (from Ch. 34, par. 2-5004)
Sec. 2-5004.
Establishment of county executive form of government.
Any county other than Cook County may establish the county executive
form of government for that county by submission to and approval by the
electors of the county of the proposition at a referendum as provided in
Section 2-5005. A referendum to adopt the county executive form of
government may be called by a resolution adopted by the county board of the
county or by the filing of a petition as provided in Section 2-5005.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5005) (from Ch. 34, par. 2-5005)
Sec. 2-5005.
Referendum on resolution of county board.
(a)
If the county board adopts a resolution calling for a referendum
on the proposal to adopt the county executive form of government and home
rule for the county, within the time provided in the general election law,
the county clerk and the county board shall provide for the submission of
such proposition to the electors of the county in accordance with this Section
at the next general election held in an even-numbered year.
Upon filing of a petition with the clerk of the circuit court of the county
within the time provided in the general election law signed by at least 2%
of the registered voters in the county or 500 individuals, whichever is
less, requesting that the county executive form of government be established
in the county, the clerk of the circuit court shall transmit the petition
to the chief judge of the circuit court who shall determine the sufficiency
of the petition or shall assign the determination of the sufficiency of
the petition to a circuit judge who shall make the determination. If the
judge determines that the petition is sufficient, he shall certify the
sufficiency of the petition and shall issue an order directing the county
clerk and the county board to provide for the submission of such
proposition to the electors of the county at the next general
election held in an even-numbered year.
The referendum shall be conducted in such a manner as is prescribed
in the general election law.
The proposition shall be in substantially the following form:
Shall the County of.......... become a Home YESRule County and establish the county executive form of NOgovernment?
(b) If the county board adopts a resolution calling for a referendum
on the proposal to adopt the county executive form of government and elect
not to be a home rule unit within the time provided in the general
election law, the county clerk and the county board shall provide for the
submission of such proposition to the electors of the county in accordance
with this Section at the next general election held in an
even-numbered year.
Upon filing of a petition with the clerk of the circuit court of the
county within the time provided in the general election law signed by at
least 2% of the registered voters in the county or 500 individuals,
whichever is less, requesting that the county executive form of government
be established in the county and that the county elect not to be a home
rule unit, the clerk of the circuit court shall transmit
the petition to the chief judge of the circuit court who shall determine
the sufficiency of the petition or shall assign the determination of the
sufficiency of the petition to a circuit judge who shall make the
determination. If the judge determines that the petition is sufficient, he
shall certify the sufficiency of the petition and shall issue an order
directing the county clerk and the county board to provide
for the submission of such proposition to the electors of the county
at the next general election held in an even-numbered year.
The referendum shall be conducted in such a manner as is prescribed in
the general election law.
The proposition shall be in substantially the following form:
Shall the County of ....... YESadopt the county executive form of government and elect NOnot to become a home rule unit?
(c) If a majority of the voters voting on the proposition described in
subsection (a) or (b) vote in favor of it, the board shall proceed to
establish the county executive form of government in accordance with this
Division. A referendum under this Section may be held in a county only
once within any 23-month period.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/2-5006) (from Ch. 34, par. 2-5006)
Sec. 2-5006.
Election of chief executive officer.
The
electors of a county which has adopted the county executive
form of government under this Division shall, at the next
general election, and at the general election every 4 years
subsequent, elect a chief executive officer. Nominations for
the office of chief executive officer shall be made in the
manner provided for other county officers in the general
election law. The election of the chief executive officer
shall be governed by the provisions of the general election
law applicable to the election of county officers.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5007) (from Ch. 34, par. 2-5007)
Sec. 2-5007. Term of county executive. The county executive shall
serve a term of 4 years, commencing on the first Monday in the month
following the month of the election in which the county executive was elected and until a successor is elected
and qualified.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5008) (from Ch. 34, par. 2-5008)
Sec. 2-5008.
Qualifications of county executive.
The qualifications
for the office of county executive are the same as those for membership on
the board. However, the county executive shall not be an elected member of
the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
Sec. 2-5009. Duties and powers of county executive. Any county executive elected under this Division shall:
(a) see that all of the orders, resolutions and regulations of the board
are faithfully executed;
(b) coordinate and direct by executive order or otherwise all
administrative and management functions of the county government except the
offices of elected county officers;
(b-5) control the internal operations of the county executive's office and procure the necessary equipment, materials, and services to perform the duties of that office; (c) prepare and submit to the board for its approval the annual budget
for the county required by Division 6-1 of this Code;
(d) appoint, with the advice and consent of the board, persons to serve
on the various boards and commissions to which appointments are provided by
law to be made by the board;
(d-5) make appointments to fill vacancies occurring in the office of an elected county officer other than the office of an elected member of the county board in accordance with Section 25-11 of the Election Code in counties, other than Champaign County, operating under the county executive form of government under this Division; (e) appoint, with the advice and consent of the board, persons to serve
on various special districts within the county except where appointment to
serve on such districts is otherwise provided by law;
(e-5) except as otherwise provided by law, remove or suspend, in the county executive's discretion and after notice and hearing, anyone whom the county executive has the power to appoint under subsection (d) or (e); (f) make an annual report to the board on the affairs of the county, on
such date and at such time as the board shall designate, and keep the board
fully advised as to the financial condition of the county and its future
financial needs;
(f-5) appoint, with the advice and consent of the board, all department heads for any county departments; (g) hire such subordinate
deputies, employees and appointees for the general administration of county
affairs as considered necessary, except those deputies, employees and
appointees in the office of an elected county officer or county board member;
(h) except as otherwise provided by law, remove or suspend, in the discretion of the county executive, department heads for a county department and
anyone whom the county executive has the power to hire under subsection (g);
(i) require reports and examine accounts, records and operations of all
county administrative units;
(j) supervise the care and custody of all county property including
institutions and agencies;
(k) approve or veto ordinances or resolutions pursuant to Section
2-5010;
(l) preside over board meetings; however, the county executive
is not entitled to vote except to break a tie vote;
(l-5) for a county executive of a county that has adopted the executive form of government on or before the effective date of this amendatory Act of the 96th General Assembly, if the County Executive is temporarily not available to preside over a board meeting, the County Executive shall designate a board member to preside over the board meeting; (m) call a special meeting of the county board, by a written
executive order signed by the county executive and upon 24 hours notice by delivery of a
copy of such order to the residence of each board member;
(n) with the advice and consent of the county board, enter into
intergovernmental agreements with other governmental units;
(o) with the advice and consent of the county board, negotiate on
behalf of the county with governmental units and the private sector for the
purpose of promoting economic growth and development;
(p) at the discretion of the county executive, appoint a person to serve as legal counsel at
an annual salary no greater
than the annual salary of the state's attorney of the county;
(q) perform such other duties as shall be required of the county executive by the board.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5010) (from Ch. 34, par. 2-5010)
Sec. 2-5010. Approval of ordinances. Any ordinance passed, adopted or
otherwise enacted by the board shall before it becomes effective be
presented to the county executive. If the county executive approves such
ordinance, resolution or motion, the county executive shall sign it; if not, the county executive shall return
it to the board with the objections, which shall be entered and spread upon
the journal, and the board shall proceed to reconsider the matter. If after
such reconsideration 3/5 of the members of the board pass such ordinance,
it shall become effective on the date prescribed but not earlier than the
date of passage following reconsideration. In all such cases the votes of
the members of the board shall be determined by yeas and nays and the names
of the members voting for or against such ordinance objected to by the
county executive shall be entered and spread upon the journal. If any
ordinance is not returned by the county executive to the board at its first
meeting occurring not less than 6 days, Sundays excepted, after it has been
presented to the county executive, it shall become effective unless the board has recessed
or adjourned for a period in excess of 60 days, in which case it shall not
become effective without the approval of the county executive. Items of appropriation may be
approved or vetoed by the county executive. Any item approved by the county
executive and all items not vetoed shall become law, and any item vetoed
shall be returned to and reconsidered by the board in the same manner as
provided in this Section for other ordinances returned to the board without
approval.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5011) (from Ch. 34, par. 2-5011)
Sec. 2-5011. Death, resignation or inability of county executive. In
case of the death, resignation or other inability of the county executive
to act, the board shall select a person qualified under Section 2-5008 and Section 25-11 of the Election Code to
serve as the interim county executive until the next general election.
(Source: P.A. 96-1540, eff. 3-7-11.)
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(55 ILCS 5/2-5012) (from Ch. 34, par. 2-5012)
Sec. 2-5012.
Salary of county executive.
The salary of the county
executive shall be fixed by the board and shall be not less than 1 1/2
times the amount of the compensation to which a member of the board is
entitled.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5013) (from Ch. 34, par. 2-5013)
Sec. 2-5013.
Discontinuance of county executive form of government.
Any county which has adopted the county executive form of government may
discontinue that form of government only as provided in this Section. The
board upon receipt of a petition, not less than 78 days before a general
election, calling for discontinuance of the county executive form of
government and signed by a number of registered voters of the county equal
to or greater than 5% of the number who voted in the last regular election
held in the county at which county officers were elected shall provide by
resolution for submission of the proposition for discontinuance to the
electors of the county at the next general election. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at the next general election in accordance
with the general election law. The proposition shall be in substantially
the following form:
Shall the County of ..........discontinue the county executive YESform of government and (if a home rule county) become a nonhome rule NOcounty?
If a majority of the voters voting on the proposition vote in favor of
discontinuance of the county executive form of government, the office of
county executive shall be abolished as of the first Monday in December
following the holding of the election and the board elected in the county
shall meet, organize and resume the conduct of the affairs of the county
wholly as the county board. A referendum under this Section may be held in
any county only once within any 47-month period.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5014) (from Ch. 34, par. 2-5014)
Sec. 2-5014. Certified statements by county clerk. At least 20 days
prior to any referendum under Section 2-5005 or Section 2-5013, the county
clerk shall file with the Secretary of State a certified statement
indicating when such a referendum will be held. Within 30 days after any
such referendum the county clerk shall file with the Secretary of State a
certified statement showing the results of the referendum and the resulting
status of the county as a home rule county or a non-home rule county. The
Secretary of State shall maintain such certified statements in the office of the Secretary of State
as a public record.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5015) (from Ch. 34, par. 2-5015)
Sec. 2-5015. County board chair; superseding plan for election of county board chairman. (a) Notwithstanding any provision of law to the contrary, in a county that has adopted the county executive form of government under this Division, the county board chairman, county board chairperson, or county board chair shall only have those powers and duties set forth in this Division. Any powers and duties vested in a county board chairman, county board chairperson, or county board chair in any Illinois statute, other than this Division, Section 11 of the Public Health District Act, and Section 25-11 of the Election Code, shall instead be vested in the county executive in those counties that have adopted the county executive form of government. (b) The adoption of the county executive form of government by any county
pursuant to this Division shall supersede any plan adopted by
the county board of that county pursuant to Section 2-3007, as now or
hereafter amended, for the election of the chairman of the county board by
the voters of the county.
(Source: P.A. 102-1120, eff. 1-23-23.)
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(55 ILCS 5/2-5016) (from Ch. 34, par. 2-5016)
Sec. 2-5016.
Policy concerning exercise of powers by counties.
It is the policy of this State that any county with a chief
executive officer elected by the electors of the county may (1) exercise
any power and perform any function pertaining to its government and affairs,
or (2) exercise those powers within traditional areas
of county activity, except as limited by the Illinois Constitution or a
proper limiting statute, notwithstanding effects on competition.
It is the intention of the General Assembly that the "State action exemption"
to the application of federal antitrust statutes be fully available to counties
to the extent their activities are authorized by law as stated herein.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-5017) Sec. 2-5017. Regular meetings of the county board. Regular and special meetings of the county board may be held in any public building located within the county that such county board is elected to serve. Prior notice of the building selected for the meeting shall be provided by the board speaker to each member of the county board in the manner provided pursuant to the rules of the county board. Regular meetings of the board shall be held in June and September, and at such other times as may be determined by the board. At each regular and special meeting which is open to the public, members of the public and employees of the county shall be afforded time, subject to reasonable constraints, to comment to or ask questions of the board.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/2-5018) Sec. 2-5018. Special meetings. Special meetings of the board shall be held only when requested by at least one-third of the members of the board, or when requested by the county executive, which request shall be in writing, addressed to the clerk of the board, and specifying the time and place of such meeting, upon reception of which the clerk shall immediately transmit notice, in writing, of such meeting, to each of the members of the board. The clerk shall also cause notice of such meeting to be published in a newspaper printed in the county, if any. If a vacancy arises in the office of clerk, because of death or other reason, then the request shall be addressed to the circuit clerk who shall perform the duties of the clerk pursuant to this Section.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/2-5019) Sec. 2-5019. Speaker of the county board. The county board shall, at its first meeting in the month following the month in which county board members are elected, choose one of its members as speaker for a term of 2 years. A speaker may be removed, with or without cause, upon a motion adopted by an affirmative vote of four-fifths of the county board. Upon adoption of a motion to remove the speaker: (i) the speaker position becomes vacant and the former speaker's compensation shall be prorated to the date the motion was approved; and (ii) a new speaker shall be elected at the next regularly scheduled county board meeting. A speaker removed under this Section maintains his or her status as a member of the county board.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/2-5020) Sec. 2-5020. Quorum; omnibus votes. A majority of the members of any county board shall constitute a quorum for the transaction of business; and all questions, ordinances, resolutions, or motions which shall arise at meetings shall be determined by the votes of the majority of the members present, except in such cases as is otherwise provided. The county board at any properly noticed public meeting may by unanimous consent take a single vote by yeas and nays on the several questions of the passage of any 2 or more of the designated ordinances, orders, resolutions, or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the minutes under the designation "omnibus vote", and the clerk may enter the words "omnibus vote" or "consent agenda" in the minutes in each case instead of entering the names of the members of the county board voting "yea" and those voting "nay" on the passage of each of the designated ordinances, orders, resolutions, and motions included in the omnibus group or consent agenda. The taking of a single or omnibus vote and the entries of the words "omnibus vote" or "consent agenda" in the minutes shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been taken separately by yeas and nays on the question of the passage of each ordinance, order, resolution, and motion included in the omnibus group and separately recorded in the minutes. Likewise, the yeas and nays shall be taken upon the question of the passage of any other ordinance, resolution, or motion at the request of any county board member and shall be recorded in the minutes.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/2-5021) Sec. 2-5021. Open meetings. County board meetings are open to the public, and all persons may attend the meetings. The vote on all propositions to appropriate money from the county treasury shall be taken by "yeas" and "nays" and entered on the record of the meeting.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/2-5022) Sec. 2-5022. Administering oaths. The county executive, or designee, may administer an oath to any person concerning any matter submitted to the board, or connected with its powers and duties, and a member of the board may administer the oath required by law to a claimant presenting a claim against the county to be passed by the board. A member so administering an oath to a claimant may not charge a fee for administering the oath.
(Source: P.A. 102-1120, eff. 1-23-23.) |
(55 ILCS 5/Div. 2-6 heading) Division 2-6.
Commissioners in Cook County
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(55 ILCS 5/2-6001) (from Ch. 34, par. 2-6001)
Sec. 2-6001.
Election of Cook County commissioners.
There shall
be elected every 4 years by the legal voters of Cook County 17
county commissioners who shall hold their office respectively for the term
of 4 years and until their successors are elected and qualified. Elections
shall be held at the time provided by the general election law.
Their term of office shall commence on the first Monday of the month
following the month of their election. Ten of the commissioners shall be
elected from the city of Chicago by the legal voters of that city, and 7
of the commissioners shall be elected from the towns outside of the city
by the legal voters of those towns. If a vacancy occurs in the office of a
commissioner from the city of Chicago, the remaining commissioners from the
city of Chicago shall appoint a suitable person from the city of Chicago to
fill the vacancy. If a vacancy occurs in the office of a commissioner from
the towns outside the city of Chicago, the remaining commissioners from
those towns shall appoint a suitable person from those towns to fill the
vacancy.
(Source: P.A. 86-962; 87-570.)
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(55 ILCS 5/2-6002) (from Ch. 34, par. 2-6002)
Sec. 2-6002.
Election of president of board.
Every
legal voter in said county may vote for and designate (upon
his ballot cast for county commissioners) one of the candidates for
commissioner to be president of the county board, and the person who shall
receive the highest number of such votes shall be declared elected
president of said board.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6003) (from Ch. 34, par. 2-6003)
Sec. 2-6003. Vacancy in office of president. In case of the death,
resignation, removal from office or other inability to act of the president
so elected, the board of commissioners shall within 30 days appoint, by election, one of their number to serve as president. If more than 28 months of the unexpired term remain, a special election shall be held at the next general election to elect a person to serve the unexpired term of the president. In the case of a special election under this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. If 28 months or less of the unexpired term remain, the appointed officer shall serve for the remainder of the term.
(Source: P.A. 101-188, eff. 8-2-19.)
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(55 ILCS 5/2-6004) (from Ch. 34, par. 2-6004)
Sec. 2-6004.
Terms of office of commissioners.
The terms of office of
such commissioners shall begin on the first Monday of the month following
the month of their election, and they shall hold their office respectively
until their successors are elected and qualified.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6005) (from Ch. 34, par. 2-6005)
Sec. 2-6005.
Oath of commissioners.
The said commissioners shall
severally, before they enter upon the discharge of their duties, take the
oath of office prescribed by the Constitution, and they shall be known as
the board of commissioners of Cook County, and as such board shall possess
the powers, perform the duties and be subject to the rules, regulations and
restrictions hereinafter specified.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6006) (from Ch. 34, par. 2-6006)
Sec. 2-6006.
Meetings of board of commissioners.
The board of
commissioners shall hold regular meetings on the first Monday of December,
January, February, March, June and September in each year, except that when
such a regularly scheduled meeting would fall on a legal holiday under
Section 17 of "An Act to revise the law in relation to promissory notes,
bonds, due bills and other instruments in writing", approved March 18,
1874, as amended, the board shall hold the meeting on the day immediately
following such a holiday. It shall be the duty of the president of the
board of commissioners to call special meetings of the board whenever, in
his opinion, the same may be necessary; and he shall preside at all the
meetings of the board, and generally perform the duties usually performed
by a presiding officer; provided, that in the absence of the president, or
of his inability to act, a president pro tempore may be elected, who shall,
during such absence or inability possess all the powers and perform all the
duties by law vested in and required of the president.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6007) (from Ch. 34, par. 2-6007)
Sec. 2-6007.
Voting by president.
The president of the board of
commissioners shall have the same privilege of voting as any other
commissioner; but he shall not have a casting vote upon any question upon
which he has voted as commissioner.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6008) (from Ch. 34, par. 2-6008)
Sec. 2-6008. Approval of ordinances. All ordinances, resolutions or
motions shall be submitted to
said board of commissioners in writing, or reduced to writing before any
vote shall be taken thereon; and if adopted by the board, the same shall
not take effect until after the same shall have been approved in writing by
the president of said board, except as hereinafter provided. It shall be
the duty of the clerk of said board to deliver to the president thereof,
upon his request, the original (or a copy) of each ordinance, resolution or
motion, so passed or adopted by said board as aforesaid, within one day
after its passage or adoption; and in case the president approves thereof,
he shall sign the same, and it shall thereupon be in full force and effect.
In case the president shall not approve any such ordinance, resolution or
motion, he shall, within five days after the receipt of the same as
aforesaid, return it to the clerk of said board, with his objections
thereto in writing. Such veto by the president may extend to any one or
more items or appropriations contained in any resolution making an
appropriation, or to the entire resolution; and in case the veto only
extends to a part of such resolution making an appropriation, the residue
thereof not embraced within the veto shall take effect and be in force from
the time of the receipt by said clerk of such veto of such part. Upon the
return of any such ordinance, resolution or motion by the president, with
his objections thereto as aforesaid, the vote by which the same was passed
shall be reconsidered by the board of commissioners as to so much thereof
as may have been vetoed; and if, after such reconsideration, three-fifths
of
all the members elected to the board shall agree to pass the same by yeas
and nays, to be entered on the journal, the same shall take effect,
notwithstanding the president may have refused to approve thereof. In case
the president shall fail or omit to either sign and approve or return, with
his objections as aforesaid, any such ordinance, motion or resolution which
shall have been passed or adopted by the board within six days after it
shall have been so passed or adopted, the same shall take effect without
the approval of the president.
(Source: P.A. 96-816, eff. 11-9-09.)
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(55 ILCS 5/2-6009) (from Ch. 34, par. 2-6009)
Sec. 2-6009.
Powers and duties of commissioners.
Said board of
commissioners shall have the management of the affairs of said Cook County,
in the manner provided by law, and may exercise the same powers, perform
the same duties, and shall be subject to the same rules, regulations and
penalties prescribed by law for the county board in other counties, except
as herein otherwise provided; and shall also be subject to the rules,
regulations and restrictions herein provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/2-6010) (from Ch. 34, par. 2-6010)
Sec. 2-6010.
Delegation of powers; appropriations; indebtedness.
The
said board of commissioners shall have no power or authority to delegate to
any committee or other person or persons the "power to act", when such
"power to act" shall involve the letting of any contract or the expenditure
of public money exceeding the sum of $2,500; and any action of said board,
or of any committee thereof, or of any other person or persons in violation
of this Section shall be null and void. No money shall be appropriated or
ordered paid by said county commissioners beyond the sum of $2,500, unless
such appropriation shall have been authorized by a vote of at least
two-thirds of the members elected to the said county board. And no officer
of Cook County, or other person, shall incur any indebtedness on behalf of
the county, unless first authorized by said board of commissioners.
(Source: P.A. 86-962.)
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(55 ILCS 5/Art. 3 heading) ARTICLE 3.
OFFICERS AND EMPLOYEES
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(55 ILCS 5/Div. 3-1 heading) Division 3-1.
Auditor
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(55 ILCS 5/3-1001) (from Ch. 34, par. 3-1001)
Sec. 3-1001. Auditors in counties of 70,000 to 3,000,000. In all
counties containing less than 3,000,000 and over 70,000 inhabitants by the
last federal census, there is created the office of county auditor, whose
term of office shall be 4 years and until his or her successor is elected and
qualified. The nomination and election shall be subject to the general
election laws of the State. Each county auditor shall take office the first
day of the month following the month of his or her election on which the office of
the county auditor is required, by statute or by action of the county
board, to be open. The qualifications and oath of office shall be the same
as apply to other county officers. Each county auditor shall, before
entering upon the duties of the office, give bond (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding) in such penalty and with such security as the county board deems
sufficient, which bond shall be substantially in the form required by law to be
given by the county clerk. Such bond shall be filed with the county clerk on or
before the day the county auditor takes office. In case of a vacancy in the
office of county auditor caused by death, resignation, or removal from office,
the vacancy shall be filled as provided for filling vacancies of other county
offices. If the auditor is temporarily unable to perform his or her duties for
any reason, the deputy auditor, if there is one, shall assume the duties of the
auditor until the auditor is able to resume his or her duties or until a
replacement for the auditor is chosen.
(Source: P.A. 103-117, eff. 1-1-24.)
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(55 ILCS 5/3-1002) (from Ch. 34, par. 3-1002)
Sec. 3-1002. Auditors in counties of 70,000 population or less. In counties of 70,000 population or less, as determined by the
last federal census preceding the date of appointment, the presiding
officer of the county board with the advice and consent of the county board
may appoint and employ a county auditor whose term of office shall be 4
years and until a successor is appointed and qualified. Every county
auditor appointed pursuant to the provisions of this Section shall hold
office until the first Tuesday of May, 1961, and until a successor is
appointed and qualified. A successor shall be appointed and take office
on the first Tuesday of May, 1961, and every 4 years thereafter, for a term
of 4 years and until another successor is appointed and qualified. The
qualifications and oath of office of such county auditor shall be the same
as apply to other county officers. Each county auditor shall, before
entering upon the duties of the office, give bond in such penalty and with
such security as the county board shall deem sufficient, which bond shall
be substantially in the form required by law to be given by the county
clerk. Said bond shall be filed with the county clerk on or before the date
the county auditor enters into the duties of the office. In case of a
vacancy in the office of county auditor caused by death, resignation, or
removal from office, the vacancy shall be filled by appointment by the
presiding officer of the county board with the advice and consent of the
county board. If the auditor is temporarily unable to perform his or her
duties for any reason, the deputy auditor, if there is one, shall assume
the duties of the auditor until the auditor is able to resume his or her
duties or until a replacement for the auditor is chosen.
(Source: P.A. 103-117, eff. 1-1-24.)
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(55 ILCS 5/3-1003) (from Ch. 34, par. 3-1003)
Sec. 3-1003.
Commissions.
Every county auditor whose office is
established under Section 3-1001 shall be commissioned by the Governor. No
commission shall issue except upon the certification by the county clerk of
the appropriate county that the county auditor was duly elected or
appointed, and that such county auditor has filed the bond and taken the
oath of office as heretofore provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-1004) (from Ch. 34, par. 3-1004)
Sec. 3-1004.
Internal operations of office.
The county auditor shall
control the internal operations of the office and procure equipment,
materials and services necessary to perform the duties of the office,
subject to the budgetary limitations established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-1005) (from Ch. 34, par. 3-1005)
Sec. 3-1005.
Duties of auditor.
The duties of the county auditor
shall be to:
(a) Audit all claims against the county, and recommend to the county
board the payment or rejection of all claims presented.
(b) Collect, analyze and preserve statistical and financial
information with respect to the cost of operation of the various
institutions and facilities maintained, operated or owned by the county.
(c) Approve all orders for supplies issued by the various county
officers, before the orders are to be placed with the parties to whom the
same are to be given.
(d) Maintain a file of all contracts entered into by the county board
and all authorized county officers, for or on behalf of the county.
(e) Report quarterly to the county board the entire financial operations
of the county including revenues anticipated and received, expenditures
estimated and paid, obligations unpaid, the condition of all funds and
appropriations and other pertinent information. The county auditor shall
cause to be published in at least one newspaper of general circulation in
the county, a notice of the availability of the quarterly report for public
inspection in the office of the county auditor. Such notice shall be
published within 30 days of the date of the scheduled release of the report.
(f) Audit the receipts of all county officers and departments presented
for deposit with the county treasurer.
(g) Maintain a continuous internal audit of the operations and financial
records of the officers, agents or divisions of the county. The county
auditor shall have access to all records, documents, and resources
necessary for the discharge of this responsibility.
(h) Audit the inventory of all real and personal property
owned by the county under the control and management of the various
officers and departments of the county.
(i) Audit the documentation, records, and bases for the amounts billed
to the county, as maintained by county vendors, under agreements between
the county and its vendors, when those agreements provide that the amounts
billed to the county are based upon actual costs incurred by the vendor, or
when those agreements include the requirement that the county provide a
reimbursement for out-of-pocket costs incurred by the vendors. The county
auditor shall audit the documentation, records, and bases for the amounts
required to be paid to the county under agreements with outside parties,
when those amounts are based upon records and documentation generated,
compiled, and maintained by the outside party. The vendors and outside
parties affected by this Section shall provide to the county auditor, on a
timely basis, all records and documents required by the county auditor
relative to the county auditor's duties under this subsection.
(Source: P.A. 86-962; 86-1358.)
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(55 ILCS 5/3-1006) (from Ch. 34, par. 3-1006)
Sec. 3-1006.
Additional duties in counties of 275,000 or less.
In counties of 275,000 population or less, as determined by the last
federal decennial census, the county auditor, in addition to the duties
prescribed in Section 3-1005, shall:
(a) Be the general accountant of the county and keep its general accounts.
(b) Devise and install a system of financial records in the offices and
divisions of the county, to be followed in such offices and divisions.
Such a system shall be suitable to the needs of the office and in
accordance with generally accepted principles of accounting for
governmental bodies.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-1007) (from Ch. 34, par. 3-1007)
Sec. 3-1007.
Deputies and employees.
The county auditor shall appoint
deputies and employees. The deputies shall take and subscribe the same
oath of office as is required of other county officers. Any such oath shall
be filed with the county clerk and entered of record by such clerk.
Compensation of deputies and employees not otherwise provided for by law
shall be fixed by the county auditor subject to budgetary limitations
established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-1008) (from Ch. 34, par. 3-1008)
Sec. 3-1008.
Continuing education.
Each county auditor shall obtain
at least 20 hours of continuing professional education related to the
operation of the auditor's office each year. Reasonable expenses incurred
by the auditor in obtaining that education shall be reimbursed by the county.
(Source: P.A. 86-1358.)
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(55 ILCS 5/Div. 3-2 heading) Division 3-2.
Clerk
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(55 ILCS 5/3-2001) (from Ch. 34, par. 3-2001)
Sec. 3-2001. Election of county clerk. In all counties there shall be
an elected county clerk who shall hold office until the clerk's successor is
qualified. The functions and powers of the county clerks shall be uniform
in the various counties of this State. The clerk shall enter upon the duties of
the clerk's office on the first day in the month of December following the clerk's election
on which the office of the county clerk is required, by statute or by
action of the county board, to be open.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2002) (from Ch. 34, par. 3-2002)
Sec. 3-2002. Oath. Each county clerk, before entering upon the duties
of the clerk's office, shall take and subscribe to the oath or affirmation
prescribed by Section 3, Article XIII of the Constitution which shall be
entered at large upon the records of the clerk's office.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2003) (from Ch. 34, par. 3-2003)
Sec. 3-2003.
Functions, powers and duties of clerk.
The county clerk
shall have those functions, powers and duties as provided in the Sections
following this Section and preceding Section 3-2004.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2003.1) (from Ch. 34, par. 3-2003.1)
Sec. 3-2003.1. Appointment of deputies, assistants and personnel. The county clerk shall appoint deputies, assistants and personnel to
assist in the performance of the clerk's duties.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2003.2) (from Ch. 34, par. 3-2003.2)
Sec. 3-2003.2. Internal operations of office. The county clerk shall
have the right to control the internal operations of the clerk's office and to procure
necessary equipment, materials and services to perform the duties of the clerk's
office.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2003.3) (from Ch. 34, par. 3-2003.3)
Sec. 3-2003.3. Monthly report of financial status. The county clerk
shall file a monthly report summarizing the financial status of the clerk's office
in such form as shall be determined by the county board.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2003.4) (from Ch. 34, par. 3-2003.4)
Sec. 3-2003.4. Deposit of fee income; special funds. The county clerk shall deposit in the office of the county treasurer
monthly by the 10th day of the month following, all fee income. The county
clerk may maintain the following special funds from which the county board
shall authorize payments by voucher between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding | ||
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(c) Excess earnings from the sale of revenue stamps | ||
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(d) Fund to pay necessary travel, dues and other | ||
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(e) Trust funds, for tax redemptions, or for such | ||
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(f) Such other funds as may be authorized by the | ||
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The county clerk shall make accounting monthly to the county board of
all special funds maintained by the clerk in the discharge of the clerk's duties.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2003.5) (from Ch. 34, par. 3-2003.5)
Sec. 3-2003.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the county
clerk subject to budgetary limitations established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2004) (from Ch. 34, par. 3-2004)
Sec. 3-2004.
Prompt payment.
Purchases made pursuant to this Division
shall be made in compliance with the "Local Government Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2005) (from Ch. 34, par. 3-2005)
Sec. 3-2005. Bond. Each county clerk shall, before entering
upon the duties of the clerk's office, give bond (or, if the county is
self-insured, the county through its self-insurance program may provide
bonding) in such penalty and with such security as the county board shall deem
sufficient, which bond shall be substantially in the following form, and shall
be recorded in full in the records of the clerk's office, and when so recorded
shall be deposited with the clerk of the circuit court for safe keeping:
We, (A B) principal, and (C D) and (E F), sureties, all of the county of
.... and State of Illinois, are obligated to the People of the State of
Illinois, in the penal sum of $...., for the payment of which, we obligate
ourselves, each of us, our heirs, executors and administrators.
The condition of the above bond is such, that if the above obligated (A B)
shall perform all the duties which are or may be required by law to be
performed by the county clerk of the county of .... in the time and
manner prescribed or to be prescribed by law, and when the clerk is
succeeded in office, shall surrender and deliver over to the clerk's
successor in office all books, papers, moneys, and other things belonging
to the county, and appertaining to the clerk's office, then the above bond
to be void; otherwise to remain in full force.
Dated (insert date).
Signed and delivered in the presence of (G H).
Signature A B,
Signature C D,
Signature E F.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2006) (from Ch. 34, par. 3-2006)
Sec. 3-2006.
Commission.
County clerks shall be commissioned
by the governor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
Sec. 3-2007. Office quarters and hours; violation. The county clerk shall keep the clerk's office at the court house of
the county, or at such other place as may be provided for the clerk by the
authorities of such county seat and shall keep the office open and
attend to the duties thereof:
(a) In counties of 500,000 or more population from 9 | ||
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(b) In counties of less than 500,000 population from | ||
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Provided, that the days on which such office shall be open and the
hours of opening and closing of the office of the county clerk may be
changed and otherwise fixed and determined by the county board of any
county. Any such action taken by the county board shall be by an
appropriate resolution passed at a regular meeting.
Notwithstanding any other provision of this Section, when any
election is held and the results of such election
are required by law to be returned to the county clerk, the office of
the county clerk shall remain open for the purpose of receiving such
results from the time of opening of the polls until the returns from
each precinct have been received.
Any county clerk who fails to keep the clerk's office open for the purpose of
receiving election returns as required by this Section commits a
business offense, and shall be fined not less than $500 nor more than
$5,000.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2008) (from Ch. 34, par. 3-2008)
Sec. 3-2008. Seal. The county clerk shall be keeper of the seal of the county,
which shall be used by the clerk in all cases where the clerk is required to use an
official seal.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2009) (from Ch. 34, par. 3-2009)
Sec. 3-2009. Deputies. The county clerk shall appoint a chief deputy and may
appoint additional deputies, who shall take and subscribe the same oath for
the discharge of their duties as is required of the county clerk, which
shall be entered of record in the clerk's office.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2010) (from Ch. 34, par. 3-2010)
Sec. 3-2010. Responsibility. The principal clerk shall in all cases be
responsible for the acts of the principal clerk's deputies. Whenever a vacancy occurs in the
office of the county clerk in any county, including counties with a
population of less than 60,000 inhabitants, the chief deputy clerk shall
perform all the duties appertaining to the office of county clerk until the
successor of such clerk is elected or appointed and qualified as provided
in Section 3-2011.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2011) (from Ch. 34, par. 3-2011)
Sec. 3-2011.
Vacancies; military service.
Whenever a vacancy occurs
in the office of any county clerk and the unexpired term exceeds one year,
the vacancy shall be filled as provided by The Election Code by appointment
of a clerk pro tempore, who shall qualify by giving bond and taking the
oath as required of the county clerk, and shall thereupon perform all the
duties and be entitled to all the emoluments and be subject to all the
penalties appertaining to the office of county clerk until the successor of
such clerk is elected or appointed and qualified; Provided, that in case
the county clerk is called into the active military service of the United
States, the appointee shall perform and discharge all the duties of the
county clerk during the time such county clerk is in the active military
service of the United States, and such county clerk so appointed shall
possess all the powers and discharge all the duties of a regularly elected
county clerk under the laws of this State, and shall be paid the same
compensation as provided by law for the county clerk of that county,
apportioned as to the time of service, and such appointment and all
authority thereunder shall cease upon the discharge of the said county
clerk from such active military service of the United States; and provided
further, that the office of county clerk shall not be deemed to be vacant
during the time the said county clerk is in the active military service of
the United States.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-2012) (from Ch. 34, par. 3-2012)
Sec. 3-2012. Custody of records; public inspection. The county
clerk shall have the care and custody of all the records, books and papers
appertaining to and filed or deposited in the clerk's offices, and the
same, except as otherwise provided in the Vital Records Act, shall be
open to the inspection of all persons without reward.
(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2013) (from Ch. 34, par. 3-2013)
Sec. 3-2013. General duties of clerk. Subject to the provisions of
the Local Records Act, the duties of the county clerk shall be-
1st. To act as clerk of the county board of the | ||
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2nd. To keep a book in which the clerk shall enter | ||
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3rd. Before any such order is delivered to the | ||
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4th. To keep a book, in which shall be entered in | ||
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5th. To keep proper alphabetical indexes of all | ||
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6th. To give any person requiring the same, and | ||
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7th. Such other duties as are or may be required by | ||
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(Source: P.A. 101-253, eff. 8-9-19.)
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(55 ILCS 5/3-2014) Sec. 3-2014. Local government and school district registry. Within 60 days following the creation or dissolution of a unit of local government or school district, each county clerk shall provide to the Comptroller information for the registry required under Section 23.7 of the State Comptroller Act in a manner prescribed by the Comptroller.
(Source: P.A. 101-34, eff. 6-28-19.) |
(55 ILCS 5/Div. 3-3 heading) Division 3-3.
Coroner
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(55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001)
Sec. 3-3001. Commission; training; duties performed by other county officer.
(a) Every coroner shall be commissioned by the Governor, but no
commission shall issue except upon the certificate of the county clerk of
the proper county of the due election or appointment of the coroner and
that the coroner has filed his or her bond and taken the oath of office as
provided in this Division.
(b)(1) Within 30 days of assuming office, a coroner elected to that office
for the first time shall apply for admission to the Coroner Training Board coroners training program. Completion of the training
program shall be within 6 months of application. Any coroner may direct the
chief deputy coroner or a deputy coroner, or both, to attend the training
program, provided the coroner has completed the training program. Satisfactory
completion of the program shall be evidenced by a certificate issued to the
coroner by the Coroner Training Board. All coroners
shall complete the training program at least once while serving as coroner.
(2) In developing the coroner training program, the Coroner Training Board shall consult with the
Illinois Coroners and Medical Examiners Association or other organization as approved by the Coroner Training Board.
(3) The Coroner Training Board shall notify the
proper county board of the failure by a coroner to successfully complete this
training program.
(c) Every coroner shall attend at least 24 hours of accredited
continuing education for coroners in each calendar year.
(d) In all counties that provide by resolution for the elimination of
the office of coroner pursuant to a referendum, the resolution may also
provide, as part of the same proposition, that the duties of the coroner be
taken over by another county officer specified by the resolution and
proposition.
(Source: P.A. 99-408, eff. 1-1-16.)
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(55 ILCS 5/3-3002) (from Ch. 34, par. 3-3002)
Sec. 3-3002.
Commencement of duties.
The coroner shall enter upon the
duties of his office on the first day of the month of December following
his election on which the coroner's office is required, by statute or by
action of the county board, to be open.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3003) (from Ch. 34, par. 3-3003)
Sec. 3-3003.
Duties of coroner.
The county coroner shall control the
internal operations of his office. Subject to the applicable county
appropriation ordinance, the coroner shall procure necessary equipment,
materials, supplies and services to perform the duties of the office.
Compensation of deputies and employees shall be fixed by the coroner,
subject to budgetary limitations established by the county board.
Purchases of equipment shall be made in accordance with any ordinance
requirements for centralized purchasing through another county office or
through the State which are applicable to all county offices.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3004) (from Ch. 34, par. 3-3004)
Sec. 3-3004.
Bond.
Before entering upon the duties of his or her
office, he or she shall give bond, with 2 or more sufficient sureties (or,
if the county is self-insured, the county through its self-insurance program
may provide bonding), to be approved by the circuit court for his or her
county, in the penal sum of $5,000, which shall cover both the coroner and any
deputies, payable to the People of the State of Illinois, conditioned that each
will faithfully discharge all the duties required or to be required of him by
law as such coroner, deputy coroner or as sheriff of the county, in case he or
she shall act as such. The bond shall be entered of record in the court and
filed in the office of the county clerk of his or her county. The costs of the
bond shall be paid by the county.
(Source: P.A. 88-387.)
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(55 ILCS 5/3-3005) (from Ch. 34, par. 3-3005)
Sec. 3-3005.
Oath.
He shall also, before entering upon the duties of
his office, take and subscribe the oath or affirmation prescribed by
Section 3, Article XIII of the Constitution which shall be filed in the
office of the county clerk of his county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3006) (from Ch. 34, par. 3-3006)
Sec. 3-3006.
Copies of bond as evidence.
Copies of such bond,
certified by the county clerk, or of the record thereof certified by the
clerk of the circuit court, shall be received as evidence.
(Source: P.A. 86-961.)
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(55 ILCS 5/3-3007) (from Ch. 34, par. 3-3007)
Sec. 3-3007.
Conservator of the peace.
Each coroner shall be
conservator of the peace in his county, and, in the performance of his
duties as such, shall have the same powers as the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3008) (from Ch. 34, par. 3-3008)
Sec. 3-3008.
Coroner to act when sheriff prejudiced.
When it appears from the papers in a case that the sheriff
or his deputy is a party thereto, or from affidavit filed that
he is interested therein, or is of kin, or partial to or prejudiced
against either party, the summons, execution or other process may
be directed to the coroner, who shall perform all the duties in
relation thereto, and attend to the suit in like manner as if he
were sheriff; and the interests, consanguinity, partiality or
prejudice of the sheriff shall not be cause for a change of venue.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3009) (from Ch. 34, par. 3-3009)
Sec. 3-3009.
Deputy coroner's, sheriff's or police officer's performance
of coroner's
duties. If there is no coroner, or it shall appear in like manner that he or she
is also a party to or interested in the suit, or of kin, or partial to or
prejudiced against either party, or the coroner has an economic or personal interest that conflicts with his or her official duties as coroner, the coroner shall disqualify himself or herself from acting at an investigation or inquest and process shall in like manner issue to the
deputy coroner if designated by the coroner to fill the vacancy, or, if no
designation is
made, to any
sheriff, sheriff's deputy or police officer, in the county, who shall
perform like duties as required of the coroner.
The designation shall be in writing and filed with the county clerk.
(Source: P.A. 98-812, eff. 8-1-14.)
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(55 ILCS 5/3-3010) (from Ch. 34, par. 3-3010)
Sec. 3-3010.
Deputy sheriff, undersheriff, or coroner to act when
sheriff's office vacant. Where the
office of the sheriff is vacant, the chief deputy sheriff or undersheriff if
designated by the sheriff to fill the vacancy, or, if no designation is made,
the coroner of the county shall perform
all the duties required by law to be performed by the sheriff, and have the
same powers, and be liable to the same penalties and proceedings as if he
were sheriff, until another sheriff is elected or appointed and qualified.
The designation shall be in writing and filed with the county clerk.
(Source: P.A. 91-633, eff. 12-1-99.)
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(55 ILCS 5/3-3011) (from Ch. 34, par. 3-3011)
Sec. 3-3011.
Classification of counties.
For the purposes of this
Division, counties of more than 1,000,000 population shall be designated as
Class I counties, and counties of not more than 1,000,000 population as
Class II counties.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3012) (from Ch. 34, par. 3-3012)
Sec. 3-3012.
In-service training expenses.
The county coroner may
maintain a special fund, from which the county board shall authorize
payments by voucher between board meetings, to pay necessary travel dues
and other expenses incurred in attending workshops, educational seminars
and organizational meetings for the purpose of providing in-service training.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013) (Text of Section before amendment by P.A. 103-842) Sec. 3-3013. Preliminary investigations; blood and urine analysis;
summoning jury; reports. Every coroner, whenever, as soon as he knows or is
informed that the dead body of any person is found, or lying within his
county, whose death is suspected of being: (a) A sudden or violent death, whether apparently | ||
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(b) A death due to a
sex crime; (c) A death where the circumstances are suspicious, | ||
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(d) A death where addiction to alcohol or to any drug | ||
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(e) A death where the decedent was not attended by a | ||
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shall go to the place where the dead body is and take charge of the
same and shall make a preliminary investigation into the circumstances
of the death. In the case of death without attendance by a licensed
physician, the body may be moved with the coroner's consent from the
place of death to a mortuary in the same county. Coroners in their
discretion shall notify such physician as is designated in accordance
with Section 3-3014 to attempt to ascertain the cause of death, either by
autopsy or otherwise. In cases of accidental death involving a motor vehicle in which the
decedent was (1) the operator or a suspected operator of a motor
vehicle, or (2) a pedestrian 16 years of age or older, the coroner shall
require that a blood specimen of at least 30 cc., and if medically
possible a urine specimen of at least 30 cc. or as much as possible up
to 30 cc., be withdrawn from the body of the decedent in a timely fashion after
the crash causing his death, by such physician as has been designated
in accordance with Section 3-3014, or by the coroner or deputy coroner or
a qualified person designated by such physician, coroner, or deputy coroner. If the county
does not maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Illinois State Police or any other accredited or State-certified laboratory
for analysis of the alcohol, carbon monoxide, and dangerous or
narcotic drug content of such blood and urine specimens. Each specimen
submitted shall be accompanied by pertinent information concerning the
decedent upon a form prescribed by such laboratory. Any
person drawing blood and urine and any person making any examination of
the blood and urine under the terms of this Division shall be immune from all
liability, civil or criminal, that might otherwise be incurred or
imposed. In all other cases coming within the jurisdiction of the coroner and
referred to in subparagraphs (a) through (e) above, blood, and, whenever
possible, urine samples shall be analyzed for the presence of alcohol
and other drugs. When the coroner suspects that drugs may have been
involved in the death, either directly or indirectly, a toxicological
examination shall be performed which may include analyses of blood, urine,
bile, gastric contents, and other tissues. When the coroner suspects
a death is due to toxic substances, other than drugs, the coroner shall
consult with the toxicologist prior to collection of samples. Information
submitted to the toxicologist shall include information as to height,
weight, age, sex, and race of the decedent as well as medical history,
medications used by, and the manner of death of the decedent. When the coroner or medical examiner finds that the cause of death is due to homicidal means, the coroner or medical examiner shall cause blood and buccal specimens (tissue may be submitted if no uncontaminated blood or buccal specimen can be obtained), whenever possible, to be withdrawn from the body of the decedent in a timely fashion. For proper preservation of the specimens, collected blood and buccal specimens shall be dried and tissue specimens shall be frozen if available equipment exists. As soon as possible, but no later than 30 days after the collection of the specimens, the coroner or medical examiner shall release those specimens to the police agency responsible for investigating the death. As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. The results of the analysis and categorizing into genetic marker groupings shall be provided to the Illinois State Police and shall be maintained by the Illinois State Police in the State central repository in the same manner, and subject to the same conditions, as provided in Section 5-4-3 of the Unified Code of Corrections. The requirements of this paragraph are in addition to any other findings, specimens, or information that the coroner or medical examiner is required to provide during the conduct of a criminal investigation.
In all counties, in cases of apparent
suicide, homicide, or accidental death or in other cases, within the
discretion of the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The summons shall
command these persons to present themselves personally at such a place and
time as the coroner shall determine, and may be in any form which the
coroner shall determine and may incorporate any reasonable form of request
for acknowledgment which the coroner deems practical and provides a
reliable proof of service. The summons may be served by first class mail.
From the 8 persons so summoned, the coroner shall select 6 to serve as the
jury for the inquest. Inquests may be continued from time
to time, as the coroner may deem necessary. The 6 jurors selected in
a given case may view the body of the deceased.
If at any continuation of an inquest one or more of the original jurors
shall be unable to continue to serve, the coroner shall fill the vacancy or
vacancies. A juror serving pursuant to this paragraph shall receive
compensation from the county at the same rate as the rate of compensation
that is paid to petit or grand jurors in the county. The coroner shall
furnish to each juror without fee at the time of his discharge a
certificate of the number of days in attendance at an inquest, and, upon
being presented with such certificate, the county treasurer shall pay to
the juror the sum provided for his services. In counties which have a jury commission, in cases of apparent suicide or
homicide or of accidental death, the coroner may conduct an inquest. The jury commission shall provide
at least 8 jurors to the coroner, from whom the coroner shall select any 6
to serve as the jury for the inquest. Inquests may be continued from time
to time as the coroner may deem necessary. The 6 jurors originally chosen
in a given case may view the body of the deceased. If at any continuation
of an inquest one or more of the 6 jurors originally chosen shall be unable
to continue to serve, the coroner shall fill the vacancy or vacancies. At
the coroner's discretion, additional jurors to fill such vacancies shall be
supplied by the jury commission. A juror serving pursuant to this
paragraph in such county shall receive compensation from the county at the
same rate as the rate of compensation that is paid to petit or grand jurors
in the county. In every case in which a fire is determined to be
a
contributing factor in a death, the coroner shall report the death to the
Office of the State Fire Marshal. The coroner shall provide a copy of the death certificate (i) within 30 days after filing the permanent death certificate and (ii) in a manner that is agreed upon by the coroner and the State Fire Marshal. In every case in which a drug overdose is determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health. The Department of Public Health shall adopt rules regarding specific information that must be reported in the event of such a death. If possible, the coroner shall report the cause of the overdose. As used in this Section, "overdose" has the same meaning as it does in Section 414 of the Illinois Controlled Substances Act. The Department of Public Health shall issue a semiannual report to the General Assembly summarizing the reports received. The Department shall also provide on its website a monthly report of overdose death figures organized by location, age, and any other factors the Department deems appropriate. In addition, in every case in which domestic violence is determined to be
a
contributing factor in a death, the coroner shall report the death to the
Illinois State Police. All deaths in State institutions and all deaths of wards of the State or youth in care as defined in Section 4d of the Children and Family Services Act in
private care facilities or in programs funded by the Department of Human
Services under its powers relating to mental health and developmental
disabilities or alcoholism and substance
abuse or funded by the Department of Children and Family Services shall
be reported to the coroner of the county in which the facility is
located. If the coroner has reason to believe that an investigation is
needed to determine whether the death was caused by maltreatment or
negligent care of the ward of the State or youth in care as defined in Section 4d of the Children and Family Services Act, the coroner may conduct a
preliminary investigation of the circumstances of such death as in cases of
death under circumstances set forth in subparagraphs (a) through (e) of this
Section.(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-842) Sec. 3-3013. Preliminary investigations; blood and urine analysis; summoning jury; reports. Every coroner, whenever, as soon as he knows or is informed that the dead body of any person is found, or lying within his county, whose death is suspected of being: (a) A sudden or violent death, whether apparently | ||
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(b) A death due to a sex crime; (c) A death where the circumstances are suspicious, | ||
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(d) A death where addiction to alcohol or to any drug | ||
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(e) A death where the decedent was not attended by a | ||
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shall go to the place where the dead body is and take charge of the same and shall make a preliminary investigation into the circumstances of the death. In the case of death without attendance by a licensed physician, the body may be moved with the coroner's consent from the place of death to a mortuary in the same county. Coroners in their discretion shall notify such physician as is designated in accordance with Section 3-3014 to attempt to ascertain the cause of death, either by autopsy or otherwise. In cases of accidental death involving a motor vehicle in which the decedent was (1) the operator or a suspected operator of a motor vehicle, or (2) a pedestrian 16 years of age or older, the coroner shall require that a blood specimen of at least 30 cc., and if medically possible a urine specimen of at least 30 cc. or as much as possible up to 30 cc., be withdrawn from the body of the decedent in a timely fashion after the crash causing his death, by such physician as has been designated in accordance with Section 3-3014, or by the coroner or deputy coroner or a qualified person designated by such physician, coroner, or deputy coroner. If the county does not maintain laboratory facilities for making such analysis, the blood and urine so drawn shall be sent to the Illinois State Police or any other accredited or State-certified laboratory for analysis of the alcohol, carbon monoxide, and dangerous or narcotic drug content of such blood and urine specimens. Each specimen submitted shall be accompanied by pertinent information concerning the decedent upon a form prescribed by such laboratory. Any person drawing blood and urine and any person making any examination of the blood and urine under the terms of this Division shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed. In all other cases coming within the jurisdiction of the coroner and referred to in subparagraphs (a) through (e) above, blood, and, whenever possible, urine samples shall be analyzed for the presence of alcohol and other drugs. When the coroner suspects that drugs may have been involved in the death, either directly or indirectly, a toxicological examination shall be performed which may include analyses of blood, urine, bile, gastric contents, and other tissues. When the coroner suspects a death is due to toxic substances, other than drugs, the coroner shall consult with the toxicologist prior to collection of samples. Information submitted to the toxicologist shall include information as to height, weight, age, sex, and race of the decedent as well as medical history, medications used by, and the manner of death of the decedent. When the coroner or medical examiner finds that the cause of death is due to homicidal means, the coroner or medical examiner shall cause blood and buccal specimens (tissue may be submitted if no uncontaminated blood or buccal specimen can be obtained), whenever possible, to be withdrawn from the body of the decedent in a timely fashion. For proper preservation of the specimens, collected blood and buccal specimens shall be dried and tissue specimens shall be frozen if available equipment exists. As soon as possible, but no later than 30 days after the collection of the specimens, the coroner or medical examiner shall release those specimens to the police agency responsible for investigating the death. As soon as possible, but no later than 30 days after the receipt from the coroner or medical examiner, the police agency shall submit the specimens using the agency case number to a National DNA Index System (NDIS) participating laboratory within this State, such as the Illinois State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. The results of the analysis and categorizing into genetic marker groupings shall be provided to the Illinois State Police and shall be maintained by the Illinois State Police in the State central repository in the same manner, and subject to the same conditions, as provided in Section 5-4-3 of the Unified Code of Corrections. The requirements of this paragraph are in addition to any other findings, specimens, or information that the coroner or medical examiner is required to provide during the conduct of a criminal investigation. In all counties, in cases of apparent suicide, homicide, or accidental death or in other cases, within the discretion of the coroner, the coroner may summon 8 persons of lawful age from those persons drawn for petit jurors in the county. The summons shall command these persons to present themselves personally at such a place and time as the coroner shall determine, and may be in any form which the coroner shall determine and may incorporate any reasonable form of request for acknowledgment which the coroner deems practical and provides a reliable proof of service. The summons may be served by first class mail. From the 8 persons so summoned, the coroner shall select 6 to serve as the jury for the inquest. Inquests may be continued from time to time, as the coroner may deem necessary. The 6 jurors selected in a given case may view the body of the deceased. If at any continuation of an inquest one or more of the original jurors shall be unable to continue to serve, the coroner shall fill the vacancy or vacancies. A juror serving pursuant to this paragraph shall receive compensation from the county at the same rate as the rate of compensation that is paid to petit or grand jurors in the county. The coroner shall furnish to each juror without fee at the time of his discharge a certificate of the number of days in attendance at an inquest, and, upon being presented with such certificate, the county treasurer shall pay to the juror the sum provided for his services. In counties which have a jury commission, in cases of apparent suicide or homicide or of accidental death, the coroner may conduct an inquest. The jury commission shall provide at least 8 jurors to the coroner, from whom the coroner shall select any 6 to serve as the jury for the inquest. Inquests may be continued from time to time as the coroner may deem necessary. The 6 jurors originally chosen in a given case may view the body of the deceased. If at any continuation of an inquest one or more of the 6 jurors originally chosen shall be unable to continue to serve, the coroner shall fill the vacancy or vacancies. At the coroner's discretion, additional jurors to fill such vacancies shall be supplied by the jury commission. A juror serving pursuant to this paragraph in such county shall receive compensation from the county at the same rate as the rate of compensation that is paid to petit or grand jurors in the county. In every case in which a fire is determined to be a contributing factor in a death, the coroner shall report the death to the Office of the State Fire Marshal. The coroner shall provide a copy of the death certificate (i) within 30 days after filing the permanent death certificate and (ii) in a manner that is agreed upon by the coroner and the State Fire Marshal. In every case in which a drug overdose is officially determined to be the cause or a contributing factor in the death, the coroner or medical examiner shall report the death to the Department of Public Health. The Department of Public Health shall adopt rules regarding specific information that must be reported in the event of such a death, including, at a minimum, the following information, if possible: (i) the cause of the overdose; (ii) whether or not fentanyl was part or all of the consumed substance; (iii) if fentanyl is part of the consumed substance, what other substances were consumed; and (iv) if fentanyl is part of the consumed substance, in what proportion was fentanyl consumed to other substance or substances. The coroner must also communicate whether there was a suspicious level of fentanyl in combination with other controlled substances present to all law enforcement agencies in whose jurisdiction the deceased's body was found in a prompt manner. As used in this paragraph, "overdose" has the same meaning as it does in Section 414 of the Illinois Controlled Substances Act. The Department of Public Health shall issue a semiannual report to the General Assembly summarizing the reports received. The Department shall also provide on its website a monthly report of overdose death figures organized by location, age, and any other factors the Department deems appropriate. In addition, in every case in which domestic violence is determined to be a contributing factor in a death, the coroner shall report the death to the Illinois State Police. All deaths in State institutions and all deaths of wards of the State or youth in care as defined in Section 4d of the Children and Family Services Act in private care facilities or in programs funded by the Department of Human Services under its powers relating to mental health and developmental disabilities or alcoholism and substance abuse or funded by the Department of Children and Family Services shall be reported to the coroner of the county in which the facility is located. If the coroner has reason to believe that an investigation is needed to determine whether the death was caused by maltreatment or negligent care of the ward of the State or youth in care as defined in Section 4d of the Children and Family Services Act, the coroner may conduct a preliminary investigation of the circumstances of such death as in cases of death under circumstances set forth in subparagraphs (a) through (e) of this Section.(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-842, eff. 1-1-25.) |
(55 ILCS 5/3-3014) (from Ch. 34, par. 3-3014)
Sec. 3-3014.
Autopsy to be performed by licensed physician; costs;
reports. Any medical examination or autopsy conducted pursuant to this
Division shall be performed by a physician duly licensed to practice
medicine in all of its branches, and wherever possible by one having
special training in pathology. In Class I counties, medical
examinations or autopsies (including those performed on exhumed bodies)
shall be performed by physicians appointed or designated by the coroner,
and in Class II counties by physicians appointed or designated by the
Director of Public Health upon the recommendation of the advisory board on
necropsy service to coroners after the board has consulted with the elected
coroner. Any autopsy performed by a physician so appointed or designated
shall be deemed lawful. The cost of all autopsies, medical examinations,
laboratory fees, if any, and travel expenses of the examining physician and
the costs of exhuming a body under the authority of subsection (c) of
Section 3-3015 shall be payable from the general fund of the county where
the body is found. The examining physician shall file copies of the reports
or results of his or her autopsies and medical examinations with the
coroner and also with the Department of Public Health.
No coroner may perform any autopsy required or authorized by law
unless the coroner is a pathologist whose services are requested by the
coroner of another county.
(Source: P.A. 86-962; 87-317.)
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(55 ILCS 5/3-3015) (from Ch. 34, par. 3-3015)
Sec. 3-3015.
Circumstances under which autopsy to be performed.
(a) Where a death has occurred and the circumstances concerning
the death are suspicious, obscure, mysterious, or otherwise unexplained
and in the opinion of the examining physician or the coroner the cause of
death cannot be established definitely except by autopsy, and where a death
has occurred while being pursued, apprehended, or taken into custody by or
while in the custody of any law enforcement agency, it is declared that the
public interest requires that an autopsy be performed, and it shall be the
duty and responsibility of the coroner to cause an autopsy to be performed,
including the taking of x-rays and the performance
of other medical tests as the coroner deems appropriate.
(b) The coroner shall instruct involved parties that embalming of the body
is not to be conducted until the toxicology samples are drawn.
If a child dies from suspicious or unexplained
circumstances, the coroner shall secure the services of a pathologist. The
Department of Public Health shall provide coroners and pathologists with a
child death autopsy protocol.
(c) If the coroner determines it advisable to exhume a body for the
purpose of investigation or autopsy or both, and the coroner would have
been authorized under this Section to perform an investigation or autopsy
on the body before it was interred, the coroner may exhume the body after
consulting on the matter with the state's attorney and upon the order of
the circuit court directing the exhumation upon the petition of the state's attorney.
(Source: P.A. 86-962; 87-317; 87-419; 87-895.)
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(55 ILCS 5/3-3016) (from Ch. 34, par. 3-3016)
Sec. 3-3016. Sudden unexpected infant death and sudden infant death syndrome. Where an infant
under one year of age has died suddenly and unexpectedly and the
circumstances concerning the death are unexplained following investigation, an autopsy shall be
performed by a physician licensed to practice medicine in all of its
branches who has special training in pathology. When an autopsy is
conducted under this Section, the parents or guardian of the child shall
receive a preliminary report of the autopsy within 5 days of the infant's
death. All suspected sudden unexpected infant death and sudden infant death syndrome cases shall be reported
to the Statewide Sudden Unexpected Infant Death Program within 72 hours.
Death certificates shall list the cause of death as sudden unexpected infant death or sudden infant death syndrome where this finding is medically justified pursuant to the rules
and regulations of the Department of Public Health. Copies of death
certificates which list the cause of death of infants under one year of age
as sudden unexpected infant death or sudden infant death syndrome shall be forwarded to the Department of
Public Health within 30 days of the death with a report which shall include
an autopsy report, epidemiological data required by the Department and
other pertinent data.
(Source: P.A. 101-338, eff. 1-1-20.)
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(55 ILCS 5/3-3016.5) Sec. 3-3016.5. Sudden, unexpected death in epilepsy (SUDEP). (a) All autopsies conducted in this State shall include an inquiry to determine whether the death was a direct result of a seizure or epilepsy. If the findings in an autopsy of a medical examiner, examining physician, or coroner are consistent with known or suspected sudden, unexpected death in epilepsy (SUDEP), then the medical examiner, examining physician, or coroner shall: (1) cause to be indicated on the death certificate | ||
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(2) forward a copy of the death certificate to the | ||
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(b) For the purposes of this Section, "sudden, unexpected death in epilepsy" refers to a death in a patient previously diagnosed with epilepsy that is not due to trauma, drowning, status epilepticus, or other known causes, but for which there is often evidence of an associated seizure. A finding of sudden, unexpected death in epilepsy is definite when clinical criteria are met and autopsy reveals no alternative cause of death, such as stroke, myocardial infarction, or drug intoxication, although there may be evidence of a seizure.
(Source: P.A. 98-340, eff. 1-1-14; 98-756, eff. 7-16-14.) |
(55 ILCS 5/3-3017) (from Ch. 34, par. 3-3017)
Sec. 3-3017.
Cremation.
In any death where the remains are to
be cremated, it shall be the duty of the funeral director or person having
custody of the dead body to obtain from the coroner a permit to cremate the
body. The coroner's permit to cremate shall be presented to the local
registrar in applying for the Permit for Disposition of Dead Human Body
provided for in Section 21 of the Vital Records Act, and the local
registrar shall attach the coroner's permit to cremate to the Permit for
Disposition of Dead Human Body which is issued. No crematory shall cremate
a dead human body unless a Permit for Disposition of Dead Human Body with
an attached coroner's permit to cremate has been furnished to authorize
the cremation.
(Source: P.A. 86-962; 86-1028; 87-895.)
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(55 ILCS 5/3-3018) (from Ch. 34, par. 3-3018)
Sec. 3-3018.
Death certificates.
Every coroner, as soon as he shall
have completed his investigation of the cause and circumstances of any
death coming within his jurisdiction hereunder, shall issue a death
certificate on the form prescribed by law.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3019) (from Ch. 34, par. 3-3019)
Sec. 3-3019.
Removal of bodies; violation.
No dead body
which may be subject to the terms of this Division, or the
personal property of such a deceased person, shall be handled,
moved, disturbed, embalmed or removed from the place of death by
any person, except with the permission of the coroner, unless the
same shall be necessary to protect such body or property from
damage or destruction, or unless necessary to protect life, safety,
or health. Any person knowingly violating the provisions of this
Section is guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3020) (from Ch. 34, par. 3-3020)
Sec. 3-3020.
Coroner to be notified; violation.
Every law enforcement official, funeral director, ambulance attendant,
hospital director or administrator or person having custody of the body of
a deceased person, where the death is one subject to investigation under
Section 3-3013, and any physician in attendance upon such a
decedent at the time of his death, shall notify the coroner promptly. Any
such person failing to so notify the coroner promptly shall be guilty of a
Class A misdemeanor, unless such person has reasonable cause to believe
that the coroner had already been so notified.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3021) (from Ch. 34, par. 3-3021)
Sec. 3-3021.
Public policy; release of body to next of kin.
As a guide to the interpretation and application of this Division it is
declared that the public policy of the State is as follows:
That as soon as may be consistent with the performance of his duties
under this Division the coroner shall release the body of the
decedent to the decedent's next of kin, personal representative, friends,
or to the person designated in writing by the decedent or to the funeral
director selected by such persons, as the case may be, for burial, and none
of the duties or powers of coroners enumerated in this Division
shall be construed to interfere with or control the right of such persons
to the custody and burial of the decedent upon completion of the coroner's
investigation.
Nothing herein shall be construed to preclude the coroner from
consulting with the decedent's next of kin, personal representative,
friends or the person designated in writing by the decedent where the
decedent was under treatment by prayer or spiritual means alone in
accordance with the tenets and practice of a well recognized church or
religious denomination in making his preliminary investigation under
subsection (E) of Section 3-3013, nor shall anything herein contained be
construed to require an autopsy by reason of the sole fact that the
decedent was under treatment by prayer or spiritual means alone.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3022) (from Ch. 34, par. 3-3022)
Sec. 3-3022.
Bystanders.
If a sufficient number of jurors so
summoned do not attend, the coroner may summon others from among the
bystanders to make up the jury.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3023) (from Ch. 34, par. 3-3023)
Sec. 3-3023.
Penalties against jurors.
Whoever, being so summoned as
a juror, fails or refuses, without good cause, to attend at the time and
place required, or appearing, refuses to act as such juror or misbehaves
while acting as such juror, shall be guilty of a petty offense and be fined
not less than $3 nor more than $20.
Any fine collected under this Section shall be paid over to
the county treasurer and deposited into the general fund of the
county.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/3-3024) (from Ch. 34, par. 3-3024)
Sec. 3-3024.
Oath of jurors.
When the jury are assembled, the
coroner shall appoint one of the number as foreman, and administer to him
an oath or affirmation, in the following form, to-wit:
You, as foreman to this inquest, do solemnly swear (or affirm, as the
case may require), that you will diligently inquire, and true
presentment make, how, and in what manner, and by whom or what, the body
which lies dead, came to its death; and that you will deliver to
me, the coroner of this county, a true inquest thereof, according to
such evidence as shall be given you, and according to the best of your
knowledge and belief; so help you God.
And to the other jurors, one as follows, to-wit:
The same oath which A B, your foreman has just now taken on his part,
you and each of you do solemnly swear (or affirm, as the case may
require), to keep on your respective parts; so help you God.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3025) (from Ch. 34, par. 3-3025)
Sec. 3-3025.
Verdict of jury.
It shall be the duty of the jurors, as
sworn aforesaid, to inquire how, in what manner, and by whom or what, the
said dead body came to its death, and of all other facts of and concerning
the same, together with all material circumstances in anywise related to or
connected with the said death, and make up and sign a verdict, and deliver
the same to the coroner. As part of its verdict, the jury may make
recommendations other than for criminal prosecutions.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3026) (from Ch. 34, par. 3-3026)
Sec. 3-3026.
Summoning witnesses; subpoenas.
The coroner shall
have power to summon, or cause to be summoned, and compel the attendance of
all such witnesses whose testimony may probably be requisite to the proving
of any fact or circumstance relating to the object of such his inquest, and
to administer to such witnesses the proper oath.
If the coroner is unable to secure records or documents he deems necessary
to complete the investigation required by Section 3-3013, or for the
establishing or proving of any fact or circumstance relating to the object
of his inquest, he shall appear before the circuit judge of the county for
which he is coroner and, upon good cause shown, said judge shall issue a
subpoena for the delivery to the coroner of the documents or records requested.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3027) (from Ch. 34, par. 3-3027)
Sec. 3-3027.
Notice of inquest.
The coroner shall make a reasonable
attempt to notify the family of the deceased, and all known eyewitnesses to
the death, of the date an inquest is to be held. Such notice shall be given
at least 7 days before the date of the inquest. Such family members or
eyewitnesses shall, if they request it, be given an opportunity to testify
at the inquest. For purposes of this Section, "family" includes the
parents, children, brothers and sisters of the deceased.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3028) (from Ch. 34, par. 3-3028)
Sec. 3-3028.
Recognizance of witness.
If the evidence of any witness
implicates any person as the unlawful slayer of the person over whom the
inquest is held, the coroner shall recognize such witness in such sum as he
may think proper, to be and appear at the Circuit Court for the county on a
designated day, within 30 days from the date of the recognizance, or as
soon after such designated day as the court is in session, there to give
evidence of the matter in question, and not depart without leave.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3029) (from Ch. 34, par. 3-3029)
Sec. 3-3029.
Commitment of witness; returns.
If any witness shall
refuse to enter into such recognizance, it shall be the duty of the coroner
to commit the witness so refusing to the common jail of the county, there
to remain until discharged according to law; and the coroner shall
carefully seal up and return to the clerk of the court the verdict of the
jury, and the recognizances, and it shall be the duty of the clerk to
carefully file and preserve the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3030) (from Ch. 34, par. 3-3030)
Sec. 3-3030.
Representation of witnesses by counsel.
Any witness
appearing at the inquest shall have the right to be represented by counsel.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3031) (from Ch. 34, par. 3-3031)
Sec. 3-3031.
Testimony reduced to writing; coroner's verdict not
admissible in civil suit. The coroner shall cause the testimony of
each witness who may be sworn and examined at any inquest to be written out
and signed by said witness, together with his occupation and place of
residence, which testimony shall be filed with said coroner in his office
and carefully preserved: Provided, the coroner may cause the testimony of
such witnesses to be recorded or taken in shorthand minutes and transcribed
by a competent person, who shall certify that the transcript of the
evidence so taken and transcribed by him from notes or a recording is a
true and correct copy of the original minutes taken at said inquest and is
a true and correct statement of the testimony of each of the several
witnesses who have testified at said inquest. Which said transcript shall
be filed and carefully preserved in the office of the coroner: And,
provided, further, that whenever the testimony of the several witnesses at
such inquest shall have been recorded or taken in shorthand minutes and
transcribed as above provided for, the several witnesses shall not be
required to sign such transcript or other statement of his testimony.
Provided, further, that in any suit or proceeding hereafter commenced for
the recovery of damages arising from or growing out of injuries caused by
the negligence of any person, firm or corporation resulting in the death of
any person or for the collection of a policy of insurance, neither the
coroner's verdict returned upon the inquisition as provided herein, nor a
copy thereof, shall be admissible as evidence to prove or establish any of
the facts in controversy in said civil suit or proceeding.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3032) (from Ch. 34, par. 3-3032)
Sec. 3-3032.
Inquest record.
Every coroner shall, at the expense of
the county, be supplied with proper record books wherein he shall enter the
name, if known, of each person upon whose body an inquest shall be held,
together with the names of the jurors comprising the jury, the names,
residences and occupations of the witnesses who are sworn and examined, and
the verdict of the jury; in case the name of the person deceased is not
known, the coroner shall make out a description of said person, and enter
the same upon the record book to be so kept by him, together with all such
facts and circumstances attending the death which may be known, and which
may lead to the identification of the person; and shall carefully take an
inventory of said person's personal effects and property of every kind and
nature whatever, and state on his records what has been done with the same,
and where the proceeds of any such property and the money and papers, if
any, are deposited.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3033) (from Ch. 34, par. 3-3033)
Sec. 3-3033.
Disposition of property.
When any valuable personal
property, money or papers, are found upon or near the body which is the
subject of a coroner's investigation, inquiry or inquest, the coroner shall
take charge of the same and deliver the same to those entitled to its care
or possession; but if not claimed, or if the same shall be necessary to
defray the expenses of the burial, the coroner shall, after giving 10 days'
notice of the time and place of sale, sell such property, and after
deducting coroner's fees and funeral expenses, deposit the proceeds
thereof, and the money and papers so found, with the county treasurer,
taking his receipt therefor, there to remain subject to the order of the
legal representatives of the deceased, if claimed within 5 years
thereafter, or if not claimed within that time, to vest in the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
Sec. 3-3034. Disposition of body. After the inquest the coroner
may deliver the body or human remains of the deceased to the family of the deceased or, if there are no family members to accept the body or the remains, then to friends of the deceased, if there be any, but
if not, the coroner shall cause the body or the remains to be decently buried, cremated, or donated for medical science purposes, the expenses to be paid
from the property of the deceased, if there is sufficient, if not, by the
county. The coroner may not approve the cremation or donation of the body if it is necessary to preserve the body for law enforcement purposes. If the State Treasurer, pursuant to the Revised Uniform Unclaimed Property Act, delivers human remains to the coroner, the coroner shall cause the human remains to be disposed of as provided in this Section.
If the police department of any municipality or county investigates abandoned cremated remains, determines that they are human remains, and cannot locate the owner of the remains, then the police shall deliver the remains to the coroner, and the coroner shall cause the remains to be disposed of as provided in this Section.
(Source: P.A. 100-22, eff. 1-1-18.)
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(55 ILCS 5/3-3035) (from Ch. 34, par. 3-3035)
Sec. 3-3035.
Liability of common carrier for burial expenses.
When
any railroad, common carrier, airline or any steamboat, barge, propeller or
other vessel engaged in whole or in part in carrying
passengers for hire, brings the dead body of any person into this State;
or, wherever any person dies upon any railroad car, airplane or any such
steamboat, barge, propeller or other vessel in this State, or any person is
killed by cars or machinery of any railroad company, or by accident
thereto, or by accident to or upon any such airplane, steamboat, barge,
propeller or other vessel, or by accident thereto, or when the death occurs
in or about any mine, mill or manufactory, and such death shall have been
caused by the wrongful act, neglect or default of any such railroad
company, common carrier, airline, steamboat, barge, propeller or other
vessel owner, or of the owner of any mine, mill or manufactory, the company
or person owning or operating such railroad cars, common carrier, airline,
machinery, barge, steamboat, propeller or other vessel, mine, mill or
manufactory, shall be liable to pay the expenses of the coroner's inquest
upon and for the burial of the deceased, and the same may be recovered in
the name of the county, in any circuit court.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3036) (from Ch. 34, par. 3-3036)
Sec. 3-3036.
Arrest of slayer based on verdict.
If a person
implicated by the inquest as the unlawful slayer of the deceased or an
accessory thereto is not in custody therefor, the coroner acting upon the
signed verdict of his jury shall, in his capacity as conservator of the
peace, apprehend such person and immediately bring him before a judge of
the circuit court of his county to be dealt with according to law on a
criminal charge preferred on the basis of such verdict.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3037) (from Ch. 34, par. 3-3037)
Sec. 3-3037.
Embalming dead body.
No licensed embalmer or person
shall embalm the dead body of any person with, or inject therein, or place
thereon any fluid or preparation of any kind before obtaining permission
from the coroner where such body is the subject of a coroner's inquest. Any
person who shall violate the provision of this Section commits a business
offense and shall be fined not exceeding $5,000.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3038) (from Ch. 34, par. 3-3038)
Sec. 3-3038.
Coroner in military service.
In case any coroner
is called into the active military service of the United States, the office
of coroner shall not be deemed to be vacant during the time such coroner is
in the active military service of the United States, but the presiding
officer of the county board of the county, with the advice and consent of
the county board, shall appoint some competent and qualified person to
perform and discharge the duties of coroner in such county during the time
such coroner is in the active military service of the United States, and
such person shall receive the same compensation as provided by law for the
coroner, apportioned as to the time of service, and such appointment and
all authority thereunder shall cease upon the discharge of such coroner
from the active military service of the United States. Such appointee shall
give a bond as required of regularly elected coroners.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3039) (from Ch. 34, par. 3-3039)
Sec. 3-3039.
Vacancy.
Whenever a vacancy occurs in the office of
coroner, that vacancy shall be filled as provided in The Election Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3040) (from Ch. 34, par. 3-3040)
Sec. 3-3040.
Appointment of deputies.
Each coroner may appoint
one or more deputies as the coroner, in his or her sole discretion,
determines necessary and appropriate, subject to county board appropriations.
The appointment shall be in writing and
signed by the coroner. A deputy's compensation shall be
determined by
the county board.
(Source: P.A. 88-281.)
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(55 ILCS 5/3-3041) (from Ch. 34, par. 3-3041)
Sec. 3-3041.
Oath of deputies.
Each deputy shall, before entering
upon the duties of his office take and subscribe an oath or affirmation, in
like form as required of coroners, which shall be filed in the office of
the county clerk.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-3042) (from Ch. 34, par. 3-3042)
Sec. 3-3042.
Duties of deputies.
Deputy coroners, duly
appointed and qualified, may perform any and all of the duties of the
coroner
in the name of the coroner, and the acts of such deputies shall be held to
be acts of the coroner.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/3-3043) (from Ch. 34, par. 3-3043)
Sec. 3-3043.
Vacancy; appointed coroner.
When a permanent vacancy in
the office of coroner occurs and the position is an appointed one, the
county board shall fill the vacancy within 60 days from the time the
vacancy occurs. If the sheriff of the county is selected to perform the
duties of the coroner and the sheriff agrees to serve in that capacity, the
sheriff may be compensated for those duties. This compensation shall be in
addition to all other compensation received as sheriff. Any sheriff who is
serving as coroner before the effective date of this amendatory Act of 1991
must be reappointed in order to continue to serve as coroner and to receive
additional compensation under this Section.
(Source: P.A. 87-738.)
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(55 ILCS 5/3-3044) (from Ch. 34, par. 3-3044)
Sec. 3-3044.
Abolition of office; performance of duties by another.
If the office of coroner has been abolished in a county by referendum and
the referendum did not provide for the performance, by another person, of
the duties previously performed by the coroner, the county board shall
select a person to perform the duties previously performed by the coroner.
The selection shall be made within 60 days after the referendum or within
60 days after the effective date of this amendatory Act of 1992, whichever is
later. If the sheriff of the county is selected to perform the duties
previously performed by the coroner and the sheriff agrees to perform those
duties, the sheriff may be compensated for performing those duties. This
compensation shall be in addition to all other compensation received in his or
her capacity as sheriff. If, before the effective date of this amendatory Act
of 1992, a county has abolished the office of coroner by a referendum that did
not provide for someone to perform the duties previously performed by the
coroner, and the sheriff of the county is performing those duties, the sheriff
must be reappointed by the county board under this Section in order to continue
to perform those duties and to receive the additional compensation authorized
under this Section.
(Source: P.A. 87-1141.)
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(55 ILCS 5/3-3045) Sec. 3-3045. Disposal of medications. A coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating under Section 18 of the Safe Pharmaceutical Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17.) |
(55 ILCS 5/Div. 3-4 heading) Division 3-4.
Public Defender and Appointed Counsel
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(55 ILCS 5/3-4000) (from Ch. 34, par. 3-4000)
Sec. 3-4000.
Legislative declaration.
The General Assembly recognizes
that quality legal representation in criminal and related proceedings is a
fundamental right of the people of the State of Illinois and that there
should be no distinction in the availability of quality legal
representation based upon a person's inability to pay. Therefore, it is the
intent of the General Assembly to provide for effective county public
defender systems throughout the State and encourage the active and
substantial participation of the private bar in the representation of
indigent defendants.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4000.1) (from Ch. 34, par. 3-4000.1)
Sec. 3-4000.1.
Definitions.
In this Division, except when a particular
context clearly requires a different meaning, the following definitions apply:
"Board" means the county board of commissioners.
"President" means the president of the county board.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4001) (from Ch. 34, par. 3-4001)
Sec. 3-4001.
Public defender in counties over 35,000.
In each
county of this State containing 35,000 or more inhabitants
there is created the office of Public Defender and the person to be
appointed to such office shall be known as the Public Defender. No person
shall be eligible to or hold such office unless he is duly licensed as an
attorney and counsellor-at-law in this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4002) (from Ch. 34, par. 3-4002)
Sec. 3-4002.
Public defender in counties of less than 35,000.
In each county of this State containing less than 35,000
inhabitants, the county board may, by resolution, create the office of
Public Defender and the person appointed to such office shall be known as
the Public Defender. No person shall be eligible to or hold such office
unless he or she is duly licensed as an attorney at law in this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4003) (from Ch. 34, par. 3-4003)
Sec. 3-4003.
Public defender in adjoining counties.
Any 2 or
more adjoining counties of this State that are within
the same judicial circuit, may by joint resolution of the several county
boards involved, create a common office of Public Defender for the counties
so joined. The person appointed to such office shall be known as the Public
Defender. No person shall be eligible to or hold such office unless he or
she is duly licensed as an attorney at law in this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4004) (from Ch. 34, par. 3-4004)
Sec. 3-4004.
Appointment of Public Defender in counties under 1,000,000.
As soon as may be after this Division becomes applicable to a county with
a population under 1,000,000, the judges of the Circuit Court of the
circuit in which the county is located shall, by a majority
vote of the entire number of those judges, appoint to the
office of Public Defender a properly qualified person, who shall hold
office, his death or resignation not intervening, at the pleasure of the
judges competent to appoint. Whenever a vacancy occurs in the
office it shall be filled in the same manner, and the
person appointed to fill the vacancy shall have the same tenure of office.
(Source: P.A. 86-962; 87-111.)
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(55 ILCS 5/3-4004.1) (from Ch. 34, par. 3-4004.1)
Sec. 3-4004.1.
Appointment of Public Defender in counties over 1,000,000.
Whenever a vacancy shall occur in the position of Public Defender
in counties over 1,000,000, a properly qualified person shall be appointed
to the position by the President with the advice and consent of the Board.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4004.2) (from Ch. 34, par. 3-4004.2)
Sec. 3-4004.2.
Qualifications of Public Defender and terms of
employment in counties over 1,000,000. In counties with a population over
1,000,000, the following qualifications and terms of employment shall apply:
(a) The president shall select as Public
Defender only a person with the following qualifications: an attorney whose
practice of law has clearly demonstrated experience in the representation
of persons accused of crime; who has been licensed to practice law in this
State or in another state for at least 5 years; who has had administrative
experience; and who is dedicated to the goals of providing high quality
representation for eligible persons and to improving the quality of defense
services generally.
(b) The Public Defender shall devote full time to the duties of the
public defender system and shall not otherwise engage in the practice of law.
(c) The Public Defender once approved by the Board shall serve for 6
years and may be removed by the President only for good cause or
dereliction of duty after notice and a hearing before the Board. The
effective date of this amendatory Act of 1991 shall be deemed the
commencement of the term of the current public defender.
(d) The Public Defender's compensation shall be set at a level that is
commensurate with his qualifications and experience and professionally
appropriate with the responsibility of the position.
The Public Defender's compensation shall be
comparable with that paid to circuit court judges, but in no event
shall be more than that of the State's Attorney of the county.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4005) (from Ch. 34, par. 3-4005)
Sec. 3-4005.
Oath of office.
The person appointed as Public
Defender, before entering on the duties of his office, shall take and
subscribe an oath of office in writing before one of the judges competent
to appoint, which oath shall be filed in the office of the County Clerk.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4006) (from Ch. 34, par. 3-4006)
Sec. 3-4006. Duties of public defender. The Public Defender, as
directed by the court, shall act as attorney, without fee, before any court
within any county for all persons who are held in custody or who are
charged with the commission of any criminal offense, and who the court
finds are unable to employ counsel.
The Public Defender shall be the attorney, without fee, when so appointed
by the court under Section 1-5 of
the Juvenile Court Act of 1987.
In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county with a full-time public defender office, a public defender, without fee or appointment, may represent and have access to a minor during a custodial interrogation. In cases subject to Section 5-170 of the Juvenile Court Act of 1987 involving a minor who was under 15 years of age at the time of the commission of the offense, that occurs in a county without a full-time public defender, the law enforcement agency conducting the custodial interrogation shall ensure that the minor is able to consult with an attorney who is under contract with the county to provide public defender services. Representation by the public defender shall terminate at the first court appearance if the court determines that the minor is not indigent. Every court shall, with the consent of the defendant and where the court
finds that the rights of the defendant would be prejudiced by the
appointment of the public defender, appoint counsel other than the public
defender, except as otherwise provided in Section 113-3 of the
"Code of Criminal Procedure of 1963". That counsel shall be compensated
as is provided by law. He shall also, in the case of the conviction of
any such person, prosecute any proceeding in review which in his
judgment the interests of justice require.
In counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county. (Source: P.A. 102-410, eff. 1-1-22; 102-1117, eff. 1-13-23.)
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(55 ILCS 5/3-4006.1)
Sec. 3-4006.1. (Repealed).
(Source: P.A. 91-589, eff. 1-1-00. Repealed by P.A. 101-275, eff. 8-9-19.)
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(55 ILCS 5/3-4007) (from Ch. 34, par. 3-4007)
Sec. 3-4007. Compensation.
(a) The public defender
shall be paid out of the county treasury, and, subject to appropriation, shall be paid by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund as provided
in subsection (b), as the
sole compensation for his or her services a salary in an
amount
fixed by the County Board. When a Public Defender in a county of 30,000 or
more population
is receiving not less than 90% of the compensation of the State's Attorney
of such county, that Public Defender shall not engage in the private
practice of law.
(b) The State must pay 66 2/3% of the public defender's annual
salary. If the public defender is employed full-time in that capacity, his or
her salary must be at least 90% of that county's State's attorney's annual
compensation. Subject to appropriation, these amounts furnished by the State shall be payable monthly
by
the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each Public Defender is employed.
(c) In cases where 2 or more adjoining counties have joined
to form a common office of Public Defender, the salary of the Public
Defender shall be set and paid as provided by a joint resolution of the
various county boards involved.
(Source: P.A. 97-72, eff. 7-1-11.)
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(55 ILCS 5/3-4008) (from Ch. 34, par. 3-4008)
Sec. 3-4008.
Assistants in counties under 1,000,000.
The Public
Defender in counties with a population under 1,000,000 shall have
power to appoint, in the manner directed by the
judges mentioned in Section 3-4004 the
number of assistants, all duly licensed practitioners, that those judges
deem necessary for the proper discharge of the
duties of the office, who shall serve at the pleasure of the Public
Defender. He shall also, in like manner, appoint the number of
clerks and other employees
necessary for the due transaction of the business of the office. The
compensation of the assistants, clerks and employees shall be
fixed by the County Board and paid out of the county treasury.
(Source: P.A. 86-962; 87-111.)
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(55 ILCS 5/3-4008.1) (from Ch. 34, par. 3-4008.1)
Sec. 3-4008.1.
Assistants in counties over 1,000,000.
The Public
Defender in counties with a population over 1,000,000 shall
appoint assistants, all duly licensed practitioners, as
that Public Defender shall deem necessary for the proper discharge of the
duties of the office,
who shall serve at the pleasure of the Public Defender. The Public Defender shall also, in
like manner, appoint clerks and other employees necessary for
the transaction of the business of the office. The compensation of and the
appropriate number of assistants, clerks, and employees shall be fixed by
the County Board and
paid out of the county treasury.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4009) (from Ch. 34, par. 3-4009)
Sec. 3-4009.
Office quarters; expenses.
The County
Board shall provide suitable office quarters for the use
of the Public Defender, and shall pay out of the county treasury for
necessary office, travel and other expenses incurred in the defense of
cases. In counties of less than 500,000 population, such payment shall be
made after the circuit court of the county approves
such expenses as being necessary and proper. In cases where 2 or more
adjoining counties have joined to form a common office of Public Defender,
the expenses incurred under this Section shall be paid as provided for in a
joint resolution of the various county boards involved.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-4010) (from Ch. 34, par. 3-4010)
Sec. 3-4010. Records; reports in counties under 1,000,000. The
Public Defender in counties with a population under 1,000,000 shall keep a
record of the services rendered by him or her and prepare and file quarterly or monthly, as determined by the County Board, with
the County Board a written report of such services transmitting a copy of
such report to the clerk of the Circuit Court for the judges thereof. In
cases where 2 or more adjoining counties have joined to form a common
office of Public Defender, the Public Defender so appointed shall file his or her quarterly or
monthly report with each of the several county boards involved.
(Source: P.A. 99-774, eff. 8-12-16.)
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(55 ILCS 5/3-4010.1) (from Ch. 34, par. 3-4010.1)
Sec. 3-4010.1.
Records; reports in counties over 1,000,000.
The
public defender in counties with a population over 1,000,000 shall keep a
record of the services rendered by him and
prepare and file quarterly with the president a written report of those services.
(Source: P.A. 87-111.)
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(55 ILCS 5/3-4011) (from Ch. 34, par. 3-4011)
Sec. 3-4011. Expenses and legal services for indigent defendants
in felony cases. It shall be the duty of the county board in counties
containing fewer than 500,000 inhabitants to appropriate a sufficient sum
for the purpose of paying for the legal services necessarily rendered for
the defense of indigent persons in felony cases, which is to be paid upon the orders of a court of
competent jurisdiction. It shall likewise be the duty of the county board
in counties containing fewer than 500,000 inhabitants to appropriate a
sufficient sum for the payment of out of pocket expenses necessarily
incurred by appointed counsel in the prosecution of an appeal on behalf of
an indigent incarcerated defendant in felony cases. In such cases payment
shall be made upon the order of the reviewing court.
(Source: P.A. 103-51, eff. 1-1-24.)
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(55 ILCS 5/3-4012) Sec. 3-4012. (Repealed).
(Source: P.A. 97-673, eff. 6-1-12. Repealed by P.A. 100-987, eff. 7-1-19.) |
(55 ILCS 5/3-4013) (Section scheduled to be repealed on December 31, 2024) Sec. 3-4013. Public Defender Quality Defense Task Force. (a) The Public Defender Quality Defense Task Force is established to: (i) examine the current caseload and determine the optimal caseload for public defenders in the State; (ii) examine the quality of legal services being offered to defendants by public defenders of the State; (iii) make recommendations to improve the caseload of public defenders and quality of legal services offered by public defenders; and (iv) provide recommendations to the General Assembly and Governor on legislation to provide for an effective public defender system throughout the State and encourage the active and substantial participation of the private bar in the representation of accused people. (b) The following members shall be appointed to the Task Force by the Governor no later than 30 days after the effective date of this amendatory Act of the 102nd General Assembly: (1) 2 assistant public defenders from the Office of | ||
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(2) 5 public defenders or assistant public defenders | ||
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(3) One Cook County circuit judge experienced in the | ||
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(4) One circuit judge from outside of Cook County | ||
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(5) One representative from the Office of the State | ||
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Task Force members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs in the Task Force membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the Task Force. (c) The Task Force shall hold a minimum of 2 public hearings. At the public hearings, the Task Force shall take testimony of public defenders, former criminal defendants represented by public defenders, and any other person the Task Force believes would aid the Task Force's examination and recommendations under subsection (a). The Task may meet as such other times as it deems appropriate. (d) The Office of the State Appellate Defender shall provide administrative and other support to the Task Force. (e) The Task Force shall prepare a report that summarizes its work and makes recommendations resulting from its study. The Task Force shall submit the report of its findings and recommendations to the Governor and the General Assembly no later than December 31, 2023. (f) This Section is repealed on December 31, 2024.
(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.) |
(55 ILCS 5/3-4014) Sec. 3-4014. Public Defender Fund. (a) (Blank). (b) The Public Defender Fund is created as a special fund in the State treasury. All money in the Public Defender Fund shall be used, subject to appropriation, by the Illinois Supreme Court to provide funding to counties with a population of 3,000,000 or less for public defenders and public defender services pursuant to this Section 3-4014.
(Source: P.A. 102-1104, eff. 12-6-22; 103-8, eff. 7-1-23.) |
(55 ILCS 5/Div. 3-5 heading) Division 3-5.
Recorder
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(55 ILCS 5/3-5001) (from Ch. 34, par. 3-5001)
Sec. 3-5001. County clerk as recorder; election of recorder. The county clerk in counties having a population of less than
60,000 inhabitants shall be the recorder in the clerk's county.
In counties having a population of 60,000 or more inhabitants, there
shall be elected a recorder, as provided by law, who shall hold
office until a successor is qualified.
If the population of any county in which a recorder has been elected
decreases to less than 60,000, the voters of that county shall continue to
elect a recorder if the county board adopts a resolution to continue the
office of an elected recorder.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5002) (from Ch. 34, par. 3-5002)
Sec. 3-5002. Bond. Every recorder, whether elected as such or
holding the office of recorder in addition to the office of county clerk as
hereinbefore provided, shall, before entering upon the duties of the
office, give bonds (or, if the county is self-insured, the county through its
self-insurance program may provide bonding), with sufficient security to be
approved by the circuit court, payable to the People of the State of Illinois,
in the penal sum of $10,000 (except that in counties having a population of
60,000 or more inhabitants the penalty of the bond shall be $20,000),
conditioned for the faithful discharge of the recorder's duties, and to deliver up
all papers, books, records and other things appertaining to the office,
whole, safe and undefaced, when lawfully required so to do - which bond shall
be filed in the office of the Secretary of State, and a copy thereof filed of
record in the court.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5003) (from Ch. 34, par. 3-5003)
Sec. 3-5003. Oath. Each recorder, before entering upon the duties of
the office, shall take and subscribe to the oath or affirmation prescribed
by Section 3, Article XIII of the Constitution, which shall be filed with
the county clerk.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5004) (from Ch. 34, par. 3-5004)
Sec. 3-5004. Commencement of duties. The recorder shall enter upon
the duties of the office on the first day in the month of December
following the recorder's election on which the office of the recorder is required, by
statute or by action of the county board, to be open. The recorder shall be
commissioned by the Governor.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5005) (from Ch. 34, par. 3-5005)
Sec. 3-5005. Functions, powers and duties of recorder. The functions
and powers of the recorders shall be uniform in the various counties of
this State. The recorder has those functions, powers, and duties as provided
in this Division.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5005.1) (from Ch. 34, par. 3-5005.1)
Sec. 3-5005.1. Appointment of deputies, assistants and personnel. The recorder shall appoint deputies, assistants, and personnel to assist
the recorder in the performance of the recorder's duties.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5005.2) (from Ch. 34, par. 3-5005.2)
Sec. 3-5005.2. Internal operations of office. The recorder
shall have the right to control the internal
operations of the office; to procure necessary equipment, materials and
services to perform the duties of the office. The recorder shall have the
right to select the computer or micrographic system to be used for document
storage and retrieval. The recorder may retain the services of management
or consulting firms to establish or maintain such a system.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5005.3) (from Ch. 34, par. 3-5005.3) Sec. 3-5005.3. Monthly report of financial status. The recorder shall file a monthly report with the county clerk summarizing the financial status of the office in such form as shall be determined by the county board.(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5005.4) (from Ch. 34, par. 3-5005.4) Sec. 3-5005.4. Deposit of fee income; special funds. The recorder shall deposit in the office of the county treasurer monthly by the 10th day of the month following, all fee income. The recorder may maintain the following special funds from which the county board shall authorize payment by voucher between board meetings: (a) Overpayments. (b) Reasonable amount needed during the succeeding | ||
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(c) Excess earnings from the sale of revenue stamps | ||
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(d) Fund to pay necessary travel, dues and other | ||
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(e) Trust funds and for such other purposes as may be | ||
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(f) Such other funds as may be authorized by the | ||
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(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5005.5) (from Ch. 34, par. 3-5005.5)
Sec. 3-5005.5.
Compensation of deputies and employees.
Compensation of deputies and employees shall be fixed by the recorder
subject to budgetary limitations established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5006) (from Ch. 34, par. 3-5006)
Sec. 3-5006. Appointment of deputies in writing. Appointments of deputies shall be in writing, and entered upon the
records of the office.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5007) (from Ch. 34, par. 3-5007) Sec. 3-5007. Oath of deputies. Each deputy shall, before entering upon the deputy's duties, take and subscribe an oath or affirmation, in like form as is required of the recorder, which shall be filed in the office of the recorder.(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5008) (from Ch. 34, par. 3-5008)
Sec. 3-5008. Powers of deputies. Deputy recorders duly appointed
and qualified may perform any and all duties of the recorder in the name of
the recorder, and the acts of such deputies shall be held to be the acts of
the recorder, and in case of the death of the recorder or the recorder's deposition
from office, the chief deputy shall thereupon become the acting recorder
until such vacancy shall be filled according to the Election Code, and the chief deputy
shall file a like bond and be vested with the same powers and subject to
the same responsibilities and entitled to the same compensation as in case
of recorder. Provided, that if the recorder is called into the active
military service of the United States, the office shall not be deemed to be
vacant during the time the recorder is in the active military service of the United
States, but during the time the recorder is in such active military service of the
United States the chief deputy recorder shall be the recorder, and shall perform
and discharge all of the duties of the recorder in such county, and shall
be paid the same compensation as provided by law for the recorder of the
county unless compensated at a higher rate than the recorder as chief deputy, apportioned as to the time of service, and the chief deputy recorder
shall cease to be the recorder upon the discharge of said recorder from the
active military service of the United States; and provided further, that
the chief deputy recorder, upon becoming the temporary recorder during the
absence of the recorder in the active military service of the United
States, shall give bond as required of a regularly elected recorder.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5009) (from Ch. 34, par. 3-5009)
Sec. 3-5009. Recorder liable for deputies. The recorder shall be
liable for any neglect or omission of the duties of the office, when
occasioned by a deputy, in the same manner as for the recorder's own personal neglect
or omission.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5010) (from Ch. 34, par. 3-5010) (Text of Section before amendment by P.A. 103-884) Sec. 3-5010. Duties of recorder. Every recorder shall, as soon
as practicable after the receipt of any instrument in writing in the
office, entitled to be recorded, record the same at length in the order of
time of its reception, in well bound books or computer databases to be provided for that purpose.
In counties of 500,000 or more inhabitants, the recorder may
microphotograph or otherwise reproduce on film any of such instruments in
the manner provided by law. In counties of less than 500,000 inhabitants,
the recorder may cause to be microphotographed or otherwise reproduced on
film any of such instruments or electronic method of storage. When any such instrument is reproduced on film or electronic method of storage, the film or electronic method of storage shall
comply with the minimum standards of quality approved for records of the State Records Commission and the device used to
reproduce the records on the film or electronic method of storage shall be one which accurately reproduces
the contents of the original.(Source: P.A. 103-400, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-884) Sec. 3-5010. Duties of recorder. Every recorder shall, as soon as practicable after the receipt of any instrument in writing in the office, entitled to be recorded, record the same at length in the order of time of its reception, in well bound books or computer databases to be provided for that purpose. In counties of 500,000 or more inhabitants, the recorder may microphotograph or otherwise reproduce on film or store electronically any of such instruments in the manner provided by law. In counties of less than 500,000 inhabitants, the recorder may cause to be microphotographed or otherwise reproduced on film any of such instruments or electronic method of storage. When any such instrument is reproduced on film or electronic method of storage, the film or electronic method of storage shall comply with the minimum standards of quality approved for records of the State Records Commission and the device used to reproduce the records on the film or electronic method of storage shall be one which accurately reproduces the contents of the original.(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.) |
(55 ILCS 5/3-5010.5) Sec. 3-5010.5. Fraud referral and review. (a) Legislative findings. The General Assembly finds that property fraud, including fraudulent filings intended to cloud or fraudulently transfer title to property by recording false or altered documents and deeds, is a rapidly growing problem throughout the State. In order to combat the increase in the number of these filings, a recorder may establish a process to review and refer documents suspected to be fraudulent. (b) Definitions. The terms "recording" and "filing" are used interchangeably in this Section. (c) Establishment and use of a fraud referral and review process. A recorder who establishes a fraud referral and review process under the provisions of this Section may use it to review deeds and instruments and refer any of them to an administrative law judge for review pursuant to subsection (g) of this Section that cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. The recorder may enter into an intergovernmental agreement with local law enforcement officials for the purposes of this referral and review. A recorder may request that the Secretary of the Department of Financial and Professional Regulation assist in reviewing possible fraudulent filings. Upon request, the Secretary, or the Secretary's designee, shall assist in identifying the validity of filings. The recorder shall notify the Secretary when a document suspected to be fraudulent is discovered. In counties with a population of less than 3 million, a recorder shall provide public notice 90 days before the establishment of the fraud referral and review process. The notice shall include a statement of the recorder's intent to create a fraud referral and review process and shall be published in a newspaper of general circulation in the county and, if feasible, posted on the recorder's website and at the recorder's office or offices. In determining whether to refer a document to an administrative law judge for review, a recorder may take into consideration any of the following factors: (1) whether the owner of the property or owner's | ||
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(2) whether a law enforcement official has contacted | ||
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(3) whether the filer's name has a copyright | ||
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(4) whether the documents assert fines that do not | ||
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(5) whether the documents are maritime liens, or | ||
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(6) whether the documents are land patents not | ||
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(7) whether the documents are representing that the | ||
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(8) whether the documents are protesting or | ||
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(9) whether the documents are Uniform Commercial Code | ||
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(10) whether the documents are re-recording deeds to | ||
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(11) whether the documents are asserting diplomatic | ||
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(12) whether the documents are claims that a bank | ||
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(13) whether the documents are deeds not properly | ||
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(14) whether the documents are manipulated or | ||
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(15) whether a document is not related to a valid | ||
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(16) a document that is not related to a valid | ||
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(17) whether the document is filed with the intent to | ||
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(18) whether the document is filed with the intent to | ||
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(19) whether the documents are previous court | ||
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(d) Determinations. If a recorder determines, after review by legal staff and counsel, that a deed or instrument that is recorded in the grantor's index or the grantee's index may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property, the recorder shall refer the deed or instrument to an administrative law judge for review pursuant to subsection (g) of this Section. The recorder shall record a Notice of Referral in the grantor's index or the grantee's index identifying the document, corresponding document number in question, and the date of referral. The recorder shall also notify the parties set forth in subsection (e) of this Section. The recorder may, at the recorder's discretion, notify law enforcement officials regarding a filing determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. (e) Notice. The recorder shall use county property tax records to identify and provide notice to the last owner of record by telephone, if available, and certified mail both when: (1) a deed or instrument has been referred for review and determination; and (2) a final determination has been made regarding the deed or instrument. Notice, by mail, shall also be sent to the physical address of the property associated with the deed or instrument. (f) Administrative decision. The recorder's decision to add a Notice of Referral and refer a document for review is a final administrative decision that is subject to review by the circuit court of the county where the real property is located under the Administrative Review Law. The standard of review by the circuit court shall be de novo. (g) Referral and review process. Prior to referral, the recorder shall notify the last owner of record of the document or documents suspected to be fraudulent. The person, entity, or legal representative thereof shall confirm in writing the person's, entity's, or legal representative's belief that a document or documents are suspected to be fraudulent and may request that the recorder refer the case for review. Upon request, the recorder shall bring a case to its county department of administrative hearings and, within 10 business days after receipt, an administrative law judge shall schedule a hearing to occur no later than 30 days after receiving the referral. The referral and case shall clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Notice of the hearing shall be provided by the administrative law judge to the filer, or the party represented by the filer, of the suspected fraudulent document, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the referral. If clear and convincing evidence shows the document in question to be fraudulent, the administrative law judge shall rule the document to be fraudulent and forward the judgment to all the parties identified in this subsection. Upon receiving notice of the judgment of fraud, the recorder shall, within 5 business days, record a new document that includes a copy of the judgment in front of the Notice of Referral that shall clearly state that the document in question has been found to be fraudulent and shall not be considered to affect the chain of title of the property in any way. If the administrative law judge finds the document to be legitimate, the recorder shall, within 5 business days after receiving notice, record a copy of the judgment. A decision by an administrative law judge shall not preclude a State's attorney or sheriff from proceeding with a criminal investigation or criminal charges. If a county does not have an administrative law judge that specializes in public records, one shall be appointed within 3 months after the effective date of this amendatory Act of the 98th General Assembly, or the original case shall be forwarded to the proper circuit court with jurisdiction. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Nothing in this Section requires a person or entity who may have had a fraudulent document or encumbrance filed against the person's or entity's property to use the fraud review and referral process or administrative review created by this Section. (h) Fees. The recorder shall retain any filing fees associated with filing a deed or instrument that is determined to be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property under this Section. (i) Liability. Neither a recorder nor any of the recorder's employees or agents shall be subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in case of willful or wanton conduct. Neither the recorder nor any of the recorder's employees shall incur liability for the referral or review, or failure to refer or review, a document or instrument under this Section. (j) Applicability. This Section applies only to filings provided to the recorder on and after the effective date of this amendatory Act of the 98th General Assembly. (k) (Blank).
(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5010.7) Sec. 3-5010.7. (Repealed).
(Source: P.A. 99-439, eff. 1-1-16. Repealed internally, eff. 1-1-19.) |
(55 ILCS 5/3-5010.8) (Section scheduled to be repealed on January 1, 2026) Sec. 3-5010.8. Mechanics lien demand and referral pilot program. (a) Legislative findings. The General Assembly finds that expired mechanics liens on residential property, which cloud title to property, are a rapidly growing problem throughout the State. In order to address the increase in expired mechanics liens and, more specifically, those that have not been released by the lienholder, a recorder may establish a process to demand and refer mechanics liens that have been recorded but not litigated or released in accordance with the Mechanics Lien Act to an administrative law judge for resolution or demand that the lienholder commence suit or forfeit the lien. (b) Definitions. As used in this Section: "Demand to Commence Suit" means the written demand specified in Section 34 of the Mechanics Lien Act. "Mechanics lien" and "lien" are used interchangeably in this Section. "Notice of Expired Mechanics Lien" means the notice a recorder gives to a property owner under subsection (d) informing the property owner of an expired lien. "Notice of Referral" means the document referring a mechanics lien to a county's code hearing unit. "Recording" and "filing" are used interchangeably in this Section. "Referral" or "refer" means a recorder's referral of a mechanics lien to a county's code hearing unit to obtain a determination as to whether a recorded mechanics lien is valid. "Residential property" means real property improved with not less than one nor more than 4 residential dwelling units; a residential condominium unit, including, but not limited to, the common elements allocated to the exclusive use of the condominium unit that form an integral part of the condominium unit and any parking unit or units specified by the declaration to be allocated to a specific residential condominium unit; or a single tract of agriculture real estate consisting of 40 acres or less that is improved with a single-family residence. If a declaration of condominium ownership provides for individually owned and transferable parking units, "residential property" does not include the parking unit of a specified residential condominium unit unless the parking unit is included in the legal description of the property against which the mechanics lien is recorded. (c) Establishment of a mechanics lien demand and referral process. After a public hearing, a recorder in a county with a code hearing unit may adopt rules establishing a mechanics lien demand and referral process for residential property. A recorder shall provide public notice 90 days before the public hearing. The notice shall include a statement of the recorder's intent to create a mechanics lien demand and referral process and shall be published in a newspaper of general circulation in the county and, if feasible, be posted on the recorder's website and at the recorder's office or offices. (d) Notice of Expired Lien. If a recorder determines, after review by legal staff or counsel, that a mechanics lien recorded in the grantor's index or the grantee's index is an expired lien, the recorder shall serve a Notice of Expired Lien by certified mail to the last known address of the owner. The owner or legal representative of the owner of the residential property shall confirm in writing the owner's or legal representative's belief that the lien is not involved in pending litigation and, if there is no pending litigation, as verified and confirmed by county court records, the owner may request that the recorder proceed with a referral or serve a Demand to Commence Suit. For the purposes of this Section, a recorder shall determine if a lien is an expired lien. A lien is expired if a suit to enforce the lien has not been commenced or a counterclaim has not been filed by the lienholder within 2 years after the completion date of the contract as specified in the recorded mechanics lien. The 2-year period shall be increased to the extent that an automatic stay under Section 362(a) of the United States Bankruptcy Code stays a suit or counterclaim to foreclose the lien. If a work completion date is not specified in the recorded lien, then the work completion date is the date of recording of the mechanics lien. (e) Demand to Commence Suit. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to serve a Demand to Commence Suit, the recorder shall serve a Demand to Commence Suit on the lienholder of the expired lien as provided in Section 34 of the Mechanics Lien Act. A recorder may request that the Secretary of State assist in providing registered agent information or obtain information from the Secretary of State's registered business database when the recorder seeks to serve a Demand to Commence suit on the lienholder. Upon request, the Secretary of State, or the Secretary of State's designee, shall provide the last known address or registered agent information for a lienholder who is incorporated or doing business in the State. The recorder must record a copy of the Demand to Commence suit in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number and the date of demand. The recorder may, at the recorder's discretion, notify the Secretary of State regarding a Demand to Commence suit determined to involve a company, corporation, or business registered with that office. When the lienholder commences a suit or files an answer within 30 days or the lienholder records a release of lien with the county recorder as required by subsection (a) of Section 34 of the Mechanics Lien Act, then the demand and referral process is completed for the recorder for that property. If service under this Section is responded to consistent with Section 34 of the Mechanics Lien Act, the recorder may not proceed under subsection (f). If no response is received consistent with Section 34 of the Mechanics Lien Act, the recorder may proceed under subsection (f). (f) Referral. Upon receipt of an owner's confirmation that the lien is not involved in pending litigation and a request for the recorder to proceed with a referral, the recorder shall: (i) file the Notice of Referral with the county's code hearing unit; (ii) identify and notify the lienholder by telephone, if available, of the referral and send a copy of the Notice of Referral by certified mail to the lienholder using information included in the recorded mechanics lien or the last known address or registered agent received from the Secretary of State or obtained from the Secretary of State's registered business database; (iii) send a copy of the Notice of Referral by mail to the physical address of the property owner associated with the lien; and (iv) record a copy of the Notice of Referral in the grantor's index or the grantee's index identifying the mechanics lien and include the corresponding document number. The Notice of Referral shall clearly identify the person, persons, or entity believed to be the owner, assignee, successor, or beneficiary of the lien. The recorder may, at the recorder's discretion, notify the Secretary of State regarding a referral determined to involve a company, corporation, or business registered with that office. No earlier than 30 business days after the date the lienholder is required to respond to a Demand to Commence Suit under Section 34 of the Mechanics Lien Act, the code hearing unit shall schedule a hearing to occur at least 30 days after sending notice of the date of hearing. Notice of the hearing shall be provided by the county recorder, by and through the recorder's representative, to the filer, or the party represented by the filer, of the expired lien, the legal representative of the recorder of deeds who referred the case, and the last owner of record, as identified in the Notice of Referral. If the recorder shows by clear and convincing evidence that the lien in question is an expired lien, the administrative law judge shall rule the lien is forfeited under Section 34.5 of the Mechanics Lien Act and that the lien no longer affects the chain of title of the property in any way. The judgment shall be forwarded to all parties identified in this subsection. Upon receiving judgment of a forfeited lien, the recorder shall, within 5 business days, record a copy of the judgment in the grantor's index or the grantee's index. If the administrative law judge finds the lien is not expired, the recorder shall, no later than 5 business days after receiving notice of the decision of the administrative law judge, record a copy of the judgment in the grantor's index or the grantee's index. A decision by an administrative law judge is reviewable under the Administrative Review Law, and nothing in this Section precludes a property owner or lienholder from proceeding with a civil action to resolve questions concerning a mechanics lien. A lienholder or property owner may remove the action from the code hearing unit to the circuit court as provided in subsection (i). (g) Final administrative decision. The recorder's decision to refer a mechanics lien or serve a Demand to Commence Suit is a final administrative decision that is subject to review under the Administrative Review Law by the circuit court of the county where the real property is located. The standard of review by the circuit court shall be consistent with the Administrative Review Law. (h) Liability. A recorder and the recorder's employees or agents are not subject to personal liability by reason of any error or omission in the performance of any duty under this Section, except in the case of willful or wanton conduct. The recorder and the recorder's employees or agents are not liable for the decision to refer a lien or serve a Demand to Commence Suit, or failure to refer or serve a Demand to Commence Suit, of a lien under this Section. (i) Private actions; use of demand and referral process. Nothing in this Section precludes a private right of action by any party with an interest in the property affected by the mechanics lien or a decision by the code hearing unit. Nothing in this Section requires a person or entity who may have a mechanics lien recorded against the person's or entity's property to use the mechanics lien demand and referral process created by this Section. A lienholder or property owner may remove a matter in the referral process to the circuit court at any time prior to the final decision of the administrative law judge by delivering a certified notice of the suit filed in the circuit court to the administrative law judge. Upon receipt of the certified notice, the administrative law judge shall dismiss the matter without prejudice. If the matter is dismissed due to removal, then the demand and referral process is completed for the recorder for that property. If the circuit court dismisses the removed matter without deciding on whether the lien is expired and without prejudice, the recorder may reinstitute the demand and referral process under subsection (d). (j) Repeal. This Section is repealed on January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 103-400, eff. 1-1-24; 103-563, eff. 11-17-23.) |
(55 ILCS 5/3-5010.10) Sec. 3-5010.10. Property fraud alert system; registration by property owners and real estate professionals. (a) As used in this Section: "Property fraud alert system" means any electronic or automated alert system run by a county or by a third-party vendor, by whatever name, that informs a property owner by e-mail, telephone, or mail when a document is recorded with the county recorder that relates to a registered property. "Real estate professional" means a licensed real estate agent, attorney, closing agent, or agent of a title insurance company. (b) In a county that has a property fraud alert system, a recorder may create a registration form for a real estate professional to file with the recorder on behalf of a property owner to register the property owner in the county's property fraud alert system. The registration form must contain the following minimum information: (1) A notice on the top of the form that property | ||
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(2) A description of the county's property fraud | ||
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(3) A portion to be completed by a property owner and | ||
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(i) the property owner's name and mailing address; (ii) the Property Index Number (PIN) or unique | ||
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(iii) the e-mail, telephone number, or mailing | ||
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(iv) any information a third-party vendor who | ||
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(v) if required, payment method and billing | ||
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(vi) a clear and conspicuous notice, immediately | ||
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(vii) a place for the property owner's signature; (viii) a place for the real estate professional's | ||
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(ix) a place to list up to 3 other persons to | ||
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(c) A property owner or real estate professional may file a completed and signed registration form with the recorder. When a recorder receives such a completed and signed registration form, the recorder shall complete the registration process for the property owner listed on the registration form by entering the information from the registration form into the property fraud alert system. (d) A real estate professional that wishes to file registration forms with the recorder on behalf of property owners must first register with the recorder by verifying they are a licensed real estate agent, attorney, closing agent, or agent of a title insurance company. The recorder shall keep a list of all registered real estate professionals. (e) No county, recorder, third-party vendor operating a county's property fraud alert system, real estate professional, or any employees thereof shall be subject to liability, except for willful and wanton misconduct, for any error or omission in registering a property owner pursuant to this Section or for any damages caused by the failure of the property owner to be alerted of any document that was recorded that relates to a property registered under the owner's name. (f) A home rule unit shall not use or create a registration form for use by a real estate professional to register a property owner on the county's property fraud alert system that conflicts with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. However, nothing in this Section shall prevent any person from signing up for a property fraud alert system by other means than those provided for in this Section, including, but not limited to, on a county's website or a third-party vendor's website that hosts a property fraud alert system.
(Source: P.A. 99-75, eff. 1-1-16.) |
(55 ILCS 5/3-5011) (from Ch. 34, par. 3-5011)
Sec. 3-5011. Office to remain open during bank holiday. Whenever an emergency exists which involves the banking or credit
structure within the State of Illinois, and which is recognized by a
proclamation by the Governor or by an act or resolution of the General
Assembly, and by such proclamation of the Governor a public holiday has
been or shall be declared, the proclamation of such public holiday shall
not require the recorder or registrar of titles in any county in
this State to close the recorder's or registrar's office, but every such recorder or
registrar of titles shall continue to keep the recorder's or registrar's office open and to operate
in the same manner as though no such public holiday had been declared,
unless in and by such proclamation the Governor of this State shall make
specific reference to the closing of recorders' or registrars' offices in
this State. The actions of any recorder or registrar of titles
performed prior to May 26, 1933 and during the continuance of any such
holiday, are validated.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5012) (from Ch. 34, par. 3-5012)
Sec. 3-5012. Recording and indexing books. Separate books and computer databases may be
kept for the recording and indexing of different classes of instruments.
Three distinct series of document numbers may be used for recording
documents received for recordation, one series of numbers to be preceded by
the letter "b" in each case, which series shall be used only for bills of
sale of personal property, chattel mortgages and releases, extensions and
assignments, thereof, one series of numbers to be preceded by the letter
"c" in each case, which series shall be used only for certificates of
discharge of discharged members of the military, aviation and naval forces
of the United States, and the other series of document numbers shall be
used for all other instruments received for recordation. When three series
of document numbers are thus used, a separate place may be provided in the
Recorder's office for the receipt of each kind of documents to which such
serial numbers apply.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5013) (from Ch. 34, par. 3-5013)
Sec. 3-5013. Transcription or reproduction of written instruments. The recorder, when recording at length instruments in writing in the
office, may transcribe the instruments in handwriting or typewriting, make
photographic or photostatic reproductions of the instruments, or transcribe
the instruments partly in handwriting or typewriting and make photographic
or photostatic reproductions of the remaining portions of the instruments.
Every document, however, shall be filed in a complete and intelligible
manner. The recorder may not accept facsimile or other photographic or
photostatic copies of the signatures of parties executing documents without
labeling those signatures as copies unless they are digital signatures submitted under federal or State law. When photographic or photostatic
reproductions are used, the recorder shall first be satisfied that the
reproductions are as lasting and durable as handwritten or typewritten
copies. The reproductions may be upon sheets bound together in well bound
books or placed in books that are permanently locked so that the sheets
cannot be tampered with or removed. When instruments are reproduced by
microphotography, digital scanning, or reproduced on film as provided in this
Section the reproduction thus made shall be deemed the record for
all purposes.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5014) (from Ch. 34, par. 3-5014) Sec. 3-5014. Mortgages or liens filed but not recorded. Upon receipt of any mortgage, trust deed or conveyance of personal property having the effect of a mortgage or lien upon such property, upon which is indorsed the words, "this instrument to be filed, but not recorded" or words of a similar import, signed by the mortgagee, the mortgagee's agent or attorney, and upon payment of a fee equal to what would be charged if the document were to be recorded, the recorder shall mark the instrument "filed", endorse the time (including the hour of the day) of the receipt thereof and file the same in the office. Each instrument filed as above shall be numbered and indexed by the recorder in the book wherein the recorder alphabetically indexes chattel mortgages and shall refer to the number appearing on the filed instrument. The recorder may destroy any instrument filed but not recorded in the manner hereinabove provided, one year after the maturity thereof as stated therein; except, no such instrument may be destroyed until one year after the maturity of the last extension thereof filed in the recorder's office.(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5015) (from Ch. 34, par. 3-5015)
Sec. 3-5015. Certificates of discharge or release from active duty. Certificates of discharge or MEMBER-4 copy of certificate of release or
discharge from active duty of honorably discharged or separated members of
the military, aviation and naval forces of the United States shall be
recorded by each recorder, free of charge, in a separate book or computer database which shall
be kept for the purpose. The recorder in counties of over 500,000
population shall as soon as practicable after the recording of the original
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, deliver to each of the persons named in the
discharge certificate or MEMBER-4 copy of certificate of release or
discharge from active duty, or the person's agent, one certified copy of the person's discharge
certificate or MEMBER-4 copy of certificate of release or discharge from
active duty without charge. Additional certified copies shall be furnished
by the recorder upon the payment to the recorder of a fee
of $1.25, payable in advance, for each such additional certified copy. The recorder may waive the fee for reasonable requests for additional copies if the recorder deems collecting the fee to be a burden to the county, but only if the fee is waived for all reasonable requests for additional copies under this Section.
Upon the delivery of the certificate of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty after the recordation
thereof is completed, and the delivery of one certified copy thereof to the
person named in the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty or the person's agent, the receipt
theretofore issued by the recorder, or a copy thereof shall be
surrendered to the recorder, with a signed statement acknowledging
the receipt of the discharge certificate or MEMBER-4 copy of certificate
of release or discharge from active duty and the certified copy thereof.
Certified copies of the certificates of discharge or MEMBER-4 copy of
certificate of release or discharge from active duty furnished by the
recorder may vary from the size of the original, if in the
judgment of the recorder, such certified copies are complete and
legible.
A military discharge form (DD-214) or any other certificate of discharge or
release from active duty document that was issued by the United States
government or any state government in reference to those who served with an
active or inactive military reserve unit or National Guard force and that was
recorded by a County Clerk or Recorder of Deeds is not subject to public
inspection, enjoying all the protection covered by the federal Privacy Act of
1974 or any other
privacy law. These documents shall be accessible only to the person named in
the document, the named person's dependents, the county veterans' service
officer, representatives of the Department of Veterans' Affairs, or any person
with
written authorization from the named person or the named person's dependents. Notwithstanding any other provision in this paragraph, these documents shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the federal Freedom of Information Act, and the federal Privacy Act.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5016) (from Ch. 34, par. 3-5016)
Sec. 3-5016. Quarters; office hours. Every recorder shall keep the recorder's
office at the courthouse of the county for which the recorder was elected recorder, or in
counties of the second or third class in some other suitable building
provided at the county seat by the county for which the person was elected and
shall keep the office open except as hereinafter provided and attend to the
duties thereof in counties of the first and second classes from 8 o'clock
A.M. to 5 o'clock P.M. of each working day, except Saturday and Sunday, and in
counties of the third class from 9 o'clock A.M. to 5 o'clock P.M. of each
working day, except Saturday and Sunday. The hours of opening and closing of
the office of the recorder may be changed and otherwise fixed and
determined by the county board of any county. Any such action taken by the
county board shall be by an appropriate resolution passed at a regular
meeting. The office of the recorder shall accept instruments for
recordation at all times during which the office is open.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5017) (from Ch. 34, par. 3-5017) Sec. 3-5017. (Repealed). (Source: P.A. 86-962. Repealed by P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) Sec. 3-5018. (Repealed). (Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5018.1) Sec. 3-5018.1. (Repealed).(Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5018.2) (Text of Section before amendment by P.A. 103-884) Sec. 3-5018.2. Predictable fee schedule for recordings in first and second class counties. (a) The fees of the recorder in counties of the first and second class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall be paid in advance and shall conform to this Section. The fees or surcharges shall not, unless otherwise provided in this Section, be based on the individual attributes of a document to be recorded, including, but not limited to, page count; number, length, or type of legal descriptions; number of tax identification or other parcel-identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document. The fees charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges. (b) A county of the first or second class shall adopt and implement, by ordinance or resolution, a predictable fee schedule as provided in subsection (c) that eliminates surcharges or fees based on the individual attributes of a document to be recorded. If a county has previously adopted an ordinance or resolution adopting a predictable fee schedule, the county must adopt an ordinance or resolution revising that predictable fee schedule to be consistent with this Section. After a document class predictable fee is approved by a county board consistent with this Section, the county board may, by ordinance or resolution, increase the document class predictable fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased. For the purposes of the fee charged, the ordinance or resolution shall divide documents into the classifications specified in subsection (c), and shall establish a single, all-inclusive county and State-imposed aggregate predictable fee charged for each classification of document at the time of recording for that document. Each document, unless otherwise provided in this Section, shall fall within one of the document class predictable fee classifications set by subsection (c), and fees for each document class shall be charged only as allowed by this Section. Before approval of an ordinance or resolution under this subsection that creates or modifies a predictable fee schedule, the recorder or county clerk shall post a notice in the recorder's or clerk's office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class predictable fees for each classification, and a reference to this Section and this amendatory Act of the 103rd General Assembly. A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted, unless the fee schedule was previously created and the ordinance or resolution is a modification allowed under this Section. Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class predictable fee when the document class predictable fee is not increased or precludes an alternate predictable fee schedule for electronic recording within each of the classifications under subsection (c). If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document predictable fee attributable to the surcharge in the document may be changed accordingly. If any fee or surcharge is changed by State statute, the county may increase the document class fees by the same amount without any cost study. (c) A predictable fee schedule ordinance or resolution adopted under this Section shall list document fees, including document class predictable fees. The document classes shall be as follows: (1) Deeds. The aggregate fee for recording deeds | ||
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(2) Leases, lease amendments, and similar transfer of | ||
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(3) Mortgages. The aggregate fee for recording | ||
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(4) Easements not otherwise part of another | ||
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(5) Irregular documents. Any document presented that | ||
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(A) The document shall consist of one or more | ||
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(B) The document shall be legibly printed in | ||
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(C) The document shall be on white paper of not | ||
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(D) The first page of the document shall contain | ||
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(E) The document shall not have any attachment | ||
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The aggregate fee for recording an irregular document | ||
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(6) Blanket recordings. For any document that makes | ||
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(7) Miscellaneous. The aggregate fee for recording | ||
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(d) For recording maps or plats of additions, subdivisions, or otherwise (including the spreading of the same of record in well bound books), $100 plus $2 for each tract, parcel, or lot contained in the map or plat. (e) Documents presented that meet the following criteria shall be charged as otherwise provided by law or ordinance: (1) a document recorded pursuant to the Uniform | ||
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(2) a State lien or a federal lien. Notwithstanding any other provision in this Section: (i) the maximum fee that may be collected from the Department of Revenue for filing or indexing a lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $5; and (ii) the maximum fee that may be collected from the Department of Revenue for indexing each additional name in excess of one for any lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $1. (f) For recording any document that affects an interest in real property, other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone, or other public service, the recorder shall charge a minimum fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Half of the fee shall be deposited into the county general revenue fund. The remaining half shall be deposited into the County Recorder Document Storage System Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the County Recorder Document Storage System Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder. (g) For certified and non-certified copies of records, the recorder and county may set a predictable fee for all copies that does not exceed the highest total recording fee in any established document classes, unless the copy fee is otherwise provided in statute or ordinance. The total fee for a certified copy of a map or plat of an addition, subdivision, or otherwise may not exceed $200. The fees allowed under this subsection apply to all records, regardless of when they were recorded, based on current recording fees. These predictable fees for certified and non-certified copies shall apply to portions of documents and to copies provided in any format, including paper, microfilm, or electronic. A county may adopt a per-line pricing structure for copies of information in database format. (h) As provided under subsection (c), the recorder shall collect an $18 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder. The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, unit of local government, or school district. On the 15th day of each month, each county recorder shall report to the Department of Revenue, on a form prescribed by the Department, the number of real estate-related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $18 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program. As used in this subsection, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.(Source: P.A. 103-400, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-884) Sec. 3-5018.2. Predictable fee schedule for recordings in first and second class counties. (a) The fees of the recorder in counties of the first and second class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall be paid in advance and shall conform to this Section. The fees or surcharges shall not, unless otherwise provided in this Section, be based on the individual attributes of a document to be recorded, including, but not limited to, page count; number, length, or type of legal descriptions; number of tax identification or other parcel-identifying code numbers; units; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document. The fees charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges. (b) A county of the first or second class shall adopt and implement, by ordinance or resolution, a predictable fee schedule as provided in subsection (c) that eliminates surcharges or fees based on the individual attributes of a document to be recorded. If a county has previously adopted an ordinance or resolution adopting a predictable fee schedule, the county must adopt an ordinance or resolution revising that predictable fee schedule to be consistent with this Section. After a document class predictable fee is approved by a county board consistent with this Section, the county board may, by ordinance or resolution, increase the document class predictable fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased. For the purposes of the fee charged, the ordinance or resolution shall divide documents into the classifications specified in subsection (c), and shall establish a single, all-inclusive county and State-imposed aggregate predictable fee charged for each classification of document at the time of recording for that document. Each document, unless otherwise provided in this Section, shall fall within one of the document class predictable fee classifications set by subsection (c), and fees for each document class shall be charged only as allowed by this Section. Before approval of an ordinance or resolution under this subsection that creates or modifies a predictable fee schedule, the recorder or county clerk shall post a notice in the recorder's or clerk's office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class predictable fees for each classification, and a reference to this Section and this amendatory Act of the 103rd General Assembly. A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted, unless the fee schedule was previously created and the ordinance or resolution is a modification allowed under this Section. Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class predictable fee when the document class predictable fee is not increased or precludes an alternate predictable fee schedule for electronic recording within each of the classifications under subsection (c). The county board may, by ordinance or resolution, increase the fees allowed in the predictable fee schedule if the increase is justified by an acceptable cost study or internal analysis of a minimum of 3 years showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the cost of providing each service, program, and activity shall be prepared by the county board. All supporting documents to the statement are public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity. If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document predictable fee attributable to the surcharge in the document may be changed accordingly. If any fee or surcharge is changed by State statute, the county may increase the document class fees by the same amount without any cost study. (c) A predictable fee schedule ordinance or resolution adopted under this Section shall list document fees, including document class predictable fees. The document classes shall be as follows: (1) Deeds. The aggregate fee for recording deeds | ||
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(2) Leases, lease amendments, and similar transfer of | ||
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(3) Mortgages. The aggregate fee for recording | ||
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(4) Easements not otherwise part of another | ||
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(5) Nonstandard documents. Any document presented | ||
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(A) The document shall consist of one or more | ||
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(B) The document shall be legibly printed in | ||
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(C) The document shall be on white paper of not | ||
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(D) The first page of the document shall contain | ||
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(E) The document shall not have any attachment | ||
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(F) The document makes specific reference to 5 or | ||
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The aggregate fee for recording a nonstandard | ||
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(6) (Blank). (7) Miscellaneous. The aggregate fee for recording | ||
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(8) Maps or plats of additions, subdivisions, or | ||
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(9) Other. Documents presented that meet the | ||
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(A) A document recorded pursuant to the Uniform | ||
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(B) A State tax lien or a federal tax lien shall | ||
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(C) A document recorded by a unit of local | ||
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(D) For recording any document that affects an | ||
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(d) For certified and non-certified copies of records, the recorder and county may set a predictable fee for all copies that does not exceed the highest total recording fee in any established document classes, unless the copy fee is otherwise provided in statute or ordinance. The total fee for a certified copy of a map or plat of an addition, subdivision, or otherwise may not exceed $200. The fees allowed under this subsection apply to all records, regardless of when they were recorded, based on current recording fees. These predictable fees for certified and non-certified copies shall apply to portions of documents and to copies provided in any format, including paper, microfilm, or electronic. A county may adopt a per-line pricing structure for copies of information in database format. (e) As provided under subsection (c), the recorder shall collect an $18 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder. The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, unit of local government, or school district. On the 15th day of each month, each county recorder shall report to the Department of Revenue, on a form prescribed by the Department, the number of real estate-related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $18 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program. As used in this subsection, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act. (f) A county board in counties of the first and second class may allow, by ordinance, a recorder to charge the following fees in addition to those fees otherwise allowed under this Section: (1) Automation fee. A minimum automation fee of $3 | ||
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(2) GIS fee. In a county that provides and maintains | ||
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(Source: P.A. 103-400, eff. 1-1-24; 103-884, eff. 1-1-25.) |
(55 ILCS 5/3-5019) (from Ch. 34, par. 3-5019)
Sec. 3-5019. Monthly list of conveyances. Immediately following each
calendar month, the recorder, in counties with less than 1,000,000
inhabitants shall, upon their request, transmit copies of all documents,
plats and deeds conveying real property to the county clerk, the county
treasurer, the tax map department, the supervisor of assessments and the
township assessor for which the office shall be paid by the county the usual and
customary fee charged by the recorder for furnishing such documents.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5020) (from Ch. 34, par. 3-5020)
Sec. 3-5020. Information to accompany conveyance documents.
(a) In counties of the first and second class no recorder shall
record any conveyance of real estate unless the conveyance contains the
name and address of the grantee for tax billing purposes.
(b) In counties with 3,000,000 or more inhabitants, the county recorder
shall not accept for filing any deed or assignment of beneficial interest
in a land trust in a transaction which is exempt from filing a real estate
transfer declaration under the provisions of Section 4 of the Real Estate
Transfer Tax Act, unless the deed or assignment of a beneficial interest is
accompanied by,
(1) a sworn or affirmed statement executed by the | ||
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(2) a sworn or affirmed statement executed by the | ||
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(c) In the event that the document of conveyance is a trustee's deed
issued under resignation by a land trustee, the statements pursuant
to paragraphs (1) and (2) of subsection (b) shall not be required, but the
trustee's deed shall instead be accompanied by a sworn or affirmed statement
executed by the grantor land trustee stating that the trustee's deed has been
issued pursuant to resignation by the trustee, and that the name of the grantee
shown on the trustee's deed is the name of the beneficiary of the trust as the trustee's
name appears in the trust files as of the date of resignation.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5020.5) Sec. 3-5020.5. Information concerning recorded or filed instruments. Each instrument recorded or filed with the county recorder must contain the following: (1) The name and address of the person to whom the | ||
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(2) The recorder's document number of any instrument | ||
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(3) The book and page number, if applicable, or | ||
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(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5021) (from Ch. 34, par. 3-5021)
Sec. 3-5021.
Recording or registering instruments transferring
title to real estate or a beneficial interest in real estate subject to a
land trust. If any home rule municipality has levied a real estate transfer
tax and a certified copy of the ordinance or resolution levying the tax,
specifying the rates and the design and denomination of stamps evidencing
payment thereof, has been on file with the county recorder for at least
30 days, the recorder of that county may not accept for recording or for
registration any instrument transferring title to real estate in that
municipality, or the beneficial interest in real estate in that
municipality which is the subject of a land trust, for which revenue stamps
are required to be purchased without proof of payment of the
municipal real estate transfer tax.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5022) (from Ch. 34, par. 3-5022)
Sec. 3-5022.
Identification of person preparing instrument affecting
title to real estate. No recorder shall record any instrument affecting
title to real estate unless the name and address of the person who prepared
and drafted such instruments is printed, typewritten or stamped on the face
thereof in a legible manner, but the validity and effect of the record of
any such instrument shall not be lessened or impaired by the fact that it
does not comply with the provisions of this Section. An instrument
complies with this Section if it contains a statement in substantially
the following form:
"This instrument was prepared by
(Name) .................., (Address) ......................."
This Section does not apply to any instrument executed before the effective
date of this Section, nor to the following: (a) an order or judgment
or process of any court; (b) a will; (c) a death certificate; or (d) an
instrument executed or acknowledged outside of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5023) (from Ch. 34, par. 3-5023)
Sec. 3-5023.
Receipt.
On the receipt of any instrument in
writing for recording or filing in a recorder's office, the recorder shall,
when requested, give to the person leaving the same to be recorded or
filed, a receipt therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5024) (from Ch. 34, par. 3-5024)
Sec. 3-5024. Certificate of time of filing. When any instrument
in writing is recorded in the recorder's office, the recorder shall indorse
upon such instrument a certificate of the time (including the hour of the
day) when the same was received for recordation (which shall be considered
the time of recording the same), and the book and page or document number by and in which the same is
recorded. The recorder shall sign the certificate or shall affix the recorder's
facsimile signature thereto. A physical or electronic image of the recorder's stamp satisfies the signature requirement for recorded instruments prior to, on, and after the effective date of this amendatory Act of the 102nd General Assembly.
The certificate, when signed by the recorder, or to which the recorder has affixed
the recorder's facsimile signature or a physical or electronic image of the recorder's stamp, shall be evidence of the facts therein stated.
(Source: P.A. 102-838, eff. 5-13-22; 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5025) (from Ch. 34, par. 3-5025)
Sec. 3-5025. Books. Every recorder shall keep the following books or computer databases:
1. An entry book, in which the recorder shall, | ||
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2. A grantor's index, in which shall be entered the | ||
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3. A grantee's index, in which shall be entered the | ||
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4. An index to each book or computer database of | ||
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5. When required by the county board, an abstract | ||
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6. An index to recorded maps, plats and subdivisions, | ||
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7. An index showing in alphabetical order the names | ||
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8. An index of all ordinances, petitions, assessment | ||
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Any recorder may install or contract for the use of a computerized
system that will permit automated entry and indexing, alphabetically by
document, of instruments filed in the office and that will provide both
quick search and retrieval of such entries and hard copy print output,
whether on paper, optical disk media, or microfilm, of such entries as
indexed. If such a computerized system has been in use in the office
for at least 6 months and the recorder determines that it provides accurate and
reliable indices that may be stored as permanent records, more quickly and
efficiently than the system previously used, the recorder may thereafter
discontinue the use of the manual system and use only the computerized system
for such indices. In that event, references in this Division to books, records
or forms as relate to such indices are intended to encompass and refer to the
computer system and all materials and forms directly related to that system and
its proper use.
This Section is subject to the Local Records Act.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5026) (from Ch. 34, par. 3-5026)
Sec. 3-5026.
Name and address of grantee or grantees.
No deed or other instrument which transfers the title to real property
may be recorded unless and until the name and address of the grantee or
grantees appear on its face.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5027) (from Ch. 34, par. 3-5027)
Sec. 3-5027.
Real estate index number system; counties of less
than 1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a permanent real estate index number system which shall describe
all real estate in the county by township, Section, block, and parcel or
lot, the street or post office address, if any, and street code number, if
any, of such real estate. The recorder having established such index number
system shall be the sole authority in the county to designate
and assign index numbers and may establish and maintain cross indexes of
numbers assigned with the complete legal description of the real estate
to which such numbers relate. Such index number system may be used by the
supervisor of assessments or board of assessors, as the case may be, in
counties of less than 1,000,000 population for the purposes of assessment
and collection of taxes. If a real estate index number system is being
maintained by an authority other than the recorder on September 8, 1980,
the county board may approve the adoption, modification or expansion of
such system by the recorder and the recorder shall thereafter designate and
assign all index numbers under said system. All indexes established
hereunder shall be open to public inspection and shall be made available to
the public during regular business hours.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5028) (from Ch. 34, par. 3-5028)
Sec. 3-5028.
Map making department; counties of less than
1,000,000. In counties with a population of less than 1,000,000, the
recorder, pursuant to ordinance or resolution of the county board, may
establish a map making department which shall have sole authority over the
preparation, maintenance and designation of maps and up-to-date lists of
property owners names and addresses required for use by the county,
including but not limited to, those maps and lists used for assessment
purposes.
If the recorder establishes a map making department pursuant
to such ordinance or resolution, then such department shall supersede the
authority of any other person or agency previously charged with the
responsibility for map making.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5029) (from Ch. 34, par. 3-5029)
Sec. 3-5029.
Map, plat or subdivision of land;
penalty. No person shall offer or present for
recording or record any map, plat or subdivision of land situated in any
incorporated city, town or village, nor within 1 1/2 miles of the corporate
limits of any incorporated city, town or village which has adopted a city
plan and is exercising the special powers authorized by Division 12 of
Article 11 of the Illinois Municipal
Code, as now or hereafter amended, and not included in any municipality
unless the map, plat or subdivision is under the seal of a registered Illinois
land surveyor and unless it is entitled to record as provided in Sections
11-15-1 and 11-12-3 of the Illinois Municipal Code, as now or hereafter
amended. Any map, plat or subdivision of land presented for recording shall
have attached thereto or endorsed thereon the Certificate of an Illinois
Registered Land Surveyor that the land is or is not within any incorporated
city, town or village, nor within 1 1/2 miles of the corporate limits of
any incorporated city, town or village which has adopted a city plan and
is exercising the special powers authorized by Division 12 of Article 11 of
the Illinois Municipal Code, as now or hereafter amended, and not included
in any municipality. No person shall offer or present for recording or
record any subdivision plat of any lands bordering on or including any public
waters of the State in which the State of Illinois has any property rights
or property interests, unless such subdivision plat is under the seal of
a registered Illinois Land Surveyor and is approved by the Department of
Natural Resources, nor shall any person
offer or present for recording or record any map, plat or subdivision of
lands, without indicating whether any part of which as shown on the
map, plat or subdivision is located within a special flood hazard area as
identified by the Federal Emergency Management Agency nor shall any person
offer or present for recording or record any map, plat or subdivision of
land situated outside any incorporated city, town or village unless the
map, plat or subdivision is under the seal of a registered Illinois land
surveyor, and unless it is entitled to record as provided in Section
5-1045, however, the provisions of this Section shall not
apply to any street or highway survey map or plat. Any person who records,
or who offers or presents for recording, which offer or presentation results
in a recording of, any map, plat or subdivision of land which the person knows to
be in violation of this Section shall pay to the county the sum of $1,000,
to be recovered in the circuit court, in the name of the state, for the
use of the county, with costs of suit.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5030) (from Ch. 34, par. 3-5030)
Sec. 3-5030.
Deeds of sheriffs.
Deeds and other instruments affecting
real estate, made by a sheriff, executor, administrator, guardian, trustee
or other person acting on behalf of another, shall be indexed in the name
of the person whose land is sold or affected as grantor, and a note shall
be made in the index indicating in what capacity the deed was made.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5031) (from Ch. 34, par. 3-5031)
Sec. 3-5031. Penalty. If any recorder shall willfully fail to perform
any duty imposed upon the recorder by this Division, the recorder shall be guilty
of malfeasance in office, and shall be punished accordingly, and shall be
liable to the party injured for all damages occasioned thereby.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5032) (from Ch. 34, par. 3-5032)
Sec. 3-5032.
Ancient records.
All copies and transcripts of the
ancient books, records and papers, bearing date prior to the 13th of July
in the year of our Lord 1787, now in the office of the recorder of the
county of Randolph, which may be made by said recorder, from the said
papers or records, and attested by him, shall be as authentic in any court
in this State as if given by the Secretary of State; and the said recorder
shall be entitled to the same fees for such copies, transcripts and
attestations, as he is now entitled to by law for the performance of similar
services.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5033) (from Ch. 34, par. 3-5033)
Sec. 3-5033. County to furnish books, equipment and supplies. The county board of each county shall from time to time, as may be
necessary, provide the recorder of such county with well-bound and properly
ruled books, and where photostating, optical disk storage, or
microfilming is used, the recorder
shall likewise be furnished all such equipment (such as computers, printers, and scanners) and supplies necessary to
the execution of the duties of the office. They may procure books of
printed forms to be filled up in the recording of any instrument, when the
same may be done without interlineation or erasure, and shall in all cases,
when practicable, procure the necessary index and abstract books with
printed headings. The cost of such books, equipment and supplies shall be
chargeable against the surplus fees of the office, or paid by the county.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5034) (from Ch. 34, par. 3-5034)
Sec. 3-5034.
Transcription of records.
When it shall appear to the
county board that any books of record, entry books, indexes or abstract
books, are likely to become useless from age or much use, or are illegibly
written, defaced, or imperfectly kept, they shall cause the same to be
transcribed at the cost of the county. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5035) (from Ch. 34, par. 3-5035)
Sec. 3-5035.
Failure to comply.
The receiving for record, or filing,
of any instrument by a recorder of deeds or a registrar of titles which
does not comply with the provisions of this Division shall not affect the
validity and effect of any such instrument or the constructive notice
afforded by its recordation.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036)
Sec. 3-5036.
Records open to inspection.
All records, indices,
abstract and other books kept in the office of any recorder, and all
instruments filed therein and all instruments deposited or left for
recordation therein shall, during the office hours, be open for public
inspection and examination; and all persons shall have free access for
inspection and examination to such records, indices, books and instruments,
which the recorders shall be bound to exhibit to those who wish to inspect
or examine the same; and all persons shall have the right to take memoranda
and abstracts thereof without fee or reward. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-5036.5) Sec. 3-5036.5. Exchange of information for child support enforcement. (a) The recorder shall exchange with the Department of Healthcare and Family Services information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 2015. (b) Notwithstanding any provisions in this Code to the contrary, the recorder shall not be liable to any person for any disclosure of information to the Department of Healthcare and Family Services under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a).(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/3-5037) (from Ch. 34, par. 3-5037)
Sec. 3-5037. Instruments to be re-recorded; fee; penalty. In all
cases where the records of any county have been or shall hereafter be
destroyed by fire or other casualty, it shall be the duty of the recorder
of such county to re-record all deeds, mortgages or other instruments in
writing which may have been recorded or filed for record prior to the
destruction of such records, together with the certificates of such
original recording, that may be filed in the office for re-recording; and
the recorder may charge and receive, as a fee for re-recording such deeds,
mortgages and other instruments aforesaid, and the certificate of such
recording, 5¢ for each 100 words or fractions thereof, and no more; and any
recorder who shall charge a greater fee than the foregoing, or who shall
refuse to re-record such instruments in writing, for the fee aforesaid,
shall be deemed guilty of malfeasance in office, and subject to all the
penalties prescribed by law for such offense.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5038) (from Ch. 34, par. 3-5038)
Sec. 3-5038. Judgment dockets. In all counties where a recorder
is elected in which the recorder has heretofore been, or shall hereafter be
required by the county board to keep abstract books showing by tract every
conveyance or incumbrance recorded, the date of the instrument, the time of
filing same, the book and page where the same is recorded, and showing a
true chain of title to each tract and the incumbrances thereon, as shown by
the records of the office, such recorder shall keep judgment dockets and indexes thereto, showing all judicial
proceedings affecting title to real estate in such county, tax sale books
with indexes thereto, showing sales or forfeitures of all lands in the
county for unpaid taxes and assessments, and such other books as are usual
or necessary to be kept for the purpose of making complete abstracts of
title to real estate; and the county board shall furnish such recorder with
the necessary rooms, books, stationery, fuel and lights for the purposes
herein set forth: Provided, that nothing in this Division shall be
construed to empower the recorder to prevent the public from examining and
taking memoranda from all records and instruments filed for record, indexes
and other books in the recorder's official custody, but it shall be the recorder's duty at all
times, when the office is or is required by law to be open, to allow all
persons without fee or reward to examine and take memoranda from the same.
This Section is subject to the provisions of the Local Records Act.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5039)
Sec. 3-5039. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5040)
Sec. 3-5040. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5041)
Sec. 3-5041. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5042)
Sec. 3-5042. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5043)
Sec. 3-5043. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5044)
Sec. 3-5044. (Repealed).
(Source: P.A. 87-895. Repealed by P.A. 95-215, eff. 8-16-07.)
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(55 ILCS 5/3-5045) (from Ch. 34, par. 3-5045)
Sec. 3-5045.
Scope of liability in connection with Uniform
Commercial Code. No recorder nor any of the recorder's employees or
agents shall be subject to personal liability by reason of any error or
omission in the performance of any duty under Article 9 of the Uniform
Commercial Code except in case of willful negligence.
(Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/3-5046) Sec. 3-5046. Quitclaim deed notification. Upon the recording or filing of a quitclaim deed on any property within a county with a population of 3,000,000 or more, the recorder of deeds must mail a notification postcard to the previous owner of record at the address listed on the property record in the recorder's office. The postcard must state that a newly recorded quitclaim deed has been filed on the property, and must state the date of the new recording, the address of the recorder's office, and any other information deemed necessary by the recorder. No county, including a home rule county, may act in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-823, eff. 1-1-07.) |
(55 ILCS 5/3-5047) Sec. 3-5047. Removal of personal information. Upon request by any person, the recorder shall redact or remove that person's social security number, employer taxpayer identification number, driver's license number, State identification number, passport number, checking account number, savings account number, credit card number, debit card number, or personal identification (PIN) code from any internet website maintained by the recorder or used by the recorder to display public records. The request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the office of the recorder. The request must specify the personal information to be redacted and identify the document that contains the personal information. Within 12 months after the effective date of this amendatory Act of the 95th General Assembly all county recorders that publicly display records on an Internet website must submit a written policy, including a timeline, to their respective county boards providing for the redaction of social security numbers from all records publicly displayed on the website. Any county recorder that launches a website on or after the effective date of this amendatory Act of the 95th General Assembly shall develop and implement a policy providing for the removal of all social security numbers from all records prior to the public display of those records on the website, and must file a copy of the policy with the county board of that county. Policies pertaining to the removal of social security numbers from records to be posted on the internet shall be made available to all employees of a county recorder. No person or entity shall include an individual's social security number in a document that is prepared and presented for recording with a county recorder. This Section shall not apply to (i) State or federal tax liens, certified copies of death certificates, or other documents required by law to contain personal identifying information or (ii) documents that were executed by an individual prior to the effective date of this amendatory Act of the 95th General Assembly. County recorders shall not be liable for any claims arising from unintentional or inadvertent violations of this Section.
(Source: P.A. 95-875, eff. 1-1-09.) |
(55 ILCS 5/3-5048) Sec. 3-5048. Unlawful restrictive covenant modifications. (a) As used in this Section: "Declaration" has the meaning given to that term in Section 1-5 of the Common Interest Community Association Act or Section 2 of the Condominium Property Act, as applicable. "Unlawful restrictive covenant" means any recorded covenant or restriction that is void under Section 3-105 of the Illinois Human Rights Act which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof on the basis of race, color, religion, or national origin. "Recorder" means the recorder of the county where the property subject to the unlawful restrictive covenant is located. (b) A person or entity may execute and file a restrictive covenant modification to an unlawful restrictive covenant in accordance with this Section if the person or entity: (1) holds an ownership interest in property that is | ||
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(2) is a common interest community association, a | ||
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(A) When a parcel of property subject to an | ||
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(B) If the board receives a written request by an | ||
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(C) If a board fails or refuses to execute and | ||
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(D) The board shall give written notice to all | ||
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(c) A restrictive covenant modification shall include: (1) a complete copy of the original instrument | ||
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(2) a petition to modify an unlawful restrictive | ||
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(d) A petition to modify an unlawful restrictive covenant shall: (1) be signed by the record owner of the property or, | ||
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(2) reference the property index number or unique | ||
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(3) include any other information that the recorder | ||
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(e) On receipt of a restrictive covenant modification, the recorder shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the State's Attorney. (f) Within 30 days of receipt from the recorder, the State's Attorney shall: (1) review the restrictive covenant modification and | ||
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(2) return the restrictive covenant modification and | ||
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(g) The recorder may not record a restrictive covenant modification filed under subsection (b) unless the State's Attorney determines that the modification is appropriate in accordance with subsection (f). If the State's Attorney's written determination finds that the instrument contains an unlawful restrictive covenant, the recorder shall record the restrictive covenant modification with the language stricken as directed by the State's Attorney. (h) A recorded restrictive covenant modification shall be indexed in the same manner as the original instrument. (i) Subject to all lawful covenants, conditions, and restrictions that were recorded after the recording of the original instrument, the restrictions contained in a duly recorded restrictive covenant modification are the only restrictions based on the original instrument that apply to the property. (j) The effective date of the terms and conditions contained in a duly recorded restrictive covenant modification shall be the same as the effective date of the original instrument. (k) If a person or entity causes to be filed or recorded a restrictive covenant modification that contains modifications not authorized under this Section: (1) the recorder may not incur any liability for | ||
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(2) the county may not incur any liability as a | ||
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(3) any costs, fees, or liability that results from | ||
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(l) The recorder may impose a fee for filing a restrictive covenant modification to an unlawful restrictive covenant pursuant to this Section in an amount not to exceed $10.
(Source: P.A. 102-110, eff. 1-1-22.) |
(55 ILCS 5/Div. 3-6 heading) Division 3-6.
Sheriff
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(55 ILCS 5/3-6001) (from Ch. 34, par. 3-6001)
Sec. 3-6001.
Commission.
Every sheriff shall be commissioned by the
Governor; but no commission shall issue except upon the certificate of the
county clerk of the proper county, of the due election or appointment of
such sheriff, and that he or she has filed his or her bond and taken the
oath of office, as hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. A person is not eligible to be elected or
appointed to the office of sheriff, unless that person meets all of the
following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least | ||
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(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her | ||
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(Source: P.A. 101-652, eff. 1-1-22.)
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(55 ILCS 5/3-6002) (from Ch. 34, par. 3-6002)
Sec. 3-6002. Commencement of duties. The sheriff shall enter upon
the duties of his or her office on the December 1
following his or her election.
(Source: P.A. 102-15, eff. 6-17-21.)
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(55 ILCS 5/3-6003) (from Ch. 34, par. 3-6003)
Sec. 3-6003.
Bond.
Before entering upon the duties of his or her office, he
or she shall give bond, with 2 or more sufficient sureties (or, if the county
is self-insured, the county through its self-insurance program may provide
bonding), to be approved by the circuit court for his or her county, in the
penal sum of $10,000 (except that the bond of the sheriff of Cook County shall
be in the penal sum of $100,000), payable to the people of the State of
Illinois, conditioned that he or she will faithfully discharge all the duties
required, or to be required of him or her by law, as such sheriff; which bond
shall be filed in the circuit court, and a copy thereof also filed in the
office of the county clerk of his or her county.
(Source: P.A. 88-387.)
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(55 ILCS 5/3-6004) (from Ch. 34, par. 3-6004)
Sec. 3-6004.
Oath.
He or she shall also, before entering upon the
duties of his or her office, take and subscribe the oath or affirmation
prescribed by Section 3 of Article XIII of the Constitution, which shall be
filed in the office of the county clerk of his or her county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6005) (from Ch. 34, par. 3-6005)
Sec. 3-6005.
Failure to give bond or take oath; vacancy.
If any
person elected or appointed to the office of sheriff, of any county, shall
fail to give bond or take the oath required of him or her, within
30 days
after he or she is appointed or declared elected, the office shall be deemed
vacant.
(Source: P.A. 91-76, eff. 1-1-00.)
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(55 ILCS 5/3-6006) (from Ch. 34, par. 3-6006)
Sec. 3-6006.
Copy of bond as evidence.
Copies of such bonds,
certified by the county clerk, or of the record thereof, certified by the
clerk of the circuit court, shall be received as evidence.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6007) (from Ch. 34, par. 3-6007)
Sec. 3-6007.
Training.
Each sheriff shall obtain at least 20 hours of
training, approved by the Illinois Law Enforcement Training Standards Board,
relating to law enforcement and the operation of a sheriff's office each year.
Reasonable expenses incurred by the sheriff in obtaining such training shall be
reimbursed by the county upon presentation by the sheriff to the county board
of a certificate of completion from the person or entity conducting such
training.
(Source: P.A. 88-586, eff. 8-12-94.)
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(55 ILCS 5/3-6007.5) Sec. 3-6007.5. Sheriff's salary. (a) As used in this Section, "salary" is exclusive of any other compensation or benefits. (b) The salary of a sheriff elected or appointed after the effective date of this amendatory Act of the 102nd General Assembly in a non-home rule county shall not be less than 80% of the salary set for the State's Attorney under Section 4-2001 for the county in which the sheriff is elected or appointed. (c) The State shall furnish 66 2/3% of the total annual salary to be paid to a sheriff. Said amounts furnished by the State shall be payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which the sheriff is elected or appointed. The county shall furnish 33 1/3% of the total annual salary.
(Source: P.A. 102-699, eff. 7-1-22.) |
(55 ILCS 5/3-6008) (from Ch. 34, par. 3-6008)
Sec. 3-6008.
Deputies.
Each sheriff may appoint one or
more deputies, not exceeding the number allowed by the county board of his
or her county. No person who has ever been classified as a conscientious
objector by a local selective service draft board may be appointed as a
deputy sheriff.
(Source: P.A. 86-962; 87-738.)
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(55 ILCS 5/3-6008.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-6008.5. Veteran testing. An applicant who is a veteran, as that term is defined in 38 U.S.C. 101(2), who was discharged honorably or generally under honorable conditions no later than 6 months before applying may request examination to occur before the next scheduled examination date and, if requested, may be examined as soon as possible prior to the next examination date following receipt of the application. Once the applicant passes the examination and all other requirements to be on an eligibility list, the applicant shall be immediately placed on the eligibility list. Nothing in this Section waives eligibility for the applicant to receive military preference points during the application process or employment.
(Source: P.A. 103-623, eff. 1-1-25.) |
(55 ILCS 5/3-6009) (from Ch. 34, par. 3-6009)
Sec. 3-6009.
Appointment in writing.
Such appointment shall be in
writing, signed by the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6010) (from Ch. 34, par. 3-6010)
Sec. 3-6010.
Oath of deputy.
Each deputy shall, before entering upon
the duties of his or her office, take and subscribe an oath or affirmation,
in like form as is required of sheriffs, which shall be filed in the office
of the county clerk.
A sheriff, in addition to any other person authorized by law, may
administer the oath of office required of a deputy sheriff.
(Source: P.A. 89-391, eff. 1-1-96.)
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(55 ILCS 5/3-6011) (from Ch. 34, par. 3-6011)
Sec. 3-6011.
Special deputies.
A sheriff may appoint a special deputy
to serve any summons issued out of a court, by indorsement thereon,
substantially as follows: "I hereby appoint .... my special deputy, to
serve the within process," which shall be dated and signed by the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
Sec. 3-6012.
Auxiliary deputies.
The sheriff of any county in Illinois
may, with the advice and consent of the county board appoint auxiliary
deputies in such number as the county board shall from time to time deem
necessary. However, such number of appointed auxiliary deputies shall not
increase after January 1, 1982 if vacancies exist within the certified
ranks of the department. Such auxiliary deputies shall not be regular
appointed deputies pursuant to Section 3-6008, nor shall they be
members of a county police department established pursuant to Divisions 3-7
and 3-8.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6012.1)
Sec. 3-6012.1. Court security officers. The sheriff of any county in
Illinois with
less than 3,000,000 inhabitants may hire court security officers in such
number as the county
board shall from time to time deem necessary. Court security officers may be
designated by the Sheriff to attend courts and perform the functions set forth
in Section
3-6023. Court security officers shall have the authority to arrest; however,
such arrest powers shall be limited to performance of their official duties as
court security officers. Court security officers may carry weapons, upon which
they have been trained and qualified as permitted by law, at their place of
employment and to and from their place of employment with the consent of the
Sheriff. The court security officers shall be sworn officers of the Sheriff
and shall be primarily responsible for the security of the courthouse and its
courtrooms. The court security officers shall be under the sole control of
the sheriff of the county in which they are hired. No court security officer shall be subject to the jurisdiction of a Sheriff's Merit Commission unless the officer was hired through the Sheriff's Merit Commission's certified applicant process under Section 3-8010 of the Counties Code. They are not regular appointed deputies under
Section 3-6008. The position of court security officer shall not be considered
a rank when seeking initial appointment as deputy sheriff under Section
3-8011.
Every court security officer hired on or after June 1, 1997 (the effective date of Public Act 89-685)
shall serve a probationary period of 12 months during which time they may
be discharged at the will of the Sheriff.
(Source: P.A. 99-10, eff. 1-1-16; 100-201, eff. 8-18-17.)
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(55 ILCS 5/3-6012.2) Sec. 3-6012.2. Mental health specialists; sheriff's offices. Sheriff's offices shall ensure
that mental health resources, including counselors or therapists,
are available to each sheriff's office's employees, whether through
direct employment by that office, contract employment,
or other means.
(Source: P.A. 101-375, eff. 8-16-19.) |
(55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
Sec. 3-6013. Duties, training and compensation of auxiliary deputies. Auxiliary deputies shall not supplement members of the regular county
police department or regular deputies in the performance of their assigned
and normal duties, except as provided herein. Auxiliary deputies may be
assigned and directed by the sheriff to perform the following duties in
the county:
To aid or direct traffic within the county, to aid in control of natural
or human made disasters, to aid in case of civil disorder as assigned and
directed by the sheriff, provided, that in emergency cases which render it
impractical for members of the regular county police department or regular
deputies to perform their assigned and normal duties, the sheriff is hereby
authorized to assign and direct auxiliary deputies to perform such regular
and normal duties. Identification symbols worn by such auxiliary deputies
shall be different and distinct from those used by members of the regular
county police department or regular deputies. Such auxiliary deputies
shall at all times during the performance of their duties be subject to the
direction and control of the sheriff of the county. Such auxiliary deputies
shall not carry firearms, except with the permission of the sheriff, and
only while in uniform and in the performance of their assigned duties.
Auxiliary deputies, prior to entering upon any of their duties, shall
receive a course of training in the use of weapons and other police
procedures as shall be appropriate in the exercise of the powers
conferred upon them under this Division, which training and
course of study shall be determined and provided by the sheriff of each
county utilizing auxiliary deputies, provided that, before being
permitted to carry a firearm an auxiliary deputy must have the same
course of training as required of peace officers in Section 2 of the
Peace Officer and Probation Officer Firearm Training Act. The county authorities shall require
that all auxiliary deputies be residents of the county served by them.
Prior to the appointment of any auxiliary deputy his or her fingerprints
shall be taken and no person shall be appointed as such auxiliary deputy if
he or she has been convicted of a felony or other crime involving moral
turpitude.
Auxiliary deputies may receive such compensation as is set by the County Board, with the advice and consent of the Sheriff, not to exceed the lowest hourly pay of a full-time sworn member of the regular county police or sheriff's department and not be paid a salary, except as provided in
Section 3-6036, but may be reimbursed for actual expenses incurred in
performing their assigned duty. The County Board must approve such actual
expenses and arrange for payment.
Nothing in this Division shall preclude an auxiliary deputy from holding
a simultaneous appointment as an auxiliary police officer pursuant to Section
3-6-5 of the Illinois Municipal Code.
(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)
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(55 ILCS 5/3-6014) (from Ch. 34, par. 3-6014)
Sec. 3-6014.
Return by special deputy.
Such special deputy shall
make return in the time and manner of serving such process, under his or
her oath, and for making a false return he or she shall be guilty of
perjury, and punished accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6015) (from Ch. 34, par. 3-6015)
Sec. 3-6015.
Powers of deputies.
Deputy sheriffs, duly appointed and
qualified, may perform any and all the duties of the sheriff, in the name
of the sheriff, and the acts of such deputies shall be held to be acts of
the sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6015.5) Sec. 3-6015.5. Recall of deputy sheriffs; limit. A deputy sheriff who is retired for disability and is 60 years old or older may not be recalled to service in any capacity.
(Source: P.A. 103-33, eff. 6-9-23.) |
(55 ILCS 5/3-6016) (from Ch. 34, par. 3-6016)
Sec. 3-6016.
Sheriff liable for acts of deputy and auxiliary deputy.
The sheriff shall be liable for any neglect or omission of the duties of
his or her office, when occasioned by a deputy or auxiliary deputy, in the
same manner as for his or her own personal neglect or omission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6017) (from Ch. 34, par. 3-6017)
Sec. 3-6017.
Sheriff custodian of courthouse and jail.
He or she
shall have the custody and care of the courthouse and jail of his or her
county, except as is otherwise provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6018) (from Ch. 34, par. 3-6018)
Sec. 3-6018.
Counties under 1,000,000; control of internal
operations. In counties of less than 1 million population, the sheriff
shall control the internal operations of his office. Subject to the
applicable county appropriation ordinance, the sheriff shall direct the
county treasurer to pay, and the treasurer shall pay, the expenditures for
the sheriff's office, including payments for personal services, equipment,
materials and contractual services. Purchases of equipment by the sheriff
shall be made in accordance with any ordinance requirements for centralized
purchasing through another county office or through the state which are
applicable to all county offices.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6019) (from Ch. 34, par. 3-6019)
Sec. 3-6019.
Duties of sheriff; office quarters and
hours. Sheriffs shall serve and execute, within their respective
counties, and return all warrants, process, orders and judgments of
every description that may be legally directed or delivered to them.
A sheriff of a county with a population of less than 1,000,000 may employ
civilian personnel to serve process in civil matters. If an arrest warrant upon complaint under Section 107-9 of the Code of Criminal Procedure of 1963, or a warrant of arrest due to failure to appear under Section 107-12 of the Code, originated from a law enforcement agency other than the county sheriff's office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant. That law enforcement agency is responsible for entering the warrant into the Illinois Law Enforcement Agencies Data System (LEADS) and the National Crime Information Center Database (NCIC). The county sheriff may require the originating law enforcement agency to arrange for transportation of the wanted person to the county jail. Originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain, and provide transportation of the wanted person to the county jail. Any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment.
Each sheriff shall keep and maintain his or her office at the county seat of
the county for which he or she is the sheriff, and shall in counties having a
population of less than 500,000 keep his or her office open and attend to
the duties thereof from 8 o'clock in the forenoon to 5 o'clock in
the afternoon of each working day, excepting such days and half days as,
under any law, are or may be legal holidays, or half holidays.
The hours of opening and closing of the office of the
sheriff may be changed and otherwise fixed and determined by the county
board of such county. Such action taken by the county board
shall be by an appropriate resolution passed at a regular meeting.
(Source: P.A. 98-250, eff. 8-9-13.)
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(55 ILCS 5/3-6020) (from Ch. 34, par. 3-6020)
Sec. 3-6020.
Contempt of court; damages.
The disobedience of any
sheriff to perform the command of any warrant, process, order or judgment
legally issued to him or her, shall be deemed a contempt of the court that
issued the same, and may be punished accordingly; and he or she shall be
liable to the party aggrieved for all damages occasioned thereby.
No sheriff shall be civilly liable for serving, as directed by the court, any
warrant,
order, process, or judgment that has been issued or affirmed by a court of the
State of Illinois and that is valid on its face, unless the service involved
willful or
wanton misconduct by the sheriff.
(Source: P.A. 93-386, eff. 1-1-04.)
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(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021.
Conservator of the peace.
Each sheriff shall be
conservator of the peace in his or her county, and shall prevent crime and
maintain the safety and order of the citizens of that county; and may arrest
offenders on view, and cause them to be
brought before the proper court for trial or examination.
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
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(55 ILCS 5/3-6022) (from Ch. 34, par. 3-6022)
Sec. 3-6022.
Posse comitatus.
To keep the peace, prevent crime, or
to execute any warrant, process, order or judgment he or she may call to
his or her aid, when necessary, any person or the power of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
Sec. 3-6023. Attendance at courts. Each sheriff shall, in person or by
deputy, county corrections officer, or court security officer, attend upon
all courts held in his or her county when in session, and obey the lawful
orders and directions of the court, and shall maintain the security of the
courthouse. Court services customarily performed by sheriffs shall be provided
by the sheriff or his or her deputies, county corrections officers, or
court security officers, rather than by employees of the court, unless there
are no deputies, county corrections officers, or court security officers
available to perform such services. The expenses of the sheriff in carrying
out his or her duties under this Section, including the compensation of
deputies, county corrections officers, or court security officers assigned
to such services, shall be paid to the county from fees collected pursuant to
court order for services of the sheriff and from any court services fees
collected by the county under the Criminal and Traffic Assessment Act.
(Source: P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/3-6024) (from Ch. 34, par. 3-6024)
Sec. 3-6024.
Disability to hold other offices.
No sheriff or deputy
sheriff shall be eligible to the office of county treasurer, nor shall any
county treasurer be permitted to act as deputy sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6025) (from Ch. 34, par. 3-6025)
Sec. 3-6025.
No practice as attorney or security for another.
No sheriff or deputy sheriff shall appear in any court as
attorney at law for any party, or become security for any person in
any civil or criminal action or proceeding.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6026) (from Ch. 34, par. 3-6026)
Sec. 3-6026.
No purchase of property at own sale.
No sheriff
or deputy sheriff shall become the purchaser, nor procure any other person
to become the purchaser for him or her, of any property, real or personal,
by him or her exposed to sale, by virtue of any judgment or process; and
all such purchases made by any sheriff or deputy sheriff, or by any other
person in his or her behalf, shall be absolutely null and void.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6027) (from Ch. 34, par. 3-6027)
Sec. 3-6027.
Penalty for neglect to pay over money collected.
If any sheriff unreasonably neglects to pay any money collected by
him on execution, fee bill or process, when demanded by the person entitled
to receive the same, he may be proceeded against in the court from which
the execution, fee bill or process issued, as for a contempt; and he shall
also forfeit to the person injured five times the lawful interest of the
money, from the time of the demand until paid, which may be recovered by
action upon his bond, or against the sheriff alone, in any court of
competent jurisdiction.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6028) (from Ch. 34, par. 3-6028)
Sec. 3-6028.
Delivery of papers and property to successor.
When a sheriff leaves his or her office he or she shall deliver
to his or her successor all process, paper and property attached
or levied upon except such as he or she is authorized by law to
retain, and also the possession of the court house and jail of
his or her county, and shall take from his or her successor a
receipt, specifying the papers and property so delivered over,
and the prisoners in custody, if any--which receipt shall be
sufficient indemnity to the person taking the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6029) (from Ch. 34, par. 3-6029)
Sec. 3-6029.
Completion of collections.
Every sheriff leaving his or
her office at the expiration of his or her term, and having any judgment or
fee bill which he or she may have levied but not collected, or any tax list
uncollected, and which he or she is authorized to collect, may proceed and
collect the same in the same manner as if his or her term of office had not
expired.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6030) (from Ch. 34, par. 3-6030)
Sec. 3-6030.
Vacancy; power of deputies.
In case of a vacancy in the
office of sheriff, every deputy in office under him or her having a process
in his or her possession at the time such vacancy happens, shall have the
same authority and be under the same obligation to serve, execute and
return the same as if the sheriff had continued in office.
Any vacancy occurring in the office of sheriff shall be filled as
provided in The Election Code.
In counties of over 2,000,000 inhabitants, until a vacancy in the
office of sheriff is filled as provided in The Election Code, the
undersheriff shall be the acting sheriff with all the powers and duties
of a sheriff.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/3-6031) (from Ch. 34, par. 3-6031)
Sec. 3-6031.
Sheriff in military service.
If any sheriff enters
into the active military service of the United States, the office of
sheriff shall not be deemed to be vacant during the time the sheriff is in
such service, and the sheriff shall designate a deputy sheriff as acting
sheriff who shall perform and discharge all the duties of sheriff of such
county during the time such sheriff is in the active military service of
the United States, but all powers and duties of such acting sheriff as
sheriff shall cease upon the discharge of the sheriff from such service or
upon the termination of the term of office for which the sheriff was
elected. A certificate of such designation containing the name of the
designated deputy and the date of the appointment, signed and acknowledged
by the sheriff, shall be filed in the office of the circuit clerk of the
county on the date of the designation.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6032) (from Ch. 34, par. 3-6032)
Sec. 3-6032.
Minor identification and protection.
The sheriff
of each county shall comply with the requirements of Section 3 of the Minor
Identification and Protection Act.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
Sec. 3-6033. Citizenship and residence. The
sheriff of any county or the corporate
authorities of any municipality may authorize, empower, employ, or
permit a person to act as deputy sheriff or special policeman for the
purpose of preserving the peace who is a citizen of the United States, who is legally authorized under federal law to work in the United States and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or who is an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm.
(Source: P.A. 103-357, eff. 1-1-24.)
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(55 ILCS 5/3-6034) (from Ch. 34, par. 3-6034)
Sec. 3-6034.
Violations.
Any sheriff or public officer violating the
provision of Section 3-6033 shall be deemed guilty of a petty offense.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6035) (from Ch. 34, par. 3-6035)
Sec. 3-6035.
Supervisor of Safety.
The office of Supervisor of Safety
is hereby created for each county to be held by the Sheriff of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
Sec. 3-6036.
Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this State
and, within the municipalities in his county, the ordinances of such
municipalities relating to the regulation of motor vehicle traffic and
the promotion of safety on public highways. The Supervisor of Safety
shall advise the county board as to contracts negotiated regulating
traffic of parking areas of schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the execution of
such contracts. In those instances where contracts are being negotiated
between municipalities and schools, hospitals, commercial and industrial
facilities, shopping centers and
apartment complexes outside the corporate limits, the Supervisor of
Safety shall advise the county board. All such contracts shall be
negotiated in the manner of section 11-209 of The Illinois Vehicle
Code. Subject to the approval
of the county board, the Supervisor of Safety may appoint assistants to
aid him in carrying out his duties. The Supervisor of Safety shall
cooperate with the State and Federal governments and agencies thereof in
programs designed to promote safety on highways.
The Supervisor of Safety in counties of less than 1,000,000 inhabitants
may enter into cooperative contractual agreements with school districts in
his county, under which the school district hires, compensates and is
liable for one or more school crossing guards, and the Supervisor of
Safety, as sheriff of the county, appoints any such guard as an auxiliary
deputy, in the manner and under the terms of Sections 3-6001 through
3-6032.
This Section is not a prohibition upon the contractual and associational
powers granted by Article VII, Section 10 of the Illinois Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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(55 ILCS 5/3-6037) (from Ch. 34, par. 3-6037)
Sec. 3-6037.
Salary of Supervisor of Safety.
The county board may allow the
Supervisor of Safety an annual salary in an amount determined by the board.
The salary determined under this Section shall be
without regard to and separate from the salary that may be
fixed by the county board for the Sheriff, and it shall be payable out of
the County Treasury.
(Source: P.A. 92-616, eff. 7-8-02.)
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(55 ILCS 5/3-6038)
Sec. 3-6038. County impact incarceration program.
(a) With the approval of the county board, the sheriff in any
county with 3,000,000 or fewer inhabitants may operate an impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be eligible to
participate in the impact incarceration program, a person convicted of a felony
or a misdemeanor must meet the requirements set forth in subsection (b) of
Section 5-8-1.1 of the Unified Code of Corrections.
(b) The impact incarceration program shall include, among other matters,
mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, and drug or other
counseling where appropriate.
(c) Participation in the impact incarceration program by a committed person
serving a sentence for a misdemeanor shall be for a period of at least 7 days
for each 30 days of his or her term of imprisonment as set forth by the court
in its sentencing order. If the sentence of imprisonment is less than 30 days,
participation in the impact incarceration program shall be for a period
as determined by the court.
Participation in the impact incarceration program by a committed person
serving a sentence for a felony, including a person transferred from the
Illinois Department of Corrections under subsection (f), shall be for a period
of 120 to 180 days.
The period of time a committed person shall serve in the impact incarceration
program shall not be reduced by the accumulation of good time.
(d) The committed person shall serve a term of mandatory supervised release
as set forth in subsection (d) of Section 5-8-1 of the Unified Code of Corrections, if otherwise applicable.
(e) If the sheriff accepts the offender in the program and determines
that the offender has successfully completed the impact incarceration program,
the sentence shall be reduced to time considered served upon certification to
the court by the sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for placement in the impact
incarceration program or the offender does not successfully complete the
program, his or her term of imprisonment shall be as set forth by the court in
its sentencing order.
(f) The sheriff, with the approval of the county board,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of Corrections. An offender who successfully completes the county
impact incarceration program shall have his or her sentence reduced to time
considered served upon certification to the court by the Illinois Department of
Corrections that the offender has successfully completed the program.
(g) The sheriff, with the approval of the county board, shall have the
power to enter into intergovernmental agreements with the Illinois Department
of Corrections to receive funding, land, services, equipment, or any other form
of economic contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more counties.
(Source: P.A. 96-328, eff. 8-11-09.)
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(55 ILCS 5/3-6039)
Sec. 3-6039. County juvenile impact incarceration program.
(a) With the approval of the county board, the Department of Probation and
Court Services in any county
shall have the
power to operate a county juvenile impact incarceration program for
eligible
delinquent minors. If the court finds that a minor adjudicated a delinquent
meets the eligibility requirements of this Section, the court may in its
dispositional order approve the delinquent minor for placement in the county
juvenile impact incarceration program conditioned upon his or her acceptance
in the program by the Department of Probation and Court Services. The
dispositional order also shall provide that if the Department of Probation and
Court Services accepts the delinquent minor in the program and determines that
the delinquent minor has successfully completed the county juvenile impact
incarceration program, the delinquent minor's detention shall be reduced to
time considered served upon certification to the court by the Department of
Probation and Court Services that the delinquent minor has successfully
completed the program. If the delinquent minor is not accepted for placement
in the county juvenile impact incarceration program or the delinquent minor
does not successfully complete the program, his or her term of commitment shall
be as set forth by the court in its dispositional order. If the delinquent
minor does not successfully complete the program, time spent in the program
does not count as time served against the time limits as set forth in
subsection (f) of this Section.
(b) In order to be eligible to participate in the county juvenile impact
incarceration program, the delinquent minor must meet all of the following
requirements:
(1) The delinquent minor is at least 13 years of age.
(2) The act for which the minor is adjudicated | ||
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(3) The delinquent minor has not previously | ||
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(4) The delinquent minor is physically able to | ||
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(5) The delinquent minor does not have a mental | ||
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(6) The delinquent minor is recommended and approved | ||
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The court and the Department of Probation and Court Services may also
consider, among other matters, whether the delinquent minor has a history of
escaping or absconding, whether participation in the county juvenile impact
incarceration program may pose a risk to the safety or security of any person,
and whether space is available.
(c) The county juvenile impact incarceration program shall include, among
other matters, mandatory physical training and labor, military formation and
drills, regimented activities, uniformity of dress and appearance, education
and counseling, including drug counseling if appropriate, and must impart to
the delinquent minor principles of honor, integrity, self-sufficiency,
self-discipline, self-respect, and respect for others.
(d) Privileges of delinquent minors participating in the county juvenile
impact incarceration program, including visitation, commissary, receipt and
retention of property and publications, and access to television, radio, and a
library, may be suspended or restricted, at the discretion of the Department of
Probation and Court Services.
(e) Delinquent minors participating in the county juvenile impact
incarceration program shall adhere to all rules promulgated by the Department
of Probation and Court Services and all requirements of the program.
Delinquent minors shall be informed of rules of behavior and conduct.
Disciplinary procedures required by any other law or county ordinance are not
applicable.
(f) Participation in the county juvenile impact incarceration program by a
minor adjudicated delinquent for an act constituting a misdemeanor shall be for
a period of at least 7 days but less than 120 days as determined by the
Department of Probation and Court Services. Participation in the county
juvenile impact incarceration program by a minor adjudicated delinquent for an
act constituting a felony shall be for a period of 120 to 180 days as
determined by the Department of Probation and Court Services.
(g) A delinquent minor may be removed from the program for a violation
of the terms or conditions of the program or if he or she is for any
reason unable to participate. The Department of Probation and Court Services
shall promulgate rules governing conduct that could result in removal from the
program or in a determination that the delinquent minor has not successfully
completed the program. Delinquent minors shall have access to
these rules. The rules shall provide that the delinquent minor shall receive
notice and have the opportunity to appear before and address the
Department of Probation and Court Services or a person appointed by the
Department of Probation and Court Services for this purpose. A delinquent
minor may be transferred to any juvenile facilities prior to the hearing.
(h) If the Department of Probation and Court Services accepts the delinquent
minor in the program and determines that the delinquent minor has successfully
completed the county juvenile impact incarceration program, the court shall
discharge the minor from custody upon certification to the court by the
Department of Probation and Court Services that the delinquent minor has
successfully completed the program. In the event the delinquent minor is not
accepted for placement in the county juvenile impact incarceration program or
the delinquent minor does not successfully complete the program, his or her
commitment to the Department of Juvenile Justice or juvenile
detention shall be as set forth by the court in its dispositional order.
(i) The Department of Probation and Court Services, with the approval of the
county board, shall have the power to enter into intergovernmental cooperation
agreements
with the Illinois Department of Juvenile Justice under which
delinquent minors committed to the Illinois Department of Juvenile Justice may participate in the county juvenile impact incarceration program.
A delinquent minor who successfully completes the county juvenile impact
incarceration program shall be discharged from custody upon certification to
the court by the Illinois Department of Juvenile Justice that
the delinquent minor has successfully completed the program.
(Source: P.A. 94-696, eff. 6-1-06.)
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(55 ILCS 5/3-6040) Sec. 3-6040. Automated external defibrillators. The sheriff of each county shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that: (1) his or her office is equipped with an operational | ||
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(2) an adequate number of personnel in his or her | ||
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(Source: P.A. 99-246, eff. 1-1-16.) |
(55 ILCS 5/3-6041) Sec. 3-6041. Military equipment surplus program. (a) For purposes of this Section: "Bayonet" means a large knife designed to be attached to the muzzle of a rifle, shotgun, or long gun for the purpose of hand-to-hand combat. "Grenade launcher" means a firearm or firearm accessory used to launch fragmentary explosive rounds designed to inflict death or cause great bodily harm. "Military equipment surplus program" means any federal or State program allowing a law enforcement agency to obtain surplus military equipment including, but not limited to, any program organized under Section 1122 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or Section 1033 of the National Defense Authorization Act for Fiscal Year 1997 (Pub. L. 104-201) or any program established under 10 U.S.C. 2576a. "Tracked armored vehicle" means a vehicle that provides ballistic protection to its occupants and utilizes a tracked system instead of wheels for forward motion not including vehicles listed in the Authorized Equipment List as published by the Federal Emergency Management Agency. "Weaponized aircraft, vessel, or vehicle" means any aircraft, vessel, or vehicle with weapons installed. (b) A sheriff's department shall not request or receive from any military equipment surplus program nor purchase or otherwise utilize the following equipment: (1) tracked armored vehicles; (2) weaponized aircraft, vessels, or vehicles; (3) firearms of .50-caliber or higher; (4) ammunition of .50-caliber or higher; (5) grenade launchers; or (6) bayonets. (c) A home rule county may not regulate the acquisition of equipment in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule counties of powers and functions exercised by the State. (d) If the sheriff requests property from a military equipment surplus program, the sheriff shall publish notice of the request on a publicly accessible website maintained by the sheriff or the county within 14 days after the request.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) |
(55 ILCS 5/3-6042) Sec. 3-6042. Retiring employee; purchase of service firearm and badge. Each Sheriff shall establish a program to allow an employee of the Sheriff's Department who is honorably retiring in good standing to purchase either one or both of the following: (1) any badge previously issued to the employee by the Sheriff's Department; or (2) if the employee has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the employee by the Sheriff's Department. The badge must be permanently and conspicuously marked in such a manner that the individual who possesses the badge is not mistaken for an actively serving law enforcement officer. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 102-719, eff. 5-6-22.) |
(55 ILCS 5/Div. 3-7 heading) Division 3-7.
Cook County Sheriff's Merit Board
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(55 ILCS 5/3-7001) (from Ch. 34, par. 3-7001)
Sec. 3-7001.
Maintenance of county police department.
The Sheriff
in each county having more than 1,000,000 inhabitants shall maintain a
division to be known as the County Police Department and to consist of such
deputy sheriffs charged with the duty of law enforcement in such county as
may be selected as hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
Sec. 3-7002. Cook County Sheriff's Merit Board. There is created the
Cook County Sheriff's Merit Board, hereinafter called the Board, consisting
of not less than 3 and not more than 7 members appointed by the Sheriff with the advice and consent of
three-fifths of the county
board, except that the Sheriff may appoint 2 additional members, with the advice and
consent of three-fifths of the county board, at his or her discretion. Of the members first
appointed, one shall serve until the third Monday in March, 1965 one until the
third Monday in March, 1967, and one until the third Monday in March, 1969. Of
the 2 additional members first appointed under authority of this amendatory Act
of 1991, one shall serve until the third Monday in March, 1995, and one until
the third Monday in March, 1997.
Of the 2 additional members first appointed under the authority of this
amendatory Act of
the 91st General Assembly, one shall serve until the third Monday in March,
2005 and
one shall serve until the third Monday in March, 2006.
Upon the expiration of the terms of office of those first appointed
(including the 2 additional members first appointed under authority of
this amendatory Act of 1991 and under the authority of this amendatory Act of
the
91st General Assembly), their respective successors shall be
appointed to hold office from the third Monday in March of the year of
their respective appointments for a term of 6 years and until their
successors are appointed and qualified for a like term. As additional
members are appointed under authority of this amendatory Act of 1997, their
terms shall be set to be staggered consistently with the terms of the existing
Board members. Notwithstanding any provision in this Section to the contrary, the term of office of each member of the Board is abolished on the effective date of this amendatory Act of the 100th General Assembly. Of the 7 members first appointed after the effective date of this Act of the 100th General Assembly, 2 shall serve until the third Monday in March 2019, 2 shall serve until the third Monday in March 2021, and 3 members shall serve until the third Monday in March 2023. The terms of the 2 additional members first appointed after the effective date of this Act of the 100th General Assembly shall be staggered consistently with the terms of the other Board members. Successors or reappointments shall be appointed to hold office for a term ending on the third Monday in March 6 years following the preceding term expiration. Each member of the Board shall hold office until his or her successor is appointed and qualified or the member is reappointed. In all appointments, the county board has the power to approve terms to ensure the Board fulfills its mandate. In the case of a vacancy in the office of a member prior to the conclusion of the member's term, the Sheriff shall, with the advice and consent of three-fifths of the county board, appoint a person to serve for the remainder of the unexpired term. No more than one-half plus one of the
members of the Board shall be affiliated with the same political party. Political affiliation is determined, for purposes of this Section, as the political affiliation an appointed member has or does not have at the time the appointment is approved by the county board and shall continue to be so determined until the member discontinues serving on the Board. No member shall have held or have
been a candidate for an elective public office within one year preceding his or
her appointment.
The Sheriff may deputize members of the Board.
(Source: P.A. 100-562, eff. 12-8-17; 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7003) (from Ch. 34, par. 3-7003)
Sec. 3-7003.
Compensation and expenses of board members.
Each
member of the Board shall receive compensation for
each day during which he is engaged in transacting the business of the
Board and, in addition thereto, his actual traveling and other expenses
necessarily incurred in discharging the duties of his office. No member of
the Board shall receive compensation of more than $25,000 in
any
fiscal year, except that
the Chairman shall receive compensation of no
more than $30,000 in any fiscal year. Such compensation expenses shall
be paid by the county.
(Source: P.A. 91-722, eff. 6-2-00.)
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(55 ILCS 5/3-7004) (from Ch. 34, par. 3-7004)
Sec. 3-7004. Clerical and technical staff assistants and hearing officers. The Board is
authorized to employ such clerical and technical staff assistants as may be
necessary to enable the Board to transact its business and to fix their
compensation. The Board is authorized to employ hearing officers to conduct hearings under Section 3-7012. Hearing officers employed by the Board shall be qualified to hold the position as determined by the Board. Hearing officers shall be attorneys licensed to practice law in this State.
(Source: P.A. 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
Sec. 3-7005.
Meetings.
As soon as practicable after the members
of the Board have been appointed, they shall meet, upon the call of the
Sheriff, and shall organize by selecting a chairman and a secretary. The
initial chairman and secretary, and their successors, shall be selected by
the Board from among its members for a term of 2 years or for the remainder
of their term of office as a member of the Board, whichever is the shorter.
Two members of the Board shall constitute a quorum for
the transaction of
business, except that as additional members are appointed under authority of
this amendatory Act of 1997, the number of members that must be present to
constitute a quorum shall be the number of members that constitute at least 40%
of the Board. The Board shall hold regular quarterly meetings and such other
meetings as may be called by the chairman.
(Source: P.A. 90-447, eff. 8-16-97; 90-511, eff. 8-22-97; 90-655, eff.
7-30-98.)
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(55 ILCS 5/3-7006) (from Ch. 34, par. 3-7006)
Sec. 3-7006.
Rules, regulations and procedures; ranks.
Pursuant
to recognized merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations and procedures for
its operation and the transaction of its business. The Board shall
establish a classification of ranks including those positions which shall
be exempt from merit classification. The Board shall establish a
classification of ranks of the deputy sheriffs in the County Police
Department, a classification of all correctional officer employees in the
County Department of Corrections, and a classification of all full-time
deputy sheriffs not employed as county police officers or county
corrections officers and shall set standards and qualifications for each
such rank and employee.
For the purposes of this Division, "full-time" means an average work week
of 40 hours throughout the calendar year.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7007)
Sec. 3-7007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008) (Text of Section before amendment by P.A. 103-623)
Sec. 3-7008. Appointments. The appointment of deputy sheriffs in the
Police Department, full-time deputy sheriffs not employed as county police
officers or county corrections officers and of employees in the Department
of Corrections shall be made from those applicants who have been certified
by the Board as being qualified for appointment. Certification for
appointment in one department shall not constitute certification for
appointment in another department. Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff's application process. All persons so appointed shall, at the
time of their appointment, be not less than 21 years of age, or 20 years of
age and have successfully completed 2 years of law enforcement studies at
an accredited college or university. Any person appointed subsequent to
successful completion of 2 years of such law enforcement studies shall not
have power of arrest, nor shall he or she be permitted to carry firearms,
until he or she reaches 21 years of age. Any person appointed shall be a citizen of the United States, an individual who is legally authorized to work
in the United States under federal law and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and who is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm. In addition,
all persons so appointed shall be not more than the maximum age limit fixed
by the Board from time to time, be of sound mind and body, be of good moral
character, have not been convicted of a crime
which the Board considers to be detrimental to the applicant's ability to
carry out his or her duties, possess such prerequisites of training, education
and experience as the Board may from time to time prescribe, and shall be
required to pass successfully mental, physical, psychiatric and other tests
and examinations as may be prescribed by the Board. Preference shall be
given in such appointments to persons who have honorably served in the
military or naval services of the United States. All appointees shall serve a
probationary period of 12 months and during that period may be discharged
at the will of the Sheriff. However, civil service employees of the house
of correction who have certified status at the time of the transfer of the
house of correction to the County Department of Corrections are not subject
to this probationary period, and they shall retain their job titles, such
tenure privileges as are now enjoyed and any subsequent title changes shall
not cause reduction in rank or elimination of positions.
(Source: P.A. 103-357, eff. 1-1-24.)
(Text of Section after amendment by P.A. 103-623) Sec. 3-7008. Appointments. The appointment of deputy sheriffs in the Police Department, full-time deputy sheriffs not employed as county police officers or county corrections officers and of employees in the Department of Corrections shall be made from those applicants who have been certified by the Board as being qualified for appointment. Certification for appointment in one department shall not constitute certification for appointment in another department. Certification may be made at any point prior to appointment and may be made in conjunction with the Sheriff's application process. All persons so appointed shall, at the time of their appointment, be not less than 21 years of age, or 20 years of age and have successfully completed 2 years of law enforcement studies at an accredited college or university. Any person appointed subsequent to successful completion of 2 years of such law enforcement studies shall not have power of arrest, nor shall he or she be permitted to carry firearms, until he or she reaches 21 years of age. Any person appointed shall be a citizen of the United States, an individual who is legally authorized to work in the United States under federal law and is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm, or an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process and who is authorized under federal law to obtain, carry, or purchase or otherwise possess a firearm. In addition, all persons so appointed shall be not more than the maximum age limit fixed by the Board from time to time, be of sound mind and body, be of good moral character, have not been convicted of a crime which the Board considers to be detrimental to the applicant's ability to carry out his or her duties, possess such prerequisites of training, education and experience as the Board may from time to time prescribe, and shall be required to pass successfully mental, physical, psychiatric and other tests and examinations as may be prescribed by the Board. Preference shall be given in such appointments to persons who have honorably served in the military or naval services of the United States. All appointees shall serve a probationary period of 12 months and during that period may be discharged at the will of the Sheriff. However, civil service employees of the house of correction who have certified status at the time of the transfer of the house of correction to the County Department of Corrections are not subject to this probationary period, and they shall retain their job titles, such tenure privileges as are now enjoyed and any subsequent title changes shall not cause reduction in rank or elimination of positions. An applicant who is a veteran, as that term is defined in 38 U.S.C. 101(2), who was discharged honorably or generally under honorable conditions no later than 6 months before applying may request examination to occur before the next scheduled examination date and, if requested, may be examined as soon as possible prior to the next examination date following receipt of the application. Once the applicant passes the examination and all other requirements to be on an eligibility list, the applicant shall be immediately placed on the eligibility list. Nothing in this paragraph waives eligibility for the applicant to receive military preference points during the application process or employment. (Source: P.A. 103-357, eff. 1-1-24; 103-623, eff. 1-1-25.) |
(55 ILCS 5/3-7009) (from Ch. 34, par. 3-7009)
Sec. 3-7009.
Promotions.
Promotion of deputy sheriffs in the
County Police Department, full-time deputy sheriffs not employed as county
police officers or county corrections officers, and of employees in the
County Department of Corrections shall be made by the sheriff from those
candidates who have been certified to him as being qualified for promotion.
Certification for promotion in one department shall not constitute
certification for promotion in another department. The
Board shall make certifications for promotions on the basis of ascertained
merit, experience and physical, mental and other tests and examinations.
Those promoted shall serve a probationary period of 12 months and during
that period may be reduced to their former rank at the will of the Board.
Employees of the house of correction whose names, at the time of the
transfer of the house of correction to the County Department of
Corrections, appear on a civil service promotional register, shall retain
the same status insofar as their eligibility to comparable positions in the
employ of the County Department of Corrections is concerned.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7010) (from Ch. 34, par. 3-7010)
Sec. 3-7010.
Rules governing appointments and promotions.
All
appointments and promotions shall be made in accordance with the provisions
of this Division and the rules and regulations of the Board without
considering the political affiliation of any applicant.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7011) (from Ch. 34, par. 3-7011)
Sec. 3-7011. Disciplinary measures. Disciplinary measures
prescribed by the Board may be taken by the sheriff for the
punishment of infractions of the rules and regulations promulgated
by the Board. Such disciplinary measures may include suspension
of any deputy sheriff in the County Police Department, any
full-time deputy sheriff not employed as a county police officer
or county corrections officer and any employee in the County
Department of Corrections and any other discipline that does not constitute termination or demotion without complying with the provisions of Section 3-7012 hereof.
(Source: P.A. 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7012) (from Ch. 34, par. 3-7012)
Sec. 3-7012. Removal, demotion or suspension. Except as is
otherwise provided in this Division, no deputy sheriff in
the County Police Department, no full-time deputy sheriff not employed
as a county police officer or county corrections officer and no employee in
the County Department of Corrections shall be removed, demoted or suspended
except for cause, upon written charges filed with the Board by the Sheriff
and a hearing before the Board thereon upon not less than 10 days' notice
at a place to be designated by the chairman thereof. At such hearing, the
accused deputy sheriff shall be afforded full opportunity to be heard in
his or her own defense and to produce proof in his or her defense. The
Board shall have the power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers in
support of the charges and for the defense. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts of this State, and shall be paid in the same manner as other
expenses of the Board. Each member of the Board shall have the power to
administer oaths or affirmations. If the charges against an accused deputy
sheriff are established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion, suspension for
a period of not more than 180 days, or such other disciplinary punishment
as may be prescribed by the rules and regulations of the Board which, in
the opinion of the members thereof, the offense merits. The Board shall render its decision no later than 120 days following the conclusion of any hearings conducted under this Section. Thereupon the
sheriff shall direct such removal or other punishment as ordered by the
Board and if the accused deputy sheriff refuses to abide by any such
disciplinary order, the sheriff shall remove him or her forthwith. On and after June 1, 2018, for an appointed officer rank subject to hearing under this Section that is covered by a collective bargaining agreement, disciplinary measures and the method of review of those measures are subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section. Within 21 days after the conclusion of a hearing overseen by a hearing officer appointed under Section 3-7004, the hearing officer shall issue a recommended order in writing, which shall include findings of fact and a determination of whether cause for discipline has been established by the Sheriff. The hearing officer shall also recommend whether discipline should be imposed and the level of the discipline. Any hearing officer may issue the recommended order. Within 21 days after receipt of service of the recommended order, the Sheriff and the respondent may file with the board written exceptions to any part of the order. Exceptions shall be supported by argument and served on all parties at the time they are filed. If no exceptions are filed, the recommended order shall become the order of the board without further review. The board may set any further rules in accordance with this Section.
In case of the neglect or refusal of any person to obey a subpoena
issued by the Board, any circuit court or a judge thereof, upon application
of any member of the Board, may order such person to appear before the
Board and give testimony or produce evidence, and any failure to obey such
order is punishable by the court as a contempt thereof.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of any order of the Board rendered pursuant to the
provisions of this Section.
(Source: P.A. 100-912, eff. 8-17-18.)
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(55 ILCS 5/3-7013) (from Ch. 34, par. 3-7013)
Sec. 3-7013.
Political activities.
No deputy sheriff in the County
Police Department and no employee in the County Department of Corrections
shall participate in any manner in the activities or interests of any
political party or of any candidate for public office or for the nomination
therefor, nor participate in any manner in any political campaign for the
nomination or election of candidates for public office. Violation of any
provision hereof shall be cause for removal of any deputy sheriff or
employee so offending. Nothing contained herein shall be deemed to
interfere with the right of any person to vote for any candidate and upon
any issue as his reason and conscience may dictate.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7014) (from Ch. 34, par. 3-7014)
Sec. 3-7014.
Appropriations.
A sufficient sum of money shall be
appropriated each year by the county board to carry out the provisions of
this Division in the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7015) (from Ch. 34, par. 3-7015)
Sec. 3-7015.
Investigations by Board.
The Board shall investigate
the enforcement of this Division and its rules, and the conduct and action
of the appointees herein provided for. In the course of such investigation
each member of the Board is empowered to administer oaths, and the Board
has the power to secure by subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to such
investigations.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7016) (from Ch. 34, par. 3-7016)
Sec. 3-7016.
Certification of appointments, vacancies and findings.
The Board shall certify to the county clerk or other auditing officers,
all appointments to offices and places as may be classified, and all
vacancies occurring therein, whether by dismissal, resignation, or death,
and all findings made or approved by the Board under the provisions of
Section 3-7012, that a person may be discharged from the classified service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-7017) (from Ch. 34, par. 3-7017)
Sec. 3-7017.
Payments of salaries or wages.
No county clerk,
comptroller or other auditing officer of the county shall approve the
payment of, or be in any manner concerned in paying salary or wages to any
person for services as an officer or employee of the county unless such
person is occupying an office or place of employment according to the
provisions of law and is entitled to payment.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 3-8 heading) Division 3-8.
Sheriff's Merit System
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(55 ILCS 5/3-8001) (from Ch. 34, par. 3-8001)
Sec. 3-8001.
Subtitle.
This Division shall be subtitled
the "Sheriff's Merit System Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8002) (from Ch. 34, par. 3-8002) Sec. 3-8002. Applicability and adoption. The county board of every county having a county police department merit board established under the County Police Department Act (repealed) or a merit commission for sheriff's personnel established under Section 58.1 of "An Act to revise the law in relation to counties", approved March 31, 1874, as amended (repealed), shall adopt and implement the merit system provided by this Division and shall modify the merit system now in effect in that county as may be necessary to comply with this Division. The county board of any county having a population of less than 1,000,000 which does not have a merit board or merit commission for sheriff's personnel may adopt and implement by ordinance the merit system provided by this Division. If the county board does not adopt such a merit system by an ordinance and if a petition signed by not fewer than 5% or 1000, whichever is less, of the registered electors of any such county is filed with the county clerk requesting a referendum on the adoption of a merit system for deputies in the office of the Sheriff, the county board shall, by appropriate ordinance, cause the question to be submitted to the electors of the county, at a special or general election specified in such ordinance, in accordance with the provisions of Section 28-3 of the Election Code. Notice of the election shall be given as provided in Article 12 of that Code. If a majority of those voting on the proposition at such election vote in favor thereof, the county board shall adopt and implement a merit system provided in this Division. When a merit board or merit commission for sheriff's personnel has been established in a county, it may be abolished by the same procedure in which it was established. This Division does not apply to any county having a population of more than 1,000,000 nor to any county which has not elected to adopt the merit system provided by this Division and which is not required to do so under this Section.(Source: P.A. 103-605, eff. 7-1-24.) |
(55 ILCS 5/3-8003) (from Ch. 34, par. 3-8003)
Sec. 3-8003.
Appointment of Merit Commission.
Any
ordinance providing for the adoption and implementation of a merit system
under this Division shall provide for the appointment of a
Sheriff's Office Merit Commission consisting of 3 or 5 members appointed
by the sheriff with the approval of a majority of the members of the county
board. If the sheriff fails to make the appointments within 60 days after
the adoption of the ordinance, the members of the commission shall be appointed
by the chairman of the county board with the approval of a majority of the
members of the county board. No member of the commission shall hold a
statutory partisan political office.
Of the initial appointments to a 3-member Commission, one shall
be for a term of 2 years, one for a term of 4 years and one for a term
of 6 years. Of the initial appointments to a 5-member Commission, one shall
serve for a term of 2 years, one for a term of 3 years, one for a term of
4 years, one for a term of 5 years, and one for a term of 6 years. If a
3-member Commission is increased to a 5-member Commission, the additional
members shall be appointed to serve for terms of 3 and 5 years, respectively.
The respective successors of the initial members shall be appointed in the
same manner as the original appointments for 6 year terms.
If a vacancy occurs in the office of a commissioner, the
sheriff, with the approval of a majority of the members of the
county board, shall appoint a suitable person to serve
the unexpired portion of that commissioner's term. If the sheriff fails
to appoint a person to fill the vacancy within 30 days, the chairman of
the county board shall appoint a person to fill the unexpired portion of
the term, with the approval of a majority of the members of the county board.
In a 3-member Commission, no more than 2 of the members appointed may be
affiliated with the same political party. In a 5-member Commission, no
more than 3 members may be affiliated with the same political party.
However, in any county which has created a merit board or merit commission
for sheriff's employees under prior law, the members of that board or
commission shall serve out the unexpired portions of their respective terms
and shall carry out their duties in accordance with this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8004) (from Ch. 34, par. 3-8004)
Sec. 3-8004.
Removal of Merit Commission.
No member of a Merit
Commission shall be removed except for palpable incompetence or malfeasance
in office upon written charges filed by or at the direction of the sheriff
or the county board and heard before the Board of Hearings provided for in
this Section. The chief judge for the judicial circuit in which the county
is situated and the 2 circuit judges who have longest held judicial office
shall constitute the Board of Hearing. If 2 or more circuit judges have
held judicial office for the same longest or next longest length of time,
choice among those circuit judges shall be made by lot. If there are only
2 circuit judges in the circuit embracing the county, then those 2 judges
shall select the third member of the Board of Hearing from among the
circuit judges in contiguous circuits.
The Board of Hearings shall hear and determine the charges and its
findings shall be final. If the charges are sustained, the member of the
Commission so charged shall be forthwith removed from office by the Board
of Hearings and the sheriff with the approval of a majority of the members
of the county board shall thereupon proceed to fill the vacancy created by
such removal. In any proceeding provided for in this Section, the Board of
Hearings and each member thereof, shall have power to administer oaths and
to compel by subpoena the attendance and testimony of witnesses and the
production of books and papers.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8005) (from Ch. 34, par. 3-8005)
Sec. 3-8005.
Meetings; officers.
As soon as practicable after the
members of the Merit Commission have been appointed, the sheriff shall call
the first meeting and they shall meet and organize by selecting a chairman,
a vice chairman and a secretary. The initial officers and their successor
shall be selected by the Commission from among its members for a term of 2
years or for the remainder of their term of office as a member of the
Commission, whichever is shorter. Two members of a three-member
Commission, or 3 members of a five-member Commission, shall constitute a
quorum for the transaction of business. The Commission shall hold regular
quarterly meetings and such other meetings as may be called by the Commission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8006) (from Ch. 34, par. 3-8006)
Sec. 3-8006.
Appropriations.
A sufficient sum of
money shall be provided each year by the county board to carry out the
provisions of this Division. The county board may establish
per diem compensation for members of the Commission and shall allow
reimbursement for reasonable and necessary expenses.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)
Sec. 3-8007. Duties and jurisdiction of commission. The Merit
Commission shall have the duties, pursuant to recognized merit principles
of public employment, of certification for employment and promotion, and,
upon complaint of the sheriff or State's Attorney as limited in this
Division, to discipline or discharge as the circumstances may warrant. All
full time deputy sheriffs shall be under the jurisdiction of this Act and
the county board may provide that other positions, including jail officers,
as defined in "An Act to revise the law in relation to jails and jailers",
approved March 3, 1874, as now or hereafter amended (repealed), shall be
under the jurisdiction of the Commission. There may be exempted from
coverage by resolution of the county board a "chief deputy" or "chief
deputies" who shall be vested with all authorities granted to deputy
sheriffs pursuant to Section 3-6015. "Chief Deputy" or "Chief Deputies" as
used in this Section include the personal assistant or assistants of the
sheriff whether titled "chief deputy", "undersheriff", or "administrative
assistant".
(Source: P.A. 99-642, eff. 7-28-16.)
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(55 ILCS 5/3-8008) (from Ch. 34, par. 3-8008)
Sec. 3-8008.
Prior appointments.
Notwithstanding anything in this
Division to the contrary, any person certified pursuant to a merit system
in effect before January 1, 1981 shall remain under the jurisdiction of the
Commission. Any certified person appointed and serving before January 1,
1981 shall not be subject to the provisions of Section 3-8010.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8009) (from Ch. 34, par. 3-8009)
Sec. 3-8009.
Rules and regulations.
Pursuant to
recognized merit principles of public employment, the Commission
shall formulate, adopt and put into effect, rules, regulations and
procedures for its operation and the transaction of its business.
The Commission shall set standards and qualifications for each class.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8010) (from Ch. 34, par. 3-8010)
(Text of Section before amendment by P.A. 103-623)
Sec. 3-8010.
Certification of applicants.
The appointment of
all personnel subject to the jurisdiction of the Merit Commission shall
be made by the sheriff from those applicants who have been certified by
the Commission as being qualified for appointment. A Commission may, by
its rules and regulations, set forth the minimum requirements for
appointment to any position. In addition, the Commission's review of any
application may include examinations, investigations or any other method
consistent with recognized merit principles, which in the judgment of the
Commission is reasonable and practical for any particular classification.
Different examining procedures may be set for the examinations in different
classifications but all examinations in the same classification shall be
uniform. However, the Merit Commission may by regulation provide that
applicants who have served with another sheriff's office, a police
department, or any other law enforcement agency, or who are graduate law
enforcement interns as defined in the Law Enforcement Intern Training Act,
may be exempt from one or more of the minimum requirements for appointment.
Preference may be given in such appointments to persons who have honorably
served in the military or naval services of the United States.
The sheriff shall make appointments from those persons certified
by the Commission as qualified for appointment. If the sheriff rejects
any person so certified, the sheriff shall notify the Commission in writing
of such rejection.
The rules and regulations of a Commission shall provide that all
initial appointees shall serve a probationary period of 12 months during
which time they may be discharged at the will of the sheriff.
(Source: P.A. 92-83, eff. 7-12-01.)
(Text of Section after amendment by P.A. 103-623) Sec. 3-8010. Certification of applicants. The appointment of all personnel subject to the jurisdiction of the Merit Commission shall be made by the sheriff from those applicants who have been certified by the Commission as being qualified for appointment. A Commission may, by its rules and regulations, set forth the minimum requirements for appointment to any position. In addition, the Commission's review of any application may include examinations, investigations or any other method consistent with recognized merit principles, which in the judgment of the Commission is reasonable and practical for any particular classification. Different examining procedures may be set for the examinations in different classifications but all examinations in the same classification shall be uniform. However, the Merit Commission may by regulation provide that applicants who have served with another sheriff's office, a police department, or any other law enforcement agency, or who are graduate law enforcement interns as defined in the Law Enforcement Intern Training Act, may be exempt from one or more of the minimum requirements for appointment. Preference may be given in such appointments to persons who have honorably served in the military or naval services of the United States. An applicant who is a veteran, as that term is defined in 38 U.S.C. 101(2), who was discharged honorably or generally under honorable conditions no later than 6 months before applying may request examination to occur before the next scheduled examination date and, if requested, may be examined as soon as possible prior to the next examination date following receipt of the application. Once the applicant passes the examination and all other requirements to be on an eligibility list, the applicant shall be immediately placed on the eligibility list. Nothing in this paragraph waives eligibility for the applicant to receive military preference points during the application process or employment. The sheriff shall make appointments from those persons certified by the Commission as qualified for appointment. If the sheriff rejects any person so certified, the sheriff shall notify the Commission in writing of such rejection. The rules and regulations of a Commission shall provide that all initial appointees shall serve a probationary period of 12 months during which time they may be discharged at the will of the sheriff.(Source: P.A. 103-623, eff. 1-1-25.)
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(55 ILCS 5/3-8011) (from Ch. 34, par. 3-8011)
Sec. 3-8011.
Certification for promotion.
Whenever a position
in a higher rank is to be filled, the Merit Commission shall certify
to the sheriff the names of eligible persons who stand highest upon
the promotional register for the rank to which the position belongs.
The Commission shall make certifications for promotion on the basis
of ascertained merit, seniority of service, and physical and other
qualifying examinations.
The sheriff shall appoint from those whose names were certified.
If the sheriff rejects all persons so certified, he shall state his
reasons for such refusal in writing to the Commission.
All vacancies in all ranks of deputy sheriff above the
lowest shall be filled by promotion, except that the Merit
Commission may by regulation provide that a former sheriff may
be appointed by a successor sheriff of the same county
to any rank after he has been certified by the Commission or
that applicants who have served with another sheriff's
office, a police department, or any other law enforcement agency,
may be given credit for time so served and may receive
an initial appointment to a rank above the lowest.
Persons appointed to a higher rank shall be on probation in such
higher rank for a period of 12 months. Such appointees may be
demoted by the sheriff to their former rank at any time during the
period of probation, if, in the opinion of the sheriff, they have
failed to demonstrate the ability and the qualifications necessary
to furnish satisfactory service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8012) (from Ch. 34, par. 3-8012)
Sec. 3-8012.
Political affiliation.
All appointments and promotions
shall be made in accordance with the provisions of this Division and the rules
and regulations of the Commission, without consideration of the political
affiliation of any applicant.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8013) (from Ch. 34, par. 3-8013)
Sec. 3-8013. Disciplinary measures. Disciplinary measures for actions
violating either the rules and regulations of the Commission or the internal
procedures of the sheriff's office may be taken by the sheriff. Such
disciplinary measures may include suspension of any certified person for
reasonable periods, not exceeding a cumulative
30 days in any 12-month period. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process.
(Source: P.A. 95-136, eff. 1-1-08.)
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(55 ILCS 5/3-8014) (from Ch. 34, par. 3-8014)
Sec. 3-8014. Removal, demotion or suspension. Except as is otherwise
provided in this Division, no certified person shall be removed, demoted or
suspended except for cause, upon written charges filed with the Merit
Commission by the sheriff. Upon the filing of such a petition, the sheriff
may suspend the certified person pending the decision of the Commission on
the charges. After the charges have been heard, the Commission may direct
that the person receive his pay for any part or all of this suspension
period, if any.
The charges shall be heard by the Commission upon not less
than 14 days' certified notice. At such hearing, the accused certified
person shall be afforded full opportunity to be represented by
counsel, to be heard in his own defense and to produce proof
in his defense. Both the Commission and the sheriff may be
represented by counsel. The State's Attorney of the applicable
county may advise either the Commission or the sheriff. The
other party may engage private counsel to advise it.
The Commission shall have the power to secure by
its subpoena both the attendance and testimony of witnesses
and the production of books and papers in support of the charges
and for the defense. Each member of the Commission shall have
the power to administer oaths.
If the charges against an accused person are established
by the preponderance of evidence, the Commission shall
make a finding of guilty and order either removal, demotion, loss
of seniority, suspension for a period of not more than 180 days,
or such other disciplinary punishment as may be prescribed by the
rules and regulations of the Commission which, in the opinion
of the members thereof, the offense justifies. If the charges against
an accused person are not established by the preponderance of
evidence, the Commission shall make a finding of not guilty and
shall order that the person be reinstated and be paid his
compensation for the suspension period, if any, while awaiting
the hearing. The sheriff shall take such action as may be ordered
by the Commission. However, on and after June 1, 2007, in any sheriff's office with a collective bargaining agreement covering the employment of department personnel, such disciplinary measures and the method of review of those measures shall be subject to mandatory bargaining, including, but not limited to, the use of impartial arbitration as an alternative or supplemental form of due process and any of the procedures laid out in this Section.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of any order of the
Commission rendered pursuant to this Section. The plaintiff shall pay the
reasonable cost of preparing and certifying the record for judicial review.
However, if the plaintiff prevails in the judicial review proceeding, the
court shall award to the plaintiff a sum equal to the costs paid by the
plaintiff to have the record for judicial review prepared and certified.
(Source: P.A. 95-136, eff. 1-1-08.)
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(55 ILCS 5/3-8015) (from Ch. 34, par. 3-8015)
Sec. 3-8015.
Subpoenas; witnesses' fees; perjury.
Any person
who shall be served with a subpoena to appear and testify, or to
produce books and papers, issued by the Merit Commission, or
by any member thereof, and who shall refuse or neglect to
appear, or to testify, or to produce books and papers
relevant to such investigation, as commanded in the
subpoena, shall be guilty of a Class B misdemeanor.
The fees of witnesses for attendance and travel shall
be the same as the fees of witnesses before the circuit court
of this State.
Any circuit court of this State, or any judge thereon,
upon application of any member of the Commission, or any person
acting under the orders of the Commission, may, in his discretion,
compel the attendance of witnesses, the production of books and
papers, and giving of testimony before the Commission by an
Attachment for Contempt or otherwise in the same manner as
production of evidence may be compelled before the court. Every
person who, having taken oath or made affirmation before a member of the
Commission, shall willfully swear or affirm falsehoods, shall be
guilty of perjury and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8016) (from Ch. 34, par. 3-8016)
Sec. 3-8016.
Reports to Merit Commission.
The sheriff shall promptly
notify the Merit Commission of all appointments, permanent or temporary,
all promotions, suspensions, resignations or vacancies from any cause, and
a record of the same shall be kept by the Commission. The sheriff shall
prepare and furnish to the Commission annual efficiency reports for each
person covered by merit system. The sheriff shall also furnish the
Commission copies of all letters of commendation, academic achievements
and reprimand and such other reports as the Commission may reasonably
request.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8017) (from Ch. 34, par. 3-8017)
Sec. 3-8017.
Enforcement of orders.
If any provision of this
Division or any order of the Merit Commission is violated by any person,
regardless of whether that person's employment is under the jurisdiction of
the Division, the Commission may apply to the circuit court for relief by
injunction, mandamus or any other proper relief. The State's Attorney of
the county where the violation occurred shall prosecute such action.
Whenever the State's Attorney for the county where a violation is alleged
to have occurred refuses to prosecute the action, or fails to begin to
prosecute such action within 30 days after the date the Commission brings
the matter to his attention, the Commission may retain special counsel of
its own choice to prosecute such action.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-8018) (from Ch. 34, par. 3-8018)
Sec. 3-8018.
Multi-county operation.
The county
boards of 2 or more counties may, by enactment of uniform reciprocal
ordinances consistent with this Division create a multi-county
Merit Commission which shall be subject to this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 3-9 heading) Division 3-9.
State's Attorney
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(55 ILCS 5/3-9001) (from Ch. 34, par. 3-9001)
Sec. 3-9001. Oath; bond. Before entering upon the respective
duties of their office, the state's attorneys shall each be commissioned by
the governor, and shall take the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be), that I will support
the constitution of the United States and the constitution of the state of
Illinois, and that I will faithfully discharge the duties of the office
of state's attorney according to the best of my ability.
Each State's attorney shall also execute a bond, to the People of the
State of Illinois, (or, if the county is self-insured, the county through its
self-insurance program may provide bonding) with good and sufficient
securities in the penal sum of $5,000, to be approved by the circuit court for
the respective county, which approval shall be indorsed upon the bond. The
bond, with the approval thereof indorsed, shall be entered of record in the
circuit court, and then forwarded by the county clerk to the secretary of
state, to be filed in the Secretary of State's office. Each of the bonds shall be conditioned upon
the faithful discharge of the duties of the office, and the paying over all
moneys as provided by law, which bond shall run to and be for the benefit of
the state, county, corporation or person injured by a breach of any of the
conditions thereof.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9002) (from Ch. 34, par. 3-9002)
Sec. 3-9002. Commencement of duties. The State's attorney shall
enter upon the duties of the office on the first day in the month of
December following the election of the State's Attorney on which the State's attorney's office is
required, by statute or by action of the county board, to be open.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9003) (from Ch. 34, par. 3-9003)
Sec. 3-9003.
Additional bond.
Whenever the circuit court shall deem
the bond filed by any State's attorney insufficient, the circuit court may
require additional bond, in any penalty not exceeding that specified in
Section 3-9001.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-9004) (from Ch. 34, par. 3-9004)
Sec. 3-9004. Failure to give bond or take oath. If any person
elected to the office of State's attorney shall fail to give bond, or take
the oath required of the State's Attorney, within twenty days after the person is declared elected,
the office shall be deemed vacant, and if, being required to give
additional bond, as provided in Section 3-9003 hereof, the person fails to do so
within twenty days after notice of such requirements, the State's Attorney office may, in the
discretion of the governor, be declared vacant and filled as provided by law.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
Sec. 3-9005. Powers and duties of State's Attorney.
(a) The duty of each State's Attorney shall be:
(1) To commence and prosecute all actions, suits, | ||
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(2) To prosecute all forfeited bonds and | ||
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(3) To commence and prosecute all actions and | ||
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(4) To defend all actions and proceedings brought | ||
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(5) To attend the examination of all persons brought | ||
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(6) To attend before judges and prosecute charges of | ||
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(7) To give the State's Attorney's opinion, without | ||
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(8) To assist the Attorney General whenever it may be | ||
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(9) To pay all moneys received by the State's | ||
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(10) To notify, by first class mail, complaining | ||
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(11) To perform such other and further duties as may, | ||
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(12) To appear in all proceedings by collectors of | ||
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(13) To notify, by first-class mail, the State | ||
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(b) The State's Attorney of each county shall have authority to
appoint one or more special investigators to serve subpoenas and summonses, make return
of process, and conduct investigations which assist the State's Attorney in
the performance of the State's Attorney duties. In counties of the first and second class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-5001 of this Act, except when increased by county ordinance as provided for in Section 4-5001. In counties of the third class, the fees for service of subpoenas and summonses are allowed by this Section and shall be consistent with those set forth in Section 4-12001 of this Act. A special investigator shall not carry
firearms except with permission of the State's Attorney and only while
carrying appropriate identification indicating the special investigator's employment and in the
performance of the special investigator's assigned duties.
Subject to the qualifications set forth in this subsection, special
investigators shall be peace officers and shall have all the powers possessed
by investigators under the State's Attorneys Appellate Prosecutor's Act.
No special investigator employed by the State's Attorney shall have peace
officer status or exercise police powers unless the special investigator successfully
completes the basic police training course mandated and approved by the
Illinois Law Enforcement Training Standards Board or such
board waives the training requirement by reason of the special
investigator's prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall consult with all
affected local police agencies, to the extent consistent with the public
interest, if the special investigator is assigned to areas within that
agency's jurisdiction.
Before a person is appointed as a special investigator, the person's
fingerprints shall be taken and transmitted to the Department of State
Police. The Department shall examine its records and submit to the State's
Attorney of the county in which the investigator seeks appointment any
conviction information concerning the person on file with the Department.
No person shall be appointed as a special investigator if the person has been
convicted of a felony or other offense involving moral turpitude. A
special investigator shall be paid a salary and be reimbursed for actual
expenses incurred in performing the special investigator's assigned duties. The county board
shall approve the salary and actual expenses and appropriate the salary
and expenses in the manner prescribed by law or ordinance.
(c) The State's
Attorney may request and receive from employers, labor unions, telephone
companies, and utility companies
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this subsection, "location
information"
means information about (i) the physical whereabouts of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member.
(d) (Blank).
(e) The State's Attorney shall have the authority to enter into a written
agreement with the Department of Revenue for pursuit of civil
liability under subsection (E) of Section 17-1 of the Criminal Code of 2012 against persons who
have issued to the Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1 of the Criminal
Code of 2012, with the Department to retain the amount owing upon the
dishonored check or order along with the dishonored check fee imposed under the
Uniform Penalty and Interest Act, with the balance of damages, fees, and costs
collected under subsection (E) of Section 17-1 of the Criminal Code of 2012 or under Section 17-1a of that Code to be retained by
the State's Attorney. The agreement shall not affect the allocation of fines
and costs imposed in any criminal prosecution.
(f) In a county with less than 2,000,000 inhabitants, and only upon receipt of a written request by the superintendent of the county Veterans Assistance Commission for the county in which the State's Attorney is located, the State's Attorney shall have the discretionary authority to render an opinion, without fee or reward, upon any question of law relating to a matter in which the county Veterans Assistance Commission may be concerned. The State's Attorney shall have the discretion to grant or decline such a request. (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9006) (from Ch. 34, par. 3-9006)
Sec. 3-9006. Internal operations of office; simultaneous county board tenure. (a) Internal operations of the office. The State's Attorney
shall control the internal operations of the State's Attorney's office and procure the
necessary equipment, materials, and services to perform the duties of that
office. (b) Simultaneous county board tenure. A duly appointed Assistant State's Attorney may serve as an Assistant State's Attorney and, simultaneously, serve as a county board member for a county located outside of the jurisdiction of the State's Attorney Office that the Assistant State's Attorney serves. An Assistant State's Attorney serving as a county board member is subject to any internal mechanisms established by the State's Attorney to avoid conflicts of interest in the performance of the individual's duties as an Assistant State's Attorney.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9007) (from Ch. 34, par. 3-9007)
Sec. 3-9007. Home rule unit liquor tax ordinance; prosecutions. Where any county, municipality or other unit of local government has
adopted any ordinance or other regulation imposing a tax upon the privilege
of engaging in business as a manufacturer, importing distributor, retailer
or distributor of beer, alcohol or other spirits, pursuant to its home rule
powers under Article VII, Section 6 of the Constitution of the State of
Illinois, nothing shall prohibit a State's attorney from prosecuting any
offense under the Criminal Code of 1961 or the Criminal Code of 2012 which may also constitute a
violation of the applicable ordinance or regulation.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
Sec. 3-9008. Appointment of attorney to perform duties. (a) (Blank). (a-5) The court on its own motion, or an interested person in a cause or proceeding, civil or criminal, may file a petition alleging that the State's Attorney is sick, absent, or unable to fulfill the State's Attorney's duties. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State's Attorney is sick, absent, or otherwise unable to fulfill the State's Attorney's duties. If the court finds that the State's Attorney is sick, absent, or otherwise unable to fulfill the State's Attorney's duties, the court may appoint some competent attorney to prosecute or defend the cause or proceeding. (a-10) The court on its own motion, or an interested person in a cause, proceeding, or other matter arising under the State's Attorney's duties, civil or criminal, may file a petition alleging that the State's Attorney has an actual conflict of interest in the cause, proceeding, or other matter. The court shall consider the petition, any documents filed in response, and if necessary, grant a hearing to determine whether the State's Attorney has an actual conflict of interest in the cause, proceeding, or other matter. If the court finds that the petitioner has proven by sufficient facts and evidence that the State's Attorney has an actual conflict of interest in a specific case, the court may appoint some competent attorney to prosecute or defend the cause, proceeding, or other matter. (a-15) Notwithstanding subsections (a-5) and (a-10) of this Section, the State's Attorney may file a petition to recuse the State's Attorney from a cause or proceeding for any other reason the State's Attorney deems appropriate and the court shall appoint a special prosecutor as provided in this Section. (a-20) Prior to appointing a private attorney under this Section, the court shall contact public agencies, including, but not limited to, the Office of Attorney General, Office of the State's Attorneys Appellate Prosecutor, or local State's Attorney's Offices throughout the State, to determine a public prosecutor's availability to serve as a special prosecutor at no cost to the county and shall appoint a public agency if they are able and willing to accept the appointment. An attorney so appointed shall have the same power and authority in relation to the cause or proceeding as the State's Attorney would have if present and attending to the cause or proceedings. (b) In case of a vacancy of more than one year
occurring in any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the transaction
of the public business, that some competent attorney act as State's
attorney in and for such county during the period between the time of
the occurrence of such vacancy and the election and qualification of a
State's attorney, as provided by law, the vacancy shall be filled upon
the written request of a majority of the circuit judges of the circuit
in which is located the county where such vacancy exists, by appointment
as provided in the Election Code of some competent attorney to perform
and discharge all the duties of a State's attorney in the said county,
such appointment and all authority thereunder to cease upon the election
and qualification of a State's attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the
duties of a regularly elected State's attorney under the laws of the
State to the extent necessary to fulfill the purpose of such
appointment, and shall be paid by the county the State's Attorney serves not to exceed in
any one period of 12 months, for the reasonable amount of time actually
expended in carrying out the purpose of such appointment, the same compensation
as provided by law for the State's attorney of the county, apportioned,
in the case of lesser amounts of compensation,
as to the time of service reasonably and actually expended. The county shall participate in all agreements on the rate of compensation of a special prosecutor.
(c) An order granting authority to a special prosecutor must be construed strictly and narrowly by the court. The power and authority of a special prosecutor shall not be expanded without prior notice to the county. In the case of the proposed expansion of a special prosecutor's power and authority, a county may provide the court with information on the financial impact of an expansion on the county. Prior to the signing of an order requiring a county to pay for attorney's fees or litigation expenses, the county shall be provided with a detailed copy of the invoice describing the fees, and the invoice shall include all activities performed in relation to the case and the amount of time spent on each activity. (Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(55 ILCS 5/3-9009) (from Ch. 34, par. 3-9009)
Sec. 3-9009. Private fee and employment prohibited. The State's
attorney shall not receive any fee or reward from or in behalf of any
private person for any services within the State's Attorney's official duties and shall not be
retained or employed, except for the public, in a civil case depending upon
the same state of facts on which a criminal prosecution shall depend.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9010) (from Ch. 34, par. 3-9010)
Sec. 3-9010.
State's Attorney serving 2 or more counties.
Whenever the county boards of 2 or more counties desire that one State's
attorney be elected to serve such counties, as authorized in Section 19 of
Article VI of the Constitution, each such county board shall adopt a
resolution to the effect that the question of electing one State's attorney
for such counties be submitted to the electors of the respective counties
at the next general election in November of an even-numbered year other
than a year in which State's attorneys are regularly elected. Notice of the
adoption of such resolution shall be certified to the county
clerk of each of the counties and to any board of election commissioners
in any of such counties, who shall submit the question to the voters in
accordance with the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-9011) (from Ch. 34, par. 3-9011)
Sec. 3-9011.
Form of proposition; election.
The
proposition shall be in substantially the following form:
Shall one State's Attorney YESbe elected to serve the counties of .... and ....? NO
If a majority of the votes cast on the question in each county is in
favor thereof, one State's attorney shall be elected for such counties at
the next general election at which State's Attorneys are elected, and every
four years thereafter.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-9012) (from Ch. 34, par. 3-9012)
Sec. 3-9012. Compensation. A State's attorney who serves 2 or more counties shall receive such
compensation from the State Treasury as is provided by law for the State's
attorney of a single county. The State's Attorney shall be paid by the counties such
compensation as may be agreed upon by the county boards within the salary
range prescribed by law applicable to a single county with a population
equal to the combined population of the counties the State's Attorney serves. Unless the
county boards agree upon a lesser amount, the State's Attorney shall be paid the highest
permissible salary within such range. The amount to be paid by the counties
shall be apportioned among them on the basis of their population.
Seventy-five percent (75%) of the amount provided by law to be paid from
the State treasury for the services of the State's attorney in the case of
a single county is payable to each of the counties served by the same
State's attorney, except that the amounts paid to those counties under this
Section in any year may not exceed, in the aggregate, the annual salary
paid to that State's attorney from both county and State funds, in which
case reduction of the State's contribution to each county shall be reduced
proportionately according to population of each participating county.
(Source: P.A. 102-56, eff. 7-9-21.)
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(55 ILCS 5/3-9013) Sec. 3-9013. Pension funds; job-related felony. If an employee who is covered under a retirement system or pension fund created under the Illinois Pension Code is convicted of a felony relating to or arising out of or in connection with the employment for which the employee is covered under the retirement system or pension fund, the State's Attorney must notify the board of trustees for that retirement system or pension fund.
(Source: P.A. 95-836, eff. 8-15-08.) |
(55 ILCS 5/Div. 3-10 heading) Division 3-10.
Treasurer
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(55 ILCS 5/3-10001) (from Ch. 34, par. 3-10001)
Sec. 3-10001.
Election of county treasurer; commencement of duties.
In all counties there shall be an elected treasurer who shall hold
office until his successor shall be qualified. He shall enter upon the
duties of his office on the first day in the month of December following
his election on which the office of the county treasurer is required, by
statute or by action of the county board, to be open.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10002) (from Ch. 34, par. 3-10002)
Sec. 3-10002.
Oath.
Each treasurer, before entering upon the duties
of his office shall take and subscribe to the oath or affirmation
prescribed by Section 3, Article XIII of the Constitution which shall be
filed with the county clerk.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10003) (from Ch. 34, par. 3-10003)
Sec. 3-10003.
Bond; form.
Each County treasurer, before he or she
enters upon the duties of his or her office, shall also execute a bond (or,
if the county is self-insured, the county through its self-insurance program
may provide bonding) in such penalty and with such security as the county board
shall deem sufficient, which bond in every county now having or which may
hereafter have a population of 500,000 or more shall be in a penal sum of not
less than $1,500,000. Such bond shall be in substance in the following form
to-wit:
We, (A.B.), principal, and (C.D. and E.F.), sureties, all of the county
of .... and State of Illinois, are obligated to the People of the State of
Illinois in the penal sum of $...., for the payment of which, we obligate
ourselves, each of us, our heirs, executors and administrators, successors
and assigns.
The condition of the above bond is such, that if the above obligated
(A.B.) shall perform all the duties which are or may be required by law to
be performed by him or her, as treasurer of the county of .... in the time
and manner prescribed or to be prescribed by law, and when he or she is
succeeded in office, shall surrender and deliver over to his or her
successor in office, all books, papers, moneys and other things belonging
to the county, and appertaining to his or her office, except as hereinafter
provided, then the above bond to be void; otherwise to remain in full force.
It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure or closing of any bank or trust company organized and operating
under the laws of this State or of the United States wherein the principal
has placed the funds in his custody or control, or any part thereof.
Dated (insert date).
Signed and delivered in the presence of (G.H.)
A. B. .... (Signature)
C. D. .... (Signature)
E. F. .... (Signature)
The bond shall be filed with the county clerk on or before the first
Monday of December after such election.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/3-10004) (from Ch. 34, par. 3-10004)
Sec. 3-10004.
Commission.
The county treasurer shall be
commissioned by the Governor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005) (from Ch. 34, par. 3-10005)
Sec. 3-10005.
Functions, powers and duties of treasurer.
The treasurer has those functions, powers and duties as provided in the
Sections following this Section and preceding Section 3-10006. He shall
receive and safely keep the revenues and other public moneys of the county,
and all money and funds authorized by law to be paid to him, and disburse
the same pursuant to law. He shall appoint his deputies, assistants and
personnel to assist him in the performance of his duties. His deputies
shall take and subscribe the same oath for the discharge of their duties as
is required of him, which oath shall be entered of record in the office of
the county clerk. The Treasurer shall, in all cases, be responsible for the
acts of his deputies. The functions and powers of the county treasurers
shall be uniform in the various counties of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005.1) (from Ch. 34, par. 3-10005.1)
Sec. 3-10005.1.
Internal operations of office.
The treasurer shall
control the internal operations of his office and procure necessary
equipment, materials and services to perform the duties of his office.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005.2) (from Ch. 34, par. 3-10005.2)
Sec. 3-10005.2.
Monthly report of financial status.
The treasurer shall file a monthly report with the county clerk and
chairman of the county board summarizing the financial status of his office
in such form as shall be determined by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005.3) (from Ch. 34, par. 3-10005.3)
Sec. 3-10005.3.
Special funds.
The treasurer may maintain the
following special funds from which the county board shall authorize payment
by voucher between board meetings:
(a) Overpayments.
(b) Reasonable amount needed during the succeeding accounting period to
pay office expenses, postage, freight, express or similar charges.
(c) Fund to pay necessary travel, dues and other expenses incurred in
attending workshops, educational seminars and organizational meetings
established for the purpose of providing in-service training.
(d) Trust funds for such purposes as may be provided for by law.
(e) Such other funds as may be authorized by the county board.
The treasurer shall make accounting monthly to the county board through the
county clerk of all special funds maintained by him in the discharge of his
duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005.4) (from Ch. 34, par. 3-10005.4)
Sec. 3-10005.4.
Compensation of deputies and employees.
Compensation of deputies and employees not otherwise provided for by
law shall be fixed by the treasurer subject to budgetary limitations
established by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10005.5) (from Ch. 34, par. 3-10005.5)
Sec. 3-10005.5.
Training program.
Within 60 days after assuming office, each county treasurer shall apply to
the State Comptroller for admission to the Comptroller's county treasurer
training program. Each county treasurer shall complete that training
program within one year after applying for admission to it. Each treasurer
shall complete the training program at least once during his or her term of
office. A county treasurer's failure to satisfactorily complete the
training program, as evidenced by the State Comptroller's notification to
the county board, shall subject the county treasurer to a penalty for
neglect of duty as provided in Section 3-10021.
Each county treasurer shall be reimbursed for his or her reasonable expenses
incurred in completing the training program from monies appropriated to
the State Comptroller for that purpose.
(Source: P.A. 86-1446.)
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(55 ILCS 5/3-10006) (from Ch. 34, par. 3-10006)
Sec. 3-10006.
Prompt payment.
Purchases made pursuant to this
Division shall be made in compliance with the "Local Government
Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10007) (from Ch. 34, par. 3-10007)
Sec. 3-10007. Annual stipend. In addition to all other compensation
provided by law, every elected county treasurer, for additional duties
mandated by State law, shall receive an annual stipend of
(i) $5,000 if his or her term begins before December 1, 1998, (ii) $5,500
after December 1, 1998 and $6,500 after December 1, 1999 if his or her term
begins on or after December 1, 1998 but before December 1,
2000, and (iii) $6,500 if his or her term begins December 1, 2000 or
thereafter, to be
annually appropriated from the Personal Property Tax Replacement Fund by the General Assembly
to the Department of Revenue which shall distribute the awards as provided in this Section. This annual stipend
shall not affect any other compensation provided by law to be paid to
elected county treasurers. No county board may reduce or otherwise impair
the compensation payable from county funds to an elected county treasurer
if such reduction or impairment is the result of his receiving an annual
stipend under this Section.
For State fiscal years beginning on or after July 1, 2023, the Department shall remit to each county the amount required for the stipend under this Section. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the stipend to the treasurer within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the treasurer's base compensation and must be remitted to the treasurer in addition to the treasurer's annual salary or compensation. Beginning July 1, 2023, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend under this Section. (Source: P.A. 103-318, eff. 7-28-23.)
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(55 ILCS 5/3-10008) (from Ch. 34, par. 3-10008)
Sec. 3-10008. Office hours. Except as otherwise provided in this Section, the county treasurer
shall keep his office open and attend to the
duties thereof from eight o'clock in the forenoon to five o'clock in the
afternoon on each working day excepting such days as under law are legal
holidays, and may close his office at 12 o'clock on Saturday of each week;
Provided, that the county treasurer shall not be compelled to open his
office before the hour of nine o'clock a. m. and, by permission of the
county board, the treasurer may close his office all day Saturday:
Provided, further, that, except with respect to the required office hours applicable to tax sales, the hours of opening and closing of the office of
the county treasurer may be changed and otherwise fixed and determined by
the county board of any county. Any such action taken by the county board
shall be by an appropriate resolution passed at a regular meeting. Notwithstanding the provisions of this Section or any other provision of law, the county treasurer must keep his or her office open from 8:00 a.m. until 4:00 p.m. on the business day before the commencement of a tax sale held in the county pursuant to Division 3.5 of Article 21 of the Property Tax Code and during the same hours each day the tax sale is pending. A home rule unit may not regulate the hours employed by the county treasurer in a
manner that is inconsistent with this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and functions exercised by
the State.
(Source: P.A. 97-557, eff. 7-1-12.)
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(55 ILCS 5/3-10009) (from Ch. 34, par. 3-10009)
Sec. 3-10009. Deposit of public funds. (a) In counties having a
population of less than 150,000 the county board, when requested by the
county treasurer, shall designate one or more banks, savings and loan
associations, savings banks, or credit unions in which the funds and other public moneys in the custody of
the county treasurer may be kept and when a bank, savings and loan
association, savings bank, or credit union has been designated as a depository it shall continue as such
until 10 days have elapsed after a new depository is designated and has
qualified by furnishing the statements of resources and liabilities as is
required by this Section. When a new depository is designated, the county
board shall notify the sureties of the county treasurer of that fact, in
writing, at least 5 days before the transfer of funds. The county treasurer
shall be discharged from responsibility for all funds and moneys which he
deposits in a depository so designated while such funds and moneys are
so deposited.
No bank, savings and loan association, savings bank, or credit union shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(b) In addition to any other investments or deposits authorized under this Code, counties are authorized to invest the funds and public moneys in the custody of the County Treasurer in accordance with the Public Funds Investment Act. (Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-10010) (from Ch. 34, par. 3-10010)
Sec. 3-10010.
Books of account.
Every county treasurer shall keep
proper books of account whether mechanically, electronically or otherwise
produced, used and maintained, and in whatever form such books of account
may have by virtue of modern accounting machines and procedures, in which
he shall keep a regular, just and true account of all moneys, revenues and
funds received by him, stating particularly the kind of funds received,
whether in gold, silver, county orders, jury certificates, auditor's
warrants, or other funds authorized by law to be received as revenue, the
time when, or whom, and on what account each particular sum in money or
other funds was received; and also of all moneys, revenues and funds paid
out by him agreeably to law, stating particularly the time when, to whom,
and on what account payment is made. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10011) (from Ch. 34, par. 3-10011)
Sec. 3-10011.
Inspection of books of account.
Said books of
account shall be free to the inspection of all persons wishing to examine
the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10012) (from Ch. 34, par. 3-10012)
Sec. 3-10012.
County orders.
When any county order is presented to
him to be countersigned, the county treasurer shall personally countersign
the same, and shall also enter in a book, to be kept by him for that
purpose, its number, date and amount, and the name of the person to whom
the same is payable, and when any such order is paid, he shall cancel the
same, and note the fact opposite such entry. This Section is subject to the
provisions of "The Local Records Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10013) (from Ch. 34, par. 3-10013)
Sec. 3-10013.
Orders to be filled up and authorized.
The county
treasurer shall not countersign any county order before the same is filled
up, nor until he shall have examined the records of the county board, and
ascertained that the issuing of such order is warranted thereby.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10014) (from Ch. 34, par. 3-10014)
Sec. 3-10014.
Payment of money.
No money or funds shall
be paid out of any county treasury, except in accordance with
an order of the county board, or when payment is specially
authorized by law to be made.
In counties which have delegated the authority to pay claims
against the county, as provided by Section 1-6006, the County
Treasurer may pay funds out of the County Treasury upon the order
of the county officials designated to allow or disallow claims
made against the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10015) (from Ch. 34, par. 3-10015)
Sec. 3-10015.
Report to county board.
The county
treasurer of each county shall report to the county
board, at each regular term thereof, the amount of money, county orders,
jury certificates and other funds he may have received from every source,
since his last accounting, stating by whom, on what account and at what
time paid into the treasury; and also the amount of all payments from the
treasury, stating particularly to whom, on what account and at what time
paid out; also the amount of money, county orders, jury certificates and
other funds in his hands.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10016) (from Ch. 34, par. 3-10016)
Sec. 3-10016.
Inspection of reports.
Said reports shall be filed and
preserved in the office of the county clerk, and be free to the inspection
of any person wishing to examine the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10017) (from Ch. 34, par. 3-10017)
Sec. 3-10017.
Account and settlement.
The county treasurer shall, at
any time when required by the county board, render an account and make
settlement with the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10018) (from Ch. 34, par. 3-10018)
Sec. 3-10018.
Half-yearly settlements.
It shall be the duty of the
county board, at least once every six months, to examine the books of
account of the treasurer, and count the funds, and make settlement with the
county treasurer, and the county clerk shall enter on the records of the
county board the amount and kinds of funds found to be in the treasury at
such time.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10019) (from Ch. 34, par. 3-10019)
Sec. 3-10019.
Examination under oath.
The county board of each
county shall have power at any time to examine the county treasurer under
oath, touching any matter in regard to the faithful discharge of his duty.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-10020) (from Ch. 34, par. 3-10020)
Sec. 3-10020. Removal for cause; other vacancy. If any county
treasurer shall neglect or refuse to render an account, or make settlement
at any time when required by law, or refuse to
answer any question regarding the operation of the county treasurer's office propounded to him by the county board, or refuse to provide the county board with any requested information concerning the accounts maintained by the county treasurer's office, provided the requests are for information that the county treasurer is required by law to maintain and in a format already maintained by the county treasurer, or is a
defaulter, and in arrears with the county, or is guilty of any other
misconduct in his office, the county board may remove him from office, and
the presiding officer of the county board, with the advice and consent of
the county board, may appoint some suitable person to perform the duties of
treasurer until his successor is elected, or appointed and qualified; or if
by reason of the death or resignation of the county treasurer, or other
cause, the said office shall become vacant, then the vacancy shall be
filled as provided in The Election Code by appointment of some suitable
person to perform the duties of treasurer, until a county treasurer is
elected or appointed and qualified. Provided, that in case any county
treasurer is called into the active military service of the United States,
the appointee shall perform and discharge all the duties of the county
treasurer in such county during the time such county treasurer is in the
active military service of the United States, and such county treasurer so
appointed shall possess all the powers and discharge all the duties of a
regularly elected county treasurer under the laws of this State, and shall
be paid the same compensation as provided by law for the county treasurer
of the county, apportioned as to the time of service, and such appointment
and all authority thereunder shall cease upon the discharge of said county
treasurer from such active military service of the United States; and
provided further, that the office of county treasurer shall not be deemed
to be vacant during the time the said county treasurer is in the active
military service of the United States. The person so appointed, shall give
bond and security, as required by law of the county treasurer.
(Source: P.A. 95-871, eff. 8-21-08.)
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(55 ILCS 5/3-10021) (from Ch. 34, par. 3-10021)
Sec. 3-10021.
Neglect of duty; penalty.
If any treasurer of any
county in this State shall neglect or refuse to perform any of the duties
required of him by this Division, he shall forfeit a sum of not less than
$50, and not exceeding $1,000, according to the nature and aggravation of
the offense, to be recovered by indictment in the circuit court of the
proper county or by a civil action, by any person who shall sue therefor,
one-half to the person suing, and the other half to the proper county.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 3-11 heading) Division 3-11.
County Treasurers in Counties
over 150,000 Population - Public Funds
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(55 ILCS 5/3-11001) (from Ch. 34, par. 3-11001)
Sec. 3-11001.
Terms construed.
The terms mentioned in this Section
as used in this Division shall, unless the same be inconsistent
with the context, be construed as follows:
The term "county treasurer" shall include the county treasurer when
acting as such or in any other official capacity incident to his incumbency
of the office of county treasurer.
The term "county moneys" shall include all moneys to whomsoever
belonging, received by or in possession or control of the incumbent of the
office of county treasurer when acting as such or in any other official
capacity incident to his incumbency of the office of county treasurer.
The term "county clerk" shall be construed to mean the county
comptroller in any county in which provision for a county comptroller shall
have been made by law.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11002) (from Ch. 34, par. 3-11002)
Sec. 3-11002. Designation of depositories. (a) In counties having a
population of more than 150,000 the county board, when requested by the
County Treasurer, shall designate one or more banks, savings and loan
associations, savings banks, or credit unions in which the funds and other public moneys in the custody of
the County Treasurer may be kept and when a bank, savings and loan
association, savings bank, or credit union has been designated as a depository it shall continue as such
until 10 days have elapsed after a new depository is designated and has
qualified by furnishing the statements of resources and liabilities as is
required by this Section. When a new depository is designated, the county
board shall notify the sureties of the County Treasurer of that fact, in
writing, at least 5 days before the transfer of funds. The County Treasurer
shall be discharged from responsibility for all funds and moneys which he
deposits in a depository so designated while such funds and moneys are so
deposited.
No bank, savings and loan association, savings bank, or credit union shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain
investments of public funds by public agencies", approved July 23, 1943, as
now or hereafter amended.
(b) In addition to any other investments or deposits authorized under this Code, counties are authorized to invest the funds and public moneys in the custody of the County Treasurer in accordance with the Public Funds Investment Act. (Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11003) (from Ch. 34, par. 3-11003)
Sec. 3-11003. Classification of funds. For the purpose of
establishing a control over the withdrawal, in accordance with the
provisions of this Division, of all county moneys deposited in any bank,
savings and loan association, savings bank, or credit union, as hereinafter required, such moneys are
hereby classified as follows:
Class A. All taxes and special assessments received by the county
treasurer in his capacity as ex officio county collector or ex officio town
collector, and held by him pending distribution to the several governments
or authorities entitled to receive the same, shall be known as "Class A"
funds.
Class B. All other moneys belonging to the State of Illinois or to any
political or corporate subdivision thereof, except the county, shall be
known as "Class B" funds.
Class C. All moneys belonging to the county in its corporate capacity
shall be known as "Class C" funds.
Class D. All other county moneys as defined in Section 3-11001 shall
be known as "Class D" funds.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11004) (from Ch. 34, par. 3-11004)
Sec. 3-11004. Deposits by county treasurer. It shall be the duty of
the county treasurer of such county to deposit daily, in separate accounts
in accordance with the classification set forth in Section 3-11003, to the
credit of the county treasurer of such county, in one or more banks,
savings and loan associations, savings banks, or credit unions as shall have been selected and designated
under the terms of this Division and as shall have complied with the
requirements thereof, all county moneys as defined in Section 3-11001,
received by him during banking hours, and also all such county moneys as he
may have received on the day previous after banking hours.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11004.1) Sec. 3-11004.1. Posting requirements for uncashed checks. No later than 60 days after the effective date of this amendatory Act of the 96th General Assembly, for the purpose of assisting Cook County residents in reclaiming uncashed checks issued by Cook County, the Cook County Treasurer must post on the Cook County Treasurer's official website information related to uncashed checks issued in the regular course of county business to Cook County residents. The Cook County Treasurer must also post the procedure for a person to receive a replacement check. The checks must be for an amount of $5 or more. This Section applies only to a check that remains uncashed by the payee for no less than one year and no more than 5 years from its issue date. Cook County may not provide notice of uncashed checks in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-1159, eff. 1-1-11.) |
(55 ILCS 5/3-11005) (from Ch. 34, par. 3-11005)
Sec. 3-11005.
Earnings from investments and deposits.
All earnings accruing on any investments or deposits made by
the County Treasurer whether acting as such or as County Collector,
of county monies as in Section 3-11001 is defined, shall be credited
to and paid into the County Treasury for the benefit of the county
corporate fund to be used for county purposes, except as provided
otherwise in the Local Governmental Tax Collection Act, and except
where by specific statutory provisions such earnings are directed
to be credited to and paid to a particular fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11006) (from Ch. 34, par. 3-11006)
Sec. 3-11006. Investment of county moneys; release of private
funds in custody of county treasurer. (a) All county moneys shall be invested in
one or more of the following: (1) interest-bearing savings accounts,
interest-bearing certificates of deposit or interest-bearing time deposits
constituting direct obligations of any bank as shall have been selected and
designated under the terms of this Division and as shall have
complied with the requirements thereof; (2) shares or other forms of
securities legally issuable by savings and loan associations incorporated
under the laws of this State or any other state or under the laws of the
United States, provided such shares or securities are insured by the
Federal Savings and Loan Insurance Corporation; (3) bonds, notes,
certificates of indebtedness, treasury bills or other securities now or
hereafter issued, which are guaranteed by the full faith and credit of the
United States of America as to principal and interest; (4) short term
discount obligations of the Federal National Mortgage Association; and (5) dividend-bearing share accounts, share certificate accounts, or class of share accounts of a credit union chartered under the laws of this State or the laws of the United States, provided the accounts of that credit union are insured by applicable law and the credit union's principal office is located within the State of Illinois. The
expressed judgment of the county treasurer as to the time when any county
moneys will be required for expenditure or be redeemable is final and
conclusive. Privately owned funds held in the custody of a county treasurer
must be released to the appropriate party at the earliest reasonable time,
but in no case exceeding 31 days, after the private party becomes entitled
to the receipt of them.
(b) In addition to any other investments or deposits authorized under this Code, all counties are authorized to invest county moneys in accordance with the Public Funds Investment Act. (Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11007) (from Ch. 34, par. 3-11007)
Sec. 3-11007. Monthly report of investments and deposits. On the twenty-eighth day of each month the county treasurer shall
publish a report disclosing the investments and deposits of county moneys
as of the first day of that month. The report shall list, under the name of
each bank, savings and loan association, savings bank, or credit union in which the county treasurer
maintains an account or investment, each separate account or investment
maintained in that institution, the amount of each such account or
investment, the rate of interest of each such account or investment, and
the term of maturity of each such account or investment. The report shall
also disclose the total cost and average rate of interest of all other
investments of county moneys. A copy of the report shall be transmitted to
each member of the county board, and the report shall be a public record.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11008) (from Ch. 34, par. 3-11008)
Sec. 3-11008.
Withdrawals.
When county moneys have been deposited
in any such depository they shall be withdrawn therefrom only in the
following manner: Funds designated in Section 3-11003 as "Class A" funds
and as "Class B" funds shall be withdrawn only upon checks or drafts signed
by the County Treasurer and payable to the order of the State Treasurer or
the other proper authorities or persons entitled by law to receive the
same; funds designated in said Section 3-11003 as "Class C" funds shall be
withdrawn only upon checks or drafts signed by the county treasurer and
supported by warrants signed by the County Clerk and countersigned by the
president or chairman of the county board; funds designated in said Section
3-11003 as "Class D" funds shall be withdrawn only upon checks or drafts
signed by the County Treasurer and payable to persons entitled to receive
the same; Provided, however, that subject to the limitations hereinafter
set forth in Section 3-11011, the County Treasurer shall have the power to
withdraw such county moneys from any depository in the cases provided for
and under the circumstances stated in Sections 3-11009 and 3-11010, and,
provided further, that the provisions of this Division regarding the proper
payees of checks or drafts shall not be construed to obligate any
depository to investigate or determine the right of any payee to receive
payment or any check or draft of the County Treasurer.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11009) (from Ch. 34, par. 3-11009)
Sec. 3-11009. Petty cash fund. For the purpose of enabling the county
treasurer to pay in cash such warrants and other demands as may be
presented to him for payment in cash, he is hereby authorized to withhold
from the daily deposit of funds required of him under Section 3-11004, or
to withdraw from the one or more banks, savings and loan associations, savings banks, or credit unions
holding such county moneys on deposit, upon check or draft payable
to his own order as county treasurer, such amounts as will enable him to
maintain a petty cash fund sufficient to meet the daily demand for the
purpose herein indicated: Provided, however, that the amount of said petty
cash fund shall at no time exceed the sum of $5,000 in counties having
fewer than 1,000,000 inhabitants or the sum of $200,000 in counties having
1,000,000 or more inhabitants. The county treasurer shall keep proper
records of such petty cash fund, showing the amounts so withheld or
withdrawn by him daily and the amounts paid out by him in cash from day to
day. Such records shall be open to the inspection of all persons wishing to
examine the same.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11010) (from Ch. 34, par. 3-11010)
Sec. 3-11010. Equalization and transfer of deposits. For the
purpose of facilitating the equalization or apportionment of the amount of
the balances on deposit with the several depositories and the speedy
transfer of money from one depository to another in case of
necessity, the county treasurer is hereby authorized to draw checks or
drafts against any deposit made by him under the terms of this Division.
Each draft or check so drawn shall be payable to the order of the
county treasurer, and shall indicate upon its face that it is drawn only
for deposit in a bank, savings and loan association, savings bank, or credit union authorized under the
provisions of this Division to receive county moneys.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11011) (from Ch. 34, par. 3-11011)
Sec. 3-11011. Designation of active depository. Of the banks, savings and loan associations, savings banks, or credit unions which may have been so designated as
depositories, one shall be designated from time to time by the county
treasurer as the active bank, depository, savings and loan association, savings bank, or credit union
for a period of not more than one month at a time. The county board shall
have power, if it sees fit, to require that no bank, savings and loan
association, savings bank, or credit union whose aggregate capital stock and surplus is less than a
certain specified amount shall be named as the active bank, savings and
loan association, savings bank, or credit union. During such period the county treasurer shall draw all of
his checks to pay warrants and other demands drawn upon him upon such
active bank, savings and loan association, savings bank, or credit union: Provided, however, that the
county treasurer shall have power to withdraw county moneys from any
depository for the purposes stated in Section 3-11010: And, provided,
further, that during such period drafts and checks against deposit of funds
designated by Section 3-11003 hereof as "Class A" funds and "Class B" funds
may be drawn upon other than the active bank, savings and loan association, savings bank, or credit union.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11012) (from Ch. 34, par. 3-11012)
Sec. 3-11012.
Record of deposits.
The county treasurer shall keep in
his office a record showing the date and aggregate amount received by him
daily on account of each class of funds designated in Section 3-11003, and
also his accounts with each depository, which accounts shall show daily the
date and amount of each deposit, the date and amount of each withdrawal,
and the balance on deposit. Each such account shall also show the date and
amount of each interest payment received by or credited to the county
treasurer and the rate of interest at which such payment was computed. Said
record and all contracts with depositories shall be open to the inspection
of all persons wishing to examine the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11013) (from Ch. 34, par. 3-11013)
Sec. 3-11013. Annual report of interest received. The county
treasurer shall make to the county clerk an annual report, under oath, of
all interest received by the county treasurer or credited to the county
treasurer by any bank, savings and loan association, savings bank, or credit union, in which is
deposited any county moneys, and at the time of making such report the
county treasurer shall pay into the county treasury for the benefit of the
county the aggregate amount of all interest so received by or credited to
him, as shown by said report. Such report shall show the name of each bank
or depository where any county moneys are deposited.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11014) (from Ch. 34, par. 3-11014)
Sec. 3-11014.
Cost of bonds to be paid by county.
The premium
on all bonds required of the county treasurer in any official capacity by
the provisions of this Division if the surety thereon shall be a surety
company or companies authorized to do business in this State under the laws
thereof, shall be paid out of the county treasury: Provided, however, that
the amount of said premium shall not exceed one-half of one per cent per
annum of the amount of said bond.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11015) (from Ch. 34, par. 3-11015)
Sec. 3-11015.
Liability of treasurer.
The county treasurer shall be
discharged from responsibility for all moneys deposited by him pursuant to
the terms of this Division, with any depository or depositories
who may be named and shall qualify in accordance with the terms thereof:
Provided, that nothing in this Division contained shall be
construed in any manner to change or affect the liability of treasurers
having depositories under and in accordance with the terms of this
Division, except that such treasurers shall be discharged from
liability for moneys so deposited by them in such depositories while such
moneys so deposited are in the custody of any such depository.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11016) (from Ch. 34, par. 3-11016)
Sec. 3-11016.
Expenses of suit by or against treasurer.
All
reasonable expenses incurred by the county treasurer in prosecuting or
defending suits or actions brought by or against him in any official
capacity shall be paid out of the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11017) (from Ch. 34, par. 3-11017)
Sec. 3-11017.
No retention of compensation other than salary.
The county treasurer shall retain no fees, commissions or other
compensation whatsoever, except his salary or other compensation fixed by
law, for his services when acting as such county treasurer or in any other
official capacity incident to his incumbency of that office. All fees,
perquisites and emoluments (above the amount of such salary or other
compensation fixed by law) shall be paid into the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11018) (from Ch. 34, par. 3-11018)
Sec. 3-11018. Payment of interest or fees on deposits. No bank,
savings and loan association, savings bank, or credit union holding county moneys deposited therewith by
the county treasurer in accordance with the provisions in this Division, or
otherwise, and no officer of any such bank, savings and loan association, savings bank, or credit union,
or other person, shall pay to, withhold for the benefit of, or contract in
any manner for the payment to such county treasurer, or to any other person
for him, of any interest or other fee, perquisite or emolument, on account
of the deposit of such county moneys, except such interest as shall be paid
to such county treasurer for the benefit of the county.
(Source: P.A. 97-129, eff. 7-14-11.)
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(55 ILCS 5/3-11019) (from Ch. 34, par. 3-11019)
Sec. 3-11019.
No personal profit; penalty.
The making of a personal
profit or emolument by the incumbent of the office of county treasurer or
by any other county officer out of any county moneys by loaning, depositing
or otherwise using or disposing of the same in any manner whatsoever, shall
be deemed a Class 3 felony. Any county officer or other person who wilfully
violates any provision of this Division, other than that above specified in
this Section, or who wilfully neglects or refuses to perform any duty
imposed upon such person by the terms of this Division, shall be guilty of
a Class 4 felony.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11020) (from Ch. 34, par. 3-11020)
Sec. 3-11020.
Applicability to counties.
This Division and all of
the provisions thereof shall apply in every county of this State now
containing, or which may hereafter contain, more than 150,000 inhabitants.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-11021) Sec. 3-11021. Cook County Housing Trust Fund. (a) The Cook County Treasurer shall maintain a special fund known as the Cook County Housing Trust Fund for which the Housing Authority of Cook County shall be the sole beneficiary. (b) The Fund may receive moneys from appropriations from the State for use by the Housing Authority of Cook County, as well as loan repayments, cash distributions from equity investments, and similar cash payments generated by a funded project that may be redeposited into the Fund and used for additional projects. (c) Moneys in the Fund may be used by the Housing Authority of Cook County for the following purposes: (1) eligible projects, including projects involving | ||
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(2) eligible costs, including the cost of: (i) real | ||
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(3) other eligible Housing Authority uses, | ||
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(d) The Cook County Treasurer, in consultation with the Housing Authority of Cook County, shall make accounting annually to the Cook County Board of Commissioners through the County Clerk of the use of moneys maintained in the Fund.
(Source: P.A. 102-793, eff. 1-1-23.) |
(55 ILCS 5/Div. 3-12 heading) Division 3-12.
Merit Employment System
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(55 ILCS 5/3-12001) (from Ch. 34, par. 3-12001)
Sec. 3-12001.
Creation or abolition of Personnel Policy Commission.
The County Board of any county having a population of 350,000 or more but
less than 1,000,000 inhabitants as determined by the last preceding federal
census, may by ordinance create a Personnel Policy Commission.
If the county board does not by ordinance create a Personnel Policy
Commission pursuant to the provisions of this Division, a
petition may be filed with the county clerk, signed by not less than 1% of the
registered voters of the county, requesting the submission to a
referendum of the following proposition: shall the county board
of..... county create a Personnel Policy Commission pursuant to the
provisions of Division 3-12 of the Counties Code?
If such a petition is filed, the county clerk shall submit the
proposition to the voters at an election to be held in accordance with the
general election law.
If a majority of the voters voting on the proposition vote in favor
of it, the county board shall, by ordinance, create a Personnel Policy
Commission pursuant to the provisions of this Division.
At any time after the creation of a Personnel Policy Commission
pursuant to this Division, a petition may be filed with the county clerk,
signed by not less than 1% of the registered voters of the county,
requesting the submission to a referendum of the following proposition:
shall the county board of..... county abolish the Personnel Policy
Commission established pursuant to the provisions of Division 3-12 of
the Counties Code?
The election authority shall submit the proposition to the voters at an
election to be held in accordance with the general election law.
If a majority of the voters voting on the proposition vote in favor
of it, the county board shall, by ordinance, abolish such Personnel
Policy Commission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12002) (from Ch. 34, par. 3-12002)
Sec. 3-12002.
Definitions.
The following words and terms found in
this Division have the meaning defined in this Section unless the context
clearly indicates that a different meaning is intended.
(a) Appointing authority: the officer, individual, board or group,
who by law or legally delegated authority, has the authority to appoint
or to remove personnel from positions as county employees.
(b) Appointment: the offer and the acceptance of employment in the
county service.
(c) Board: a county board.
(d) Class: one or more positions sufficiently similar with respect
to duties and responsibilities that the same descriptive title may be
used with clarity to designate each of said positions; that the same
minimum qualifications are appropriate for the performance of each such
position; that the same test of fitness may be used to rank applicants
on the basis of merit; and that the same schedule of pay may be applied
to all such similar positions.
(e) Classification plan: a list of the classes in the classified
service by official title. For each class, a specification shall be
prepared which shall set forth the duties, responsibilities and
authority thereof, and the minimum qualifications necessary for entry
into any of the positions in the class.
(f) Classified service: all positions and employees in the county
service subject to the provisions of this Division.
(g) Commission: the County Personnel Policy Commission established
under this Division.
(h) County: the County government.
(i) Department: a county governmental unit under the control of an
appointing authority which has a separate operating budget approved by
the Board.
(j) Director: Director of the County Personnel Department.
(k) Eligible: a person who has attained a passing score on an
examination for a specific class.
(l) Employee: a person who is paid a wage, salary or stipend from
public monies in accordance with official entries on a county payroll.
(m) List of eligibles: the persons who have met the minimum
requirements for entry into a class.
(n) Part-time employee: an employee who works less than 30 hours per week.
(o) Permanent employee: any employee in the classified service who
has satisfactorily completed the probationary period and has been so
certified by the appointing authority.
(p) Personnel department: the personnel director and the employees
under the director's supervision.
(q) Position: a specific employment whether occupied or vacant,
involving duties requiring the services of one person.
(r) Probation: a specified period of employment following
appointment, reemployment, transfer, promotion or demotion; it is the
final step in the examination process during which work performance of
an employee is evaluated.
(s) Promotion: a change in the assignment of an employee from a
position in one class to a position in another class having a higher
range of pay.
(t) Suspension: the temporary separation of an employee from his/her
position for disciplinary reasons.
(u) Temporary employee: an employee who by prearrangement works at a
given position for not more than 4 months per year.
(v) Unclassified service: all positions in the county service which
are exempt from the provisions of this Division and from the
rules pertaining thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12003) (from Ch. 34, par. 3-12003)
Sec. 3-12003.
Classified and unclassified service.
The county
service shall be divided into the classified and unclassified service. All
offices and positions of the county shall be in the classified service
unless specially designated as being in the unclassified service by this
Division. Positions in the unclassified service shall include the following:
(1) officials elected at large in the county and up to three chief
assistants to each such elected official;
(2) department managers;
(3) officials and employees whose appointment and removal is
otherwise provided by law;
(4) attorneys;
(5) chief deputies, assistant chief deputies, first assistants to
department managers and second assistants to department managers, according
to the following standards:
a. in offices of fewer than 20 full time employees, one chief
deputy or first assistant to the department manager;
b. in offices of more than 20 people, the chief deputy or first
assistant and the assistant chief deputy or second assistant;
(6) private secretaries to all those exempted persons except
attorneys below the rank of second assistant; and
(7) all part-time or temporary employees.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12004) (from Ch. 34, par. 3-12004)
Sec. 3-12004.
Membership of commission.
(a) There shall be
a Personnel Policy Commission consisting of 5 members selected from the
general public by the county board chairman with the consent of the county
board.
(b) From the membership of the Personnel Policy Commission the
county board chairman shall select a chairman of the commission.
(c) Appointments to the Personnel Policy Commission shall be made as
follows:
(1) two members shall be appointed for a term ending the first
Monday of July, 1979;
(2) two members shall be appointed for a term ending the first
Monday of July, 1980;
(3) one member shall be appointed for a term ending the first
Monday of July, 1981;
(4) thereafter, not later than the first Tuesday of June, each
member shall be appointed in the same manner for a term of 3 years,
except that any person appointed to fill a vacancy occurring prior to
the expiration of a term shall be appointed in the same manner for the
remainder of the term. Each member of the commission shall hold office
until his successor is appointed and qualified.
The Personnel Policy Commission shall meet at such time
and place as shall be specified by call of the commission chairman. At
least one meeting shall be held quarterly; three members shall
constitute a quorum for the transaction of business. Commission members
shall serve without compensation; however, they shall be reimbursed for
travel and other necessary and reasonable expenses in accordance with
the established procedures of the county.
(d) Commission members shall be subject to the following
qualifications restrictions:
a. not more than 3 members shall be of the same political party;
b. no commissioner shall hold another lucrative office or
employment under the United States, the State of Illinois or any
municipal corporation or political division thereof;
c. no commissioner shall be a member of any local, state or
national committee of a local political party or an officer or member of
standing committees of any partisan political group or organization;
d. no commissioner can be a candidate for any partisan elective
public office;
e. commissioners may be removed from office by the county board
chairman, with the consent of the county board, for neglect of duty or
malfeasance in office.
(e) The county board shall make appropriations from the general fund
to meet the estimated cost of administering the provisions of this
resolution.
(f) The Director of Personnel shall serve as executive secretary of
the Personnel Policy Commission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12005) (from Ch. 34, par. 3-12005)
Sec. 3-12005.
Powers and duties of commission.
The commission shall:
(a) be empowered to promulgate and amend rules, pertaining to the
merit employment system, within the scope of Section 3-12007.
Such rules and amendments thereto, upon adoption by majority vote of the
commission, shall be submitted through the county board chairman to the
county board and shall become effective 60 days thereafter unless the
board enacts a resolution of non-acceptance within that time.
(b) by its rules, provide for promotion on the basis of ascertained
merit, examination and seniority, and provide, where practicable, that
vacancies shall be filled by promotion. The commission shall submit to
the appointing authority the names of not more than 5 applicants for
each promotion.
(c) review any grievance or disciplinary action concerning an
employee where appealed by such employee, and issue a final determination.
(d) investigate or require the Director of Personnel to investigate
any matter, as it considers necessary, concerning the management of
county personnel.
(e) make periodic recommendations and reports as required by the
county board.
(f) perform such other duties as may be expressly set forth in this
Division and in the regulations adopted pursuant thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12006) (from Ch. 34, par. 3-12006)
Sec. 3-12006.
Director of Personnel.
The Director of Personnel
shall be a person experienced in the field of personnel administration,
particularly in the application of merit principles and scientific methods
to public employment, and shall be appointed by the county board chairman
with the advice and consent of the county board.
In addition to other duties as may be imposed by the Personnel Policy
Commission, the duties of the Director of Personnel shall be to:
(a) apply and carry out the provisions of this Division and
the rules and regulations adopted hereunder;
(b) be empowered to establish a system of examinations and
procedures for appointment and removal of employees and other persons
subject to the merit employment system;
(c) prepare a register for each grade or class of positions of the
persons whose general average standing upon examination is not less than
the minimum fixed by the commission and who are otherwise eligible,
listing each person in order of relative excellence;
(d) be empowered to establish and carry out appropriate penalties,
limited to dismissal, demotion, or suspension, for violations of
Sections 3-12009, 3-12010 or 3-12011;
(e) attend meetings of the Personnel Policy Commission, act as
executive secretary, and keep minutes of its proceedings;
(f) establish and maintain a roster of all employees in the county
classified service showing class title, pay or status and other
pertinent data;
(g) subject to county board approval, appoint such employees of the
personnel department and such special assistants as may be necessary to
carry out effectively the provisions of this resolution;
(h) develop, in cooperation with appointing authorities and others,
programs for improvement of employee effectiveness, including but not
limited to training, safety, health, counseling welfare and handling of
grievances;
(i) review as necessary the operation and effect of this Division
and of the rules promulgated pursuant to this Division
and report findings and recommendations to the Commission;
(j) encourage and exercise leadership in the development of
effective administration with the county agencies, departments and
institutions; and
(k) perform such other lawful acts which the Director of Personnel
may consider necessary or desirable to carry out the purposes of this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
Sec. 3-12007. Proposed rules for classified service. (a) The
Director of Personnel shall prepare and submit to the commission proposed
rules for the classified service. The director shall give at least 10
days' notice to the heads of all departments or agencies affected and they
shall be given an opportunity, upon their request, to appear before the
commission to express their views thereon before action is taken by the
commission.
(b) The rules, as adopted pursuant to subsection (a) of Section
3-12005 shall provide for:
(1) preparation, maintenance and revision of a | ||
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(2) promotion which shall give appropriate | ||
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(3) open competitive examinations to determine the | ||
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(4) competitive selection of employees for all | ||
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(5) establishment of lists of eligibles for | ||
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(6) certification by the director to the appointing | ||
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(7) rejection of candidates who do not comply with | ||
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(8) periods of probationary employment. During the | ||
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(9) provisional employment without competitive | ||
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(10) transfer from a position in one department to a | ||
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(11) procedures for authorized reinstatement within | ||
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(12) layoff by reason of lack of funds or work or | ||
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(13) keeping records of performance of all employees | ||
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(14) suspension, demotion or dismissal of an employee | ||
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(15) establishment of a plan for resolving employee | ||
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(16) hours of work, holidays and attendance | ||
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(17) development of employee morale, safety and | ||
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(18) establishment of a period of probation, the | ||
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(19) such other rules, not inconsistent with this | ||
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(Source: P.A. 102-1030, eff. 5-27-22.)
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(55 ILCS 5/3-12008) (from Ch. 34, par. 3-12008)
Sec. 3-12008.
Permanent status of incumbent employees.
Upon
the initial implementation of this Division, incumbent employees may obtain
permanent status as follows:
(a) Employees holding positions in the county classified service who
have satisfactorily completed their prescribed probationary period
shall, upon the certification of the manager or head of the agency or
department in which they are employed, be continued in their positions
in the classified service without examination.
(b) Employees holding positions in the county classified service for
less than their prescribed probationary period shall, upon certification
of the manager or head of the agency or department in which they are
employed, be continued in their positions in the classified service
without examination until they shall have satisfactorily completed their
prescribed probationary period.
The salaries of incumbent employees in both the above-described
categories shall not be reduced as a result of the adoption of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12009) (from Ch. 34, par. 3-12009)
Sec. 3-12009.
Political activity by employees.
(a) No employee shall:
(1) Use any political endorsement in connection with any
appointment to a position in the county classified service, or
(2) Use or promise to use any official authority or influence for
the purpose of influencing the vote or political action of any person or
for any consideration.
(b) Any person in the county service who violates any of the
provisions of this Section shall be subject to such penalties as are
determined by the commission and promulgated in the merit employment
system rules,
(c) The provisions of this Section shall be construed as subordinate
to any federal prohibitions against political activity by employees in
the county classified service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12010) (from Ch. 34, par. 3-12010)
Sec. 3-12010.
Unlawful discrimination prohibited.
(a) No
unlawful discrimination as that term is defined in the
Illinois Human Rights Act, shall be exercised in any manner by
any county official, appointing authority or employee.
(b) The Illinois Human Rights Act applies to the employment practices
of county officials, appointing authorities, and employees.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12011) (from Ch. 34, par. 3-12011)
Sec. 3-12011.
Certain statements and acts prohibited.
(a)
No person shall make any false statement, certificate, mark, rating or
report with regard to any test, certification or appointment made under any
provision of this Division or in any manner commit or attempt to commit any
fraud preventing the impartial execution of this Division.
(b) No person shall, directly or indirectly, give, render, pay,
offer, solicit or accept any money, service or other valuable
consideration for or on account of any appointment, proposed
appointment, promotion or proposed promotion to, or any advantage in, a
position in the county classified service.
(c) No employee in the personnel department, examiner, or other
person shall defeat, deceive or obstruct any person in his right to
examination, eligibility, certification or appointment under this
resolution, or furnish to any person any special or secret information
for the purpose of affecting the rights or prospects of any persons with
respect to employment in the county classified service.
(d) No person shall discharge, degrade or promote or in any manner
change the official rank or compensation of any person in the classified
service or subject to this Division, or promise or threaten to
do so, for giving or withholding or neglecting to make any contribution of
money or any other valuable thing for any party or political purpose, or
for rendering, refusing or neglecting to render any party or political service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12012) (from Ch. 34, par. 3-12012)
Sec. 3-12012.
Cooperation with governmental agencies.
The Director
of Personnel, acting in behalf of the county board, shall, as practicable,
cooperate with other governmental agencies charged with public personnel
administration in conducting examinations, training personnel, and
establishing lists from which eligibles shall be certified for appointment,
for promotion and for interchange of personnel.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-12013) (from Ch. 34, par. 3-12013)
Sec. 3-12013.
Violations; prosecution.
Any person who wilfully or through culpable negligence
violates this Division, or any commission, examiner, agent or employee of
the commission, or any applicant who wilfully or through culpable
negligence violates any rule promulgated under this Division, shall be
punished by a fine of not less than $50 nor more than $1,000, or by
imprisonment in a penal institution other than the penitentiary for a term
not exceeding 6 months, or both.
All prosecutions for violations of this Division shall be instituted and
conducted by the State's Attorney of the county where the offense occurred.
In the case of conviction under this Division, the office or position held
by the person convicted shall be considered vacant.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/Div. 3-13 heading) Division 3-13.
Accounts and Annual Reports
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(55 ILCS 5/3-13001) (from Ch. 34, par. 3-13001)
Sec. 3-13001.
Account of fees received by county officers.
Every county officer of counties of the first and second classes who
collects fees shall, in a book to be kept for that purpose, keep a full,
true and minute account of all the fees and emoluments of his or her
office, designating in corresponding columns, the amount of all fees and
emoluments earned, and all payments received on account thereof, and
showing the name of each person or persons paying fees, and the amount
received from each person, and shall also keep an account of all
expenditures made by him or her on account of clerk hire, stationery, fuel,
and other expenses, for keeping which book no fees shall be allowed to such
officer.
Every such officer of counties of the first and second classes, shall,
on the first day of June and December of each year,
make to the chairman of the county boards, a return in writing of all the
fees and emoluments of his or her office, of every name and character,
which report shall show the gross amount of the earnings of the office, and
the total amount of receipts of whatever name and character, and all
necessary expenses for clerk hire, stationery, fuel and other expenses for
the half year ending at the time of such report, or the portion thereof.
The county boards, in counties of the first and second class, shall
carefully audit and examine such report, and ascertain the exact
balance of such fees, if any, held by any such officer, and shall order
that such officer shall pay over such moneys to the county treasurer, whose
receipt therefor shall be evidence of the settlement, by such officer of
such report.
Every such report shall be signed and verified by the affidavit of the
officer making the same, which affidavit shall be substantially of the
following form:
"STATE OF ILLINOIS,
County of ....
I, ...., do solemnly swear, that the foregoing account is, in all
respects, just and true, according to my best knowledge and belief; and
that I have neither received, directly or indirectly, nor directly or
indirectly agreed to receive or be paid, for my own or another's benefit,
any other moneys, article or consideration than therein stated.
........................
Signed and sworn to before me on (insert date).
......................."
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/3-13002) (from Ch. 34, par. 3-13002)
Sec. 3-13002.
Books of account; violations.
In counties of the
third class, there shall be formulated, installed and regulated in offices
of every county officer, (hereinafter referred to as "county
officers") by and under the direction of the county board of the counties
of the third class, a uniform system of books of account, forms, reports
and records, which system of books of account, forms, reports and
records, and no other, shall be used by such county officers of the
counties of the third class herein named, in compiling the reports
hereinafter provided for to be made by them and in keeping a true and
accurate account of fees received, and all other transactions
of the business of their respective offices.
The system of books of accounts, forms, reports and records may be
altered, changed or amended from time to time by the county boards of
the counties of the third class, or under their authority, and, when
so altered, changed or amended shall be used by the county officers of
counties of the third class in lieu of the books of account, forms, reports
and records then in use.
The county boards in counties of the third class are hereby authorized
and empowered to audit the said books of account, forms, reports and
records, containing the record of the fees received, and
all other transactions of the county officers at any time and for the
purpose of so doing, the county board in counties of the third class,
or anyone by such boards authorized to do so, are hereby vested with power
and authority to enter the said offices of such county officers of the
counties of the third class at all times, and have free and unrestricted
access to all of the books, papers, forms, records and reports, used by
the county officers named herein, in recording the receipt of fees
received by them, and of all other business of their
respective offices for the purpose of so auditing, checking, compiling or
copying the reports, provided hereinafter to be made to the county boards
of counties of the third class.
The county officers in the counties of the third class
shall, on the first day of June and
December of each and every year, make and transmit a report in
writing under oath to the county board of counties of the third class
upon such forms as may be prescribed by the board for that purpose, and,
if the board in such counties does not prescribe a form for such report,
then, the county officers named herein shall make a report under oath in
the same manner as is provided for in counties of the first and second class.
The report so provided to be made and transmitted to the county board of
counties of the third class, by the provisions of this Division, shall
forthwith be audited by the county board or under its
authority, and, if found correct, the same shall be forthwith approved and
also attested by some one authorized by it so to do, and if, after the same
is audited, same is found correct, the county officer so
making the report shall be notified in writing, by the county board, in
such counties that the same has been audited and found
correct and so attested; and if, after auditing, the county board is
unable to approve the same, the county officer so making the same
shall be forthwith notified in writing that the report, giving the
date thereof, by him or her filed, is incorrect, and the notification shall
state wherein the same is incorrect, and that the county board is
unable to approve the same.
The county officers named herein, in making their report, as provided
for herein, shall in no case include in the report any item previously
reported, but shall make a separate report of all fees and emoluments which
have previously been returned not received and which have been paid
during the half year previous to making any such report, designating them
as in other cases and indicating in what half year the same were
earned. Nothing in this provision shall be construed as depriving
the county boards of counties of the third class of the authority to
prescribe forms to the county officers in counties of the third class,
to be used by them in reporting such fees.
The county boards in counties of all classes shall have full authority
in their respective meetings, to inspect, examine and audit the records,
feebooks, books, papers, forms, memoranda and reports of any county officer
in which fees are charged or recorded and in which is kept any minutes or
records of the business of their respective offices for the purpose of
checking, auditing and correcting the accounts rendered by the county officers.
All fees, perquisites and emoluments received by said county officers in
counties of the first and second classes shall be paid into the county
treasury, and every county officer in counties of the third class, shall
pay into the county treasury at the end of each current
month all fees received by him or her during the said month which, under the
constitution of this State, he is required to pay into the county treasury.
Provided that in counties of the first and second classes all excess
fees of the county officers paid into the county treasury as above provided
shall be placed in a separate fund to be known as "county officers fund"
and used for the purpose of paying any of the necessary expenses of the
several county officers, including stationery, printing and office supplies
when bills for the payment thereof have been properly allowed by the county
board, and after the thirtieth day of November of each year any unexpended
moneys which were paid into such fund during the preceding year shall be
accredited to the general fund of the county.
The county treasurer in all counties, shall keep a book for the purpose
of entering all fees received by him or her, in which shall be entered and set
forth particularly the amount of fees received, from whom and when
received, which book shall be subject to the inspection of the county boards.
Any officer who fails or refuses to permit county boards or any one
authorized by such boards, to have free and unrestricted access to books,
papers, records and memoranda, as provided for herein, or fails or refuses
to make the payments to the county treasurer, as herein provided, or fails
or refuses to produce books for inspection or fails or refuses to make the
semi-annual report, as herein provided, shall be guilty of a petty offense.
And any officer named herein, who fails to enter fees in a book, as
required by this Division, or to use the books, forms,
reports and records, as provided herein to be used by them in counties of
the third class, or who makes a false entry of the same, or who falsifies
a semi-annual report, shall be deemed guilty of a petty offense of
malfeasance in office, for each offense, 1/2 of such fine to be paid to the
complainant and 1/2 to the county treasurer.
All acts or portions of acts in conflict with this are hereby repealed.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 3-14 heading) Division 3-14.
Officers and Employees in Cook County
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(55 ILCS 5/3-14001) (from Ch. 34, par. 3-14001)
Sec. 3-14001.
Appointment of officers and employees; salaries
and bond. All officers and employees of the county of Cook, in the
classification hereinafter provided for, except those whose election or
appointment is otherwise provided for by law, and except those enumerated
in Section 3-14022, shall be appointed by the president of the board,
according to the provisions of this Section. The salaries or rate of
compensation of all officers and employees of said county, when not
otherwise provided by law, shall be fixed by the board of commissioners and
shall be fixed prior to the adoption of the annual appropriation, and shall
not be changed during the year for which the appropriation is made. The
board of commissioners shall also determine whether any or what amount of
bond any officer or employee shall give.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14002) (from Ch. 34, par. 3-14002)
Sec. 3-14002.
Position-classification agency.
The Board of
Commissioners shall have the authority to create a position-classification
agency and to delegate to such agency the power to establish and maintain a
position-classification and compensation plan for all county employees
except those whose election or appointment is otherwise provided for by law
and except those enumerated in Section 3-14022. Without limitation as to
the generality hereof the authority of such agency shall also extend to the
offices of the Clerk of the Circuit Court, Sheriff, County Treasurer,
Recorder, Coroner, Jury Commissioners, Public Defender, County Clerk,
State's Attorney, County Assessor, Board of Appeals and Superintendent
of Schools.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14002.5)
Sec. 3-14002.5.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more, the Cook County Forest Preserve District,
the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Board of Education, or a
housing authority of a municipality with a population of 500,000 or more
that a debt is due and owing the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
by an employee of a county with a population of 3,000,000 or more,
the county may withhold, from the compensation of that employee, the amount of
the
debt that is due and owing and pay the amount withheld to the
municipality, the Cook County Forest Preserve District, the Chicago Park
District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority; provided, however, that
the amount deducted from any
one
salary or wage payment shall not exceed 25% of the net amount of the
payment.
(b) Before the county deducts any amount from any salary or
wage of an employee under this Section, the municipality, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority
shall
certify
that (i) the employee has been afforded an opportunity for a hearing to
dispute the debt that is due and owing the municipality, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, the
Chicago Board of Education, or the housing authority and (ii) the employee has
received notice of a wage deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means that part of the salary or | ||
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(2) "Debt due and owing" means (i) a specified sum of | ||
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(d) Nothing in this Section is intended to affect the power of a county to
withhold the amount of any debt that is due and owing the county by any of its
employees.
(Source: P.A. 92-109, eff. 7-20-01.)
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(55 ILCS 5/3-14003) (from Ch. 34, par. 3-14003)
Sec. 3-14003.
Department of construction, maintenance and
operation. The Board of Commissioners shall have the authority to create
and maintain a department of construction, maintenance and operation to
which may be assigned such powers as the board may deem necessary for the
proper construction, maintenance and operation of all buildings owned or
controlled by the County and used for County purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14004) (from Ch. 34, par. 3-14004)
Sec. 3-14004.
Department of central services.
The Board of
Commissioners shall have the authority to create and maintain a department
of central services to which may be assigned such powers as the Board may
deem necessary for the proper functioning of the County government.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14005) (from Ch. 34, par. 3-14005)
Sec. 3-14005.
Budget department.
The board of commissioners shall
create and maintain a budget department to prepare an executive budget for
the County of Cook as directed by the president. The department shall be
headed by a budget director, who shall be appointed by the president with
the advice and consent of the board of commissioners.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14006) (from Ch. 34, par. 3-14006)
Sec. 3-14006.
Creation of bureau of administration.
The Board of Commissioners of Cook County shall create and maintain a
bureau of administration which shall be headed by a chief administrative
officer appointed by the president with the approval of the board. The
bureau shall consist of the department of budget, the department of
personnel, the department of management services, and the department of
county planning.
Each department mentioned respectively has and shall exercise the
powers, duties, responsibilities, functions and authority provided by law
for those purposes or functions.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14007) (from Ch. 34, par. 3-14007)
Sec. 3-14007.
Chief administrative officer.
The chief administrative
officer shall be a professional administrator experienced in public
administration. He shall serve at the pleasure of the president and until
his successor has been appointed and confirmed. Neither his political
beliefs nor his residence shall be factors when a candidate is under
consideration for the position of chief administrative officer.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14008) (from Ch. 34, par. 3-14008)
Sec. 3-14008.
Powers and duties of chief administrative officer.
The chief administrative officer shall be responsible for the management
and direction of the bureau of administration and of any other agency,
function, or matter the county board may assign to him from time to time.
He shall be under the policy direction and the control of the president and
the county board, and his administrative actions shall be in conformance
with the laws and in accordance with the decisions and authorization of the
president and the board. He shall be privileged to attend all meetings of
the county board and its committees with the right to participate in
discussions but with no right to vote. The chief administrative officer has
all the powers and shall exercise all the duties granted elsewhere in this
Code to the Board of Commissioners of Cook County with respect to the
preparation of county budgets or budget estimates and the administration of
county budget appropriations including Sections 6-24002, 6-24003 and
6-24010. He shall carry out a continuing review of all county departments,
agencies, operations and needs, and shall, at his discretion or when
requested, make recommendations with respect to any or all matters
relevant thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14009) (from Ch. 34, par. 3-14009)
Sec. 3-14009.
Department of management services.
The department of management services shall encompass systems and
procedures, planning of data processing, administrative analysis, and
related management staff services, including any additional relevant
responsibilities that the county board may prescribe.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14010) (from Ch. 34, par. 3-14010)
Sec. 3-14010.
Department of Data Processing.
The Board of
Commissioners has authority to create and maintain a Department of Data
Processing to which may be assigned such powers as the County Board may
deem necessary for the proper functioning of County government. This
department has authority to service all County departments, offices and
agencies established under the Board of Commissioners. The Board of
Commissioners may enter into agreements with constitutional officers of
county government for such services by the Department of Data Processing
within the respective offices of such elected county officers. The
department shall be headed by a Director, who shall be appointed by the
President with the advice and consent of the Board of
Commissioners.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/3-14011) (from Ch. 34, par. 3-14011)
Sec. 3-14011.
Civil service commission.
The president of the county
board shall at the first regular meeting of the first day after July, A. D.
1895, appoint three persons, who shall constitute and be known as the civil
service commission of said county; one for a term ending on the first
Monday of December, A. D. 1895; one for a term ending on the first Monday
of December, A. D. 1896; one ending on the first Monday of December, A. D.
1897, and until their respective successors are appointed and qualified.
And at the respective dates above named, or soon thereafter, the president
shall in like manner appoint one person as the successor, or a commission,
whose term shall then expire, to serve as a commissioner for three years,
and until his successor is in like manner appointed and qualified. Two
commissioners shall constitute a quorum. All appointments to such
commission, both original and to fill vacancies, shall be so made that not
more than two members shall at the time of appointment be members of the
same political party. Said commissioner shall hold no other lucrative
office or employment under the United States, the State of Illinois, or any
municipal corporation or political division thereof. Each commissioner,
before entering upon the duties of his office, shall take the oath
prescribed by the Constitution of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14012) (from Ch. 34, par. 3-14012)
Sec. 3-14012.
Removal of commissioners; vacancy.
The president
may, in his discretion, remove any commissioner for incompetence, neglect
of duty or malfeasance in office. The president shall, at the next regular
meeting, report in writing any such removal to the board, with his reasons
therefor. Any vacancy in the office of civil service commissioner shall be
filled by appointment by the president.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14013) (from Ch. 34, par. 3-14013)
Sec. 3-14013.
Classification of offices and places.
Said commissioners shall classify all the offices and places
of employment in said county with reference to the examination
hereinafter provided for, except those offices and places mentioned
in Section 3-14022. The offices and places so classified by the
commission shall constitute the classified civil service of said
county, and no appointments to any of such offices or places or
removals therefrom shall be made except under and according to
the rules hereinafter mentioned.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14014) (from Ch. 34, par. 3-14014)
Sec. 3-14014.
Rules.
Said commission shall make rules to
carry out the purposes of this Division, and for examinations,
appointments and removals in accordance with its provisions, and the
commission may, from time to time, make changes in the original rules.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14015) (from Ch. 34, par. 3-14015)
Sec. 3-14015.
Publication of rules and effective date.
All rules made as hereinbefore provided, and all changes
therein, shall forthwith be printed for distribution by said
commission; and the commission shall give notice of the place
or places where said rules may be obtained, by publication in
one or more daily newspapers published in such county; and in
each such publication shall be specified the date, not less
than ten days subsequent to the date of such publication, when
said rules shall go into operation.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14016) (from Ch. 34, par. 3-14016)
Sec. 3-14016.
Examination.
of applicants. All applicants for
offices or places in said classified service, except those mentioned in
Section 3-14022 shall be subjected to examination, which shall be public,
competitive and open to all citizens of the United States who possess the
prerequisites necessary to the performance of the duties of the position,
with specified limitations as to residence, age, health, habits and moral
character, as stated in the notice of the examination. Such examinations
shall be practical in their character and shall relate to those matters
which will fairly test the relative capacity of the persons examined to
discharge the duties of the positions to which they seek to be appointed,
and shall include tests of physical qualifications and health, and when
appropriate, of manual skill. No questions in any examination shall relate
to political or religious opinion or affiliations. The commission shall
control all examinations and may, when an examination is to take place,
designate a suitable number of persons, either in or not in the official
service of said county, to be examiners; and it shall be the duty of such
examiners, and, if in the official service, it shall be a part of their
official duty, without extra compensation, to conduct such examination as
the commission may direct, and make return or report to said commission;
and the commission may at any time, act as such examiners, and without
appointing examiners. The examiners at any examination shall not all be
members of the same political party.
Every applicant who desires to take any civil service examination
provided for by this Division, shall, at the time of making application,
pay to the County a fee, as hereinafter provided, to defray the expenses of
such examination. Such fee shall be deposited in the general fund of the
County. Fees to be paid shall be determined from the minimum announced
salary for the positions to be filled, and shall be as follows:
Minimum salary of less than $1200 annually $0.50Minimum salary of $1200 or over and less than $2000 annually 1.00Minimum salary of $2000 or over and less than $3000 annually 2.00Minimum salary of $3000 or more annually 3.00
which do not carry monetary compensations shall be fixed by action of the
Commission at the time such examinations are called.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14017) (from Ch. 34, par. 3-14017)
Sec. 3-14017.
Notice of examination.
Notice of the time and place
and general scope and fee of every examination shall be given by the
commission by publication for two weeks preceding such examination, in a
newspaper of general circulation published in said county, and such notice
shall also be posted by said commission in a conspicuous place in their
office for two weeks before such examination. Such further notice of
examination may be given as the commission shall prescribe.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14018) (from Ch. 34, par. 3-14018)
Sec. 3-14018.
Registers of candidates.
From the returns or reports
of the examiners, or from the examinations made by the commission, the
commission shall prepare a register for each grade or class of positions in
the classified service of said county, of the person whose general average
standing upon examination for such grade or class is not less than the
minimum fixed by the rules of such commission, and who are otherwise
eligible; and such persons shall take rank upon the registers as candidates
in the order of their relative excellence, as determined by examination,
without reference to priority of time of examination. Said commission may
strike off names of candidates from the register after they have remained
thereon for more than two years.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14019) (from Ch. 34, par. 3-14019)
Sec. 3-14019.
Promotions.
The Commission shall, by its rules,
provide for promotion in such classified service, on the basis of
ascertained merit, examination and seniority in service, and shall provide,
in all cases where it is practicable, that vacancies shall be filled by
promotion. All examinations for promotion shall be competitive among such
members of the next lower rank or grade as desire to submit themselves to
such examination; provided, however, the commission, in order to create or
increase competition, may combine ranks or grades for the purpose of
promotion; and it shall be the duty of the commission to submit to the
appointing power the names of not more than three applicants for each
promotion having the highest rating. The method of examination and the
rules governing the same and the method of certifying shall be the same as
provided for applicants for original appointment.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14020) (from Ch. 34, par. 3-14020)
Sec. 3-14020.
Appointments to classified service.
The head
of the institution, department or office in which a position classified
under this Division is to be filled, shall notify the president of the
board and said commission of that fact, and said commission shall certify
to the appointing officer the name and address of the candidate standing
highest upon the register for the class or grade said position belongs to,
except that in case of laborers, where a choice by competition is
impracticable, said commission may provide by its rules that the selection
may be made by lot from among those candidates proved fit by examination.
In making such certification, sex shall be disregarded. Said appointing
officer, meaning thereby the president of said board, shall notify said
commission of each position to be filled separately, and shall fill such
place by the appointment of the person certified by said commission
therefor, which appointment shall be on probation for a period to be fixed
by said rules. At or before the expiration of the period of probation, the
officer having the power of appointment may, with the consent of said
commission, discharge such person so appointed on probation, upon assigning
in writing to said commission his or her reasons therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14021) (from Ch. 34, par. 3-14021)
Sec. 3-14021.
Preference to veterans in appointments.
Persons
who were engaged in the military or naval service of the United States
during the years 1898, 1899, 1900, 1901, 1902, 1914, 1915, 1916, 1917,
1918, 1919, any time between September 16, 1940 and July 25, 1947, or any
time during the national emergency between June 25, 1950 and January 31,
1955, and who were honorably discharged therefrom, and all persons who were
engaged in such military or naval service during any of said years, any
time between September 16, 1940 and July 25, 1947, or any time during the
national emergency between June 25, 1950 and January 31, 1955, who are now
or may hereafter be on inactive or reserve duty in such military or naval
service, not including, however, persons who were convicted by
court-martial of disobedience of orders, where such disobedience consisted
in the refusal to perform military service on the ground of alleged
religious or conscientious objections against war shall be preferred for
appointment to civil offices, positions, and places of employment in the
classified service of the county, provided they are found
to possess the business capacity necessary for the proper discharge of the
duties of such office, position, or place of employment as determined by
examination for original entrance.
The Civil Service Commission on certifying from any existing register of
eligibles resulting from the holding of an examination for original
entrance or any register of eligibles that may be hereafter created of
persons who have taken and successfully passed the examinations provided
for in this Division for original entrance commenced prior to September 1,
1949, shall place the name or names of such persons at the head of any
existing eligible register or list of eligibles that shall be created under
the provisions of this Division to be certified for appointment. The Civil
Service Commission shall give preference for original appointment to
persons as hereinabove designated whose names appear on any register of
eligibles resulting from an examination for original entrance held under
the provisions of this Division and commenced on or after September 1, 1949
by adding to the final grade average which they received or will receive as
the result of any examination held for original entrance, five points. The
numerical result thus attained shall be applied by the Civil Service
Commission in determining the position of such persons on any eligible list
which has been created as the result of any examination for original
entrance commenced on or after September 1, 1949 for purposes of preference
in certification and appointment from such eligible list.
Every certified Civil Service employee who was called to, or who
volunteered for, the military or naval service of the United States at any
time during the years specified in this Division, at any time between September
16, 1940 and July 25, 1947, or any time during the national emergency
between June 25, 1950 and January 31, 1955, and who was honorably
discharged therefrom, who is now or who may hereafter be on inactive or
reserve duty in such military or naval service, not including, however,
persons who were convicted by courtmartial of disobedience of orders where
such disobedience consisted in the refusal to perform military service on
the ground of alleged religious or conscientious objections against war,
and whose name appears on existing promotional eligible registers or on any
promotional eligible register that may hereafter be created, shall be
preferred for promotional appointments to civil offices, positions, and
places of employment in the classified civil service of any county coming
under the provisions of this Division. The Civil Service Commission shall give
preference for promotional appointment to persons as hereinabove designated
whose names appear on existing promotional eligible registers or
promotional eligible registers that may hereafter be created by adding to
the final grade average which they received or will receive as the result
of any promotional examination commencing prior to September 1, 1949
three-fourths of one point for each 6 months or fraction thereof of
military or naval service not exceeding 30 months, and by adding to the
final grade average which they will receive as the result of any
promotional examination held commencing on or after September 1, 1949
seven-tenths of one point for each 6 months or fraction thereof of military
or naval service not exceeding 30 months. The numerical results thus
attained shall be applied by the Civil Service Commission in determining
the position of such persons on any eligible list which has been created or
will be created as the result of any promotional examination held hereunder
for purposes of preference in certification and appointment from such
eligible list. No person shall receive the preference for a promotional
appointment granted by this Section after he has received one promotion
from an eligible list on which he was allowed such preference and which was
prepared as a result of an examination held on or after September 1, 1949.
No person entitled to preference or credit for military or naval service
hereunder shall be required to furnish evidence or record of honorable
discharge from the armed forces before any examination held under the
provisions of this Division but such preference shall be given after the
posting or publication of the eligible list or register and before any
certification or appointments are made from the eligible register.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14022) (from Ch. 34, par. 3-14022)
Sec. 3-14022.
Exemptions.
The following offices, positions and
places of employment are hereby exempted from the provisions of this
Division: officers elected by the people; the officers and
employees whose appointment and removal is otherwise provided
for by law; attorneys and other employees whose necessary
qualifications, in the judgment of the commission, include admission to
the practice of law in the state. The chief deputy assessor, deputy
assessor in charge of administrative service division, deputy assessor
in charge of real estate division and deputy assessor in charge of
personal property division, the appointment of whom shall be made by the
County Assessor of Cook County, shall not be included in the classified
service of Cook County. The superintendent of the Cook County Hospital
Mental Health Clinic and the purchasing agent, the appointment of whom
shall be made by the President of the Board of Commissioners of Cook
County, with the advice and consent of the Board of Commissioners
of Cook County, shall not be included in the classified service.
Provided, that the Board of Commissioners of Cook County may contract
with any recognized training school for the nursing of any or all of the
persons who are sick or mentally ill.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14023) (from Ch. 34, par. 3-14023)
Sec. 3-14023.
Removals from classified service.
No officer
or employee in the classified service of the county, who shall have been
appointed under said rules and after said examination, shall be removed or
discharged or suspended for a period of more than 30 days, except for
cause, upon written charges to be filed in the office of the Civil Service
Commission by the executive head of the department, institution, or office
in which such officer or employee is then employed,
or by the appointing officer, and after an opportunity to be heard in his
own defense. Such charges shall be investigated or heard by or before the
Civil Service Commission, or by or before some officer or board appointed
by the Commission to conduct such investigation or hearing. The Commission,
after receipt of such charges, shall set a date for a hearing on or
investigation of such charges, which date shall be within 30 days from the
date of the suspension of such officer or employee on such charges pending
such investigation or hearing. The hearing shall be public, and the officer
or employee shall be entitled to call witnesses in his own defense and to
have the aid of counsel. The finding and decision of such Commission or
officer or board appointed by it to conduct such investigation when
approved by said Commission shall be certified to the appointing officer,
and shall be forthwith enforced by such officer. In making its finding and
decision, or in approving the finding and decision of some officer or board
appointed by it to conduct such investigation or hearing, the Civil Service
Commission may, for disciplinary purposes, suspend an officer or employee
for a period of time not to exceed 90 days, and in no event to exceed a
period of 120 days from the date of any suspension of said officer or
employee, pending investigation of such charges.
Nothing in this Division shall limit the authority of the
appointing officer or the executive head of any department, institution or
office to suspend a subordinate for a reasonable period not exceeding 30
days. Any officer or employee serving his or her probationary period fixed
by the Commission may be discharged by the appointing officers or the
executive head of the department, institution, or office in which such
officer or employee is then employed, without reference to the provisions of this Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14024) (from Ch. 34, par. 3-14024)
Sec. 3-14024.
Lay-offs.
Whenever it becomes necessary through lack
of work or funds, or whenever a position is abolished and the number of
employees in a department must be reduced, the employee shall first be laid
off who has the lowest seniority in the grade and department in which the
reduction is to be made, except in the classification of laborer, where
candidates are not listed according to their relative proficiency as
provided in Section 3-14020, and where the employment is on a seasonal or
"as required" basis, the performance on the job of the employee shall be
considered rather than seniority.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14025) (from Ch. 34, par. 3-14025)
Sec. 3-14025.
Reports to commission.
Immediate notice in writing
shall be given by the appointing power to said commission of all
appointments, permanent or temporary, made in such classified civil
service, and of all transfers, promotions, resignations or vacancies from
any cause in such service and of the date thereof and a record of the same
shall be kept by said commission. When any office or place of employment is
created or abolished, or the compensation attached thereto altered, the
officer or board making such change shall immediately report it in writing
to said commission.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14026) (from Ch. 34, par. 3-14026)
Sec. 3-14026.
Investigations.
The commission shall
investigate the enforcement of this Division and its rules,
and the action of examiners herein provided for and the conduct
and action of the appointees on the classified civil service of
said county. In the course of such investigation each commissioner
shall have power to administer oaths, and said commission shall
have power to secure by its subpoena both the attendance and
testimony of witnesses and the production of books and papers
relevant to such investigations.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14027) (from Ch. 34, par. 3-14027)
Sec. 3-14027.
Report of commission.
Said commission shall on or
before the first Monday of September of each year make to the president for
transmission to the board of commissioners a report showing its own action,
the rules in force, the practical effects thereof, and any suggestions it
may approve for the more effectual accomplishment of the purposes of this
Division. The president may require a report from said commission at any time.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14028) (from Ch. 34, par. 3-14028)
Sec. 3-14028.
Chairman and secretary.
The civil service commission
shall select one of their own number to act as chairman and one as
secretary. The secretary shall keep the minutes of its proceedings,
preserve all reports made to it, keep a record of all examinations held
under its direction and perform such other duties as the commission shall
require.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14029) (from Ch. 34, par. 3-14029)
Sec. 3-14029.
County officers to aid commission.
All officers
of said county shall aid said commission in all proper ways in carrying out
the provisions of this Division, and at any place where examinations are to
be held shall allow the reasonable use of public buildings for holding such
examinations. The board of county commissioners shall cause suitable rooms
to be provided for said commission at the expense of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14030) (from Ch. 34, par. 3-14030)
Sec. 3-14030.
Salaries and expenses.
Each of said civil service
commissioners and the personnel director and chief examiner shall receive a
salary to be fixed by the Board of Commissioners, and said commission may
incur necessary expenses for printing, stationery and other incidental matters.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14031) (from Ch. 34, par. 3-14031)
Sec. 3-14031.
Appropriations.
A sufficient sum of money shall be
appropriated each year by said board to carry out the provisions of this
Division in said county. If the board shall have already made
the annual appropriation for county purposes for the current fiscal year,
the board is authorized and required to pay the salaries and expenses of
the civil service commission for such fiscal year out of the moneys
appropriated for contingent purposes of said board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14032) (from Ch. 34, par. 3-14032)
Sec. 3-14032.
Frauds prohibited.
No person or officer shall wilfully
or corruptly, by himself or cooperation with any one or more other persons,
defeat, deceive or obstruct any person in respect to his or her right of
examination, or corruptly or falsely mark, grade, estimate or report upon
the examination or proper standing of any person examined hereunder, or aid
in so doing, or wilfully or corruptly make any false representation
concerning the same or concerning the person examined, or wilfully or
corruptly furnish to any person any special or secret information for the
purpose of improving or injuring the prospects or chances of any person so
examined, or to be examined, being employed or promoted.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14033) (from Ch. 34, par. 3-14033)
Sec. 3-14033.
Soliciting or receiving political contributions
prohibited. No officer or employee in the classified civil service of
said county, or named in Section 3-14022, shall solicit, orally or by
letter, or receive or pay, or be in any manner concerned in soliciting,
receiving or paying any assessments, subscriptions or contributions for any
party or political purposes whatever.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14034) (from Ch. 34, par. 3-14034)
Sec. 3-14034.
Solicitation of political contributions from officers or
employees prohibited. No person shall solicit orally or by letter, or be
in any manner concerned in soliciting any assessment, contribution or
payment, for any party or for any political purpose whatever, from any
officer or employee in the classified civil service of said county, or
named in Section 3-14022.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14035) (from Ch. 34, par. 3-14035)
Sec. 3-14035.
Soliciting or delivering political contributions in
public offices forbidden. No person shall in any room or
building occupied for the discharge of official duties by any officer or
employee in the classified civil service of said county, or named in
Section 3-14022, solicit, orally or by written communication, deliver
therein or in any other manner, or receive any contribution of money or
other thing of value, for any party or political purpose whatever. No
officer, agent, clerk or employee in the classified civil service of said
county, or named in Section 3-14022, who may have charge or control of any
building, office or room occupied for any purpose of said government, shall
permit any person to enter the same for the purpose of therein soliciting
or delivering written solicitations for, or receiving or giving notice of
any political assessments.
(Source: P.A. 86-962; 86-1475.)
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(55 ILCS 5/3-14036) (from Ch. 34, par. 3-14036)
Sec. 3-14036.
Payments of political contributions to public
officers prohibited. No officer or employee in the classified civil
service of said county, or named in Section 3-14022, shall directly or
indirectly, give or hand over to any officer or employee, or to any senator
or representative or alderperson, councilman, or commissioner, any money or
other valuable thing on account of or to be applied to the promotion of any
party or political object whatever.
(Source: P.A. 102-15, eff. 6-17-21.)
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(55 ILCS 5/3-14037) (from Ch. 34, par. 3-14037)
Sec. 3-14037.
Abuse of political influence prohibited.
No officer or employee in said classified service, or named
in Section 3-14022, shall discharge or degrade, or promote,
or in any manner change the official rank or compensation of
any other officer or employee, or promise or threaten to do so,
for giving or withholding or neglecting to make any contribution
of money, or other valuable thing, for any party or political
purpose, or for refusal or neglect to render any part or political
service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14038) (from Ch. 34, par. 3-14038)
Sec. 3-14038.
Payment for appointment or promotion prohibited.
No applicant for appointment in said classified civil service, or to a
position named in Section 3-14022, either directly or indirectly, shall
pay, or promise to pay any money or other valuable thing to any person
whatever for or on account of his appointment, or proposed appointment, and
no officer or employee in said civil service or named in said Section
3-14022 shall pay or promise to pay, either directly or indirectly, any
person any money or other valuable thing whatever for or on account of
his promotion.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14039) (from Ch. 34, par. 3-14039)
Sec. 3-14039.
Recommendations in consideration of political service
prohibited. No applicant for appointment or promotion in classified civil
service shall ask for or receive a recommendation for assistance from any
officer or employee in said service, or of any person upon the
consideration of any political service to be rendered to or for such person
or for the promotion of such person to any office or employment.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14040) (from Ch. 34, par. 3-14040)
Sec. 3-14040.
Disallowance of certain claims.
No accounting
or auditing officer shall allow the claim of any public officer for
services of any deputy or other person employed in the public service in
violation of the provisions of the Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14041) (from Ch. 34, par. 3-14041)
Sec. 3-14041.
Certification of appointments and vacancies.
The commission shall certify to the county clerk or other auditing
officers, all appointments to offices and places in the classified civil
service, and all vacancies occurring therein, whether by dismissal,
resignation or death, and all findings made or approved by the commission
under the provisions of Section 3-14023, that a person shall be discharged
from the classified service.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14042) (from Ch. 34, par. 3-14042)
Sec. 3-14042.
Comptroller to pay salaries only after certification.
No county clerk, comptroller or other auditing officer of said county shall
approve the payment of, or be in any manner concerned in paying any salary
or wages to any person for services as an officer or employee of said
county unless such person is occupying an office or place of employment
according to the provisions of law and is entitled to payment therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14043) (from Ch. 34, par. 3-14043)
Sec. 3-14043.
Subpoenas; witness fees.
Any person who shall be served
with a subpoena to appear and testify, or to produce books and papers,
issued by the commission or by any commissioners, or by any board or person
acting under the orders of the commission in the course of an investigation
conducted either under the provisions of Section 3-14023 or Section
3-14026, and who shall refuse or neglect to appear or testify, or to
produce books and papers relevant to the investigation as commanded in such
subpoena, shall be guilty of a misdemeanor, and shall, on conviction, be
punished as provided in Section 3-14044. The fees of witnesses for
attendance and travel shall be the same as the fees of witnesses before the
circuit courts, and shall be paid from the appropriation for the expense of
the commission. And any circuit court, upon application of any such
commissioner or officer or board may, in its discretion, compel the
attendance of witnesses, the production of books and papers, and giving of
testimony before the commission, or before any such commissioner,
investigating board or officer by attachment for contempt or otherwise in
the same manner as the production of evidence may be compelled before such
court. Every person who, having taken an oath or made affirmation before a
commissioner or officer appointed by the commission authorized to
administer oaths, shall swear or affirm wilfully, corruptly and falsely,
shall be guilty of perjury, and upon conviction shall be punished accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14044) (from Ch. 34, par. 3-14044)
Sec. 3-14044.
Penalties.
Any person who shall wilfully, or
through culpable negligence violate any of the provisions of this
Division or any rule promulgated in accordance with the
provisions thereof shall be guilty of a Class B misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14045) (from Ch. 34, par. 3-14045)
Sec. 3-14045.
Vacancy upon conviction; disqualification.
If
any person shall be convicted under the next preceding Section, any public
office or place of public employment, which such person may hold shall, by
force of such conviction, be rendered vacant, and such person shall be
incapable of holding any office or place of public employment for the
period of five years from the date of such conviction.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14046) (from Ch. 34, par. 3-14046)
Sec. 3-14046.
Prosecution for violations.
Prosecutions for violations
of this Division may be instituted either by the Attorney General, the
State's attorney for the county in which the offense is alleged to have
been committed, or by the commission acting through special counsel. Such
suits shall be conducted and controlled by the prosecuting officers who
institute them, unless they request the aid of other prosecuting officers.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14047) (from Ch. 34, par. 3-14047)
Sec. 3-14047.
Audit committee.
The board of commissioners may
establish an audit committee, and may appoint members of the board or other
appropriate officers to the committee, to review audit reports, financial
reports or any other related document prepared under this Division,
including management letters proposed by or on behalf of the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14048) (from Ch. 34, par. 3-14048)
Sec. 3-14048.
County auditor.
In the County of Cook, there is hereby
created the office of auditor who shall be appointed by the President of
the County Board, in accordance with the terms and provisions of the law in
relation to civil service in said county, and whose compensation and
official bond shall be fixed by said board; and there shall be formulated,
installed and regulated by and under the direction and authority of the
County Board, and subject to the provisions of "The Local Records Act", a
uniform system of books of account, forms, reports
and records to be used in the offices of every county officer of Cook
County which said system of books of account, forms, reports and records so
formulated under the direction of the said County Board and installed and
regulated shall be used by said county officers for the purpose of keeping
an accurate statement of moneys received by them and all the financial and
business transactions of their respective offices; and said auditor shall
audit or cause to be audited from day to day the receipts of the said
several offices and the reports of the said offices of the business
transactions of their respective offices and certify to their correctness
or incorrectness to the County Board. Said auditor shall report monthly to
the County Board a summarized and classified statement of the official
transactions of each of the said offices of each officer of Cook County for
each day of said month; and the said auditor shall further make a
semi-annual report to the County Board containing a recapitulation of the
receipts of the several offices for the preceding 6 months; such report to
include the period covered by the semi-annual report of the several
officers of the County of Cook to the County Board where a semi-annual
report is required by law from said officers.
For the purpose aforesaid the said County Board or any one authorized by
it in addition to the power and authority vested in them by Sections
3-13001 and 3-13002, as heretofore or hereafter amended, are vested with
power and authority to enter the office of any county officer of Cook
County at all times and to have free and unrestricted access to all the
books, papers, forms, reports, accounts and memoranda used by said officers
for the transaction of the business of their respective offices for the
purpose of auditing, checking or correcting the reports when reports to the
County Board are required from said offices by law, or compiling the
records provided herein to be made to the County Board, or auditing the
general business of the offices.
Said auditor may under the direction of the County Board prescribe new
forms, reports, accounts or records to be used by said officers in the
transaction of the said business of their several respective offices, or
change, alter or amend the same from time to time.
The said auditor may with the authority of the President of the County
Board employ assistants, the number and compensation of whom shall be fixed
by the County Board.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-14049) (from Ch. 34, par. 3-14049)
Sec. 3-14049. Appointment of physicians and nurses for the poor
and mentally ill persons. The appointment, employment and removal by the
Board of Commissioners of Cook County of all physicians and surgeons, advanced practice registered nurses, physician assistants, and
nurses for the care and treatment of the sick, poor, mentally ill or
persons in need of mental treatment of said county shall be made only in
conformity with rules prescribed by the County Civil Service Commission to
accomplish the purposes of this Section.
The Board of Commissioners of Cook County may provide that all such
physicians and surgeons who serve without compensation shall be appointed
for a term to be fixed by the Board, and that the physicians and surgeons
usually designated and known as interns shall be appointed for a term to
be fixed by the Board: Provided, that there may also, at the discretion of
the board, be a consulting staff of physicians and surgeons, which staff
may be appointed by the president, subject to the approval of the board,
and provided further, that the Board may contract with any recognized
training school or any program for health professionals for health care services of any or all of such sick or mentally ill
or persons in need of mental treatment.
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
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(55 ILCS 5/Div. 3-15 heading) Division 3-15.
County Department of Corrections
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(55 ILCS 5/3-15001) (from Ch. 34, par. 3-15001)
Sec. 3-15001.
Subtitle.
This Division shall be subtitled
the County Department of Corrections Law.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15002) (from Ch. 34, par. 3-15002)
Sec. 3-15002.
Creation.
In any county having more than 1,000,000
inhabitants, there is created within the office of the Sheriff a Department
of Corrections, referred to in this Division as the "Department".
(Source: P.A. 86-962; 87-895.)
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(55 ILCS 5/3-15003) (from Ch. 34, par. 3-15003) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003. Powers and duties. Under the direction of the Sheriff
the Department shall have the powers and duties enumerated as follows: (a) To operate and have jurisdiction over the county jail, municipal
houses of correction within the county and any other penal, corrections or
prisoner diagnostic center facility operated by either the county jail or
municipal houses of correction. (b) To have charge of all prisoners held in any institution, center or
other facility in the county over which it has jurisdiction under
subsection (a) of this Section, whether they are misdemeanants, felons,
persons held for trial, persons held in protective custody, persons held
for transfer to other detention facilities or persons held for non-payment
of fines, for violations of ordinances or any other quasi-criminal charges.
Nothing in this Division applies to minors subject to proceedings under the
Juvenile Court Act of 1987. It may transfer or recommit any prisoner
from one institution, center or other such facility to any other
institution, center or other facility whenever it determines that such
transfer or recommitment would promote the welfare or rehabilitation of the
prisoner, or that such transfer or recommitment is necessary to relieve
overcrowding. (c) To establish diagnostic, classification and rehabilitation services
and programs at the county jail and such other facilities over which it has
jurisdiction under subsection (a) of this Section as may be appropriate. (d) To establish, whenever feasible, separate detention and commitment
facilities and utilize the facilities over which it has jurisdiction under
subsection (a) of this Section in a manner which provides separate
detention and commitment facilities.(Source: P.A. 86-962.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003. Powers and duties. Under the direction of the Sheriff the Department shall have the powers and duties enumerated as follows: (a) To operate and have jurisdiction over the county jail, municipal houses of correction within the county and any other penal, corrections or committed person diagnostic center facility operated by either the county jail or municipal houses of correction. (b) To have charge of all committed persons held in any institution, center or other facility in the county over which it has jurisdiction under subsection (a) of this Section, whether they are misdemeanants, felons, persons held for trial, persons held in protective custody, persons held for transfer to other detention facilities or persons held for non-payment of fines, for violations of ordinances or any other quasi-criminal charges. Nothing in this Division applies to minors subject to proceedings under the Juvenile Court Act of 1987. It may transfer or recommit any committed person from one institution, center or other such facility to any other institution, center or other facility whenever it determines that such transfer or recommitment would promote the welfare or rehabilitation of the committed person, or that such transfer or recommitment is necessary to relieve overcrowding. (c) To establish diagnostic, classification and rehabilitation services and programs at the county jail and such other facilities over which it has jurisdiction under subsection (a) of this Section as may be appropriate. (d) To establish, whenever feasible, separate detention and commitment facilities and utilize the facilities over which it has jurisdiction under subsection (a) of this Section in a manner which provides separate detention and commitment facilities.(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.3) Sec. 3-15003.3. Voter registration; county jails. Upon discharge of a person who is eligible to vote from a county jail, the county jail shall provide the person with a voter registration application. Each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. A county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote.
(Source: P.A. 101-442, eff. 1-1-20.) |
(55 ILCS 5/3-15003.4) Sec. 3-15003.4. Voting rights; county jails; probation offices. (a) Each county jail and county probation office shall make available current resource materials, maintained by the Illinois State Board of Elections, containing detailed information regarding the voting rights of a person with a criminal conviction in print. (b) The current resource materials described under subsection (a) shall be provided: (1) upon discharge of a person from a county jail; and (2) upon intake of a person by a county probation | ||
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(Source: P.A. 101-442, eff. 1-1-20.) |
(55 ILCS 5/3-15003.5)
Sec. 3-15003.5.
County impact incarceration
program.
(a) Under the direction of the Sheriff and with the
approval of the County Board of Commissioners, the Sheriff
in any county
with more than 3,000,000 inhabitants, shall have the power to operate a
county impact
incarceration program for persons eligible for a term of imprisonment, but
sentenced to a county impact incarceration program by the sentencing court. In order to be eligible to participate in a county impact
incarceration program, a person convicted of a felony
shall
meet the requirements set forth in
subsection (b) of Section 5-8-1.2 of the Unified Code of
Corrections.
(b) (Blank).
(c) The Sheriff, with the approval of the County Board of
Commissioners,
shall have the power to enter into intergovernmental cooperation agreements
with the Illinois Department of Corrections under which persons in the custody
of the Illinois Department may participate in the county
impact
incarceration program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section 5-8-1.1 of the
Unified Code of
Corrections.
Offenders committed to the Illinois Department of Corrections who
successfully complete the county impact incarceration
program shall have their sentence reduced to time considered served upon
certification to the Court by the Illinois Department of Corrections that the
offender has successfully completed the program.
(Source: P.A. 88-469; 89-587, eff. 7-31-96.)
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(55 ILCS 5/3-15003.6) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003.6. Pregnant female prisoners. (a) Definitions. For the purpose of this Section and Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10: (1) "Restraints" means any physical restraint or | ||
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(2) "Labor" means the period of time before a birth | ||
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(3) "Post-partum" means, as determined by her | ||
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(4) "Correctional institution" means any entity under | ||
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(5) "Corrections official" means the official that is | ||
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(6) "Prisoner" means any person incarcerated or | ||
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(7) "Extraordinary circumstance" means an | ||
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(b) A county department of corrections shall not apply security restraints to a prisoner that has been determined by a qualified medical professional to be pregnant and is known by the county department of corrections to be pregnant or in postpartum recovery, which is the entire period a woman is in the medical facility after birth, unless the corrections official makes an individualized determination that the prisoner presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the prisoner, her child or unborn child, the staff of the county department of corrections or medical facility, other prisoners, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible. (1) Qualified authorized health staff shall have | ||
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(2) Whenever therapeutic restraints are used by | ||
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(3) Leg irons, shackles or waist shackles shall not | ||
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(4) When a pregnant or postpartum prisoner must be | ||
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(5) Upon the pregnant prisoner's entry into a | ||
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(6) The county department of corrections shall | ||
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(7) Where the county department of corrections | ||
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(8) Upon discharge from a medical facility, | ||
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(c) Enforcement.
No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant prisoner has been restrained during that previous fiscal year, shall submit a written report to the Illinois General Assembly and the Office of the Governor that includes an account of every instance of prisoner restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any prisoner. Such reports shall be made available for public inspection.(Source: P.A. 100-513, eff. 1-1-18; 101-652, eff. 7-1-21.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003.6. Pregnant committed persons. (a) Definitions. For the purpose of this Section and the Sections preceding Section 3-15004: (1) "Restraints" means any physical restraint or | ||
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(2) "Labor" means the period of time before a birth | ||
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(3) "Postpartum" means the 6-week period following | ||
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(4) "Correctional institution" means any entity under | ||
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(5) "Corrections official" means the official that is | ||
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(6) "Committed person" means any person incarcerated | ||
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(7) "Extraordinary circumstance" means an | ||
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(8) "Participant' means an individual placed into an | ||
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(b) A county department of corrections shall not apply security restraints to a committed person that has been determined by a qualified medical professional to be pregnant or otherwise is known by the county department of corrections to be pregnant or in postpartum recovery unless the corrections official makes an individualized determination that the committed person presents a substantial flight risk or some other extraordinary circumstance that dictates security restraints be used to ensure the safety and security of the committed person, committed person's child or unborn child, the staff of the county department of corrections or medical facility, other committed persons, or the public. The protections set out in clauses (b)(3) and (b)(4) of this Section shall apply to security restraints used pursuant to this subsection. The corrections official shall immediately remove all restraints upon the written or oral request of medical personnel. The corrections official shall immediately remove all approved electronic monitoring devices, as that term is defined in Section 5-8A-2 of the Unified Code of Corrections, of a pregnant participant during labor and delivery or earlier upon the written or oral request of medical personnel. Oral requests made by medical personnel shall be verified in writing as promptly as reasonably possible. (1) Qualified authorized health staff shall have the | ||
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(2) Whenever therapeutic restraints are used by | ||
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(3) Leg irons, shackles or waist shackles shall not | ||
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(4) When a pregnant or postpartum committed person | ||
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(5) Upon the pregnant committed person's entry into a | ||
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(6) The county department of corrections shall | ||
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(7) Where the county department of corrections | ||
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(8) (Blank). (c) Enforcement. No later than 30 days before the end of each fiscal year, the county sheriff or corrections official of the correctional institution where a pregnant or postpartum committed person has been restrained pursuant to this Section during that previous fiscal year, shall submit a written report to the Jail and Detention Standards Unit of the Department of Corrections, in a form and manner prescribed by the Department, that includes an account of every instance of restraint pursuant to this Section. The written report shall state the date, time, location and rationale for each instance in which restraints are used. The written report shall not contain any individually identifying information of any committed person. Such reports shall be made available for public inspection. (d) Data reporting. No later than 30 days before the end of each fiscal year, each county sheriff shall submit a written report to the Jail and Detention Standards Unit of the Department of Corrections, in a form and manner prescribed by the Department, that includes the number of pregnant committed persons in custody each year and the number of people who deliver or miscarry while in custody. The written reports shall not contain any individually identifying information of a committed person. The written reports shall be made available for public inspection. (Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.7) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003.7. Corrections official training related to pregnant prisoners. (a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant prisoners to: (1) each corrections official employed by a county | ||
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(2) any other county department of corrections | ||
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(b) The training must include information regarding: (1) appropriate care for pregnant prisoners; and (2) the impact on a pregnant prisoner and the | ||
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(A) the use of restraints; (B) placement in administrative segregation; and (C) invasive searches.(Source: P.A. 101-652, eff. 7-1-21.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003.7. Corrections official training related to pregnant committed persons. (a) A county department of corrections shall provide training relating to medical and mental health care issues applicable to pregnant committed persons to: (1) each corrections official employed by a county | ||
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(2) any other county department of corrections | ||
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(b) The training must include information regarding: (1) appropriate care for pregnant committed persons; | ||
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(2) the impact on a pregnant committed person and the | ||
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(A) the use of restraints; (B) placement in administrative segregation; and (C) invasive searches.(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.8) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003.8. Educational programming for pregnant prisoners. The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant prisoners. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | ||
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(3) parenting skills; and (4) medical and mental health issues applicable to | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003.8. Educational programming and information for pregnant committed persons. (a) The Illinois Department of Public Health shall provide the county department of corrections with educational programming relating to pregnancy and parenting and the county department of corrections shall provide the programming to pregnant committed persons. The programming must include instruction regarding: (1) appropriate prenatal care and hygiene; (2) the effects of prenatal exposure to alcohol and | ||
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(3) parenting skills; and (4) medical and mental health issues applicable to | ||
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(b) Each county department of corrections shall provide written informational materials concerning the laws pertaining to pregnant committed persons to any pregnant or postpartum individual. The Department of Public Health shall provide these informational materials to the warden of the county department of corrections at no cost to the county and the county may accept informational materials from community-based organizations specializing in the rights of pregnant committed persons. The informational materials must include information regarding: (1) the prohibition against the use of restraints; (2) rules concerning the treatment of pregnant | ||
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(3) the right to spend time with a child following | ||
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(4) the requirement to provide educational | ||
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(5) all rights under the Reproductive Health Act; (6) the procedure for obtaining an abortion, if so | ||
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(7) the procedure for obtaining information about | ||
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(8) any new or additional laws concerning the rights | ||
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(9) the address or contact information for community | ||
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(c) Each county department of corrections must also post informational flyers provided by the Department of Public Health wherever pregnant committed persons may be housed. (Source: P.A. 102-28, eff. 6-25-21; 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.9) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003.9. Prisoner post-partum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a prisoner: (1) the infant is allowed to remain with the | ||
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(2) the prisoner has access to any nutritional or | ||
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(Source: P.A. 101-652, eff. 7-1-21.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003.9. Committed person postpartum recovery requirements. A county department of corrections shall ensure that, for a period of 72 hours after the birth of an infant by a committed person: (1) the infant is allowed to remain with the | ||
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(2) the committed person has access to any | ||
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(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.10) (Text of Section before amendment by P.A. 103-745) Sec. 3-15003.10. Housing requirements applicable to pregnant prisoners. (a) A county department of corrections may not place in administrative segregation a prisoner who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the prisoner will harm herself, the prisoner's infant, or any other person or will attempt escape. (b) A county department of corrections may not assign a pregnant prisoner to any bed that is elevated more than 3 feet above the floor.(Source: P.A. 101-652, eff. 7-1-21.) (Text of Section after amendment by P.A. 103-745) Sec. 3-15003.10. Housing requirements applicable to pregnant committed persons. (a) A county department of corrections may not place in administrative segregation a committed person who is pregnant or who gave birth during the preceding 30 days unless the director of the county department of corrections or the director's designee determines that the placement is necessary based on a reasonable belief that the committed person will harm herself, the committed person's infant, or any other person or will attempt escape. (b) A county department of corrections may not assign a pregnant committed person to any bed that is elevated more than 3 feet above the floor.(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.11) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-15003.11. Supplemental nutrition during pregnancy or lactation. A committed person who is pregnant or lactating, including a committed person who is nursing a baby or pumping breastmilk, shall be provided supplemental nutrition of at least 300 calories per day. This supplemental nutrition shall be in addition to any regularly provided food and shall be available outside of regular mealtimes.(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15003.12) (This Section may contain text from a Public Act with a delayed effective date) Sec. 3-15003.12. Medical screening; pregnancy test. When a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test.(Source: P.A. 103-745, eff. 1-1-25.) |
(55 ILCS 5/3-15004)
Sec. 3-15004. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15005)
Sec. 3-15005. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
|
(55 ILCS 5/3-15006)
Sec. 3-15006. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15007)
Sec. 3-15007. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15008)
Sec. 3-15008. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15009)
Sec. 3-15009. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15010)
Sec. 3-15010. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15011)
Sec. 3-15011. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15012) (from Ch. 34, par. 3-15012)
Sec. 3-15012. Director. The Sheriff shall appoint a Director to act as the
chief executive and administrative officer of the Department. The Director
shall be appointed by the Sheriff with the advice and consent of the county board. He or she shall serve at the pleasure of the Sheriff.
If the Director is removed, the Sheriff shall appoint his or her replacement with the advice and consent of the county board. The Director's
compensation is determined by the County Board.
(Source: P.A. 95-448, eff. 1-1-08.)
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(55 ILCS 5/3-15013) (from Ch. 34, par. 3-15013)
Sec. 3-15013.
Employees.
The number of employees of the Department
shall be fixed by order of the judges of the circuit court of the county.
The compensation of such employees shall be such as authorized by the
County Board. All employees are subject to "An Act in relation to County
Police Departments in certain counties, creating a County Police Department
Merit Board and defining its powers and duties", approved August 5, 1963,
as now or hereafter amended (repealed).
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15014) (from Ch. 34, par. 3-15014)
Sec. 3-15014.
Annual budget recommendations.
The members of the Board
shall recommend an annual budget to the Sheriff.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15015) (from Ch. 34, par. 3-15015)
Sec. 3-15015.
Appropriations.
The County Board must appropriate and
provide funds for the necessary ordinary and contingent cost incurred by
the office of the Sheriff in the performance of its powers, duties and
functions under this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/3-15016) (from Ch. 34, par. 3-15016)
Sec. 3-15016.
Liability for expenses.
The County Board may require
convicted persons confined in a facility of the Department to reimburse the
county for the expenses incurred by their confinement to the extent of
their ability to pay for such expenses. The State's attorney of the county
in which the facility is located, if authorized by the County Board, may
institute civil actions to recover from such convicted confined persons the
expenses incurred by their confinement. Such expenses recovered shall be
paid into the county treasury.
An arresting authority shall be responsible for any incurred medical
expenses relating to the arrestee until such time as the arrestee is placed
in the custody of the sheriff. However, the arresting authority shall not
be so responsible if the arrest was made pursuant to a request by the Sheriff.
For the purposes of this Section, "arresting authority" means a unit of
local government, other than a county, which employs peace officers and
whose peace officers have made the arrest of a person.
For the purposes of this Section, "medical expenses relating to the
arrestee" means only those expenses incurred for medical care or treatment
provided to an arrestee on account of an injury suffered by the arrestee
during the course of his arrest; the term does not include any expenses
incurred for medical care or treatment provided to an arrestee on account
of a health condition of the arrestee which existed prior to the time of
his arrest.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/Art. 4 heading) ARTICLE 4.
FEES AND SALARIES
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(55 ILCS 5/4-10005) Sec. 4-10005. County board salaries. (a) Notwithstanding Section 4-10001, a member of a county board shall not receive any salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for the member's service as a county board member. If a member of a county board is receiving benefits from the Illinois Municipal Retirement Fund on the effective date of this amendatory Act of the 101st General Assembly, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term if the member is still receiving pension benefits from the Illinois Municipal Retirement Fund for service as a county board member. (b) This Section does not apply to a county that has adopted an ordinance or resolution effective prior to January 1, 2019 that reduces compensation of elected county officials who are receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for their service as elected officials of that county to an amount less than other elected county officials who are not receiving such pension benefits for their service as elected officials.
(Source: P.A. 101-544, eff. 8-23-19.) |
(55 ILCS 5/Div. 4-1 heading) Division 4-1.
Classification of Counties
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(55 ILCS 5/4-1001) (from Ch. 34, par. 4-1001)
Sec. 4-1001.
Counties classified.
For the purpose of fixing the fees
and compensation of county and township officers in this State, the several
counties therein are hereby divided into 3 classes, according to population
as ascertained by the most recent Federal Census, which classes shall be
known as the first, second and third, as follows:
Counties containing a population of not exceeding 25,000 inhabitants
shall be known as counties of the first class.
Counties containing a population over 25,000 and not exceeding 1,000,000
shall be known as counties of the second class.
Counties containing a population exceeding 1,000,000 shall be known as
counties of the third class.
The fees and compensation of the several officers hereinafter named,
shall be as provided by law in the respective classes of the counties to
which they belong.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 4-2 heading) Division 4-2.
State's Attorneys Salaries and Fees
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(55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
Sec. 4-2001. State's attorney salaries.
(a) There shall be allowed to the several state's attorneys in this State,
except the state's attorney of Cook County, the following annual salary:
(1) Subject to paragraph (5), to each state's | ||
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(2) Subject to paragraph (5), to each state's | ||
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(3) Subject to paragraph (5), to each state's | ||
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(4) To each state's attorney in counties of 30,000 or | ||
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(5) Effective December 1, 2000, to each state's | ||
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The State shall furnish 66 2/3% of the total annual compensation
to be paid to each state's attorney in Illinois based on the salary in
effect on December 31, 1988, and 100%
of the increases in salary taking effect after December 31, 1988.
Subject to appropriation, said amounts furnished by the State shall be payable monthly
by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which each state's attorney is
elected.
Each county shall be required to furnish 33 1/3% of the
total annual compensation to be paid to each state's attorney in Illinois
based on the salary in effect on December 31, 1988. Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, the county board of any county with a population between 15,000 and 50,000 by resolution or ordinance may increase the amount of compensation to be paid to each eligible state's attorney in their county in the form of a longevity stipend which shall be added to and become part of the salary of the state's attorney for that year. To be eligible, the state's attorney must have served in the elected position for at least 20 continuous years and elect to participate in a program for an alternative annuity for county officers and make the required additional optional contributions as authorized by P.A. 90-32.
(b) Effective December 1, 2000, no state's attorney may engage in
the private practice of law. However, until November 30, 2000,
(i) the state's attorneys in counties containing fewer than 10,000 inhabitants
may engage in the practice of law, and (ii) in any county between 10,000 and
30,000 inhabitants or in any county containing 30,000 or more inhabitants which
reached that population between 1970 and December 31, 1981, the state's
attorney may declare his or her intention to engage in the private practice of
law, and may do so through no later than November 30, 2000, by filing a written
declaration of intent to engage in the private practice of law with the county
clerk. The declaration of intention shall be irrevocable during the remainder
of the term of office. The declaration shall be filed with the county clerk
within 30 days of certification of election or appointment, or within 60 days
of March 15, 1989, whichever is later. In that event the annual salary of such
state's attorney shall be as follows:
(1) In counties containing 10,000 or more inhabitants | ||
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(2) In counties containing 20,000 or more inhabitants | ||
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(c) In counties where a state mental health institution, as hereinafter
defined, is located, one assistant state's attorney shall, subject to appropriation, receive for his
services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to the county in which he
is appointed, the following:
(1) To each assistant state's attorney in counties | ||
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(2) To each assistant state's attorney in counties | ||
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(3) To each assistant state's attorney in counties | ||
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(4) To each assistant state's attorney in counties | ||
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(5) To each assistant state's attorney in counties | ||
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(6) To each assistant state's attorney in counties | ||
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(d) The population of all counties for the purpose of fixing salaries as
herein provided shall be based upon the last Federal census immediately
previous to the appointment of an assistant state's attorney in each county.
(e) At the request of the county governing authority, in counties where
one or more state correctional institutions, as hereinafter defined, are
located, one or more assistant state's attorneys shall, subject to appropriation, receive for their
services, provided that such services are performed in connection with the
state correctional institution, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which they are appointed, the following:
(1) $22,000 for each assistant state's attorney in | ||
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(2) $15,000 per year for one assistant state's | ||
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(3) A maximum of $12,000 per year for one assistant | ||
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Upon application of the county governing authority | ||
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In determining whether or not to increase the amount of salary
reimbursement, the Director shall consider, among other matters:
(1) the nature of the services rendered;
(2) the results or dispositions obtained;
(3) whether or not the county was required to employ | ||
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(f) In counties where a State senior institution of higher education is
located, the assistant state's attorneys specified by this Section shall, subject to appropriation,
receive for their services, payable monthly by the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund to
the county in which appointed, the following:
(1) $14,000 per year each for employment on a full | ||
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(2) $7,200 per year for one assistant state's | ||
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(3) $4,000 per year for one assistant state's | ||
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Such salaries shall be paid to the state's attorney and the assistant
state's attorney in equal monthly installments by such county out of the
county treasury provided that, subject to appropriation, the Department of Revenue shall reimburse each
county monthly, out of the Personal Property Tax Replacement Fund or the General Revenue Fund, the amount of such salary. This
Section shall not prevent the payment of such additional compensation to
the state's attorney or assistant state's attorney of any county, out of
the treasury of that county as may be provided by law.
(g) For purposes of this Section, "State mental health institution" means
any institution under the jurisdiction of the Department of Human Services
that is listed in Section 4 of the Mental Health and
Developmental Disabilities Administrative Act.
For purposes of this Section, "State correctional institution" means
any facility of the Department of Corrections including adult facilities,
juvenile facilities, pre-release centers, community correction centers, and
work camps.
For purposes of this Section, "State university" means the University
of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois University,
Northern Illinois University, Western Illinois University, and any public
community college
which has established a program of interinstitutional cooperation with one
of the foregoing institutions whereby a student, after earning an associate
degree from the community college, pursues a course of study at the
community college campus leading to a baccalaureate degree from the
foregoing institution (also known as a "2 Plus 2" degree program).
(h) A number of assistant state's attorneys shall be appointed in each
county that chooses to participate, as provided in this subsection,
for the prosecution of alcohol-related traffic offenses. Each county shall
receive monthly a subsidy for payment of the salaries and
benefits of these
assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for
that purpose. The amounts of subsidies provided by this subsection shall be
adjusted for inflation each July 1 using the Consumer Price Index of the Bureau
of Labor Statistics of the U.S. Department of Labor.
When a county chooses to participate in the subsidy program described in this
subsection (h), the number of assistant state's attorneys who are prosecuting
alcohol-related traffic offenses must increase according to the subsidy
provided in this subsection. These appointed assistant state's attorneys shall
be in addition to any other assistant state's attorneys assigned to those cases
on the effective date of this amendatory Act of the 91st General Assembly, and
may not replace those assistant state's attorneys. In counties where the
state's attorney is the sole prosecutor, this subsidy shall be used to provide
an assistant state's attorney to prosecute alcohol-related traffic offenses
along with the state's attorney. In counties where the state's attorney is the
sole prosecutor, and in counties where a judge presides over cases involving a
variety of misdemeanors, including alcohol-related traffic matters, assistant
state's attorneys appointed and subsidized by this subsection (h) may also
prosecute the different misdemeanor cases at the direction of the state's
attorney.
Assistant state's attorneys shall be appointed under this subsection in the
following number and counties shall receive the following annual subsidies:
(1) In counties with fewer than 30,000 inhabitants, | ||
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(2) In counties with 30,000 or more but fewer than | ||
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(3) In counties with 100,000 or more but fewer than | ||
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(4) In counties, other than Cook County, with 300,000 | ||
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The amounts appropriated under this Section must be segregated by
population
classification and disbursed monthly.
If in any year the amount appropriated for the purposes of this subsection
(h) is insufficient to pay all of the subsidies specified in this subsection,
the amount appropriated shall first be prorated by the population
classifications of this subsection (h) and then among the counties choosing
to
participate
within each of those classifications. If any of the appropriated moneys for
each population classification remain at the end of a fiscal year,
the remainder of the moneys may be allocated to participating counties that
were not fully funded during the course of the year. Nothing in
this subsection prohibits 2 or more State's attorneys from combining their
subsidies to appoint a joint assistant State's attorney to
prosecute alcohol-related traffic offenses in multiple counties. Nothing in
this subsection prohibits a State's attorney from appointing an
assistant State's attorney by contract or otherwise.
(Source: P.A. 96-259, eff. 8-11-09; 97-72, eff. 7-1-11.)
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(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
Sec. 4-2002. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 100-987, eff. 7-1-19.) |
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
Sec. 4-2002.1. (Repealed).
(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/4-2003) (from Ch. 34, par. 4-2003)
Sec. 4-2003. Assistants. (a) Except as provided in Section 4-2001, where
assistant State's Attorneys are
required in any county, the number of such assistants shall be determined
by the county board, and the salaries of such assistants shall be fixed by
the State's Attorney subject to budgetary limitations established by the
county board and paid out of the county treasury in quarterly annual
installments, on the order of the county board on the treasurer of said
county. Such assistant State's Attorneys are to be named by the State's
Attorney of the county, and when so appointed shall take the oath of office
in the same manner as State's Attorneys and shall be under the
supervision of the State's Attorney. (b) The State's Attorney may appoint qualified attorneys to assist as Special Assistant State's Attorneys when the public interest so requires.
(Source: P.A. 100-669, eff. 1-1-19.)
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(55 ILCS 5/4-2004) (from Ch. 34, par. 4-2004)
Sec. 4-2004. Collection and disposition of fines and forfeitures. It
shall be the duty of State's attorneys to attend to the collection of all
fines and forfeitures in criminal cases, and they shall, without delay, pay
over all fines and forfeitures collected by them to the county treasurer to
be deposited into the general corporate fund of the county, except as
otherwise specifically provided by law.
(Source: P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/4-2005) (from Ch. 34, par. 4-2005)
Sec. 4-2005. Payment of salaries; disposition of fees. The salaries
of the State's attorneys, excepting that part which is to be paid out of
the State treasury as now provided for by law, and the salaries of all
Assistant State's attorneys shall be paid out of the general corporate fund
of the county treasury of the county in which the State's attorney resides,
on the order of the county board by the treasurer of the county: The fees
which are now, or may hereafter, be provided by law to be paid by the
defendant or defendants, as State's attorney's fees, shall be taxed as
costs and all fees, fines, forfeitures and penalties shall be collected by
the State's attorney, except as
otherwise specifically provided by law, and shall
be paid by him directly into the county treasury
to be deposited into the general corporate fund of the county. The county
treasurer shall receipt therefor.
(Source: P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/4-2006) (from Ch. 34, par. 4-2006)
Sec. 4-2006. Report of fees.
(a) It is hereby made the duty of all State's attorneys to report to
the circuit court at such times as the court shall determine by rule, the
payment and collection of all fees, fines, forfeitures and penalties and to
satisfy the court by voucher or otherwise, that all fees, fines,
forfeitures and penalties by them collected, except as
otherwise specifically provided by law, have been duly paid over to
the county treasurer, as required by Section 4-2005, and the
State's attorney shall have no further interest in conviction fees, fines,
forfeitures and penalties or moneys collected by virtue of such office. The
court shall note the filing of the report and fix a day certain not less
than 30 days thereafter, when objections in writing may be filed to such
report by any one or more taxpayers of the county, and when objections are
filed to such report a hearing may be had upon such report and objections
at such time and in such manner as the court may direct and after such
hearing the court may approve or disapprove of such report as justice may
require, and make all proper orders in reference thereto, and if no
objections have been filed, the court shall inspect such report and require
the State's attorney to produce evidence in proof of his having paid over
as required by law all fines and forfeitures collected by him; and if it
appears to the court that any State's attorney has failed or refused to
turn over the fines and forfeitures collected by him as required by law the
court shall at once suspend him and appoint a State's attorney pro tempore
to perform the duties of the office until such State's attorney shall have
complied with the provisions of this Division or the orders of
the court in regard thereto. The court, for the purpose of carrying out the
provisions of this Section shall have the power to examine books and papers
and to issue subpoenas to compel the appearance of persons and the
production of books and records: Provided, however, no order entered under
this Section shall be a bar to any proper proceedings against such State's
attorney and his bondsman to require him to account for moneys collected
and not paid over by him as required by law.
(b) Waiver of report of fees. The filing of the report of fees as
provided by subsection (a) of this Section may be waived by written
administrative order of the chief judge of the circuit upon written request
and affidavit of the State's attorney of a county within the circuit that
all fines, fees, forfeitures, and restitution are collected by the clerk of
the circuit court and that none of those funds pass through the office of
the State's attorney.
(Source: P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/Div. 4-3 heading) Division 4-3.
Cook County State's Attorney - Compensation
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(55 ILCS 5/4-3001) (from Ch. 34, par. 4-3001)
Sec. 4-3001. State's attorney; assistants.
(a) The State's Attorney of Cook County shall be paid an annual salary of
$75,000 until December 31, 1988, $90,000 until November 30, 1990, $100,000
until June 30, 1994, and $112,124 thereafter or as set by the Compensation
Review Board, whichever is greater.
Such sums shall be in full payment for all services rendered by him.
Until July 1, 2011, the State shall furnish from the State treasury 66 2/3% of such salary in
effect on December 31, 1988 and 100% of the increases in salary taking effect
after December 31, 1988. Beginning on July 1, 2011, the Department of Revenue shall furnish from State funds appropriated to it out of the Personal Property Tax Replacement Fund or the General Revenue Fund for that purpose 66 2/3% of such salary in effect on December 31, 1988 and 100% of the increases in salary taking effect after December 31, 1988. Cook County shall furnish 33 1/3% of such salary
in effect on December 31, 1988. The State's Attorney of Cook County may not
engage in the private practice of law.
(b) If Cook County chooses to participate in the subsidy program described
in this subsection (b), 24 assistant state's attorneys shall be appointed for
the prosecution of alcohol-related traffic offenses. Cook County shall
annually receive a subsidy for the payment of the salaries and benefits of
these assistant state's attorneys from State funds appropriated to the Department of Revenue out of the Personal Property Tax Replacement Fund or the General Revenue Fund for distribution to Cook County
for that purpose. The amount of the subsidy shall equal $50,000 per assistant
state's attorney appointed under this subsection, adjusted for inflation each
July 1 using the Consumer Price Index of the Bureau of Labor Statistics of the
U.S. Department of Labor. If in any year the amount appropriated for the
purposes of this subsection (b) is insufficient, the annual subsidy shall be
reduced accordingly.
When and if Cook County chooses to participate in the subsidy program
described in this subsection (b), the number of assistant state's attorneys
who are prosecuting alcohol-related traffic offenses must increase by 24.
These appointed assistant state's attorneys shall be in addition to any other
assistant state's attorneys assigned to those cases on the effective date of
this amendatory Act of the 91st General Assembly, and may not replace those
assistant state's attorneys. Cook County assistant state's attorneys appointed
and subsidized by this subsection (b) may also prosecute other types of
misdemeanor cases at the direction of the Cook County State's Attorney.
(Source: P.A. 97-72, eff. 7-1-11.)
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(55 ILCS 5/4-3002) (from Ch. 34, par. 4-3002)
Sec. 4-3002.
Manner of payment.
The compensation to the
State's attorney shall be paid in installments by the county
clerk, at the end of each half month by drawing a warrant in
favor of the State's attorney on the county treasurer who shall
pay the same on presentation properly endorsed. No warrant shall
be drawn or money paid to the State's attorney, unless he shall
have made for the preceding fiscal quarter a report to the county
commissioners and paid into the county treasury all fees collected
by him as State's attorney for the fiscal quarter.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 4-4 heading) Division 4-4.
County Clerk Fees - First
and Second Class Counties
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(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) Sec. 4-4001. County clerks; counties of first and second class. The fees of the county clerk in counties of the first and second class, except when increased by county ordinance pursuant to the provisions of this Section, shall be: For each official copy of any process, file, record | ||
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For filing any paper not herein otherwise provided | ||
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For issuance of fireworks permits, $2. For issuance of liquor licenses, $5. For filing and recording of the appointment and oath | ||
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For officially certifying and sealing each copy of | ||
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For swearing any person to an affidavit, $1. For issuing each license in all matters except where | ||
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For issuing each civil union or marriage license, the | ||
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For taking and certifying acknowledgments to any | ||
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For issuing each certificate of appointment or | ||
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For cancelling tax sale and issuing and sealing | ||
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For issuing order to county treasurer for redemption | ||
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For trying and sealing weights and measures by county | ||
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For services in case of estrays, $2. The following fees shall be allowed for services | ||
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For services in attending the tax sale and issuing | ||
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For making list of delinquent lands and town lots | ||
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The county board of any county of the first or second class may by ordinance authorize the county clerk to impose an additional $2 charge for certified copies of vital records as defined in Section 1 of the Vital Records Act, for the purpose of developing, maintaining, and improving technology in the office of the County Clerk. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and the indexing and filing of assumed name certificate fees allowed by Section 3 of the Assumed Business Name Act and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by these Sections are not sufficient to cover the cost of providing the service. A Statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. The county clerk in all cases may demand and receive the payment of all fees for services in advance so far as the same can be ascertained. The county board of any county of the first or second class may by ordinance authorize the county treasurer to establish a special fund for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material and necessary expenses incurred to help defray the cost of implementing and maintaining such document storage system.(Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).) |
(55 ILCS 5/Div. 4-5 heading) Division 4-5.
Sheriff's Fees - First
and Second Class Counties
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(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class. The fees of
sheriffs in counties of the first and second class, except when increased
by county ordinance under this Section, shall be as follows:
For serving or attempting to serve summons on each defendant
in each county, $10.
For serving or attempting to serve an order or judgment granting injunctive
relief in each county, $10.
For serving or attempting to serve each garnishee in each county, $10.
For serving or attempting to serve an order for replevin in each county,
$10.
For serving or attempting to serve an order for attachment on each
defendant in each county, $10.
For serving or attempting to serve a warrant of arrest, $8, to be paid
upon conviction.
For returning a defendant from outside the State of Illinois, upon
conviction, the court shall assess, as court costs, the cost of returning a
defendant to the jurisdiction.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any such
process as Stated above, calculating from the place of holding court to
the place of residence of the defendant, or witness, 50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in all counties.
For serving or attempting to serve notice of judgments or levying to
enforce a judgment, $3 with 50¢ mileage each way in all counties.
For taking possession of and removing property levied on, the officer
shall be allowed to tax the actual cost of such possession or removal.
For feeding each prisoner, such compensation to cover the actual cost
as may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For attending before a court with prisoner, on an order for habeas
corpus, in each county, $10 per day.
For attending before a court with a prisoner in any criminal
proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner before the
court as stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action without aid,
$10 and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof, and for each mile of necessary travel,
50¢ each way.
For executing and acknowledging a deed of sale of real estate, in
counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on redemption from
a court sale of real estate in counties of first class, $5; second
class, $5.
For making certificates of sale, and making and filing duplicate, in
counties of first class, $3; in counties of the second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for recording
shall be advanced by the judgment creditor and charged as costs.
For taking all civil bonds on legal process in counties of
first class,
$1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for each mile
of necessary travel, 20¢ each way.
For executing requisitions from other states, $5.
For conveying each prisoner from the prisoner's own county to the jail
of another county, or from another county to the jail of the prisoner's county,
per mile, for going, only, 30¢.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for Girls
and Reception Centers, the following fees, payable out of the State treasury. For each person who is conveyed, 35¢ per mile in going only to
the penitentiary, reformatory, Illinois State Training School for Boys,
Illinois State Training School for Girls and Reception Centers, from the
place of conviction.
The fees provided for transporting persons to the penitentiary,
reformatories, Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers shall be paid for each
trip so made. Mileage as used in this Section means the shortest
practical route, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and Reception
Centers and all fees per mile shall be computed on such basis.
For conveying any person to or from any of the charitable
institutions of the State, when properly committed by competent
authority, when one person is conveyed, 35¢ per mile; when two persons
are conveyed at the same time, 35¢ per mile for the first person and 20¢
per mile for the second person; and 10¢ per mile for each additional person.
For conveying a person from the penitentiary to the county jail when
required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to the sheriff a fee
of $600 for the sale of real estate which is made by virtue of
any judgment of a court, except that in the case of a sale of unimproved
real estate which sells for $10,000 or less, the fee shall be $150.
In addition to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the following
schedule for the sale of personal estate which is made by virtue of any
judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the maximum fees that
may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by ordinance,
increase the fees allowed by this Section and collect those increased fees
from all persons and entities other than officers, agencies, departments
and other instrumentalities of the State if the increase is justified by an
acceptable cost study showing that the fees allowed by this Section are not
sufficient to cover the costs of providing the service. A statement of the
costs of providing each service, program and activity shall be prepared by
the county board. All supporting documents shall be public records and
subject to public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget Circular A-87,
may be included in the determination of the costs of each service,
program and activity.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed his fee for levying and
mileage, together with half the fee for all money collected by him which he
would be entitled to if the same was made by sale to enforce the judgment.
In no case shall the fee exceed the amount of money arising from the sale.
The fee requirements of this Section do not apply to police departments
or other law enforcement agencies. For the purposes of this Section, "law
enforcement agency" means an agency of the State or unit of local government
which is vested by law or ordinance with the duty to maintain public order
and to enforce criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; 101-652, eff. 1-1-23.)
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(55 ILCS 5/Div. 4-6 heading) Division 4-6.
County Officers' Salaries
in Counties of Less than 2,000,000 Inhabitants
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(55 ILCS 5/4-6001) (from Ch. 34, par. 4-6001) Sec. 4-6001. Officers in counties of less than 2,000,000. (a) In all counties of less than 2,000,000 inhabitants, the compensation of Coroners, County Treasurers, County Clerks, Recorders and Auditors shall be determined under this Section. The County Board in those counties shall fix the amount of the necessary clerk hire, stationery, fuel and other expenses of those officers. The compensation of those officers shall be separate from the necessary clerk hire, stationery, fuel and other expenses, and such compensation (except for coroners in those counties with less than 2,000,000 population in which the coroner's compensation is set in accordance with Section 4-6002) shall be fixed within the following limits: To each such officer in counties containing less than 14,000 inhabitants, not less than $13,500 per annum. To each such officer in counties containing 14,000 or more inhabitants, but less than 30,000 inhabitants, not less than $14,500 per annum. To each such officer in counties containing 30,000 or more inhabitants but less than 60,000 inhabitants, not less than $15,000 per annum. To each such officer in counties containing 60,000 or more inhabitants but less than 100,000 inhabitants, not less than $15,000 per annum. To each such officer in counties containing 100,000 or more inhabitants but less than 200,000 inhabitants, not less than $16,500 per annum. To each such officer in counties containing 200,000 or more inhabitants but less than 300,000 inhabitants, not less than $18,000 per annum. To each such officer in counties containing 300,000 or more inhabitants but less than 2,000,000 inhabitants, not less than $20,000 per annum. (b) Those officers beginning a term of office before December 1, 1990 shall be compensated at the rate of their base salary. "Base salary" is the compensation paid for each of those offices, respectively, before July 1, 1989. (c) Those officers beginning a term of office on or after December 1, 1990 shall be compensated as follows: (1) Beginning December 1, 1990, base salary plus at | ||
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(2) Beginning December 1, 1991, base salary plus at | ||
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(3) Beginning December 1, 1992, base salary plus at | ||
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(4) Beginning December 1, 1993, base salary plus at | ||
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(d) In addition to but separate and apart from the compensation provided in this Section, the county clerk of each county, the recorder of each county, and the chief clerk of each county board of election commissioners shall receive an award as follows: (1) $4,500 per year after January 1, 1998; (2) $5,500 per year after January 1, 1999; and (3) $6,500 per year after January 1, 2000.The total amount required for such awards each year shall be appropriated by the General Assembly to the State Board of Elections which shall distribute the awards in annual lump sum payments to the several county clerks, recorders, and chief election clerks. Beginning December 1, 1990, this annual award, and any other award or stipend paid out of State funds to county officers, shall not affect any other compensation provided by law to be paid to county officers. For State fiscal years beginning on or after July 1, 2024, the State Board of Elections shall remit to each county the amount required for the stipend under this subsection. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the stipend as required by this subsection within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the recipient's base compensation and must be remitted to the recipient in addition to the recipient's annual salary or compensation. Beginning July 1, 2024, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend under this subsection. (e) Beginning December 1, 1990, no county board may reduce or otherwise impair the compensation payable from county funds to a county officer if the reduction or impairment is the result of the county officer receiving an award or stipend payable from State funds. (f) The compensation, necessary clerk hire, stationery, fuel and other expenses of the county auditor, as fixed by the county board, shall be paid by the county. (g) The population of all counties for the purpose of fixing compensation, as herein provided, shall be based upon the last Federal census immediately previous to the election of the officer in question in each county. (h) With respect to an auditor who takes office on or after the effective date of this amendatory Act of the 95th General Assembly, the auditor shall receive an annual stipend of $6,500 per year. The General Assembly shall appropriate the total amount required for the stipend each year from the Personal Property Tax Replacement Fund to the Department of Revenue, and the Department of Revenue shall distribute the awards in an annual lump sum payment to each county auditor. The stipend shall be in addition to, but separate and apart from, the compensation provided in this Section. No county board may reduce or otherwise impair the compensation payable from county funds to the auditor if the reduction or impairment is the result of the auditor receiving an award or stipend pursuant to this subsection. Except as provided under subsection (d), for State fiscal years beginning on or after July 1, 2023, the Department shall remit to each county the amount required for the stipend under this Section. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the stipend to the auditor within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the auditor's base compensation and must be remitted to the auditor in addition to the auditor's annual salary or compensation. Beginning July 1, 2023, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend under this Section. (Source: P.A. 103-318, eff. 7-28-23; 103-607, eff. 7-1-24.) |
(55 ILCS 5/4-6002) (from Ch. 34, par. 4-6002) Sec. 4-6002. Coroners in counties of less than 2,000,000. (a) The County Board, in all counties of less than 2,000,000 inhabitants, shall fix the compensation of Coroners within the limitations fixed by this Division, and shall appropriate for their necessary clerk hire, stationery, fuel, supplies, and other expenses. The compensation of the Coroner shall be fixed separately from his necessary clerk hire, stationery, fuel and other expenses, and such compensation shall be fixed within the following limits: To each Coroner in counties containing less than 5,000 inhabitants, not less than $4,500 per annum. To each Coroner in counties containing 5,000 or more inhabitants but less than 14,000 inhabitants, not less than $6,000 per annum. To each Coroner in counties containing 14,000 or more inhabitants, but less than 30,000 inhabitants, not less than $9,000 per annum. To each Coroner in counties containing 30,000 or more inhabitants, but less than 60,000 inhabitants, not less than $14,000 per annum. To each Coroner in counties containing 60,000 or more inhabitants, but less than 100,000 inhabitants, not less than $15,000 per annum. To each Coroner in counties containing 100,000 or more inhabitants, but less than 200,000 inhabitants, not less than $16,500 per annum. To each Coroner in counties containing 200,000 or more inhabitants, but less than 300,000 inhabitants, not less than $18,000 per annum. To each Coroner in counties containing 300,000 or more inhabitants, but less than 2,000,000 inhabitants, not less than $20,000 per annum. The population of all counties for the purpose of fixing compensation, as herein provided, shall be based upon the last Federal census immediately previous to the election of the Coroner in question in each county. This Section does not apply to a county which has abolished the elective office of coroner. (b) Those coroners beginning a term of office on or after December 1, 1990 shall be compensated as follows: (1) Beginning December 1, 1990, base salary plus at | ||
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(2) Beginning December 1, 1991, base salary plus at | ||
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(3) Beginning December 1, 1992, base salary plus at | ||
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(4) Beginning December 1, 1993, base salary plus at | ||
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"Base salary", as used in this subsection (b), means the salary in effect before July 1, 1989. (c) In addition to, but separate and apart from, the compensation provided in this Section, subject to appropriation, the coroner of each county shall receive an annual stipend of $6,500 to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund if his or her term begins on or after December 1, 2000. For State fiscal years beginning on or after July 1, 2023, the Department shall remit to each county the amount required for the stipend under this subsection. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the stipend to the coroner within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the coroner's base compensation and must be remitted to the coroner in addition to the coroner's annual salary or compensation. Beginning July 1, 2023, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend received under this subsection. (Source: P.A. 103-318, eff. 7-28-23.) |
(55 ILCS 5/4-6003) (from Ch. 34, par. 4-6003)
Sec. 4-6003.
Compensation of sheriffs for certain expenses in counties
of less than 2,000,000.
(a) The County Board, in all counties of less than 2,000,000 inhabitants,
shall fix the compensation of sheriffs, with the amount of their necessary
clerk hire, stationery, fuel and other expenses. The county shall supply the
sheriff with all necessary uniforms, guns and ammunition. The compensation
of each such officer shall be fixed separately from his necessary clerk hire,
stationery, fuel and other expenses. Beginning immediately, no county with
a population under 2,000,000 may reduce the rate of compensation of its sheriff
below the rate of compensation that it was actually paying to its sheriff on
January 1, 2002 or the effective date of this amendatory Act of the 92nd
General Assembly, whichever is greater.
(b) In addition to the requirement of subsection (a), the rate of
compensation payable to the sheriff by the county shall not be less than the
following:
To each such sheriff in counties containing less than 10,000
inhabitants, not less than $27,000 per annum.
To each such sheriff in counties containing 10,000 or more inhabitants but
less than 20,000 inhabitants, not less than $31,000 per annum.
To each such sheriff in counties containing 20,000 or more inhabitants but
less than 30,000 inhabitants, not less than $34,000 per annum.
To each such sheriff in counties containing 30,000 or more inhabitants but
less than 60,000 inhabitants, not less than $37,000 per annum.
To each such sheriff in counties containing 60,000 or more inhabitants but
less than 100,000 inhabitants, not less than $40,000 per annum.
To each such sheriff in counties containing 100,000 or more inhabitants but
less than 2,000,000 inhabitants, not less than $43,000 per
annum.
The population of each county for the purpose of fixing compensation as
herein provided, shall be based upon the last federal census immediately
previous to the election of the sheriff in question in such county.
(c) (Blank).
(d) In addition to the salary provided for in subsections (a), (b), and
(c), beginning December 1, 1998, subject to appropriation, each sheriff, for his or her
additional duties imposed by other statutes or laws, shall receive an
annual stipend to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund in the amount of $6,500.
For State fiscal years beginning on or after July 1, 2023, the Department shall remit to each county the amount required for the stipend under this subsection. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the stipend to the sheriff within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the sheriff's base compensation and must be remitted to the sheriff in addition to the sheriff's annual salary or compensation. Beginning July 1, 2023, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the stipend received under this subsection. (e) No county board may reduce or otherwise impair the compensation
payable from county funds to a sheriff if the reduction or impairment is
the result of the sheriff receiving an award or stipend payable from State
funds.
(Source: P.A. 103-318, eff. 7-28-23.)
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(55 ILCS 5/4-6004) (from Ch. 34, par. 4-6004)
Sec. 4-6004.
Services of county collector as receiver.
No fees
shall be paid to any county collector for services as a receiver in a tax
foreclosure suit in addition to the regular salary or fees paid to such
county collector.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 4-7 heading) Division 4-7.
Coroner's Fees
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(55 ILCS 5/4-7001) Sec. 4-7001. Coroner's fees. The fees of the coroner's office shall be as follows: 1. For a copy of a transcript of sworn testimony: | ||
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2. For a copy of an autopsy report (if not included | ||
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3. For a copy of the verdict of a coroner's jury: | ||
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4. For a copy of a toxicology report: $25.00. 5. For a print of or an electronic file containing a | ||
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6. For each copy of miscellaneous reports, including | ||
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7. For a coroner's or medical examiner's permit to | ||
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8. Except in a county with a population over | ||
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All of which fees shall be certified by the court; in the case of inmates of any State charitable or penal institution, the fees shall be paid by the operating department or commission, out of the State Treasury. The coroner shall file his or her claim in probate for his or her fees and he or she shall render assistance to the State's Attorney in the collection of such fees out of the estate of the deceased. In counties of less than 1,000,000 population, the State's Attorney shall collect such fees out of the estate of the deceased. Except in a county with a population over 3,000,000, on and after January 1, 2024, the coroner may waive, at his or her discretion, any fees under this Section if the coroner determines that the person is indigent and unable to pay the fee or under other special circumstances as determined by the coroner. Except as otherwise provided in this Section, whenever the coroner is required by law to perform any of the duties of the office of the sheriff, the coroner is entitled to the like fees and compensation as are allowed by law to the sheriff for the performance of similar services. Except as otherwise provided in this Section, whenever the coroner of any county is required to travel in the performance of his or her duties, he or she shall receive the same mileage fees as are authorized for the sheriff of such county. All fees under this Section collected by or on behalf of the coroner's office shall be paid over to the county treasurer and deposited into a special account in the county treasury. Moneys in the special account shall be used solely for the purchase of electronic and forensic identification equipment or other related supplies and the operating expenses of the coroner's office. The changes made by Public Act 103-73 do not apply retroactively. (Source: P.A. 103-29, eff. 7-1-23; 103-73, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(55 ILCS 5/Div. 4-8 heading) Division 4-8. Officers' Salaries in Cook County
(Source: P.A. 96-328, eff. 8-11-09.) |
(55 ILCS 5/4-8002) (from Ch. 34, par. 4-8002)
Sec. 4-8002. Additional compensation of sheriff and recorder.
(a) In addition
to any salary otherwise provided by law, beginning December 1, 1998, subject to appropriation, the
sheriff of Cook County for his or her additional duties imposed by other
statutes or laws shall
receive an annual stipend to be paid by the Illinois Department of Revenue out of the Personal Property Tax Replacement Fund in the
amount of $6,500. The county board shall not reduce or otherwise impair the
compensation payable from county funds to the sheriff if the reduction or
impairment is the result of the sheriff receiving a stipend payable from
State funds.
For State fiscal years beginning on or after July 1, 2023, the Department shall remit to each county the amount required for the additional compensation under this Section. That money shall be deposited by the county treasurer into a fund dedicated for that purpose. The county payroll clerk shall pay the additional compensation to the sheriff within 10 business days after those funds are deposited into the county fund. The stipend shall not be considered part of the sheriff's base compensation and must be remitted to the sheriff in addition to the sheriff's annual salary or compensation. Beginning July 1, 2023, the county shall be responsible for the State and federal income tax reporting and withholding as well as the employer contributions under the Illinois Pension Code on the compensation received from the Department under this Section. (b) In addition to any salary otherwise provided by law, beginning
December 1, 2000, subject to appropriation, the recorder of deeds of Cook County for his or her
additional
duties imposed by law shall receive an annual stipend to be paid by the State
in an amount equal to the stipend paid to each recorder in other counties under
subsection (d) of Section 4-6001 of this Code. The county board may not reduce
or otherwise impair the compensation
payable from county funds to the recorder of deeds if the reduction or
impairment is the result of the recorder of deeds receiving a stipend payable
from State funds.
(Source: P.A. 103-318, eff. 7-28-23.)
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(55 ILCS 5/Div. 4-9 heading) Division 4-9.
County Commissioners' Salaries
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(55 ILCS 5/4-9001) (from Ch. 34, par. 4-9001)
Sec. 4-9001.
County Commissioners.
County commissioners shall receive
an annual salary to be fixed by the county board, which salary is in full
for all duties performed in any capacity as a member of the county board.
In addition, the county commissioners of counties organized under Division
2-4 shall not receive an annual salary that is greater than the annual
salary paid to the county clerk of that county. County commissioners are
also entitled to travel and expense allowances as determined by the county
board. All are to be paid out of the county treasury.
No per diem or travel or other expenses for transacting county
business, other than board meetings, may be paid except upon the
filing with the county board of a report stating the nature of
such business. Such report shall appear on the minutes of the
meeting of the county board at which such per diem and expenses
are approved.
(Source: P.A. 86-962; 86-1252.)
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(55 ILCS 5/Div. 4-10 heading) Division 4-10.
County Board Members' Salaries
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(55 ILCS 5/4-10001) (from Ch. 34, par. 4-10001)
Sec. 4-10001.
County board members.
County board members elected pursuant
to Division 2-3 shall receive such compensation as is fixed by the county
board in accordance with the method of compensation selected by the county
board. Such compensation shall be set before the general election at which
county board members are elected. The chairman of the county board shall
receive such additional compensation as determined by the county board in
reapportioning the county.
County board members and the chairman of the county board are also
entitled to travel and expense allowances as determined by the county
board.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 4-11 heading) Division 4-11.
Jurors' Compensation
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(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
(Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county
shall pay to grand and petit jurors for their services
in attending courts the sums of $25 for the first day and thereafter $50 for each day of necessary attendance, or such higher amount as may be fixed by
the county board.
If a judge so orders, a juror
shall also receive reimbursement for the actual cost of day care incurred by
the juror during his or her service on a jury.
The juror fees for service and day care shall be paid out
of the county treasury.
The clerk of the court shall
furnish to each juror without fee whenever he is discharged a certificate
of the number of days' attendance at court, and upon presentation thereof
to the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof. (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
(Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county
shall pay to grand and petit jurors for their services
in attending courts the sum of $4 for each day of necessary attendance at
such courts as jurors in counties of the first class, the sum of $5 for
each day in counties of the second class, and the sum of $10 for each
day in counties of the third class, or such higher amount as may be fixed by
the county board.
In addition, jurors shall receive such travel expense as
may be determined by the county board, provided that jurors in
counties of the first class and second class shall receive at
least 10 cents per mile for their travel expense.
Mileage shall be allowed for travel during a juror's term as well as for
travel at the opening and closing of his term.
If a judge so orders, a juror
shall also receive reimbursement for the actual cost of day care incurred by
the juror during his or her service on a jury.
The juror fees for service, transportation, and day care shall be paid out
of the county treasury.
The clerk of the court shall
furnish to each juror without fee whenever he is discharged a certificate
of the number of days' attendance at court, and upon presentation thereof
to the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service, transportation, or day care, or any combination thereof. (Source: P.A. 97-840, eff. 1-1-13.) |
(55 ILCS 5/4-11001.5) (Section scheduled to be repealed on January 1, 2026) Sec. 4-11001.5. Lake County Children's Advocacy Center Pilot Program. (a) The Lake County Children's Advocacy Center Pilot Program is established. Under the Pilot Program, any grand juror or petit juror in Lake County may elect to have his or her juror fees earned under Section 4-11001 of this Code to be donated to the Lake County Children's Advocacy Center, a division of the Lake County State's Attorney's office. (b) On or before January 1, 2017, the Lake County board shall adopt, by ordinance or resolution, rules and policies governing and effectuating the ability of jurors to donate their juror fees to the Lake County Children's Advocacy Center beginning January 1, 2017 and ending December 31, 2018. At a minimum, the rules and policies must provide: (1) for a form that a juror may fill out to elect to | ||
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(2) that all monies donated by jurors shall be | ||
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(3) that all juror fees donated under this Section | ||
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The Lake County board shall adopt an ordinance or resolution reestablishing the rules and policies previously adopted under this subsection allowing a juror to donate his or her juror fees to the Lake County Children's Advocacy Center through December 31, 2021. (c) The following information shall be reported to the General Assembly and the Governor by the Lake County board after each calendar year of the Pilot Program on or before March 31, 2018, March 31, 2019, July 1, 2020, and July 1, 2021: (1) the number of grand and petit jurors who earned | ||
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(2) the number of grand and petit jurors who donated | ||
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(3) the amount of donated fees under this Section | ||
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(4) how the monies donated in the previous calendar | ||
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(5) how much cost there was incurred by Lake County | ||
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(d) This Section is repealed on January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.) |
(55 ILCS 5/4-11002) (from Ch. 34, par. 4-11002)
Sec. 4-11002. Juror's fees on inquest. The fees of each juror
attending an inquest shall be fixed by the county board at a sum not to
exceed $10 per inquest and not to exceed $40 per day, payable out of the
county treasury, upon the certificate of the coroner or acting coroner of
the county wherein the inquest was held. Any juror may elect to waive the fees paid for attending an inquest.
(Source: P.A. 97-840, eff. 1-1-13.)
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(55 ILCS 5/Div. 4-12 heading) Division 4-12.
Fees of Sheriff, Recorder and Clerk
in Third Class Counties
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(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
Sec. 4-12001. Fees of sheriff in third class counties. The officers herein named, in counties of the third class,
shall be entitled to receive the fees herein specified, for the services
mentioned and such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each defendant, $35.
For serving or attempting to serve each alias summons or other process
mileage will be charged as hereinafter provided when the address for
service differs from the address for service on the original summons or
other process.
For serving or attempting to serve all other process, on each defendant, $35.
For serving or attempting to serve a subpoena on each witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment for replevin, $35.
For serving or attempting to serve an order for attachment, on each
defendant, $35.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action, without
aid, $35, and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $35.
For levying to satisfy an order in an action for attachment, $25.
For executing order of court to seize personal property, $25.
For making certificate of levy on real estate and filing or recording
same, $8, and the fee for filing or recording shall be advanced by the
plaintiff in attachment or by the judgment creditor and taxed as costs.
For taking possession of or removing property levied on, the sheriff
shall be allowed to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $20.
For making certificate of sale and making and filing duplicate for
record, $15, and the fee for recording same shall be advanced by the
judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on redemption from a
court sale of real estate, $15; for preparing, executing and
acknowledging all other deeds on sale of real estate, $10.
For making and filing certificate of redemption, $15, and the fee
for recording same shall be advanced by party making the redemption and
taxed as costs.
For making and filing certificate of redemption from a court sale,
$11, and the fee for recording same shall be advanced by the party
making the redemption and taxed as costs.
For taking all bonds on legal process, $10.
For returning each process, $15.
Mileage for service or attempted service of all process is a $10 flat fee.
For attending before a court with a prisoner on an order for habeas
corpus, $9 per day.
For executing requisitions from other States, $13.
For conveying each prisoner from the prisoner's county to the jail of
another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail, $3.
For feeding each prisoner, such compensation to cover actual costs as
may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For committing each prisoner to jail under the laws of the United
States, to be paid by the marshal or other person requiring his
confinement, $3.
For feeding such prisoners per day, $3, to be paid by the marshal or
other person requiring the prisoner's confinement.
For discharging such prisoners, $3.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital, the following
fees, payable out of the State Treasury. When one person is conveyed,
20¢ per mile in going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place of
conviction; when 2 persons are conveyed at the same time, 20¢ per mile
for the first and 15¢ per mile for the second person; when more than 2
persons are conveyed at the same time as Stated above, the sheriff shall
be allowed 20¢ per mile for the first, 15¢ per mile
for the second and
10¢ per mile for each additional person.
The fees provided for herein for transporting persons to the
penitentiary, reformatories, Illinois State Training School for Boys,
Illinois State Training School for Girls, Reception Centers and Illinois
Security Hospital, shall be paid for each trip so made. Mileage as used
in this Section means the shortest route on a hard surfaced road,
(either State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls, Reception
Centers and Illinois Security Hospital, and all fees per mile shall be
computed on such basis.
In addition to the above fees, there shall be allowed to the sheriff
a fee of $900 for the sale of real estate which shall be made by virtue
of any judgment of a court. In addition to this fee and all other fees
provided by this Section, there shall be allowed to the sheriff a fee in
accordance with the following schedule for the sale of personal estate
which is made by virtue of any judgment of a
court:
For judgments up to $1,000, $100;
For judgments over $1,000 to $15,000, $300;
For judgments over $15,000, $500.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed the fee for levying and
mileage, together with half the fee for all money collected by him or
her which he or she would be entitled to if the same were made by sale
in the enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.
The fee requirements of this Section do not apply to police departments
or other law enforcement agencies. For the purposes of this Section, "law
enforcement agency" means an agency of the State or unit of local government
which is vested by law or ordinance with the duty to maintain public order
and to enforce criminal laws or ordinances.
The fee requirements of this Section do not apply to units of local
government or school districts.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
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(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
Sec. 4-12001.1. Fees of sheriff in third class counties; local
governments and school districts. The officers herein named, in counties of
the third class, shall be entitled to receive the fees herein specified
from all units of local government and school districts, for the services
mentioned and such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each defendant, $25.
For serving or attempting to serve each alias summons or other process
mileage will be charged as hereinafter provided when the address for
service differs from the address for service on the original summons or
other process.
For serving or attempting to serve all other process, on each defendant, $25.
For serving or attempting to serve a subpoena on each witness, $25.
For serving or attempting to serve each warrant, $25.
For serving or attempting to serve each garnishee, $25.
For summoning each juror, $4.
For serving or attempting to serve each order or judgment for replevin, $25.
For serving or attempting to serve an order for attachment, on each
defendant, $25.
For serving or attempting to serve an order or judgment for the
possession of real estate in an action of ejectment or in any other action,
or for restitution in an eviction action, without
aid, $9, and when aid is necessary, the sheriff shall be allowed to tax in
addition the actual costs thereof.
For serving or attempting to serve notice of judgment, $25.
For levying to satisfy an order in an action for attachment, $25.
For executing order of court to seize personal property, $25.
For making certificate of levy on real estate and filing or recording
same, $3, and the fee for filing or recording shall be advanced by the
plaintiff in attachment or by the judgment creditor and taxed as costs.
For taking possession of or removing property levied on, the sheriff
shall be allowed to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $3.
For making certificate of sale and making and filing duplicate for
record, $3, and the fee for recording same shall be advanced by the
judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on redemption from a
court sale of real estate, $6; for preparing, executing and
acknowledging all other deeds on sale of real estate, $4.
For making and filing certificate of redemption, $3.50, and the fee
for recording same shall be advanced by party making the redemption and
taxed as costs.
For making and filing certificate of redemption from a court sale,
$4.50, and the fee for recording same shall be advanced by the party
making the redemption and taxed as costs.
For taking all bonds on legal process, $2.
For returning each process, $5.
Mileage for service or attempted service of all process is a $10 flat fee.
For attending before a court with a prisoner on an order for habeas
corpus, $3.50 per day.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's county to the jail of
another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail, $1.
For feeding each prisoner, such compensation to cover actual costs as
may be fixed by the county board, but such compensation shall not be
considered a part of the fees of the office.
For committing each prisoner to jail under the laws of the United
States, to be paid by the marshal or other person requiring his
confinement, $1.
For feeding such prisoners per day, $1, to be paid by the marshal or
other person requiring the prisoner's confinement.
For discharging such prisoners, $1.
For conveying persons to the penitentiary, reformatories, Illinois
State Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital, the following
fees, payable out of the State Treasury. When one person is conveyed,
15¢ per mile in going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital from the place of
conviction; when 2 persons are conveyed at the same time, 15¢ per mile
for the first and 10¢ per mile for the second person; when more than 2
persons are conveyed at the same time as stated above, the sheriff shall
be allowed 15¢ per mile for the first, 10¢ per mile for the second and
5¢ per mile for each additional person.
The fees provided for herein for transporting persons to the
penitentiary, reformatories, Illinois State Training School for Boys,
Illinois State Training School for Girls, Reception Centers and Illinois
Security Hospital, shall be paid for each trip so made. Mileage as used
in this Section means the shortest route on a hard surfaced road,
(either State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person is to be
transported, to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls, Reception
Centers and Illinois Security Hospital, and all fees per mile shall be
computed on such basis.
In addition to the above fees, there shall be allowed to the sheriff
a fee of $600 for the sale of real estate which shall be made by virtue
of any judgment of a court. In addition to this fee and all other fees
provided by this Section, there shall be allowed to the sheriff a fee in
accordance with the following schedule for the sale of personal estate
which is made by virtue of any judgment of a
court:
For judgments up to $1,000, $90;
For judgments over $1,000 to $15,000, $275;
For judgments over $15,000, $400.
In all cases where the judgment is settled by the parties, replevied,
stopped by injunction or paid, or where the property levied upon is not
actually sold, the sheriff shall be allowed the fee for levying and
mileage, together with half the fee for all money collected by him or
her which he or she would be entitled to if the same were made by sale
in the enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.
All fees collected under Sections 4-12001 and 4-12001.1 must be used for public safety purposes only.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
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(55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002) Sec. 4-12002. (Repealed). (Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/4-12002.1) Sec. 4-12002.1. (Repealed).(Source: P.A. 102-1135, eff. 7-1-23. Repealed by P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/4-12002.3) Sec. 4-12002.3. Predictable fee schedule for recordings in third class counties. (a) The fees of the recorder in counties of the third class for recording deeds or other instruments in writing and maps of plats of additions, subdivisions, or otherwise and for certifying copies of records shall be paid in advance and shall conform to this Section. The fees or surcharges shall not, unless otherwise provided in this Section, be based on the individual attributes of a document to be recorded, including, but not limited to, page count; number, length, or type of legal descriptions; number of tax identification or other parcel-identifying code numbers; number of common addresses; number of references contained as to other recorded documents or document numbers; or any other individual attribute of the document. The fees charged under this Section shall be inclusive of all county and State fees that the county may elect or is required to impose or adjust, including, but not limited to, GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges. (b) A county of the third class shall adopt and implement, by ordinance or resolution, a predictable fee schedule as provided in subsection (c) that eliminates surcharges or fees based on the individual attributes of a document to be recorded. If a county has previously adopted an ordinance or resolution adopting a predictable fee schedule, the county must adopt an ordinance or resolution revising that predictable fee schedule to be consistent with this Section. After a document class predictable fee is approved by a county board consistent with this Section, the county board may, by ordinance or resolution, increase the document class predictable fee and collect the increased fees if the established fees are not sufficient to cover the costs of providing the services related to the document class for which the fee is to be increased. For the purposes of the fee charged, the ordinance or resolution shall divide documents into the classifications specified in subsection (c), and shall establish a single, all-inclusive county and State-imposed aggregate predictable fee charged for each classification of document at the time of recording for that document. Each document, unless otherwise provided in this Section, shall fall within one of the document class predictable fee classifications set by subsection (c), and fees for each document class shall be charged only as allowed by this Section. Before approval of an ordinance or resolution under this subsection that creates or modifies a predictable fee schedule, the recorder or county clerk shall post a notice in the recorder's or clerk's office at least 2 weeks prior, but not more than 4 weeks prior, to the public meeting at which the ordinance or resolution may be adopted. The notice shall contain the proposed ordinance or resolution number, if any, the proposed document class predictable fees for each classification, and a reference to this Section and this amendatory Act of the 103rd General Assembly. A predictable fee schedule takes effect 60 days after an ordinance or resolution is adopted, unless the fee schedule was previously created and the ordinance or resolution is a modification allowed under this Section. Nothing in this Section precludes a county board from adjusting amounts or allocations within a given document class predictable fee when the document class predictable fee is not increased or precludes an alternate predictable fee schedule for electronic recording within each of the classifications under subsection (c). If the Rental Housing Support Program State surcharge is amended and the surcharge is increased or lowered, the aggregate amount of the document predictable fee attributable to the surcharge in the document may be changed accordingly. If any fee or surcharge is changed by State statute, the county may increase the document class fees by the same amount without any cost study. (c) A predictable fee schedule ordinance or resolution adopted under this Section shall list document fees, including document class predictable fees. The document classes shall be as follows: (1) Deeds. The aggregate fee for recording deeds | ||
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(2) Leases, lease amendments, and similar transfer of | ||
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(3) Mortgages. The aggregate fee for recording | ||
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(4) Easements not otherwise part of another | ||
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(5) Irregular documents. Any document presented that | ||
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(A) The document shall consist of one or more | ||
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(B) The document shall be legibly printed in | ||
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(C) The document shall be on white paper of not | ||
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(D) The first page of the document shall contain | ||
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(E) The document shall not have any attachment | ||
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The aggregate fee for recording an irregular document | ||
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(6) Blanket recordings. For any document that makes | ||
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(7) Miscellaneous. The aggregate fee for recording | ||
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(d) For recording maps or plats of additions, subdivisions, or otherwise (including the spreading of the same of record in well bound books), $100 plus $2 for each tract, parcel, or lot contained in the map or plat. (e) Documents presented that meet the following criteria shall be charged as otherwise provided by law or ordinance: (1) a document recorded pursuant to the Uniform | ||
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(2) a State lien or a federal lien. Notwithstanding any other provision in this Section: (i) the maximum fee that may be collected from the Department of Revenue for filing or indexing a lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $5; and (ii) the maximum fee that may be collected from the Department of Revenue for indexing each additional name in excess of one for any lien, certificate of lien release or subordination, or any other type of notice or other documentation affecting or concerning a lien is $1. (f) For recording any document that affects an interest in real property, other than documents which solely affect or relate to an easement for water, sewer, electricity, gas, telephone, or other public service, the recorder shall charge a minimum fee of $1 per document to all filers of documents not filed by any State agency, any unit of local government, or any school district. Half of the fee shall be deposited into the county general revenue fund. The remaining half shall be deposited into the County Recorder Document Storage System Fund and may not be appropriated or expended for any other purpose. The additional amounts available to the recorder for expenditure from the County Recorder Document Storage System Fund shall not offset or reduce any other county appropriations or funding for the office of the recorder. (g) For certified and non-certified copies of records, the recorder and county may set a predictable fee for all copies that does not exceed the highest total recording fee in any established document classes, unless the copy fee is otherwise provided in statute or ordinance. The total fee for a certified copy of a map or plat of an addition, subdivision, or otherwise may not exceed $200. The fees allowed under this subsection apply to all records, regardless of when they were recorded, based on current recording fees. These predictable fees for certified and non-certified copies shall apply to portions of documents and to copies provided in any format, including paper, microfilm, or electronic. A county may adopt a per-line pricing structure for copies of information in database format. (h) As provided under subsection (c), the recorder shall collect an $18 Rental Housing Support Program State surcharge for the recordation of any real estate-related document. Payment of the Rental Housing Support Program State surcharge shall be evidenced by a receipt that shall be marked upon or otherwise affixed to the real estate-related document by the recorder. The form of this receipt shall be prescribed by the Department of Revenue and the receipts shall be issued by the Department of Revenue to each county recorder. The recorder shall not collect the Rental Housing Support Program State surcharge from any State agency, unit of local government, or school district. On the 15th day of each month, each county recorder shall report to the Department of Revenue, on a form prescribed by the Department, the number of real estate-related documents recorded for which the Rental Housing Support Program State surcharge was collected. Each recorder shall submit $18 of each surcharge collected in the preceding month to the Department of Revenue and the Department shall deposit these amounts in the Rental Housing Support Program Fund. Subject to appropriation, amounts in the Fund may be expended only for the purpose of funding and administering the Rental Housing Support Program. As used in this subsection, "real estate-related document" means that term as it is defined in Section 7 of the Rental Housing Support Program Act.(Source: P.A. 103-400, eff. 1-1-24.) |
(55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003)
Sec. 4-12003. Fees of county clerk in third class counties. The fees of the county clerk in counties of the third class are:
For issuing each civil union or marriage license, sealing, filing and recording the
same and the certificate thereto (one charge), a fee to be determined by the county board of the county, not to exceed $75, which shall be the same, whether for a civil union or marriage license. $5 from all civil union and marriage license fees shall be remitted by the clerk to the State Treasurer for deposit into the Domestic Violence Fund.
For taking, certifying to and sealing the acknowledgment of a deed,
power of attorney, or other writing, $1.
For filing and entering certificates in case of estrays, and
furnishing notices for publication thereof (one charge), $1.50.
For recording all papers and documents required by law to be recorded
in the office of the county clerk, $2 plus 30¢ for every 100 words in
excess of 600 words.
For certificate and seal, not in a case in a court whereof he is
clerk, $1.
For making and certifying a copy of any record or paper in his
office, $2 for every page.
For filing papers in his office, 50¢ for each paper filed, except
that no fee shall be charged for filing a Statement of economic interest
pursuant to the Illinois Governmental Ethics Act or reports made
pursuant to Article 9 of The Election Code.
For making transcript of taxable property for the assessors, 8¢ for
each tract of land or town lot. For extending other than State and
county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each
person's personal tax, to be paid by the authority for whose benefit the
transcript is made and the taxes extended. The county clerk shall
certify to the county collector the amount due from each authority for
such services and the collector in his settlement with such authority
shall reserve such amount from the amount payable by him to such
authority.
For adding and bringing forward with current tax warrants amounts due
for forfeited or withdrawn special assessments, 8¢ for each lot or tract
of land described and transcribed.
For computing and extending each assessment or installment thereof
and interest, 8¢ on each description; and for computing and extending
each penalty, 8¢ on each description. These fees shall be paid by the
city, village, or taxing body for whose benefit the transcript is made
and the assessment and penalties are extended. The county clerk shall
certify to the county collector the amount due from each city, village
or taxing body, for such services, and the collector in his settlement
with such taxing body shall reserve such amount from the amount payable
by him to such city, village or other taxing body.
For cancelling certificates of sale, $4 for each tract or lot.
For making search and report of general taxes and special assessments
for use in the preparation of estimate of cost of redemption from sales
or forfeitures or withdrawals or for use in the preparation of estimate
of cost of purchase of forfeited property, or for use in preparation of
order on the county collector for searches requested by buyers at annual
tax sale, for each lot or tract, $4 for the first year searched,
and $2 for each additional year or fraction thereof.
For preparing from tax search report estimate of cost of redemption
concerning property sold, forfeited or withdrawn for non-payment of
general taxes and special assessments, if any, $1 for each lot or
tract.
For certificate of deposit for redemption, $4.
For preparing from tax search report estimate of and order to county
collector to receive amount necessary to redeem or purchase lands or
lots forfeited for non-payment of general taxes, $3 for each lot or
tract.
For preparing from tax search report estimate of and order to county
collector to receive amount necessary to redeem or purchase lands or
lots forfeited for non-payment of special assessments, $4 for each lot
or tract.
For issuing certificate of sale of forfeited property, $10.
For noting on collector's warrants tax sales subject to redemption,
20¢ for each tract or lot of land, to be paid by either the person
making the redemption from tax sale, the person surrendering the
certificate of sale for cancellation, or the person taking out tax deed.
For noting on collector's warrant special assessments withdrawn from
collection 20¢ for each tract or lot of land, to be charged against the
lot assessed in the withdrawn special assessment when brought forward
with current tax or when redeemed by the county clerk. The county clerk
shall certify to the county collector the amount due from each city,
village or taxing body for such fees, each year, and the county
collector in his settlement with such taxing body shall reserve such
amount from the amount payable by him to such taxing body.
For taking and approving official bond of a town assessor, filing and
recording same, and issuing certificate of election or qualification to
such official or to the Secretary of State, $10, to be paid by the
officer-elect.
For certified copies of plats, 20¢ for each lot shown in copy, but no
charge less than $4.
For tax search and issuing Statement regarding same on new plats to
be recorded, $10.
For furnishing written description in conformity with permanent real
estate index number, $2 for each written description.
The following fees shall be allowed for services in matters of taxes
and assessments, and shall be charged as costs against the delinquent
property, and collected with the taxes thereon:
For entering judgment, 8¢ for each tract or lot.
For services in attending the tax sale and issuing certificates of
sale and sealing the same, $10 for each tract or lot.
For making list of delinquent lands and town lots sold, to be filed
with the State Comptroller, 10¢ for each tract or lot sold.
The following fees shall be audited and allowed by the board of
county commissioners and paid from the county treasury.
For computing State or county taxes, on each description of real
estate and each person's, firm's or corporation's personal property tax,
for each extension of each tax, 4¢, which shall include the transcribing
of the collector's books.
For computing, extending and bringing forward, and adding to the
current tax, the amount due for general taxes on lands and lots
previously forfeited to the State, for each extension of each tax, 4¢
for the first year, and for computing and extending the tax and penalty
for each additional year, 6¢.
For making duplicate or triplicate sets of books, containing
transcripts of taxable property, for the board of assessors and board of
review, 3¢ for each description entered in each book.
For filing, indexing and recording or binding each birth, death or
stillbirth certificate or report, 15¢, which fee shall be in full for
all services in connection therewith, including the keeping of accounts
with district registrars.
For posting new subdivisions or plats in official atlases, 25¢ for
each lot.
For compiling new sheets for atlases, 20¢ for each lot.
For compiling new atlases, including necessary record searches, 25¢
for each lot.
For investigating and reporting on each new plat, referred to county
clerk, $2.
For attending sessions of the board of county commissioners thereof,
$5 per day, for each clerk in attendance.
For recording proceedings of the board of county commissioners, 15¢
per 100 words.
For filing papers which must be kept in office of comptroller of Cook
County, 10¢ for each paper filed.
For filing and indexing contracts, bonds, communications, and other
such papers which must be kept in office of comptroller of Cook County,
15¢ for each document.
For swearing any person to necessary affidavits relating to the
correctness of claims against the county, 25¢.
For issuing warrants in payment of salaries, supplies and other
accounts, and all necessary auditing and bookkeeping work in connection
therewith, 10¢ each.
The fee requirements of this Section do not apply to units of local
government or school districts.
The fees listed in this Section apply only when a county board has not adjusted them by ordinance or otherwise set by law. (Source: P.A. 103-400, eff. 1-1-24.)
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(55 ILCS 5/4-12004) (from Ch. 34, par. 4-12004)
Sec. 4-12004.
Payment of sheriff and recorder in advance.
The
sheriff and recorder shall, in all
cases, be entitled to demand the payment of all fees for services in
advance, so far as the same can be ascertained.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 4-13 heading) Division 4-13. Penalty for Violations
(Source: P.A. 103-154, eff. 6-30-23.) |
(55 ILCS 5/4-13001) (from Ch. 34, par. 4-13001)
Sec. 4-13001.
Penalty for violations.
Any county officer herein
above named, failing or refusing to pay over to the county treasurer the
fees of the office, as provided in this Article, or who knowingly demands
or receives other or greater fees than those provided by law, shall be
deemed guilty of a Class A misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/Art. 5 heading) ARTICLE 5.
POWERS AND DUTIES OF COUNTY BOARDS
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(55 ILCS 5/Div. 5-1 heading) Division 5-1.
In General
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(55 ILCS 5/5-1001) (from Ch. 34, par. 5-1001)
Sec. 5-1001.
Corporate name of county.
Each county which has
been, or may be established in this State, according to the laws thereof,
shall be a body politic and corporate, by the name and style of "The county
of ....," and by that name may sue and be sued, plead and may be impleaded,
defend and be defended against in any court having jurisdiction of the
subject-matter, or other place where justice shall be administered.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1002) (from Ch. 34, par. 5-1002)
Sec. 5-1002.
Indemnity of sheriff or deputy.
If any injury to the
person or property of another is caused by a sheriff or any deputy sheriff,
while the sheriff or deputy is engaged in the performance of his or her
duties as such, and without the contributory negligence of the injured
person or the owner of the injured property, or the agent or servant of the
injured person or owner, the county shall indemnify the sheriff or deputy,
as the case may be, for any judgment recovered against him or her as the
result of that injury, except where the injury results from the wilful
misconduct of the sheriff or deputy, as the case may be, to the extent of
not to exceed $1,000,000, including costs of action.
Any sheriff or deputy, as the case may be, or any person who, at the time
of performing such an act complained of, was a sheriff or deputy sheriff, who
is made a party defendant to any such action shall, within 10 days of service
of process upon him or her, notify the county, of the fact that the action
has been instituted, and that he or she has been made a party defendant to the
action. The notice must be in writing, and be filed in the office of the
State's Attorney and also in the office of the county clerk, either by
himself or herself, his or her agent or attorney. The notice shall
state in substance, that the sheriff or deputy sheriff, as the case may be,
(naming him or her), has been served with process and made a party
defendant to an action wherein it is claimed that a person has suffered
injury to his or her person or property caused by that sheriff or deputy
sheriff stating the title and number of the case; the Court wherein the action
is pending; and the date the sheriff or deputy sheriff was served with process
in the action, and made a party defendant thereto. The county which is or may
be liable to indemnify the sheriff or deputy sheriff, as the case may be, may
intervene in the action against the sheriff or deputy sheriff, as the case may
be, and shall be permitted to appear and defend. The duty of the county to
indemnify any sheriff or deputy sheriff for any judgment recovered against him
or her is conditioned upon receiving notice of the filing of any such action in
the manner and form hereinabove described.
(Source: P.A. 92-810, eff. 8-21-02.)
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(55 ILCS 5/5-1002.5)
Sec. 5-1002.5.
Indemnity of regional superintendent of schools and
assistants. A county
may indemnify and protect the regional superintendent of schools and the
assistant regional superintendents against civil rights damage claims and
suits,
constitutional rights damage claims and suits, and death and bodily
injury and property damage claims and suits, including defense of those suits,
when damages are sought for negligent or wrongful acts alleged to have been
committed in the performance of their duties.
(Source: P.A. 89-397, eff. 8-20-95.)
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(55 ILCS 5/5-1003) (from Ch. 34, par. 5-1003)
Sec. 5-1003.
Indemnity of public defender or assistant public
defender. If any injury to the person or property of another is
caused by a public defender or any assistant public defender, while the
public defender or assistant public defender is engaged in the performance
of his duties as such, the county shall indemnify the
public defender or assistant public defender, as the case may be, for any
judgment recovered against him as the result of that injury, except where
the injury results from the willful misconduct of the public defender or
assistant public defender, as the case may be. Any person who, at the
time of performing such an act complained of, was a public defender or
assistant public defender, who is made a party defendant to any such action
shall, within 10 days of service of process upon him, notify the county, of
the fact that the action has been instituted, and that he has been made a
party defendant to the action. The notice must be in writing, and be filed
in the office of the State's attorney and also in the office of the county
clerk, either by himself, his agent or attorney. The notice shall state in
substance, that the public defender or assistant public defender, as the
case may be, (naming him), has been served with process and made a party
defendant to an action wherein it is claimed that a person has suffered
injury to his person or property caused by that public defender or
assistant public defender stating the title and number of the case;
the court wherein the action is pending; and the date the public defender
or assistant public defender was served with process in the action, and
made a party defendant thereto. The county which is or may be liable to
indemnify the public defender or assistant public defender as the case may be,
may intervene in the suit against the public defender or assistant public
defender, as the case may be, and shall be permitted to appear and defend.
The duty of the county to indemnify any public defender or assistant
public defender for any judgment recovered against him is conditioned upon
receiving notice of the filing of any such action in the manner and form
herein described.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1003.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-1003.5. Indemnification for autopsies performed by physicians. A county shall indemnify and hold harmless a physician who has been appointed or designated by the county or the coroner's office to perform autopsies for all of the physician's acts, omissions, decisions, or conduct arising out of the scope of the physician's duties of performing autopsies for the county, except those involving willful or wanton misconduct. A physician who is made a party defendant to an action arising out of the physician's acts, omissions, decisions, or conduct arising out of the scope of the physician's duties of performing autopsies for the county shall, within 10 days after service of process upon the physician, notify the county of the fact that the action has been instituted and that the physician has been made a party defendant to the action. The notice must be in writing and be filed in the office of the State's Attorney and also in the office of the county clerk either by the physician or by the physician's agent or attorney. The notice shall state the name of the physician, that the physician has been served with process and made a party defendant to an action wherein it is claimed that a person has suffered injury to the person's body or property caused by that physician, the title and number of the case, the court in which the action is pending, and the date the physician was served with process in the action and made a party defendant to the action. The county that is or may be liable to indemnify the physician may intervene in the action against the physician and shall be permitted to appear and defend. The duty of the county to indemnify any physician for any judgment recovered against the physician is conditioned upon receiving notice of the filing of any such action in the manner and form described in this Section.(Source: P.A. 103-922, eff. 1-1-25.) |
(55 ILCS 5/5-1004) (from Ch. 34, par. 5-1004)
Sec. 5-1004.
Exercise of corporate powers.
The powers of the county
as a body corporate or politic, shall be exercised by a county board, to
wit: In counties under township organization (except the County of Cook),
by the county board members elected under Division 2-3; in the County of
Cook, by a board of county commissioners, pursuant to Section 3 of Article
VII of the Illinois Constitution; in counties not under township
organization, by the board of county commissioners.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
Sec. 5-1005. Powers. Each county shall have power:
1. To purchase and hold the real and personal estate | ||
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2. To sell and convey or lease any real or personal | ||
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3. To make all contracts and do all other acts in | ||
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4. To take all necessary measures and institute | ||
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5. To purchase and hold or lease real estate upon | ||
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6. To cause to be erected, or otherwise provided, | ||
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7. To contribute such sums of money toward erecting, | ||
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8. To purchase and hold real estate for the | ||
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9. To purchase and hold real estate for the purpose | ||
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10. To appropriate funds from the county treasury to | ||
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11. To take all necessary measures to prevent forest | ||
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12. To authorize the closing on Saturday mornings of | ||
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13. To provide for the conservation, preservation and | ||
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14. To appropriate funds from the county treasury and | ||
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15. In counties having less than 1,000,000 | ||
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16. To install an adequate system of accounts and | ||
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17. To purchase and hold real estate for the | ||
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18. To acquire and hold title to real property | ||
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19. To appropriate funds from the county treasury to | ||
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20. To appropriate funds from the county treasury and | ||
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21. To appropriate and expend funds from the county | ||
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22. To lease space on a telecommunications tower to | ||
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23. In counties having a population of 100,000 or | ||
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All contracts for the purchase of coal under this Section shall be
subject to the provisions of "An Act concerning the use of Illinois mined
coal in certain plants and institutions", filed July 13, 1937, as amended.
(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; 96-622, eff. 8-24-09.)
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(55 ILCS 5/5-1005.5)
Sec. 5-1005.5.
Advisory referenda.
By a vote of the majority of the
members of the county board, the board may authorize an advisory question of
public policy to be placed on the ballot at the next regularly scheduled
election in the county. The county board shall certify the question to the
proper election authority, which must submit the question at an election in
accordance with the Election Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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(55 ILCS 5/5-1005.10) Sec. 5-1005.10. Ordinances penalizing tenants who contact police or other emergency services prohibited. (a) Definitions. As used in this Section: "Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services. "Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act. "Disability" means, with respect to a person: (1) a physical or mental impairment which | ||
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(2) a record of having such an impairment; or (3) being regarded as having such an impairment, but | ||
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"Domestic violence", "landlord", "sexual violence", and "tenant" have the meanings provided under Section 10 of the Safe Homes Act. "Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act. "Penalizes" includes, but is not limited to: (1) assessment of fees or fines; (2) revocation, suspension, or nonrenewal of any | ||
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(3) termination or denial of a subsidized housing | ||
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(4) termination or nonrenewal of a residential lease | ||
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"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure. (b) Protection. (1) No county shall enact or enforce an ordinance or | ||
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(A) contact made to police or other emergency | ||
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(B) an incident or incidents of actual or | ||
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(C) criminal activity or a local ordinance | ||
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(2) Nothing with respect to this Section: (A) limits | ||
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(c) Remedies. If a county enacts or enforces an ordinance or regulation against a tenant or landlord in violation of subsection (b), the tenant or landlord may bring a civil action to seek any one or more of the following remedies: (1) an order invalidating the ordinance or regulation | ||
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(2) compensatory damages; (3) reasonable attorney fees and court costs; or (4) other equitable relief as the court may deem | ||
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(d) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 99-441, eff. 11-29-15.) |
(55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)
(Text of Section before amendment by P.A. 103-592)
Sec. 5-1006. Home Rule County Retailers' Occupation Tax Law. Any county that is a home rule unit may impose
a tax upon all persons engaged in the business of selling tangible
personal property, other than an item of tangible personal property titled
or registered with an agency of this State's government, at retail in the
county on the gross receipts from such sales made in the course of
their business. If imposed, this tax shall only
be imposed in 1/4% increments. On and after September 1, 1991, this
additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. The tax imposed by a home rule
county pursuant to this Section and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
State Department of Revenue. The certificate of registration that is
issued by the Department to a retailer under the Retailers'
Occupation Tax Act shall permit the retailer to engage in a
business that is taxable under any ordinance or resolution
enacted pursuant to this Section without registering separately with the
Department under such ordinance or resolution or under this Section. The
Department shall have full power to administer and enforce this Section; to
collect all taxes and penalties due hereunder; to dispose of taxes and
penalties so collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the administration of,
and compliance with, this Section, the Department and persons who are
subject to this Section shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms, and employ
the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions
therein other
than the State rate of tax), 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers'
Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act,
as fully as if those provisions were set forth herein.
No tax may be imposed by a home rule county pursuant to this Section
unless the county also imposes a tax at the same rate pursuant
to Section 5-1007.
Persons subject to any tax imposed pursuant to the authority granted
in this Section may reimburse themselves for their seller's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which sellers are required to collect under the Use Tax
Act, pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified and to the person named
in the notification from the Department. The
refund shall be paid by the State Treasurer out of the home rule county
retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex
officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule County Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or
before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to named counties, the counties to be those from which retailers
have paid taxes or penalties hereunder to the Department during the second
preceding calendar month. The amount to be paid to each county shall be
the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the
second preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not including an
amount equal to the amount of refunds made during the second preceding
calendar month by the Department on behalf of such county, and not
including any amount which the Department determines is necessary to offset
any amounts which were payable to a different taxing body but were
erroneously paid to the county, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for
in this Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in the certification.
In addition to the disbursement required by the preceding paragraph,
an allocation shall be made in March of each year to each county that
received more than $500,000 in disbursements under the preceding
paragraph in the preceding calendar year. The allocation shall be in an
amount equal to the average monthly distribution made to each such county
under the preceding paragraph during the preceding calendar year (excluding
the 2 months of highest receipts). The distribution made in March of each
year subsequent to the year in which an allocation was made pursuant to
this paragraph and the preceding paragraph shall be reduced by the amount
allocated and disbursed under this paragraph in the preceding calendar
year. The Department shall prepare and certify to the Comptroller for
disbursement the allocations made in accordance with this paragraph.
For the purpose of determining the local governmental unit whose tax
is applicable, a retail sale by a producer of coal or other mineral
mined in Illinois is a sale at retail at the place where the coal or
other mineral mined in Illinois is extracted from the earth. This
paragraph does not apply to coal or other mineral when it is delivered
or shipped by the seller to the purchaser at a point outside Illinois so
that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may not be
made the subject of taxation by this State.
An ordinance or resolution imposing or discontinuing a tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of June,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of September next following such adoption
and filing. Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed with the
Department on or before the first day of July, whereupon the Department
shall proceed to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of
October, whereupon the Department shall proceed to administer and enforce
this Section as of the first day of January next following such adoption
and filing.
Beginning April 1, 1998, an ordinance or
resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with the Department on
or
before the first day of April, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified copy thereof filed
with the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
When certifying the amount of a monthly disbursement to a county under
this Section, the Department shall increase or decrease such amount by an
amount necessary to offset any misallocation of previous disbursements.
The offset amount shall be the amount erroneously disbursed within the
previous 6 months from the time a misallocation is discovered.
This Section shall be known and may be cited as the Home Rule County
Retailers' Occupation Tax Law.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 5-1006. Home Rule County Retailers' Occupation Tax Law. Any county that is a home rule unit may impose a tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the county on the gross receipts from such sales made in the course of their business. If imposed, this tax shall only be imposed in 1/4% increments. On and after September 1, 1991, this additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. The tax imposed by a home rule county pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. No tax may be imposed by a home rule county pursuant to this Section unless the county also imposes a tax at the same rate pursuant to Section 5-1007. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the home rule county retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule County Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each county shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such county, and not including any amount which the Department determines is necessary to offset any amounts which were payable to a different taxing body but were erroneously paid to the county, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year. The allocation shall be in an amount equal to the average monthly distribution made to each such county under the preceding paragraph during the preceding calendar year (excluding the 2 months of highest receipts). The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. For the purpose of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or other mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or other mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing or discontinuing a tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of June, whereupon the Department shall proceed to administer and enforce this Section as of the first day of September next following such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease such amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. This Section shall be known and may be cited as the Home Rule County Retailers' Occupation Tax Law.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(55 ILCS 5/5-1006.5) (Text of Section before amendment by P.A. 103-592)
Sec. 5-1006.5. Special County Retailers' Occupation Tax
For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation. (a) The county board of any county may impose a
tax upon all persons engaged in the business of selling tangible personal
property, other than personal property titled or registered with an agency of
this State's government, at retail in the county on the gross receipts from the
sales made in the course of business to provide revenue to be used exclusively
for public safety, public facility, mental health, substance abuse, or transportation purposes in that county (except as otherwise provided in this Section), if a
proposition for the
tax has been submitted to the electors of that county and
approved by a majority of those voting on the question. If imposed, this tax
shall be imposed only in one-quarter percent increments. By resolution, the
county board may order the proposition to be submitted at any election.
If the tax is imposed for
transportation purposes for expenditures for public highways or as
authorized
under the Illinois Highway Code, the county board must publish notice
of the existence of its long-range highway transportation
plan as required or described in Section 5-301 of the Illinois
Highway Code and must make the plan publicly available prior to
approval of the ordinance or resolution
imposing the tax. If the tax is imposed for transportation purposes for
expenditures for passenger rail transportation, the county board must publish
notice of the existence of its long-range passenger rail transportation plan
and
must make the plan publicly available prior to approval of the ordinance or
resolution imposing the tax. If a tax is imposed for public facilities purposes, then the name of the project may be included in the proposition at the discretion of the county board as determined in the enabling resolution. For example, the "XXX Nursing Home" or the "YYY Museum". The county clerk shall certify the
question to the proper election authority, who
shall submit the proposition at an election in accordance with the general
election law.
(1) The proposition for public safety purposes shall | ||
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"To pay for public safety purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for public safety purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For the purposes of the paragraph, "public safety | ||
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Votes shall be recorded as "Yes" or "No".
Beginning on the January 1 or July 1, whichever is | ||
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(2) The proposition for transportation purposes shall | ||
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"To pay for improvements to roads and other | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for road improvements and other | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For the purposes of this paragraph, transportation | ||
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The votes shall be recorded as "Yes" or "No".
(3) The proposition for public facilities purposes | ||
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"To pay for public facilities purposes, shall (name | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for public facilities purposes, shall (name | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For purposes of this Section, "public facilities | ||
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The votes shall be recorded as "Yes" or "No". (4) The proposition for mental health purposes shall | ||
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"To pay for mental health purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for mental health purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The votes shall be recorded as "Yes" or "No". (5) The proposition for substance abuse purposes | ||
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"To pay for substance abuse purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for substance abuse purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The votes shall be recorded as "Yes" or "No". If a majority of the electors voting on
the proposition vote in favor of it, the county may impose the tax.
A county may not submit more than one proposition authorized by this Section
to the electors at any one time.
This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed by a county under this Section and
all civil penalties that may be assessed as an incident of the tax shall be
collected and enforced by the Illinois Department of Revenue and deposited
into a special fund created for that purpose. The certificate
of registration that is issued by the Department to a retailer under the
Retailers' Occupation Tax Act shall permit the retailer to engage in a business
that is taxable without registering separately with the Department under an
ordinance or resolution under this Section. The Department has full
power to administer and enforce this Section, to collect all taxes and
penalties due under this Section, to dispose of taxes and penalties so
collected in the manner provided in this Section, and to determine
all rights to credit memoranda arising on account of the erroneous payment of
a tax or penalty under this Section. In the administration of and compliance
with this Section, the Department and persons who are subject to this Section
shall (i) have the same rights, remedies, privileges, immunities, powers, and
duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, and definitions of terms, and (iii) employ the same modes of
procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f,
1i, 1j,
1k, 1m, 1n,
2 through 2-70 (in respect to all provisions contained in those Sections
other than the
State rate of tax), 2a, 2b, 2c, 3 (except provisions
relating to
transaction returns and quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are deposited into the Local Government Aviation Trust Fund), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act as if those provisions were set forth in this Section.
Persons subject to any tax imposed under the authority granted in this
Section may reimburse themselves for their sellers' tax liability by
separately stating the tax as an additional charge, which charge may be stated
in combination, in a single amount, with State tax which sellers are required
to collect under the Use Tax Act, pursuant to such bracketed schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn for
the amount specified and to the person named in the notification from the
Department. The refund shall be paid by the State Treasurer out of the County
Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers' Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate.
(b) If a tax has been imposed under subsection (a), a
service occupation tax shall
also be imposed at the same rate upon all persons engaged, in the county, in
the business
of making sales of service, who, as an incident to making those sales of
service, transfer tangible personal property within the county
as an
incident to a sale of service.
This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.
The tax imposed under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by the
Department of Revenue. The Department has
full power to
administer and enforce this subsection; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties so collected in the manner
hereinafter provided; and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of and compliance with this subsection, the
Department and persons who are subject to this paragraph shall (i) have the
same rights, remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms, and (iii) employ the same
modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place of
business in this State shall mean the county), 2a, 2b, 2c, 3 through
3-50 (in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the county),
5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the county), 9 (except as
to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are deposited into the Local Government Aviation Trust Fund), 10, 11, 12 (except the reference therein to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference to the State
shall mean the county), Section 15, 16,
17, 18, 19, and 20 of the Service Occupation Tax Act, and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those provisions were
set forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax liability
by separately stating the tax as an additional charge, which
charge may be stated in combination, in a single amount, with State tax
that servicemen are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the County Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers' Occupation Fund or the Local Government Aviation Trust Fund, as appropriate.
Nothing in this subsection shall be construed to authorize the county
to impose a tax upon the privilege of engaging in any business which under
the Constitution of the United States may not be made the subject of taxation
by the State.
(c) Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex
officio,
as trustee, all taxes and penalties collected under this Section to be
deposited into the County Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers'
Occupation Tax Fund, which
shall be an unappropriated trust fund held outside of the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th
day of each calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money
to the counties from which retailers have paid
taxes or penalties to the Department during the second preceding
calendar month. The amount to be paid to each county, and deposited by the
county into its special fund created for the purposes of this Section, shall
be the amount (not
including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected under this Section during the second
preceding
calendar month by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a different
taxing body, and not including (i) an amount equal to the amount of refunds
made
during the second preceding calendar month by the Department on behalf of
the county, (ii) any amount that the Department determines is
necessary to offset any amounts that were payable to a different taxing body
but were erroneously paid to the county, (iii) any amounts that are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder, which shall be transferred into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the
Comptroller of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for in
this Section to be given to the Comptroller by the Department, the Comptroller
shall cause the orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
In addition to the disbursement required by the preceding paragraph, an
allocation shall be made in March of each year to each county that received
more than $500,000 in disbursements under the preceding paragraph in the
preceding calendar year. The allocation shall be in an amount equal to the
average monthly distribution made to each such county under the preceding
paragraph during the preceding calendar year (excluding the 2 months of
highest receipts). The distribution made in March of each year subsequent to
the year in which an allocation was made pursuant to this paragraph and the
preceding paragraph shall be reduced by the amount allocated and disbursed
under this paragraph in the preceding calendar year. The Department shall
prepare and certify to the Comptroller for disbursement the allocations made in
accordance with this paragraph.
(d) For the purpose of determining the local governmental unit whose tax is
applicable, a retail sale by a producer of coal or another mineral mined in
Illinois is a sale at retail at the place where the coal or other mineral mined
in Illinois is extracted from the earth. This paragraph does not apply to coal
or another mineral when it is delivered or shipped by the seller to the
purchaser
at a point outside Illinois so that the sale is exempt under the United States
Constitution as a sale in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize a county to
impose a
tax upon the privilege of engaging in any business that under the Constitution
of the United States may not be made the subject of taxation by this State.
(e-5) If a county imposes a tax under this Section, the county board may,
by ordinance, discontinue or lower the rate of the tax. If the county board
lowers the tax rate or discontinues the tax, a referendum must be
held in accordance with subsection (a) of this Section in order to increase the
rate of the tax or to reimpose the discontinued tax.
(f) Beginning April 1, 1998 and through December 31, 2013, the results of any election authorizing a
proposition to impose a tax
under this Section or effecting a change in the rate of tax, or any ordinance
lowering the rate or discontinuing the tax,
shall be certified
by the
county clerk and filed with the Illinois Department of Revenue
either (i) on or
before the first day of April, whereupon the Department shall proceed to
administer and enforce the tax as of the first day of July next following
the filing; or (ii)
on or before the first day of October, whereupon the
Department shall proceed to administer and enforce the tax as of the first
day of January next following the filing.
Beginning January 1, 2014, the results of any election authorizing a proposition to impose a tax under this Section or effecting an increase in the rate of tax, along with the ordinance adopted to impose the tax or increase the rate of the tax, or any ordinance adopted to lower the rate or discontinue the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of May, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the adoption and filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the adoption and filing. (g) When certifying the amount of a monthly disbursement to a county under
this
Section, the Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the previous 6 months
from the time a miscalculation is discovered.
(g-5) Every county authorized to levy a tax
under this Section shall, before it levies such
tax, establish a 7-member mental health board, which shall have the same powers and duties and be constituted in the same manner as a community mental health board established under the Community Mental Health Act. Proceeds of the tax under this Section that are earmarked for mental health or substance abuse purposes shall be deposited into a special county occupation tax fund for mental health and substance abuse. The 7-member mental health board established under this subsection shall administer the special county occupation tax fund for mental health and substance abuse in the same manner as the community mental health board administers the community mental health fund under the Community Mental Health Act. (h) This Section may be cited as the "Special County Occupation Tax
For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Law".
(i) For purposes of this Section, "public safety" includes, but is not
limited to, crime prevention, detention, fire fighting, police, medical,
ambulance, or other emergency
services. The county may share tax proceeds received under this Section for public safety purposes, including proceeds received before August 4, 2009 (the effective date of Public Act 96-124), with any fire protection district located in the county. For the purposes of this Section, "transportation" includes, but
is not limited to, the construction,
maintenance, operation, and improvement of public highways, any other
purpose for which a county may expend funds under the Illinois Highway Code,
and passenger rail transportation. For the purposes of this Section, "public facilities purposes" includes, but is not limited to, the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the public facilities, for use by the county for the furnishing of governmental services to its citizens, including, but not limited to, museums and nursing homes. (j) The Department may promulgate rules to implement Public Act 95-1002 only to the extent necessary to apply the existing rules for the Special County Retailers' Occupation Tax for Public Safety to this new purpose for public facilities.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-275, eff. 8-9-19; 101-604, eff. 12-13-19; 102-379, eff. 1-1-22; 102-700, eff. 4-19-22.) (Text of Section after amendment by P.A. 103-592) Sec. 5-1006.5. Special County Retailers' Occupation Tax For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation. (a) The county board of any county may impose a tax upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State's government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used exclusively for public safety, public facility, mental health, substance abuse, or transportation purposes in that county (except as otherwise provided in this Section), if a proposition for the tax has been submitted to the electors of that county and approved by a majority of those voting on the question. If imposed, this tax shall be imposed only in one-quarter percent increments. By resolution, the county board may order the proposition to be submitted at any election. If the tax is imposed for transportation purposes for expenditures for public highways or as authorized under the Illinois Highway Code, the county board must publish notice of the existence of its long-range highway transportation plan as required or described in Section 5-301 of the Illinois Highway Code and must make the plan publicly available prior to approval of the ordinance or resolution imposing the tax. If the tax is imposed for transportation purposes for expenditures for passenger rail transportation, the county board must publish notice of the existence of its long-range passenger rail transportation plan and must make the plan publicly available prior to approval of the ordinance or resolution imposing the tax. If a tax is imposed for public facilities purposes, then the name of the project may be included in the proposition at the discretion of the county board as determined in the enabling resolution. For example, the "XXX Nursing Home" or the "YYY Museum". The county clerk shall certify the question to the proper election authority, who shall submit the proposition at an election in accordance with the general election law. (1) The proposition for public safety purposes shall | ||
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"To pay for public safety purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for public safety purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For the purposes of the paragraph, "public safety | ||
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Votes shall be recorded as "Yes" or "No". Beginning on the January 1 or July 1, whichever is | ||
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(2) The proposition for transportation purposes shall | ||
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"To pay for improvements to roads and other | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for road improvements and other | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For the purposes of this paragraph, transportation | ||
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The votes shall be recorded as "Yes" or "No". (3) The proposition for public facilities purposes | ||
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"To pay for public facilities purposes, shall (name | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for public facilities purposes, shall (name | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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For purposes of this Section, "public facilities | ||
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The votes shall be recorded as "Yes" or "No". (4) The proposition for mental health purposes shall | ||
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"To pay for mental health purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for mental health purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The votes shall be recorded as "Yes" or "No". (5) The proposition for substance abuse purposes | ||
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"To pay for substance abuse purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The county board may also opt to establish a sunset | ||
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"To pay for substance abuse purposes, shall (name of | ||
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As additional information on the ballot below the | ||
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"This would mean that a consumer would pay an | ||
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The votes shall be recorded as "Yes" or "No". If a majority of the electors voting on the proposition vote in favor of it, the county may impose the tax. A county may not submit more than one proposition authorized by this Section to the electors at any one time. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed by a county under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Illinois Department of Revenue and deposited into a special fund created for that purpose. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this Section. The Department has full power to administer and enforce this Section, to collect all taxes and penalties due under this Section, to dispose of taxes and penalties so collected in the manner provided in this Section, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this Section. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-70 (in respect to all provisions contained in those Sections other than the State rate of tax), 2a, 2b, 2c, 3 (except provisions relating to transaction returns and quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are deposited into the Local Government Aviation Trust Fund), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their sellers' tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the County Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers' Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate. (b) If a tax has been imposed under subsection (a), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the county, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the county as an incident to a sale of service. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this subsection; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the county), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are deposited into the Local Government Aviation Trust Fund), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the county), Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act, and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the County Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers' Occupation Fund or the Local Government Aviation Trust Fund, as appropriate. Nothing in this subsection shall be construed to authorize the county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. (b-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (c) Except as otherwise provided in this paragraph, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the County Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Retailers' Occupation Tax Fund, which shall be an unappropriated trust fund held outside of the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the counties from which retailers have paid taxes or penalties to the Department during the second preceding calendar month. The amount to be paid to each county, and deposited by the county into its special fund created for the purposes of this Section, shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including (i) an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the county, (ii) any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county, (iii) any amounts that are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5% of the remainder, which shall be transferred into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year. The allocation shall be in an amount equal to the average monthly distribution made to each such county under the preceding paragraph during the preceding calendar year (excluding the 2 months of highest receipts). The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. (d) For the purpose of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. (e) Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (e-5) If a county imposes a tax under this Section, the county board may, by ordinance, discontinue or lower the rate of the tax. If the county board lowers the tax rate or discontinues the tax, a referendum must be held in accordance with subsection (a) of this Section in order to increase the rate of the tax or to reimpose the discontinued tax. (f) Beginning April 1, 1998 and through December 31, 2013, the results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax, or any ordinance lowering the rate or discontinuing the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the filing. Beginning January 1, 2014, the results of any election authorizing a proposition to impose a tax under this Section or effecting an increase in the rate of tax, along with the ordinance adopted to impose the tax or increase the rate of the tax, or any ordinance adopted to lower the rate or discontinue the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of May, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the adoption and filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the adoption and filing. (g) When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a miscalculation is discovered. (g-5) Every county authorized to levy a tax under this Section shall, before it levies such tax, establish a 7-member mental health board, which shall have the same powers and duties and be constituted in the same manner as a community mental health board established under the Community Mental Health Act. Proceeds of the tax under this Section that are earmarked for mental health or substance abuse purposes shall be deposited into a special county occupation tax fund for mental health and substance abuse. The 7-member mental health board established under this subsection shall administer the special county occupation tax fund for mental health and substance abuse in the same manner as the community mental health board administers the community mental health fund under the Community Mental Health Act. (h) This Section may be cited as the "Special County Occupation Tax For Public Safety, Public Facilities, Mental Health, Substance Abuse, or Transportation Law". (i) For purposes of this Section, "public safety" includes, but is not limited to, crime prevention, detention, fire fighting, police, medical, ambulance, or other emergency services. The county may share tax proceeds received under this Section for public safety purposes, including proceeds received before August 4, 2009 (the effective date of Public Act 96-124), with any fire protection district located in the county. For the purposes of this Section, "transportation" includes, but is not limited to, the construction, maintenance, operation, and improvement of public highways, any other purpose for which a county may expend funds under the Illinois Highway Code, and passenger rail transportation. For the purposes of this Section, "public facilities purposes" includes, but is not limited to, the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the public facilities, for use by the county for the furnishing of governmental services to its citizens, including, but not limited to, museums and nursing homes. (j) The Department may promulgate rules to implement Public Act 95-1002 only to the extent necessary to apply the existing rules for the Special County Retailers' Occupation Tax for Public Safety to this new purpose for public facilities. (Source: P.A. 102-379, eff. 1-1-22; 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(55 ILCS 5/5-1006.7) (Text of Section before amendment by P.A. 103-592) Sec. 5-1006.7. School facility and resources occupation taxes. (a) In any county, a tax shall be imposed upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State's government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used exclusively for (i) school facility purposes (except as otherwise provided in this Section), (ii) school resource officers and mental health professionals, or (iii) school facility purposes, school resource officers, and mental health professionals if a proposition for the tax has been submitted to the electors of that county and approved by a majority of those voting on the question as provided in subsection (c). The tax under this Section shall be imposed only in one-quarter percent increments and may not exceed 1%. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under Public Act 102-700). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.
The Department of Revenue has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. The Department shall deposit all taxes and penalties collected under this subsection into a special fund created for that purpose. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in Sections 1 through 1o, 2 through 2-70 (in respect to all provisions contained in those Sections other than the State rate of tax), 2a through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act as if those provisions were set forth in this subsection. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act permits the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this subsection. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their seller's tax liability by separately stating that tax as an additional charge, which may be stated in combination, in a single amount, with State tax that sellers are required to collect under the Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (b) If a tax has been imposed under subsection (a), then a service occupation tax must also be imposed at the same rate upon all persons engaged, in the county, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the county as an incident to a sale of service. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under Public Act 102-700). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department and deposited into a special fund created for that purpose. The Department has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties and definition of terms, and (iii) employ the same modes of procedure as are set forth in Sections 2 (except that that reference to State in the definition of supplier maintaining a place of business in this State means the county), 2a through 2d, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax is a debt to the extent indicated in that Section 8 is the county), 9 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State means the county), 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (c) The tax under this Section may not be imposed until the question of imposing the tax has been submitted to the electors of the county at a regular election and approved by a majority of the electors voting on the question. For all regular elections held prior to August 23, 2011 (the effective date of Public Act 97-542), upon a resolution by the county board or a resolution by school district boards that represent at least 51% of the student enrollment within the county, the county board must certify the question to the proper election authority in accordance with the Election Code. For all regular elections held prior to August 23, 2011 (the effective date of Public Act 97-542), the election authority must submit the question in substantially the following form: Shall (name of county) be authorized to impose a | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the county may, thereafter, impose the tax. For all regular elections held on or after August 23, 2011 (the effective date of Public Act 97-542), the regional superintendent of schools for the county must, upon receipt of a resolution or resolutions of school district boards that represent more than 50% of the student enrollment within the county, certify the question to the proper election authority for submission to the electors of the county at the next regular election at which the question lawfully may be submitted to the electors, all in accordance with the Election Code. For all regular elections held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455), the election authority must submit the question in substantially the following form: Shall a retailers' occupation tax and a service | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the tax shall be imposed at the rate set forth in the question. For all regular elections held on or after August 23, 2019 (the effective date of Public Act 101-455), the election authority must submit the question as follows: (1) If the referendum is to expand the use of | ||
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In addition to school facility purposes, shall | ||
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(2) If the referendum is to increase the rate of a | ||
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Shall the tax commonly referred to as the school | ||
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(3) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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(4) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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(5) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the tax shall be imposed at the rate set forth in the question. For the purposes of this subsection (c), "enrollment" means the head count of the students residing in the county on the last school day of September of each year, which must be reported on the Illinois State Board of Education Public School Fall Enrollment/Housing Report.
(d) Except as otherwise provided, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the School Facility Occupation Tax Fund, which shall be an unappropriated trust fund held outside the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the regional superintendents of schools in counties from which retailers or servicemen have paid taxes or penalties to the Department during the second preceding calendar month. The amount to be paid to each regional superintendent of schools and disbursed to him or her in accordance with Section 3-14.31 of the School Code, is equal to the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected from the county under this Section during the second preceding calendar month by the Department, (i) less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020), of which 50% shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this Section, on behalf of the county, and 50% shall be distributed to the regional superintendent of schools to cover the costs in administering and enforcing the provisions of this Section; (ii) plus an amount that the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body; (iii) less an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the county; and (iv) less any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county. When certifying the amount of a monthly disbursement to a regional superintendent of schools under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements within the previous 6 months from the time a miscalculation is discovered. Within 10 days after receipt by the Comptroller from the Department of the disbursement certification to the regional superintendents of the schools provided for in this Section, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification. If the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, then the Department shall notify the Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the Treasurer out of the School Facility Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate.
(e) For the purposes of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This subsection does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. (f) Nothing in this Section may be construed to authorize a tax to be imposed upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (g) If a county board imposes a tax under this Section pursuant to a referendum held before August 23, 2011 (the effective date of Public Act 97-542) at a rate below the rate set forth in the question approved by a majority of electors of that county voting on the question as provided in subsection (c), then the county board may, by ordinance, increase the rate of the tax up to the rate set forth in the question approved by a majority of electors of that county voting on the question as provided in subsection (c). If a county board imposes a tax under this Section pursuant to a referendum held before August 23, 2011 (the effective date of Public Act 97-542), then the board may, by ordinance, discontinue or reduce the rate of the tax. If a tax is imposed under this Section pursuant to a referendum held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455), then the county board may reduce or discontinue the tax, but only in accordance with subsection (h-5) of this Section. If a tax is imposed under this Section pursuant to a referendum held on or after August 23, 2019 (the effective date of Public Act 101-455), then the county board may reduce or discontinue the tax, but only in accordance with subsection (h-10). If, however, a school board issues bonds that are secured by the proceeds of the tax under this Section, then the county board may not reduce the tax rate or discontinue the tax if that rate reduction or discontinuance would adversely affect the school board's ability to pay the principal and interest on those bonds as they become due or necessitate the extension of additional property taxes to pay the principal and interest on those bonds. If the county board reduces the tax rate or discontinues the tax, then a referendum must be held in accordance with subsection (c) of this Section in order to increase the rate of the tax or to reimpose the discontinued tax. Until January 1, 2014, the results of any election that imposes, reduces, or discontinues a tax under this Section must be certified by the election authority, and any ordinance that increases or lowers the rate or discontinues the tax must be certified by the county clerk and, in each case, filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of January next following the filing. Beginning January 1, 2014, the results of any election that imposes, reduces, or discontinues a tax under this Section must be certified by the election authority, and any ordinance that increases or lowers the rate or discontinues the tax must be certified by the county clerk and, in each case, filed with the Illinois Department of Revenue either (i) on or before the first day of May, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of January next following the filing. (h) For purposes of this Section, "school facility purposes" means (i) the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the capital facilities and (ii) the payment of bonds or other obligations heretofore or hereafter issued, including bonds or other obligations heretofore or hereafter issued to refund or to continue to refund bonds or other obligations issued, for school facility purposes, provided that the taxes levied to pay those bonds are abated by the amount of the taxes imposed under this Section that are used to pay those bonds. "School facility purposes" also includes fire prevention, safety, energy conservation, accessibility, school security, and specified repair purposes set forth under Section 17-2.11 of the School Code. (h-5) A county board in a county where a tax has been imposed under this Section pursuant to a referendum held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455) may, by ordinance or resolution, submit to the voters of the county the question of reducing or discontinuing the tax. In the ordinance or resolution, the county board shall certify the question to the proper election authority in accordance with the Election Code. The election authority must submit the question in substantially the following form: Shall the school facility retailers' occupation tax | ||
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If a majority of the electors voting on the question vote in the affirmative, then, subject to the provisions of subsection (g) of this Section, the tax shall be reduced or discontinued as set forth in the question. (h-10) A county board in a county where a tax has been imposed under this Section pursuant to a referendum held on or after August 23, 2019 (the effective date of Public Act 101-455) may, by ordinance or resolution, submit to the voters of the county the question of reducing or discontinuing the tax. In the ordinance or resolution, the county board shall certify the question to the proper election authority in accordance with the Election Code. The election authority must submit the question in substantially the following form: Shall the school facility and resources retailers' | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then, subject to the provisions of subsection (g) of this Section, the tax shall be reduced or discontinued as set forth in the question. (i) This Section does not apply to Cook County. (j) This Section may be cited as the County School Facility and Resources Occupation Tax Law.
(Source: P.A. 102-700, eff. 4-19-22; 102-1062, eff. 7-1-22; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-592) Sec. 5-1006.7. School facility and resources occupation taxes. (a) In any county, a tax shall be imposed upon all persons engaged in the business of selling tangible personal property, other than personal property titled or registered with an agency of this State's government, at retail in the county on the gross receipts from the sales made in the course of business to provide revenue to be used exclusively for (i) school facility purposes (except as otherwise provided in this Section), (ii) school resource officers and mental health professionals, or (iii) school facility purposes, school resource officers, and mental health professionals if a proposition for the tax has been submitted to the electors of that county and approved by a majority of those voting on the question as provided in subsection (c). The tax under this Section shall be imposed only in one-quarter percent increments and may not exceed 1%. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act (or at the 0% rate imposed under Public Act 102-700). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The Department of Revenue has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. The Department shall deposit all taxes and penalties collected under this subsection into a special fund created for that purpose. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and (iii) shall employ the same modes of procedure as are set forth in Sections 1 through 1o, 2 through 2-70 (in respect to all provisions contained in those Sections other than the State rate of tax), 2a through 2h, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act as if those provisions were set forth in this subsection. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act permits the retailer to engage in a business that is taxable without registering separately with the Department under an ordinance or resolution under this subsection. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their seller's tax liability by separately stating that tax as an additional charge, which may be stated in combination, in a single amount, with State tax that sellers are required to collect under the Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (b) If a tax has been imposed under subsection (a), then a service occupation tax must also be imposed at the same rate upon all persons engaged, in the county, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the county as an incident to a sale of service. This tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under Public Act 102-700). Beginning December 1, 2019 and through December 31, 2020, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Beginning January 1, 2021, this tax is not imposed on sales of aviation fuel for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department and deposited into a special fund created for that purpose. The Department has full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties and definition of terms, and (iii) employ the same modes of procedure as are set forth in Sections 2 (except that that reference to State in the definition of supplier maintaining a place of business in this State means the county), 2a through 2d, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax is a debt to the extent indicated in that Section 8 is the county), 9 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State means the county), 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (b-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (c) The tax under this Section may not be imposed until the question of imposing the tax has been submitted to the electors of the county at a regular election and approved by a majority of the electors voting on the question. For all regular elections held prior to August 23, 2011 (the effective date of Public Act 97-542), upon a resolution by the county board or a resolution by school district boards that represent at least 51% of the student enrollment within the county, the county board must certify the question to the proper election authority in accordance with the Election Code. For all regular elections held prior to August 23, 2011 (the effective date of Public Act 97-542), the election authority must submit the question in substantially the following form: Shall (name of county) be authorized to impose a | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the county may, thereafter, impose the tax. For all regular elections held on or after August 23, 2011 (the effective date of Public Act 97-542), the regional superintendent of schools for the county must, upon receipt of a resolution or resolutions of school district boards that represent more than 50% of the student enrollment within the county, certify the question to the proper election authority for submission to the electors of the county at the next regular election at which the question lawfully may be submitted to the electors, all in accordance with the Election Code. For all regular elections held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455), the election authority must submit the question in substantially the following form: Shall a retailers' occupation tax and a service | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the tax shall be imposed at the rate set forth in the question. For all regular elections held on or after August 23, 2019 (the effective date of Public Act 101-455), the election authority must submit the question as follows: (1) If the referendum is to expand the use of | ||
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In addition to school facility purposes, shall | ||
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(2) If the referendum is to increase the rate of a | ||
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Shall the tax commonly referred to as the school | ||
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(3) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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(4) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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(5) If the referendum is to impose a tax in a county | ||
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Shall a retailers' occupation tax and a service | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then the tax shall be imposed at the rate set forth in the question. For the purposes of this subsection (c), "enrollment" means the head count of the students residing in the county on the last school day of September of each year, which must be reported on the Illinois State Board of Education Public School Fall Enrollment/Housing Report. (d) Except as otherwise provided, the Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the School Facility Occupation Tax Fund, which shall be an unappropriated trust fund held outside the State treasury. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the regional superintendents of schools in counties from which retailers or servicemen have paid taxes or penalties to the Department during the second preceding calendar month. The amount to be paid to each regional superintendent of schools and disbursed to him or her in accordance with Section 3-14.31 of the School Code, is equal to the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020) collected from the county under this Section during the second preceding calendar month by the Department, (i) less 2% of that amount (except the amount collected on aviation fuel sold on or after December 1, 2019 and through December 31, 2020), of which 50% shall be deposited into the Tax Compliance and Administration Fund and shall be used by the Department, subject to appropriation, to cover the costs of the Department in administering and enforcing the provisions of this Section, on behalf of the county, and 50% shall be distributed to the regional superintendent of schools to cover the costs in administering and enforcing the provisions of this Section; (ii) plus an amount that the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body; (iii) less an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the county; and (iv) less any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county. When certifying the amount of a monthly disbursement to a regional superintendent of schools under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements within the previous 6 months from the time a miscalculation is discovered. Within 10 days after receipt by the Comptroller from the Department of the disbursement certification to the regional superintendents of the schools provided for in this Section, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification. If the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, then the Department shall notify the Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the Treasurer out of the School Facility Occupation Tax Fund or the Local Government Aviation Trust Fund, as appropriate. (e) For the purposes of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This subsection does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce. (f) Nothing in this Section may be construed to authorize a tax to be imposed upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (g) If a county board imposes a tax under this Section pursuant to a referendum held before August 23, 2011 (the effective date of Public Act 97-542) at a rate below the rate set forth in the question approved by a majority of electors of that county voting on the question as provided in subsection (c), then the county board may, by ordinance, increase the rate of the tax up to the rate set forth in the question approved by a majority of electors of that county voting on the question as provided in subsection (c). If a county board imposes a tax under this Section pursuant to a referendum held before August 23, 2011 (the effective date of Public Act 97-542), then the board may, by ordinance, discontinue or reduce the rate of the tax. If a tax is imposed under this Section pursuant to a referendum held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455), then the county board may reduce or discontinue the tax, but only in accordance with subsection (h-5) of this Section. If a tax is imposed under this Section pursuant to a referendum held on or after August 23, 2019 (the effective date of Public Act 101-455), then the county board may reduce or discontinue the tax, but only in accordance with subsection (h-10). If, however, a school board issues bonds that are secured by the proceeds of the tax under this Section, then the county board may not reduce the tax rate or discontinue the tax if that rate reduction or discontinuance would adversely affect the school board's ability to pay the principal and interest on those bonds as they become due or necessitate the extension of additional property taxes to pay the principal and interest on those bonds. If the county board reduces the tax rate or discontinues the tax, then a referendum must be held in accordance with subsection (c) of this Section in order to increase the rate of the tax or to reimpose the discontinued tax. Until January 1, 2014, the results of any election that imposes, reduces, or discontinues a tax under this Section must be certified by the election authority, and any ordinance that increases or lowers the rate or discontinues the tax must be certified by the county clerk and, in each case, filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of January next following the filing. Beginning January 1, 2014, the results of any election that imposes, reduces, or discontinues a tax under this Section must be certified by the election authority, and any ordinance that increases or lowers the rate or discontinues the tax must be certified by the county clerk and, in each case, filed with the Illinois Department of Revenue either (i) on or before the first day of May, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax or change in the rate as of the first day of January next following the filing. (h) For purposes of this Section, "school facility purposes" means (i) the acquisition, development, construction, reconstruction, rehabilitation, improvement, financing, architectural planning, and installation of capital facilities consisting of buildings, structures, and durable equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection with the capital facilities and (ii) the payment of bonds or other obligations heretofore or hereafter issued, including bonds or other obligations heretofore or hereafter issued to refund or to continue to refund bonds or other obligations issued, for school facility purposes, provided that the taxes levied to pay those bonds are abated by the amount of the taxes imposed under this Section that are used to pay those bonds. "School facility purposes" also includes fire prevention, safety, energy conservation, accessibility, school security, and specified repair purposes set forth under Section 17-2.11 of the School Code. (h-5) A county board in a county where a tax has been imposed under this Section pursuant to a referendum held on or after August 23, 2011 (the effective date of Public Act 97-542) and before August 23, 2019 (the effective date of Public Act 101-455) may, by ordinance or resolution, submit to the voters of the county the question of reducing or discontinuing the tax. In the ordinance or resolution, the county board shall certify the question to the proper election authority in accordance with the Election Code. The election authority must submit the question in substantially the following form: Shall the school facility retailers' occupation tax | ||
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If a majority of the electors voting on the question vote in the affirmative, then, subject to the provisions of subsection (g) of this Section, the tax shall be reduced or discontinued as set forth in the question. (h-10) A county board in a county where a tax has been imposed under this Section pursuant to a referendum held on or after August 23, 2019 (the effective date of Public Act 101-455) may, by ordinance or resolution, submit to the voters of the county the question of reducing or discontinuing the tax. In the ordinance or resolution, the county board shall certify the question to the proper election authority in accordance with the Election Code. The election authority must submit the question in substantially the following form: Shall the school facility and resources retailers' | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, then, subject to the provisions of subsection (g) of this Section, the tax shall be reduced or discontinued as set forth in the question. (i) This Section does not apply to Cook County. (j) This Section may be cited as the County School Facility and Resources Occupation Tax Law. (Source: P.A. 102-700, eff. 4-19-22; 102-1062, eff. 7-1-22; 103-154, eff. 6-30-23; 103-592, eff. 1-1-25.) |
(55 ILCS 5/5-1006.8) Sec. 5-1006.8. County Cannabis Retailers' Occupation Tax Law. (a) This Section may be referred to as the County Cannabis Retailers' Occupation Tax Law. The corporate authorities of any county may, by ordinance, impose a tax upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Program Act, at retail in the county on the gross receipts from these sales made in the course of that business. If imposed, the tax shall be imposed only in 0.25% increments. The tax rate may not exceed: (i) 3.75% of the gross receipts of sales made in unincorporated areas of the county; and (ii) 3% of the gross receipts of sales made in a municipality located in the county. The tax imposed under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. The Department of Revenue shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this Section. In the administration of and compliance with this Section, the Department of Revenue and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are described in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2a, 2b, 2c, 2i, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6bb, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as fully as if those provisions were set forth in this Section. (b) Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect. (c) Whenever the Department of Revenue determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department of Revenue shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department of Revenue. (d) The Department of Revenue shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Local Cannabis Retailers' Occupation Tax Trust Fund. (e) On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the Comptroller the amount of money to be disbursed from the Local Cannabis Retailers' Occupation Tax Trust Fund to counties from which retailers have paid taxes or penalties under this Section during the second preceding calendar month. The amount to be paid to each county shall be the amount (not including credit memoranda) collected under this Section from sales made in the county during the second preceding calendar month, plus an amount the Department of Revenue determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such county, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt by the Comptroller of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification. (f) An ordinance or resolution imposing or discontinuing a tax under this Section or effecting a change in the rate thereof that is adopted on or after June 25, 2019 (the effective date of Public Act 101-27) and for which a certified copy is filed with the Department on or before April 1, 2020 shall be administered and enforced by the Department beginning on July 1, 2020. For ordinances filed with the Department after April 1, 2020, an ordinance or resolution imposing or discontinuing a tax under this Section or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing.
(g) Notwithstanding any provision in this Section to the contrary, if an ordinance or resolution imposing a tax under this Section was adopted on or before October 1, 2020 and a certified copy thereof was filed with the Department of Revenue on or before November 1, 2020, then the Department shall proceed to administer and enforce this Section as of May 1, 2021 for such ordinances or resolutions. (Source: P.A. 101-27, eff. 6-25-19; 101-363, eff. 8-9-19; 101-593, eff. 12-4-19; 102-2, eff. 4-2-21.) |
(55 ILCS 5/5-1006.9) Sec. 5-1006.9. County Grocery Occupation Tax Law. (a) The corporate authorities of any county may, by ordinance or resolution that takes effect on or after January 1, 2026, impose a tax upon all persons engaged in the business of selling groceries at retail in the county, but outside of any municipality, on the gross receipts from those sales made in the course of that business. If imposed, the tax shall be at the rate of 1% of the gross receipts from these sales. The tax imposed by a county under this subsection and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit the retailer to engage in a business that is taxable under any ordinance or resolution enacted under this subsection without registering separately with the Department under that ordinance or resolution or under this subsection. The Department shall have full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner provided in this Section and under rules adopted by the Department; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12 and 13 of the Retailers' Occupation Tax Act and all of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. (b) If a tax has been imposed under subsection (a), then a service occupation tax must also be imposed at the same rate upon all persons engaged, in the county but outside of a municipality, in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries, as defined in this Section, as an incident to a sale of service. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department. The certificate of registration that is issued by the Department to a retailer under the Retailers' Occupation Tax Act or the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under the ordinance or resolution or under this subsection. The Department shall have full power to administer and enforce this subsection, to collect all taxes and penalties due under this subsection, to dispose of taxes and penalties so collected in the manner provided in this Section and under rules adopted by the Department, and to determine all rights to credit memoranda arising on account of the erroneous payment of a tax or penalty under this subsection. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure as are set forth in Sections 2, 2c, 3 through 3-50 (in respect to all provisions contained in those Sections other than the State rate of tax), 4, 5, 7, 8, 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12, 13, 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and all provisions of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, pursuant to any bracketed schedules set forth by the Department. (c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section. Those taxes and penalties shall be deposited into the County Grocery Tax Trust Fund, a trust fund created in the State treasury. Except as otherwise provided in this Section, moneys in the County Grocery Tax Trust Fund shall be used to make payments to counties and for the payment of refunds under this Section. Moneys deposited into the County Grocery Tax Trust Fund under this Section are not subject to appropriation and shall be used as provided in this Section. All deposits into the County Grocery Tax Trust Fund shall be held in the County Grocery Tax Trust Fund by the State Treasurer, ex officio, as trustee separate and apart from all public moneys or funds of this State. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the County Grocery Tax Trust Fund. (d) As soon as possible after the first day of each month, upon certification of the Department, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, if any, as defined in the Innovation Development and Economy Act, collected under this Section. After the monthly transfer to the STAR Bonds Revenue Fund, if any, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which retailers have paid taxes or penalties under this Section to the Department during the second preceding calendar month. The amount to be paid to each county shall be the amount (not including credit memoranda) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such county, and not including any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county, and not including any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the counties provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the amounts in accordance with the directions contained in the certification. (e) Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. (f) Except as otherwise provided in this subsection, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing, or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. (g) When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease the amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a misallocation is discovered. (h) As used in this Section, "Department" means the Department of Revenue. For purposes of the tax authorized to be imposed under subsection (a), "groceries" has the same meaning as "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption)", as further defined in Section 2-10 of the Retailers' Occupation Tax Act. For purposes of the tax authorized to be imposed under subsection (b), "groceries" has the same meaning as "food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, food consisting of or infused with adult use cannabis, soft drinks, candy, and food that has been prepared for immediate consumption)", as further defined in Section 3-10 of the Service Occupation Tax Act. For purposes of the tax authorized to be imposed under subsection (b), "groceries" also means food prepared for immediate consumption and transferred incident to a sale of service subject to the Service Occupation Tax Act or the Service Use Tax Act by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or an entity that holds a permit issued pursuant to the Life Care Facilities Act. (i) This Section may be referred to as the County Grocery Occupation Tax Law.
(Source: P.A. 103-781, eff. 8-5-24.) |
(55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)
(Text of Section before amendment by P.A. 103-592)
Sec. 5-1007. Home Rule County Service Occupation Tax Law. The corporate
authorities of a home rule county may impose a tax upon all persons
engaged, in such county, in the business of making sales of service at the
same rate of tax imposed pursuant to Section 5-1006 of the selling price of
all tangible personal property transferred by such servicemen either in the
form of tangible personal property or in the form of real estate as an
incident to a sale of service. If imposed, such tax shall only be imposed
in 1/4% increments. On and after September 1, 1991, this additional tax may
not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
The tax imposed by a home rule county pursuant to this Section and all
civil penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The certificate
of registration which is issued by the Department to a retailer under the
Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall
permit such registrant to engage in a business which is taxable under any
ordinance or resolution enacted pursuant to this Section without
registering separately with the Department under such ordinance or
resolution or under this Section. The Department shall have full power
to administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of, and compliance with, this
Section the Department and persons who are subject to this Section
shall have the same rights, remedies, privileges, immunities, powers and
duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same
modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through
3-50 (in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the taxing
county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a
debt to the extent indicated in that Section 8 shall be the taxing county),
9 (except as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this county tax may not be
taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the taxing county), the first paragraph
of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax
Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if
those provisions were set forth herein.
No tax may be imposed by a home rule county pursuant to this Section
unless such county also imposes a tax at the same rate pursuant to Section
5-1006.
Persons subject to any tax imposed pursuant to the authority granted
in this Section may reimburse themselves for their serviceman's tax
liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount,
with State tax which servicemen are authorized to collect under the
Service Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified, and to the person named,
in such notification from the Department. Such refund shall be paid by
the State Treasurer out of the home rule county retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate.
Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule County Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on
or before the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the disbursement of stated sums
of money to named counties, the counties to be those from
which suppliers and servicemen have paid taxes or penalties hereunder to
the Department during the second preceding calendar month. The amount
to be paid to each county shall be the amount (not including credit
memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar
month by the Department, and not including an amount equal to the amount
of refunds made during the second preceding calendar month by the
Department on behalf of such county, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for
in this Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the respective amounts
in accordance with the directions contained in such certification.
In addition to the disbursement required by the preceding paragraph, an
allocation shall be made in each year to each county which received more
than $500,000 in disbursements under the preceding paragraph in the
preceding calendar year. The allocation shall be in an amount equal to the
average monthly distribution made to each such county under the preceding
paragraph during the preceding calendar year (excluding the 2 months of
highest receipts). The distribution made in March of each year
subsequent to the year in which an allocation was made pursuant to this
paragraph and the preceding paragraph shall be reduced by the
amount allocated and disbursed under this paragraph in the preceding
calendar year. The Department shall prepare and certify to the Comptroller
for disbursement the allocations made in accordance with this paragraph.
Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any
business which under the Constitution of the United States may not be
made the subject of taxation by this State.
An ordinance or resolution imposing or discontinuing a tax hereunder or
effecting a change in the rate thereof shall be adopted and a certified
copy thereof filed with the Department on or before the first day of June,
whereupon the Department shall proceed to administer and enforce this
Section as of the first day of September next following such adoption and
filing. Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder or effecting a change in the rate
thereof shall be adopted and a certified copy thereof filed with the
Department on or before the first day of July, whereupon the Department
shall proceed to administer and enforce this Section as of the first day of
October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof
shall be adopted and a certified copy thereof filed with the Department on
or before the first day of October, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of January next
following such adoption and filing.
Beginning April 1, 1998, an ordinance or
resolution imposing or
discontinuing the tax hereunder or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with the Department on
or
before the first day of April, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of July next following
the adoption and filing; or (ii) be adopted and a certified copy thereof filed
with the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of the first
day of January next following the adoption and filing.
This Section shall be known and may be cited as the Home Rule County
Service Occupation Tax Law.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19; 102-700, eff. 4-19-22.)
(Text of Section after amendment by P.A. 103-592) Sec. 5-1007. Home Rule County Service Occupation Tax Law. The corporate authorities of a home rule county may impose a tax upon all persons engaged, in such county, in the business of making sales of service at the same rate of tax imposed pursuant to Section 5-1006 of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. If imposed, such tax shall only be imposed in 1/4% increments. On and after September 1, 1991, this additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act (or at the 0% rate imposed under this amendatory Act of the 102nd General Assembly). Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The changes made to this Section by this amendatory Act of the 101st General Assembly are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. The tax imposed by a home rule county pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with, this Section the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the taxing county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the taxing county), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this county tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the taxing county), the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. No tax may be imposed by a home rule county pursuant to this Section unless such county also imposes a tax at the same rate pursuant to Section 5-1006. If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman's tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the home rule county retailers' occupation tax fund or the Local Government Aviation Trust Fund, as appropriate. Except as otherwise provided in this paragraph, the Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder for deposit into the Home Rule County Retailers' Occupation Tax Fund. Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. As soon as possible after the first day of each month, beginning January 1, 2011, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district. After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties, the counties to be those from which suppliers and servicemen have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each county shall be the amount (not including credit memoranda and not including taxes and penalties collected on aviation fuel sold on or after December 1, 2019) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such county, and not including any amounts that are transferred to the STAR Bonds Revenue Fund, less 1.5% of the remainder, which the Department shall transfer into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this Section. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the counties and the Tax Compliance and Administration Fund provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in each year to each county which received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year. The allocation shall be in an amount equal to the average monthly distribution made to each such county under the preceding paragraph during the preceding calendar year (excluding the 2 months of highest receipts). The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing or discontinuing a tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of June, whereupon the Department shall proceed to administer and enforce this Section as of the first day of September next following such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. Beginning April 1, 1998, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. This Section shall be known and may be cited as the Home Rule County Service Occupation Tax Law.(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25.) |
(55 ILCS 5/5-1008) (from Ch. 34, par. 5-1008)
Sec. 5-1008.
Home Rule County Use Tax.
The corporate authorities of a
home rule county may impose a tax upon the privilege of using, in such
county, any item of tangible personal property which is purchased at retail
from a retailer, and which is titled or registered to a purchaser residing
within the corporate limits of such home rule county with an agency of this
State's government, at a rate which is an increment of 1/4% and based on
the selling price of such tangible personal property, as "selling price" is
defined in the "Use Tax Act", approved July 14, 1955, as amended. Such tax
shall be collected from persons whose Illinois address for titling or
registration purposes is given as being in such county. Such tax shall be
collected by the county imposing such tax.
This Section shall be known and may be cited as the "Home Rule
County Use Tax Law".
(Source: P.A. 91-51, eff. 6-30-99.)
|
(55 ILCS 5/5-1008.5)
(Text of Section before amendment by P.A. 103-592)
Sec. 5-1008.5. Use and occupation taxes.
(a) The Rock Island County Board may adopt a resolution that authorizes a
referendum on
the
question of whether the county shall be authorized to impose a retailers'
occupation tax, a service occupation tax, and a use tax
at a rate of 1/4 of 1% on behalf of the economic
development
activities of Rock Island County and communities located within the county. The
county board shall certify the question
to the proper election authorities who shall submit the question to the voters
of the county at the next regularly scheduled election in accordance
with the general election law. The question shall
be in substantially the following form:
Shall Rock Island County be authorized to impose a | ||
| ||
Votes shall be recorded as "yes" or "no". If a majority of all votes cast on
the proposition are in favor of the proposition, the county is authorized to
impose the tax.
(b) The county shall impose the retailers'
occupation tax upon all persons engaged in the business of selling tangible
personal property at retail in the county, at the
rate approved by referendum, on the
gross receipts from the sales made in the course of those businesses within
the county. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act. Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this Section and all civil
penalties that may be assessed as an incident of the tax shall be collected
and enforced by the Department of Revenue. The Department has
full power to administer and enforce this Section; to collect all taxes
and penalties so collected in the manner provided in this Section; and to
determine
all rights to credit memoranda arising on account of the erroneous payment
of tax or penalty under this Section. In the administration of, and compliance
with,
this Section, the Department and persons who are subject to this Section
shall (i) have the same rights, remedies, privileges, immunities, powers and
duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms, and (iii) employ
the same modes of procedure as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect
to all provisions
other than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3
(except as to
the
disposition of taxes and penalties collected and provisions related to
quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g,
5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of
the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty
and Interest Act, as fully as if those provisions were set forth in this
subsection.
Persons subject to any tax imposed under this subsection may reimburse
themselves for their seller's tax liability by separately stating
the tax as an additional charge, which charge may be stated in combination,
in a single amount, with State taxes that sellers are required to collect,
in accordance with bracket schedules prescribed by the
Department.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the tax fund referenced under
paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate.
If a tax is imposed under this subsection (b), a tax shall also be
imposed at the same rate under subsections (c) and (d) of this Section.
For the purpose of determining whether a tax authorized under this Section
is applicable, a retail sale, by a producer of coal or another mineral mined
in Illinois, is a sale at retail at the place where the coal or other mineral
mined in Illinois is extracted from the earth. This paragraph does not
apply to coal or another mineral when it is delivered or shipped by the seller
to the purchaser at a point outside Illinois so that the sale is exempt
under the federal Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize the county
to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may not be made
the subject of taxation by this State.
(c) If a tax has been imposed under subsection (b), a
service occupation tax shall
also be imposed at the same rate upon all persons engaged, in the county, in
the business
of making sales of service, who, as an incident to making those sales of
service, transfer tangible personal property within the county
as an incident to a sale of service.
This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act. Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county.
The tax imposed under this subsection and all civil penalties that may be
assessed as an incident of the tax shall be collected and enforced by the
Department of Revenue. The Department has
full power to
administer and enforce this paragraph; to collect all taxes and penalties
due under this Section; to dispose of taxes and penalties so collected in the
manner
provided in this Section; and to determine all rights to credit memoranda
arising on account of the erroneous payment of tax or penalty under this
Section.
In the administration of, and compliance with this paragraph, the
Department and persons who are subject to this paragraph shall (i) have the
same rights, remedies, privileges, immunities, powers, and duties, (ii) be
subject to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions, and definitions of terms, and (iii) employ the same
modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place of
business in this State shall mean the county), 2a, 2b, 3 through
3-55 (in respect to all provisions other than the State rate of
tax), 4 (except that the reference to the State shall be to the county),
5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the county), 9 (except as
to the disposition of taxes and penalties collected, and except that
the returned merchandise credit for this tax may not be taken against any
State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11, 12 (except the reference to Section 2b of the
Retailers' Occupation Tax Act), 13 (except that any reference to the State
shall mean the county), 15, 16,
17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those provisions were
set forth in this subsection.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax liability
by separately stating the tax as an additional charge, which
charge may be stated in combination, in a single amount, with State tax
that servicemen are authorized to collect under the Service Use Tax Act, in
accordance with bracket schedules prescribed by the Department.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State Treasurer out
of the tax fund referenced under
paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate.
Nothing in this paragraph shall be construed to authorize the county
to impose a tax upon the privilege of engaging in any business that under
the Constitution of the United States may not be made the subject of taxation
by the State.
(d) If a tax has been imposed under subsection (b), a
use tax shall
also be imposed at the same rate upon the privilege of using, in the
county, any item of
tangible personal property that is purchased outside the county at
retail from a retailer, and that is titled or registered at a location within
the county with an agency of
this State's government.
"Selling price" is
defined as in the Use Tax Act. The tax shall be collected from persons whose
Illinois address for titling or registration purposes is given as being in
the county. The tax shall be collected by the Department of Revenue
for
the county. The tax must be paid to the State,
or an exemption determination must be obtained from the Department of
Revenue, before the title or certificate of registration for the property
may be issued. The tax or proof of exemption may be transmitted to the
Department by way of the State agency with which, or the State officer with
whom, the tangible personal property must be titled or registered if the
Department and the State agency or State officer determine that this
procedure will expedite the processing of applications for title or
registration.
The Department has full power to administer and enforce this
paragraph; to collect all taxes, penalties, and interest due under this
Section; to
dispose of taxes, penalties, and interest so collected in the manner
provided in this Section; and to determine all rights to credit memoranda or
refunds arising on account of the erroneous payment of tax, penalty, or
interest under this Section. In the administration of, and compliance with,
this
subsection, the Department and persons who are subject to this paragraph
shall (i) have the same rights, remedies, privileges, immunities, powers,
and duties, (ii) be subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms,
and (iii) employ the same modes of procedure as are prescribed in Sections 2
(except the definition of "retailer maintaining a place of business in this
State"),
3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a,
4, 6, 7, 8 (except that the jurisdiction to which the tax shall be a debt to
the extent indicated in that Section 8 shall be the county), 9 (except
provisions relating to quarter
monthly payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19,
20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform Penalty
and Interest Act, that are not inconsistent with this
paragraph, as fully as if those provisions were set forth in this subsection.
Whenever the Department determines that a refund should be made under this
subsection to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order
to be drawn for the amount specified, and to the person named, in the
notification from the Department. The refund shall be paid by the State
Treasurer out of the tax fund referenced
under paragraph (g) of this Section.
(e) A certificate of registration issued by the State Department of
Revenue to a retailer under the Retailers' Occupation Tax Act or under the
Service Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under paragraphs (b), (c),
or (d) of this Section and no additional registration shall be required.
A certificate issued under the Use Tax Act or the Service Use Tax
Act shall be applicable with regard to any tax imposed under paragraph (c)
of this Section.
(f) The results of any election authorizing a proposition to impose a tax
under this Section or effecting a change in the rate of tax shall be certified
by the proper election authorities and filed with the Illinois Department on or
before the first day of October. In addition, an ordinance imposing,
discontinuing, or effecting a change in the rate of tax under this
Section shall be adopted and a certified copy of the ordinance filed with the
Department
on or before the first day of October. After proper receipt of the
certifications, the Department shall proceed to administer and enforce this
Section as of the first day of January next following the adoption and filing.
(g) Except as otherwise provided in paragraph (g-2), the Department of Revenue shall, upon collecting any taxes and penalties
as
provided in this Section, pay the taxes and penalties over to the State
Treasurer as
trustee for the county. The taxes and penalties shall be held in a trust
fund outside
the State Treasury. On or before the 25th day of each calendar month, the
Department of Revenue shall prepare and certify to the Comptroller of
the State of Illinois the amount to be paid to the county, which shall be
the balance in the fund, less any amount determined by the Department
to be necessary for the payment of refunds. Within 10 days after receipt by
the Comptroller of the certification of the amount to be paid to the
county, the Comptroller shall cause an order to be drawn for payment
for the amount in accordance with the directions contained in the
certification.
Amounts received from the tax imposed under this Section shall be used only for
the
economic development activities of the county and communities located within
the county.
(g-2) Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. (h) When certifying the amount of a monthly disbursement to the county
under this Section, the Department shall increase or decrease the amounts by an
amount necessary to offset any miscalculation of previous disbursements. The
offset amount shall be the amount erroneously disbursed within the previous 6
months from the time a miscalculation is discovered.
(i) This Section may be cited as the Rock Island County
Use and Occupation Tax Law.
(Source: P.A. 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-604, eff. 12-13-19.)
(Text of Section after amendment by P.A. 103-592) Sec. 5-1008.5. Use and occupation taxes. (a) The Rock Island County Board may adopt a resolution that authorizes a referendum on the question of whether the county shall be authorized to impose a retailers' occupation tax, a service occupation tax, and a use tax at a rate of 1/4 of 1% on behalf of the economic development activities of Rock Island County and communities located within the county. The county board shall certify the question to the proper election authorities who shall submit the question to the voters of the county at the next regularly scheduled election in accordance with the general election law. The question shall be in substantially the following form: Shall Rock Island County be authorized to impose a | ||
| ||
Votes shall be recorded as "yes" or "no". If a majority of all votes cast on the proposition are in favor of the proposition, the county is authorized to impose the tax. (b) The county shall impose the retailers' occupation tax upon all persons engaged in the business of selling tangible personal property at retail in the county, at the rate approved by referendum, on the gross receipts from the sales made in the course of those businesses within the county. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act. Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this Section and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner provided in this Section; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this Section. In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall (i) have the same rights, remedies, privileges, immunities, powers and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions other than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except as to the disposition of taxes and penalties collected and provisions related to quarter monthly payments, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this subsection. Persons subject to any tax imposed under this subsection may reimburse themselves for their seller's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State taxes that sellers are required to collect, in accordance with bracket schedules prescribed by the Department. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate. If a tax is imposed under this subsection (b), a tax shall also be imposed at the same rate under subsections (c) and (d) of this Section. For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale, by a producer of coal or another mineral mined in Illinois, is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the federal Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize the county to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (c) If a tax has been imposed under subsection (b), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the county, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the county as an incident to a sale of service. This additional tax may not be imposed on tangible personal property taxed at the 1% rate under the Service Occupation Tax Act. Beginning December 1, 2019, this tax is not imposed on sales of aviation fuel unless the tax revenue is expended for airport-related purposes. If the county does not have an airport-related purpose to which it dedicates aviation fuel tax revenue, then aviation fuel is excluded from the tax. The county must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. The tax imposed under this subsection and all civil penalties that may be assessed as an incident of the tax shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this paragraph; to collect all taxes and penalties due under this Section; to dispose of taxes and penalties so collected in the manner provided in this Section; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this Section. In the administration of, and compliance with this paragraph, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the county), 2a, 2b, 3 through 3-55 (in respect to all provisions other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 11, 12 (except the reference to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the county), 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this subsection. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with bracket schedules prescribed by the Department. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section or the Local Government Aviation Trust Fund, as appropriate. Nothing in this paragraph shall be construed to authorize the county to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State. (c-5) If, on January 1, 2025, a unit of local government has in effect a tax under this Section, or if, after January 1, 2025, a unit of local government imposes a tax under this Section, then that tax applies to leases of tangible personal property in effect, entered into, or renewed on or after that date in the same manner as the tax under this Section and in accordance with the changes made by this amendatory Act of the 103rd General Assembly. (d) If a tax has been imposed under subsection (b), a use tax shall also be imposed at the same rate upon the privilege of using, in the county, any item of tangible personal property that is purchased outside the county at retail from a retailer, and that is titled or registered at a location within the county with an agency of this State's government. "Selling price" is defined as in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the county. The tax shall be collected by the Department of Revenue for the county. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue, before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department has full power to administer and enforce this paragraph; to collect all taxes, penalties, and interest due under this Section; to dispose of taxes, penalties, and interest so collected in the manner provided in this Section; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest under this Section. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3, 3-5, 3-10, 3-45, 3-55, 3-65, 3-70, 3-85, 3a, 4, 6, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except provisions relating to quarter monthly payments), 10, 11, 12, 12a, 12b, 13, 14, 15, 19, 20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, that are not inconsistent with this paragraph, as fully as if those provisions were set forth in this subsection. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the tax fund referenced under paragraph (g) of this Section. (e) A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under paragraphs (b), (c), or (d) of this Section and no additional registration shall be required. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regard to any tax imposed under paragraph (c) of this Section. (f) The results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax shall be certified by the proper election authorities and filed with the Illinois Department on or before the first day of October. In addition, an ordinance imposing, discontinuing, or effecting a change in the rate of tax under this Section shall be adopted and a certified copy of the ordinance filed with the Department on or before the first day of October. After proper receipt of the certifications, the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing. (g) Except as otherwise provided in paragraph (g-2), the Department of Revenue shall, upon collecting any taxes and penalties as provided in this Section, pay the taxes and penalties over to the State Treasurer as trustee for the county. The taxes and penalties shall be held in a trust fund outside the State Treasury. On or before the 25th day of each calendar month, the Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois the amount to be paid to the county, which shall be the balance in the fund, less any amount determined by the Department to be necessary for the payment of refunds. Within 10 days after receipt by the Comptroller of the certification of the amount to be paid to the county, the Comptroller shall cause an order to be drawn for payment for the amount in accordance with the directions contained in the certification. Amounts received from the tax imposed under this Section shall be used only for the economic development activities of the county and communities located within the county. (g-2) Taxes and penalties collected on aviation fuel sold on or after December 1, 2019, shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Section for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the county. (h) When certifying the amount of a monthly disbursement to the county under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a miscalculation is discovered. (i) This Section may be cited as the Rock Island County Use and Occupation Tax Law.(Source: P.A. 103-592, eff. 1-1-25.) |
(55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009) Sec. 5-1009. Limitation on home rule powers. Except as provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9 5-1007, and 5-1008, on and after September 1, 1990, no home rule county has the authority to impose, pursuant to its home rule authority, a retailers' occupation tax, service occupation tax, use tax, sales tax or other tax on the use, sale or purchase of tangible personal property based on the gross receipts from such sales or the selling or purchase price of said tangible personal property. Notwithstanding the foregoing, this Section does not preempt any home rule imposed tax such as the following: (1) a tax on alcoholic beverages, whether based on gross receipts, volume sold or any other measurement; (2) a tax based on the number of units of cigarettes or tobacco products; (3) a tax, however measured, based on the use of a hotel or motel room or similar facility; (4) a tax, however measured, on the sale or transfer of real property; (5) a tax, however measured, on lease receipts; (6) a tax on food prepared for immediate consumption and on alcoholic beverages sold by a business which provides for on premise consumption of said food or alcoholic beverages; or (7) other taxes not based on the selling or purchase price or gross receipts from the use, sale or purchase of tangible personal property. This Section does not preempt a home rule county from imposing a tax, however measured, on the use, for consideration, of a parking lot, garage, or other parking facility. On and after December 1, 2019, no home rule county has the authority to impose, pursuant to its home rule authority, a tax, however measured, on sales of aviation fuel, as defined in Section 3 of the Retailers' Occupation Tax Act, unless the tax revenue is expended for airport-related purposes. For purposes of this Section, "airport-related purposes" has the meaning ascribed in Section 6z-20.2 of the State Finance Act. Aviation fuel shall be excluded from tax only for so long as the revenue use requirements of 49 U.S.C. 47017(b) and 49 U.S.C. 47133 are binding on the county. This Section is a limitation, pursuant to subsection (g) of Section 6 of Article VII of the Illinois Constitution, on the power of home rule units to tax. The changes made to this Section by Public Act 101-10 are a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 102-558, eff. 8-20-21; 103-781, eff. 8-5-24.) |
(55 ILCS 5/5-1010) (from Ch. 34, par. 5-1010)
Sec. 5-1010.
Time of fixing compensation of county officers.
The time of fixing the compensation of county officers, which
compensation is to be fixed by the county board, shall be at a
meeting of such board held before the regular election of the
officers whose compensation is to be fixed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1011) (from Ch. 34, par. 5-1011)
Sec. 5-1011.
Separation of funds.
Whenever a tax is levied for the
payment of a specific debt, the amount of such tax collected shall be kept
as a separate fund in the county treasury, and expended only in the
liquidation of such indebtedness: Provided, that any surplus remaining in
the treasury after full payment of such indebtedness, shall be transferred
to the common fund of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
Sec. 5-1012.
Issuance of county bonds.
When the county board of any
county deems it necessary to issue county bonds to enable them to perform
any of the duties imposed upon them by law, they may, by an order, entered
of record, specifying the amount of bonds required, and the object for
which they are to be issued, submit to the legal voters of their county, at
any election, the question of issuing such county bonds. The county board
shall certify the question to the proper election officials who shall
submit the question at an election in accordance with the general election
law. The amount of the bonds so issued shall not exceed, including the then
existing indebtedness of the county, 5.75% of the value of such
taxable
property of such county, as ascertained by the assessment for the State and
county tax for the preceding year or, until January 1, 1983, if greater,
the sum that is produced by multiplying the county's 1978 equalized
assessed valuation by the debt limitation percentage in effect on January
1, 1979. The proposition shall be in substantially the following form: "For
county bonds", or "Against county bonds", and if a majority of the votes on
that question shall be "For county bonds", such county board may issue such
bonds in such denominations as the county board may determine of not less
than $25 each, payable respectively, in not less than one, nor more than 20
years, with interest payable annually or semi-annually, at the rate of not
more than the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% per annum. This Section shall not require submission to the voters
of the county of bond issues authorized to be issued without such
submission to the voters under Section 5-1027 or 5-1062 or under Division 5-33,
6-6, 6-8 or 6-27 of this Code.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 or "An Act to
revise the law in relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/5-1013) (from Ch. 34, par. 5-1013)
Sec. 5-1013.
Neglect of duty.
If any member of the county board of
any county in this State shall wilfully neglect to perform any of the
duties which are or shall be required of him by law, as a member of the
county board, he shall, for every such offense, forfeit the sum of $200, to
be recovered in a civil action.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1014) (from Ch. 34, par. 5-1014)
Sec. 5-1014.
Powers generally.
The county board of each county has
the powers enumerated in the Sections following this Section and preceding
Section 5-1105, subject to conditions therein stated. Powers conferred on
counties are in addition to and not in limitation of their existing powers.
It is the policy of this State that all powers granted, either expressly
or by necessary implication, by this Code, other Illinois statute, or the
Illinois Constitution to non-home rule counties may be exercised by those
counties notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application of
federal antitrust statutes be fully available to counties to the extent
their activities are authorized by law as stated herein.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1014.3)
Sec. 5-1014.3. Agreements to share or rebate occupation taxes.
(a) On and after
June 1, 2004, a county board shall not enter into
any agreement to share or
rebate any portion of
retailers' occupation taxes generated by retail sales of tangible personal
property if: (1) the tax on those retail sales, absent the agreement,
would have been paid to another unit of local government; and (2) the retailer
maintains, within that other unit of local government, a retail
location from which the tangible personal property is delivered to purchasers,
or a warehouse from which the tangible personal property is delivered to
purchasers. Any unit of local government denied
retailers' occupation tax revenue because of an agreement that violates this
Section may file an action in circuit court against only the county.
Any agreement entered into prior to
June 1,
2004 is not affected by this amendatory Act of the 93rd General Assembly.
Any unit of local
government that prevails in the circuit court action is entitled to damages in
the amount of the tax revenue it was denied as a result of the agreement,
statutory interest, costs, reasonable attorney's fees, and an amount equal to
50% of the tax.
(b) On and after the effective date of this amendatory Act of the 93rd
General Assembly, a home rule unit shall not enter into any agreement
prohibited
by this Section. This Section is a denial and limitation of home rule powers
and
functions under subsection (g) of Section 6 of Article VII of the Illinois
Constitution.
(c) Any county that enters into an agreement to share or
rebate any portion of
retailers' occupation taxes generated by retail sales of tangible personal
property must complete and submit a report by electronic filing to the Department of Revenue within 30 days after the execution of the agreement. Any county that has entered into such an agreement before the effective date of this amendatory Act of the 97th General Assembly that has not been terminated or expired as of the effective date of this amendatory Act of the 97th General Assembly shall submit a report with respect to the agreements within 90 days after the effective date of this amendatory Act of the 97th General Assembly. Any agreement entered into after the effective date of this amendatory Act of the 98th General Assembly is not valid until the county entering into the agreement complies with the requirements set forth in this subsection. Any county that fails to comply with the requirements set forth in this subsection within 30 days after the execution of the agreement shall be responsible for paying to the Department of Revenue a delinquency penalty of $20 per day for each day the county fails to submit a report by electronic filing to the Department of Revenue. A county that has previously failed to report an agreement in effect on the effective date of this subsection will begin to accrue a delinquency penalty for each day the agreement remains unreported beginning on the effective date of this subsection. The Department of Revenue may adopt rules to implement and administer these penalties. (d) The report described in this Section shall be made on a form to be supplied by the Department of Revenue and shall contain the following: (1) the names of the county and the business entering | ||
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(2) the location or locations of the business within | ||
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(3) a statement, to be answered in the affirmative or | ||
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(4) the terms of the agreement, including (i) the | ||
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(5) a copy of the agreement to share or rebate any | ||
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An updated report must be filed by the county within 30 days after the execution of any amendment made to an agreement. Reports filed with the Department pursuant to this Section shall not constitute tax returns. (e) The Department and the county shall redact the sales figures, the amount of sales tax collected, and the amount of sales tax rebated prior to disclosure of information contained in a report required by this Section or the Freedom of Information Act. The information redacted shall be exempt from the provisions of the Freedom of Information Act. (f) All reports, except the copy of the agreement, required to be filed with the Department of Revenue pursuant to this Section shall be posted on the Department's website within 6 months after the effective date of this amendatory Act of the 97th General Assembly. The website shall be updated on a monthly basis to include newly received reports. (Source: P.A. 97-976, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1098, eff. 8-26-14.) |
(55 ILCS 5/5-1014.5)
Sec. 5-1014.5.
County board chairman; veto; procedure.
In counties with a
population between 700,000 and 3,000,000, (i) each county appropriation
ordinance that is passed that includes appropriations for the county or
multiple-county health department and (ii) each appropriation ordinance that
is passed by a Metropolitan Airport Authority located within the county shall
be presented immediately to the county board chairman. If the county
board chairman approves the ordinance, he or she shall sign it and it shall
become law. The county board chairman may reduce or veto any item of
appropriations for the county or multiple-county health department or for a
Metropolitan Airport Authority in the ordinance and shall return the item
vetoed or reduced with his or her objections to the county board. A copy of the
veto shall also be delivered to the body for which the appropriation is
intended. Portions of an ordinance not reduced or vetoed shall become law. Any
ordinance not so returned by the county board chairman within 30 calendar days
after it is presented to him or her shall become law. If, within 30 calendar
days after the veto has
been delivered to the county board and the body for which the
appropriation is intended, the county board restores an item that has been
reduced or overrides the veto of an item by a record
vote of three-fifths of the members elected, the item shall become law.
If a reduced item is not so restored, it shall become law in the reduced
amount.
(Source: P.A. 89-402, eff. 8-20-95.)
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(55 ILCS 5/5-1015) (from Ch. 34, par. 5-1015)
Sec. 5-1015.
Care and custody of property.
A county board may take
and have the care and custody of all the real and personal estate owned
by the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1016) (from Ch. 34, par. 5-1016)
Sec. 5-1016.
Management of county funds and business.
A county board
may manage the county funds and county business, except as otherwise
specifically provided. A county board may invest any trust fund,
subject to its control and not otherwise restricted by law, in bonds or
other interest bearing obligations of the United States maturing or subject
to redemption at such time as shall not adversely affect the proper
administration of the trust. Interest from any such investment shall accrue
to the fund and shall, except to the extent otherwise provided by law or
court order, become the property of the county upon disbursement of the fund.
(Source: P.A. 86-962; 86-1028; 87-895.)
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(55 ILCS 5/5-1017) (from Ch. 34, par. 5-1017)
Sec. 5-1017.
Coordinator of Federal and State Aid.
A county board may
create an office of Coordinator of Federal and State Aid reporting to the
county board and assisting the board with development programs for which
State or federal funds are or may be available and in the application for
such funds. Any board choosing to establish such an office may provide for
the compensation and expenses of the person appointed as coordinator and
such additional office staff as the board finds necessary.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1018) (from Ch. 34, par. 5-1018)
Sec. 5-1018.
Reimbursement for expenses; employment of personnel.
A county board may reimburse the chairman and other members of the county
board for travel and other expenses necessarily incurred while in the
conduct of the business of the county.
A county board may employ, appoint or contract for the
services of such clerical, stenographic and professional personnel for the
members of the county board, the committees of the board and the chairman
of the board as the board finds necessary or desirable to the conduct of
the business of the county, and may fix the compensation of and
pay for the services of such personnel.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1018.5) Sec. 5-1018.5. Compliance with ITAP requirements. A county must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A county may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 97-744, eff. 1-1-13.) |
(55 ILCS 5/5-1019) (from Ch. 34, par. 5-1019)
Sec. 5-1019.
Examination and settlement of accounts.
A county
board may examine and settle all accounts against the county,
and all accounts concerning the receipts and expenditures of the county,
to issue purchase orders and make payments thereon upon compliance with
the terms of such purchase orders, and to establish procedures therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1020) (from Ch. 34, par. 5-1020)
Sec. 5-1020.
Trust agreements for funds retained pending construction
completion. Whenever any county has entered into a contract for the
repair, remodeling, renovation or construction of a building or structure
or the construction or maintenance of a road or highway (including any
contract to which Section 5-409 of the Illinois Highway Code is applicable)
or of a local improvement as defined in Division 5-32, as amended, which
provides for retention of a percentage of the contract price until final
completion and acceptance of the work, upon the request of the contractor
and with the approval of the county, the amount so retained may be
deposited under a trust agreement with an Illinois bank or savings and loan
association of the contractor's choice and subject to the approval of the
county. The contractor shall receive any interest thereon.
Upon application by the contractor, the trust agreement must contain, as a
minimum, the following provisions:
a. The amount to be deposited subject to the trust;
b. The terms and conditions of payment in case of default of the
contractor;
c. The termination of the trust agreement upon completion of the
contract; and
d. The contractor shall be responsible for obtaining the written
consent of the bank trustee, and any costs or service fees shall be
borne by the contractor.
The trust agreement may, at the discretion of the county and
upon request of the contractor, become operative at the time of the
first partial payment in accordance with existing statutes, ordinances and
county procedures.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as
now or hereafter amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1021) (from Ch. 34, par. 5-1021)
Sec. 5-1021.
Prompt payment.
Purchases made pursuant to this
Code shall be made in compliance with the "Local Government Prompt
Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1022) (Text of Section before amendment by P.A. 103-865) Sec. 5-1022. Competitive bids. (a) Any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $30,000, other than professional services, shall be contracted for in one of the following ways: (1) by a contract let to the lowest responsible | ||
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(2) by a contract let without advertising for bids in | ||
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(3) by a contract let without advertising for bids in | ||
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(b) In determining the lowest responsible bidder, the county board shall take into consideration the qualities of the articles supplied; their conformity with the specifications; their suitability to the requirements of the county; the availability of support services; the uniqueness of the service, materials, equipment, or supplies as it applies to networked, integrated computer systems; the compatibility to existing equipment; and the delivery terms. In addition, the county board may take into consideration the bidder's active participation in an applicable apprenticeship program registered with the United States Department of Labor. The county board also may take into consideration whether a bidder is a private enterprise or a State-controlled enterprise and, notwithstanding any other provision of this Section or a lower bid by a State-controlled enterprise, may let a contract to the lowest responsible bidder that is a private enterprise. (c) This Section does not apply to contracts by a county with the federal government or to purchases of used equipment, purchases at auction or similar transactions which by their very nature are not suitable to competitive bids, pursuant to an ordinance adopted by the county board. (d) Notwithstanding the provisions of this Section, a county may let without advertising for bids in the case of purchases and contracts, when individual orders do not exceed $35,000, for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services. (e) A county may require, as a condition of any contract for goods and services, that persons awarded a contract with the county and all affiliates of the person collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act regardless of whether the person or affiliate is a "retailer maintaining a place of business within this State" as defined in Section 2 of the Use Tax Act. For purposes of this subsection (e), the term "affiliate" means any entity that (1) directly, indirectly, or constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity. For purposes of this subsection (e), an entity controls another entity if it owns, directly or individually, more than 10% of the voting securities of that entity. As used in this subsection (e), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote. A general partnership interest is a voting security. (f) Bids submitted to, and contracts executed by, the county may require a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this Section and that the bidder or contractor acknowledges that the county may declare the contract void if the certification completed pursuant to this subsection (f) is false.(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-865) Sec. 5-1022. Competitive bids. (a) Any purchase by a county with fewer than 2,000,000 inhabitants, or an elected official in a county with fewer than 2,000,000 inhabitants, including an elected official with control of the internal operations of the office, of services, materials, equipment, or supplies in excess of $30,000, other than professional services, shall be contracted for in one of the following ways: (1) by a contract let to the lowest responsible | ||
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(2) by a contract let without advertising for bids in | ||
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(3) by a contract let without advertising for bids in | ||
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(b) In determining the lowest responsible bidder, the county board shall take into consideration the qualities of the articles supplied; their conformity with the specifications; their suitability to the requirements of the county; the availability of support services; the uniqueness of the service, materials, equipment, or supplies as it applies to networked, integrated computer systems; the compatibility to existing equipment; and the delivery terms. In addition, the county board may take into consideration the bidder's active participation in an applicable apprenticeship program registered with the United States Department of Labor. The county board also may take into consideration whether a bidder is a private enterprise or a State-controlled enterprise and, notwithstanding any other provision of this Section or a lower bid by a State-controlled enterprise, may let a contract to the lowest responsible bidder that is a private enterprise. (c) This Section does not apply to contracts by a county with the federal government or to purchases of used equipment, purchases at auction or similar transactions which by their very nature are not suitable to competitive bids, pursuant to an ordinance adopted by the county board. (d) Notwithstanding the provisions of this Section, a county may let without advertising for bids in the case of purchases and contracts, when individual orders do not exceed $35,000, for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services. (e) A county may require, as a condition of any contract for goods and services, that persons awarded a contract with the county and all affiliates of the person collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act regardless of whether the person or affiliate is a "retailer maintaining a place of business within this State" as defined in Section 2 of the Use Tax Act. For purposes of this subsection (e), the term "affiliate" means any entity that (1) directly, indirectly, or constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity. For purposes of this subsection (e), an entity controls another entity if it owns, directly or individually, more than 10% of the voting securities of that entity. As used in this subsection (e), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote. A general partnership interest is a voting security. (f) Bids submitted to, and contracts executed by, the county may require a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this Section and that the bidder or contractor acknowledges that the county may declare the contract void if the certification completed pursuant to this subsection (f) is false.(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25.) |
(55 ILCS 5/5-1023) (from Ch. 34, par. 5-1023)
Sec. 5-1023.
Workhouse.
A county board may: cause to be erected, or
otherwise provided, a suitable workhouse, in which persons convicted of
offenses punishable by imprisonment in the county jail may be confined and
employed; make rules and regulations for the management thereof; and
contract for the use of the city workhouse when the same can satisfactorily
be done.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
Sec. 5-1024. Taxes. A county board may cause to be levied and
collected annually, except as hereinafter provided, taxes for county
purposes, including all purposes for which money may be raised by the
county by taxation, in counties having 80,000 or more but less than
3,000,000 inhabitants at a rate not exceeding .25%, of the value as
equalized or assessed by the Department of Revenue; in counties with less
than 80,000 but more than 15,000 inhabitants at a rate not exceeding .27%,
of the value as equalized or assessed by the Department of Revenue; in
counties with less than 80,000 inhabitants which have authorized a tax by
referendum under Section 7-2 of the Juvenile Court Act prior to the
effective date of this amendatory Act of 1985, at a rate not exceeding
.32%, of the value as equalized or assessed by the Department of Revenue;
and in counties with 15,000 or fewer inhabitants at a rate not exceeding
.37%, of the value as equalized or assessed by the Department of Revenue;
and in counties having 3,000,000 or more inhabitants for each even numbered
year, subject to the abatement requirements hereinafter provided, at a rate
not exceeding .39% of the value, as equalized or assessed by the Department
of Revenue, and for each odd numbered year, subject to the abatement
requirements hereinafter provided, at a rate not exceeding .35% of the
value as equalized or assessed by the Department of Revenue, except taxes
for the payment of interest on and principal of bonded indebtedness
heretofore duly authorized for the
construction of State aid roads in the
county as defined in "An Act to revise the law in relation to roads and
bridges", approved June 27, 1913, or for the construction of
county highways as defined in the Illinois Highway Code, and except taxes
for the payment of
interest on and principal of bonded indebtedness duly authorized without a
vote of the people of the county, and except taxes authorized as additional
by a vote of the people of the county, and except taxes for working cash
fund purposes, and except taxes as authorized by Sections 5-601, 5-602,
5-603, 5-604 and 6-512 of the Illinois Highway Code, and except taxes
authorized under Section 7 of the Village
Library Act, and except
taxes levied to pay the annual rent payments due under a lease entered into
by the county with a Public Building Commission as authorized by Section 18
of the Public Building Commission Act, and except taxes levied under
Division 6-3, and
except taxes levied for general assistance for needy persons in counties
under commission form of government and except taxes levied under the
Community Care for Persons with Developmental Disabilities Act, and except taxes levied
under the Community Mental Health Act, and except taxes levied under
Section 5-1025 to pay the expenses of elections and except taxes levied
under "An Act to provide the manner of levying or
imposing taxes for the
provision of special services to areas within the boundaries of home rule
units and non-home rule municipalities and counties", approved September
21, 1973, and except taxes levied under Section 3a of the Revenue Act of
1939 for the purposes of helping to pay for the expenses of the assessor's
office, and except taxes levied under Division 5-21,
and except taxes
levied pursuant to Section 19 of "The Illinois Emergency
Services and Disaster Agency Act of 1975", as now or hereafter amended,
and except taxes levied pursuant to Division 5-23, and except taxes levied
under Section 5 of
the County
Shelter Care and Detention Home Act, and
except taxes levied under the Children's Advocacy Center Act, and except
taxes levied under Section 9-107 of the Local Governmental and Governmental
Employees Tort Immunity Act.
Those taxes a county has levied and excepted from the rate limitation
imposed by this Section or Section 25.05 of "An Act to revise the law in
relation to counties", approved March 31, 1874, in reliance on this amendatory
Act of 1994 are not invalid because of any provision of this Section
that may be construed to or may have been construed to restrict or limit those
taxes
levied and those taxes are hereby validated.
This validation of taxes levied applies to all cases pending on or after the
effective
date of this amendatory Act of 1994.
Nothing contained in this amendatory Act of 1994 shall be construed to
affect the application of the Property Tax Extension Limitation Law.
Any tax levied for general assistance for needy persons in any county in
addition to and in excess of the maximum levy permitted by this Section
for general county purposes shall be paid into a special fund in the
county treasury and used only for the purposes for which it is levied
except that any excess in such fund over the amount needed for general
assistance may be used for County Nursing Home purposes and shall not
exceed .10% of the value, as equalized or assessed by the Department of
Revenue. Any taxes levied for general assistance pursuant to this Section
may also be used for the payment of warrants issued against and in
anticipation of such taxes and accrued interest thereon and may also be
used for the payment of costs of administering such general assistance.
In counties having 3,000,000 or more inhabitants, taxes levied for
any year for any purpose or purposes, except amounts levied for the
payment of bonded indebtedness or interest thereon and for pension fund
purpose, and except taxes levied to pay the annual rent payments due
under a lease entered into by the county with a Public Building
Commission as authorized by Section 18 of the Public Building
Commission Act, are subject to the
limitation that they shall not exceed the estimated amount of taxes to
be levied for the year for the purpose or
purposes as determined in
accordance with Section 6-24001 and set forth in the annual
appropriation bill of the county and in ascertaining the rate per cent
that will produce the amount of any tax levied in any county, the
county clerk shall not add to the tax or rate any sum or amount to
cover the loss and cost of collecting the tax, except in the case of
amounts levied for the payment of bonded indebtedness or interest
thereon, and in the case of amounts levied for pension fund purposes,
and except taxes levied to pay the annual rent payments due under a
lease entered into by the county with a Public Building Commission as
authorized by Section 18 of the Public Building Commission Act.
In counties having a population of 3,000,000 or more inhabitants, the
county clerk shall in each even numbered year, before extending the
county tax for the year, reduce the levy for county purposes
for the
year (exclusive of levies for payment of indebtedness and payment of
interest on and principal of bonded indebtedness as aforesaid, and
exclusive of county highway taxes as aforesaid, and exclusive of pension
fund taxes, and except taxes levied to pay the annual rent payments due
under a lease entered into by the county with a Public Building
Commission as authorized by Section 18 of the Public Building
Commission Act) in the manner described
and in an amount to be determined as follows: If the amount received
from the collection of the tax levied in the last preceding even
numbered year for county purposes as aforesaid, as shown by the county
treasurer's final settlement for the last preceding even numbered year
and also by subsequent receipts of delinquent taxes for the county
purposes fund levied for the last preceding even numbered year, equals
or exceeds the amount produced by multiplying the rate extended for the
county purposes for the last preceding even numbered year by the total
assessed valuation of all property in the county used in the year for
purposes of state and county taxes, and by deducting therefrom the
amount appropriated to cover the loss and cost of collecting taxes to be
levied for the county purposes fund for the last preceding even
numbered year, the clerk in determining the rate per cent to be extended
for the county purposes fund shall deduct from the amount of the levy
certified to him for county purposes as aforesaid for even numbered
years the amount received by the county clerk or withheld by the county
treasurer from other municipal corporations within the county as their
pro rata share of election expenses for the last preceding even numbered
year, as authorized in Sections 13-11, 13-12, 13-13 and 16-2 of the
Election Code, and
the clerk in these counties shall extend only the net amount remaining
after such deductions.
The foregoing limitations upon tax rates, insofar as they are
applicable to counties having less than 3,000,000 inhabitants, may be
increased or decreased under the referendum provisions of the General
Revenue Law of Illinois and there shall be no limit on the rate of
tax for county purposes that may be levied by a county
so long as any increase in the rate is authorized by
referendum in that county.
Any county having a population of less than 3,000,000 inhabitants
that has determined to change its fiscal year may, as a means of
effectuating a change, instead of levying taxes for a one-year
period, levy taxes for a period greater or less than a year as may be
necessary.
In counties having less than 3,000,000 inhabitants, in ascertaining
the rate per cent that will produce the amount of any tax levied in that
county, the County Clerk shall not add to the tax or rate any sum
or amount to cover the loss and cost of collecting the tax except in the
case of amounts levied for the payment of bonded indebtedness or
interest thereon and in the case of amounts levied for pension fund
purposes and except taxes levied to pay the annual rent payments due
under a lease entered into by the county with a Public Building
Commission as authorized by Section 18 of the Public Building
Commission Act.
A county shall not have its maximum tax rate reduced as a result of a
population increase indicated by the 1980 federal census.
(Source: P.A. 100-1129, eff. 1-1-19.)
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(55 ILCS 5/5-1025) (from Ch. 34, par. 5-1025)
Sec. 5-1025.
Tax for expense of conducting elections and
maintaining system of permanent registration of voters. In counties
of more than 1,000,000 inhabitants, a county board may levy and collect, in
odd numbered years, a tax of not to exceed .05% of the value, as equalized
or assessed by the Department of Revenue, of all the taxable property in
the county, for the expense of conducting elections and maintaining a
system of permanent registration of voters. Such tax shall not be included
within any statutory limitation of rate or amount for other county
purposes, but shall be excluded therefrom and be in addition thereto and in
excess thereof; provided that this tax shall not be levied or collected on
property situated within the jurisdiction of any municipal board of
election commissioners.
Beginning with calendar year 1986 and annually thereafter, any county
with less than 1,000,000 inhabitants shall pay over to any municipal board
of election commissioners in the county, for the expense of conducting
elections and maintaining a system of permanent registration of voters, an
amount at least equal to the proceeds of the tax collected on property
situated within the jurisdiction of that board under this Section during
calendar year 1985; provided, however, such amount shall be increased or
decreased annually in proportion to any increase or decrease in the
equalized assessed valuation of such municipality. Such amount shall be
payable from the tax levied and collected under Section 5-1024.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1026) (from Ch. 34, par. 5-1026)
Sec. 5-1026.
Accumulation of surplus of general taxes for building
purposes; referendum. Within the rate limitations set out in Section
5-1024 and subject to the referendum provisions of this Section, a county
of less than 500,000 inhabitants may accumulate a surplus of general
corporate taxes for building purposes which when added to the total
indebtedness of the county does not exceed 5% of the equalized assessed
valuation of all taxable property in the county.
The county board of any county of less than 500,000 inhabitants, by
resolution, may provide for submission to the electors of a proposition to
accumulate a surplus from the tax levy for general corporate purposes for a
specified building project to be undertaken by the county when such
accumulation is sufficient to pay for the project. The board shall certify
the resolution and the proposition to the proper election officials who
shall submit the proposition at an election in accordance with the general
election law.
The proposition shall be in substantially the following form:
Shall the county of.... accumulate general YEScorporate funds for the purpose of building.... (here state building purpose)? NO
If a majority of the electors voting on the proposition vote in favor
of it, the county may use a portion of the funds levied for general
corporate purposes, within the tax rate and to the extent allowed by
Section 5-1024, for the purpose of accumulating funds for the
building project.
No funds accumulated pursuant to this Section shall be used for any
purpose other than the specified building purpose stated in the
proposition which was approved by a referendum, unless a proposition to
use such funds, or a specified dollar amount thereof, for such other
purpose is submitted to the electors of the county at a subsequent
referendum. Such referendum shall be governed by the same statutory
provisions as are provided for the submission of the proposition to
accumulate funds. The proposition shall be in substantially the following form:
Shall the funds (or $.... of thefunds) accumulated by.... county YESfor the purpose of building.... (here state original purpose) be used NOinstead for.... (here state proposed use)?
If a majority of the electors voting on the proposition vote in favor
of it, the county may use such accumulated funds, or the amount thereof
specified in the proposition, for the new purpose stated in the
proposition.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1027) (from Ch. 34, par. 5-1027)
Sec. 5-1027.
Bonds for purchase of voting machines.
A county board
may issue bonds, in such amounts as may be required for the purpose of
acquiring voting machines or electronic voting systems as required by the
general election law and may levy a direct annual tax upon all
taxable property in the county for the purpose of paying the principal of and
interest on such bonds. The resolution authorizing the issuance of such
bonds shall specify the total amount of bonds to be issued, the form and
denomination of the bonds, the date they are to bear, the place where they
are payable, the date or dates of maturity, which shall not be more than 10
years from the date of issuance, the rate of interest and the dates on
which interest is payable. Such resolution shall prescribe all the details
of the bonds and shall provide for the levy and collection of a direct
annual tax upon all taxable property in the county sufficient to pay the
principal of the bonds at maturity and the interest thereon as it falls
due. Such tax is not subject to any statutory limitations relative to taxes
that may be extended for county purposes.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1028) (from Ch. 34, par. 5-1028)
Sec. 5-1028. Tax for emergency ambulance service; referendum. In any county which is not a home rule county, a county board may levy and
collect, annually, a tax of not to exceed .25% of the value, as equalized
or assessed by the Department of Revenue, of all the taxable property in
the county not included within the territory of a fire protection
district which levies a tax for ambulance service, for the payment of expenses
not paid for from general funds which are incurred in providing emergency
ambulance service under the provisions of Section 5-1053. Such tax shall
not be included within any statutory limitation
of rate or amount for other county purposes, but shall be excluded
therefrom and be in addition thereto and in excess thereof.
This tax shall not be levied in any county until the question of its adoption
is submitted to the electors of the county not residing within the territory
of a fire protection district which levies a tax for ambulance service and
approved by a majority of those voting on the question. Upon the adoption
of a resolution by the county board providing for the submission of the
question of the adoption to the electors of the county the board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at an election in accordance with the
general election law. If a majority of the votes cast on the question is in
favor of the levy of such tax, it may thereafter be levied in such county
for each succeeding year.
Notwithstanding any other provision of this Section, the county board of a county that has more than 8,400 but less than 9,000 inhabitants, according to the 2010 federal decennial census, may also use funds collected under this Section to provide 9-1-1 service, but only if the question of using those funds for that purpose has been submitted to the electors of the county not residing within the territory
of the fire protection district that levies the tax for ambulance service and
if that question is approved by a majority of those electors voting on the question. Upon the adoption
of a resolution by the county board providing for the submission of that
question to those electors, the board shall
certify the resolution and the proposition to the proper election officials,
who shall submit the proposition at an election in accordance with the
Election Code. The election authority must submit the question in substantially the following form: May moneys collected by the countyto provide emergency ambulance service YESalso be used for the purpose of providing 9-1-1 service? NO The election authority must record the votes as "Yes" or "No". If a majority of the electors voting on the question vote in the affirmative, the county may thereafter use funds that it collects under this Section to provide 9-1-1 service or emergency ambulance service. (Source: P.A. 98-199, eff. 1-1-14.)
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(55 ILCS 5/5-1028.1) (from Ch. 34, par. 5-1028.1)
Sec. 5-1028.1.
Distribution of tax receipts balance.
Any unobligated
balance remaining in the County
Retailers' Occupation Tax Fund on December 31, 1989, which fund was
abolished by Public Act 85-1135, and all receipts of county tax as a result
of audits of liability periods prior to January 1, 1990, shall be paid into
the Local Government Tax Fund, for distribution in the manner provided by
Sections 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10 and 25.05-10a of
"An Act to revise the law in relation to counties", approved March 31,
1874, prior to the enactment of Public Act 85-1135. All receipts of
county tax as a result of an assessment not arising from an audit, for
liability periods prior to January 1, 1990, shall be paid into the Local
Government Tax Fund for distribution before July 1, 1990, in the manner
provided by Sections 25.05-2, 25.05-2a, 25-.05-3, 25.05-3a, 25.05-10 and
25.05-10a of
"An Act to revise the law in relation to counties", approved March 31,
1874, prior to the enactment of Public Act 85-1135, and
on and after July 1, 1990, 20% of such receipts shall be transferred into
the County and Mass Transit District Fund and 80% shall be transferred into
the Local Government Tax Fund, for distribution as provided in Sections
6z-17 and 6z-18 of "An Act in relation to State finance", approved June 10,
1919, as amended.
(Source: P.A. 86-1028.)
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(55 ILCS 5/5-1028.2) Sec. 5-1028.2. Emergency ambulance service. Notwithstanding any other provision of law, a county may, by ordinance, agree to provide emergency ambulance service to any portion of a fire protection district that the county is already providing emergency ambulance service through an intergovernmental agreement. The ordinance to provide emergency ambulance service under this Section must contain an affirmative obligation on the part of the county to provide emergency ambulance service to the fire protection district once the intergovernmental agreement in effect at the time of the ordinance expires. An ordinance adopted under this Section does not take effect until after the fire protection district adopts a resolution under Section 22.1 of the Fire Protection District Act to discontinue the emergency ambulance service and the intergovernmental agreement for emergency ambulance service between the county and the fire protection district has ended. Upon certification to the county clerk by both the county and the fire protection district that all criteria have been met under this Section and Section 22.1 of the Fire Protection District Act, the tax rate for emergency ambulance service for the area once serviced under the fire protection district for emergency ambulance service shall be the rate the county levies under Section 5-1028.
(Source: P.A. 103-987, eff. 8-9-24.) |
(55 ILCS 5/5-1029) (from Ch. 34, par. 5-1029)
Sec. 5-1029.
Stream clearing and brush removal.
A county board may
undertake stream clearing and brush removal on free flowing streams in the
county, with the consent of adjacent landowners holding title to the stream
bed or to land needed for access to the stream. "Brush removal" for this
purpose includes, but is not limited to, cutting of dead trees or brush on
stream banks and any open burning of such trees, brush or other natural
materials necessary to the cleanup of such a stream. With the approval of
the county engineer or superintendent of highways, equipment used by
the county highway department may be used in connection with such stream
cleanup.
(Source: P.A. 86-962; 87-217.)
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(55 ILCS 5/5-1030) (from Ch. 34, par. 5-1030) Sec. 5-1030. Hotel rooms, tax on gross rental receipts. (a) The corporate authorities of any county may by ordinance impose a tax upon all persons engaged in such county in the business of renting, leasing or letting rooms in a hotel which is not located within a city, village, or incorporated town that imposes a tax under Section 8-3-14 of the Illinois Municipal Code, as defined in "The Hotel Operators' Occupation Tax Act", at a rate not to exceed 5% of the gross rental receipts from such renting, leasing or letting, excluding, however, from gross rental receipts, the proceeds of such renting, leasing or letting to permanent residents of that hotel, and may provide for the administration and enforcement of the tax, and for the collection thereof from the persons subject to the tax, as the corporate authorities determine to be necessary or practicable for the effective administration of the tax. (b) With the consent of municipalities representing at least 67% of the population of Winnebago County, as determined by the 2010 federal decennial census and as expressed by resolution of the corporate authorities of those municipalities, the county board of Winnebago County may, by ordinance, impose a tax upon all persons engaged in the county in the business of renting, leasing, or letting rooms in a hotel that imposes a tax under Section 8-3-14 of the Illinois Municipal Code, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 2% of the gross rental receipts from renting, leasing, or letting, excluding, however, from gross rental receipts, the proceeds of the renting, leasing, or letting to permanent residents of that hotel, and may provide for the administration and enforcement of the tax, and for the collection thereof from the persons subject to the tax, as the county board determines to be necessary or practicable for the effective administration of the tax. The tax shall be instituted on a county-wide basis and shall be in addition to any tax imposed by this or any other provision of law. The revenue generated under this subsection shall be accounted for and segregated from all other funds of the county and shall be utilized solely for either: (1) encouraging, supporting, marketing, constructing, or operating, either directly by the county or through other taxing bodies within the county, sports, arts, or other entertainment or tourism facilities or programs for the purpose of promoting tourism, competitiveness, job growth, and for the general health and well-being of the citizens of the county; or (2) payment towards debt services on bonds issued for the purposes set forth in this subsection. (b-5) The county board of Sangamon County may, by ordinance, impose a tax upon all persons engaged in the county in the business of renting, leasing, or letting rooms in a hotel that imposes a tax under Section 8-3-14 of the Illinois Municipal Code, as defined in the Hotel Operators' Occupation Tax Act, at a rate not to exceed 3% of the gross rental receipts from renting, leasing, or letting, excluding, however, from gross rental receipts, the proceeds of the renting, leasing, or letting to permanent residents of that hotel, and may provide for the administration and enforcement of the tax, and for the collection thereof from the persons subject to the tax, as the county board determines to be necessary or practicable for the effective administration of the tax. The tax shall be instituted on a county-wide basis and shall be in addition to any tax imposed by this or any other provision of law. The revenue generated under this subsection shall be accounted for and segregated from all other funds of the county and shall be used solely for either: (1) encouraging, supporting, marketing, constructing, or operating, either directly by the county or through other taxing bodies within the county, sports, arts, or other entertainment or tourism facilities or programs for the purpose of promoting tourism, competitiveness, job growth, and for the general health and well-being of the citizens of the county; or (2) payment towards debt services on bonds issued for the purposes set forth in this subsection. (c) A Tourism Facility Board shall be established, comprised of a representative from the county and from each municipality that has approved the imposition of the tax under subsection (b) of this Section. (1) A Board member's vote is weighted based on the | ||
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(2) The Board must meet not less frequently than once | ||
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(3) The Board shall not be a separate unit of local | ||
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(d) Persons subject to any tax imposed pursuant to authority granted by this Section may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax imposed under "The Hotel Operators' Occupation Tax Act". Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing a tax hereunder or effecting a change in the rate thereof shall be effective on the first day of the calendar month next following its passage and required publication. The amounts collected by any county pursuant to this Section shall be expended to promote tourism; conventions; expositions; theatrical, sports and cultural activities within that county or otherwise to attract nonresident overnight visitors to the county. Any county may agree with any unit of local government, including any authority defined as a metropolitan exposition, auditorium and office building authority, fair and exposition authority, exposition and auditorium authority, or civic center authority created pursuant to provisions of Illinois law and the territory of which unit of local government or authority is co-extensive with or wholly within such county, to impose and collect for a period not to exceed 40 years, any portion or all of the tax authorized pursuant to this Section and to transmit such tax so collected to such unit of local government or authority. The amount so paid shall be expended by any such unit of local government or authority for the purposes for which such tax is authorized. Any such agreement must be authorized by resolution or ordinance, as the case may be, of such county and unit of local government or authority, and such agreement may provide for the irrevocable imposition and collection of said tax at such rate, or amount as limited by a given rate, as may be agreed upon for the full period of time set forth in such agreement; and such agreement may further provide for any other terms as deemed necessary or advisable by such county and such unit of local government or authority. Any such agreement shall be binding and enforceable by either party to such agreement. Such agreement entered into pursuant to this Section shall not in any event constitute an indebtedness of such county subject to any limitation imposed by statute or otherwise.(Source: P.A. 103-781, eff. 8-5-24.) |
(55 ILCS 5/5-1031) (from Ch. 34, par. 5-1031)
Sec. 5-1031. County real estate transfer tax. (a) The county board of a
county may impose a tax upon the privilege of transferring title to real
estate, as represented by the deed that is filed for recordation, and upon
the privilege of transferring a beneficial interest in a land trust holding
legal title to real estate located in such county as represented by the
trust document that is filed for recordation, at the rate of 25 cents for
each $500 of value or fraction thereof stated in the declaration required
by Section 31-25 of the Property Tax Code. If, however, the real
estate is transferred subject to a mortgage, the amount of the mortgage
remaining outstanding at the time of transfer shall not be included in the
basis of computing the tax.
A tax imposed pursuant to this Section shall be collected by the recorder
or registrar of titles of the county prior to recording the
deed or trust document or registering the title subject to the tax.
All deeds or trust documents exempted in Section 31-45 of the Property Tax
Code shall also be exempt from any tax imposed pursuant to
this Section. A tax imposed pursuant to this Section shall be in addition
to all other occupation and privilege taxes imposed by the State of
Illinois or any municipal corporation or political subdivision thereof. (b) The county board may impose a tax at the same rate on the transfer of a beneficial interest, as defined in Section 31-5 of the Property Tax Code. If, however, the transferring document states that the real estate or beneficial interest is transferred subject to a mortgage, then the amount of the mortgage remaining outstanding at the time of transfer shall not be included in the basis of computing the tax. The tax must be paid at the time of recordation or, if a document is not recorded, at the time of presentation of the transfer declaration to the recorder, as provided in Section 31-25 of the Property Tax Code. All deeds or documents relating to the transfer of a beneficial interest exempted in Sections 31-45 or 31-46 of the Property Tax Code are also exempt from any tax imposed under this Section. A tax imposed under this Section is in addition to all other occupation and privilege taxes imposed by the State of Illinois or any municipal corporation or political subdivision thereof. (c) Beginning June 1, 2005, a tax imposed under this Section is due if the transfer is made by one or more related transactions or involves one or more persons or entities, regardless of whether a document is recorded.
(Source: P.A. 93-1099, eff. 6-1-05.)
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(55 ILCS 5/5-1031.1)
Sec. 5-1031.1. Home rule real estate transfer taxes.
(a) After the effective date of this amendatory Act of the 93rd General
Assembly and subject
to this Section, a home rule county may impose or increase a tax or other fee
on the privilege of transferring title to real estate, on the privilege of transferring a
beneficial interest in real property,
and
on the privilege of transferring a controlling interest in a real estate
entity, as the terms "beneficial interest", "controlling interest", and "real
estate entity" are
defined in Article 31 of the
Property Tax Code. Such
a tax or
other fee shall hereafter be referred to as a
real estate transfer tax.
(b) Before adopting a resolution to submit the question of imposing or
increasing a real estate transfer tax to referendum, the corporate authorities
shall give public notice of and hold a public hearing on the intent to submit
the question to referendum. This hearing may be part of a regularly scheduled
meeting of the corporate authorities. The
notice shall be published not more than 30 nor less than 10 days prior to the
hearing in a newspaper of general circulation within the county. The notice
shall be published in the following form:
Notice of Proposed (Increased) Real Estate Transfer | ||
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A public hearing on a resolution to submit to | ||
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Any person desiring to appear at the public hearing | ||
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(c) A notice that includes any information not specified and required by
this Section is an invalid notice. All hearings shall be open to the public.
At the public hearing, the corporate authorities of the county shall explain
the reasons for the proposed or increased real estate transfer tax and shall
permit persons desiring to be heard an opportunity to present testimony within
reasonable time limits determined by the corporate authorities. A copy of the
proposed ordinance shall be made available to the general public for inspection
before the public hearing.
(d) No home rule county shall impose a new real estate transfer tax after
the effective date of this amendatory Act of 1996 without prior approval by
referendum. No home rule county
shall impose an increase of the rate of a current real estate transfer tax
without prior approval by referendum. A home rule county may impose a new real
estate transfer tax or may increase an existing real estate transfer tax
with prior referendum approval. The referendum shall be conducted as provided
in subsection (e).
An existing ordinance or resolution imposing a real estate transfer tax may
be amended without approval by referendum if the amendment does not increase
the rate of the tax or add transactions on which the tax is imposed.
(e) The home rule county shall, by resolution, provide for submission
of the proposition to the voters. The home rule county shall certify
the resolution and the proposition to the proper election officials in
accordance with the general election law. If the proposition is to impose
a new real estate transfer tax, it shall be in substantially the following
form: "Shall (name of county) impose a real estate transfer tax at a rate of
(rate) to be paid by the buyer (seller) of the real estate transferred, with
the revenue of the proposed transfer tax to be used for (purpose)?". If the
proposition is to increase an existing real estate transfer tax, it shall
be in the following form: "Shall (name of county) impose a real estate
transfer tax increase of (percent increase) to establish a new real estate
transfer tax rate of (rate) to be paid by the buyer (seller) of the real
estate transferred? The current rate of the real estate transfer tax is
(rate), and the revenue is used for (purpose). The revenue from the increase
is to be used for (purpose).".
If a majority of the electors voting on the proposition vote in favor of
it, the county may impose or increase the real estate transfer tax.
(f) Nothing in this amendatory Act of 1996 shall limit the purposes for
which real estate transfer tax revenues may be collected or expended.
(g) A home rule county may not impose real estate
transfer taxes other than as authorized by this Section. This Section is a
denial and limitation of home rule powers and functions under subsection (g)
of Section 6 of Article VII of the Illinois Constitution.
(h) Notwithstanding subsection (g) of this Section, any real estate
transfer taxes
adopted by a county at any time prior to January 17, 1997 (the effective date
of Public Act 89-701)
and any amendments to any existing real estate transfer tax ordinance adopted
after that date, in accordance with the law in effect at the time of the
adoption of the amendments,
are not preempted by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 93-657, eff. 6-1-04.)
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(55 ILCS 5/5-1032) (from Ch. 34, par. 5-1032)
Sec. 5-1032.
County Automobile Renting Occupation Tax.
The corporate
authorities of a county may impose a tax
upon all persons engaged in the business of renting automobiles in the county,
but outside any municipality, at the rate of not to exceed 1% of the gross
receipts from such business. The tax imposed by a county pursuant to this
Section and all civil penalties that may be assessed as an Incident thereof
shall be collected and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department to a retailer
under the "Retailers' Occupation Tax Act", approved June 23, 1933, as amended,
or under the "Automobile Renting Occupation and Use Tax Act", enacted by
the Eighty-Second General Assembly, shall permit such person to engage in
a business which is taxable under any ordinance or resolution enacted pursuant
to this Section without registering separately with the Department under
such ordinance or resolution or under this Section. The Department shall
have full power to administer and enforce this Section; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties so collected
in the manner hereinafter provided, and to determine all rights to credit
memoranda, arising on account of the erroneous payment of tax or penalty
hereunder. In the administration of, and compliance with, this Section,
the Department and persons who are subject to this Section shall have the
same rights, remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure, as are prescribed
in Sections 2 and 3 (in respect to all provisions therein other than the
State rate of tax; and with relation to the provisions of the "Retailers'
Occupation Tax" referred to therein, except as to the disposition of taxes
and penalties collected, and except for the provision allowing retailers
a deduction from the tax to cover certain costs, and except that credit
memoranda issued hereunder may not be used to discharge any State tax
liability) of the "Automobile Renting Occupation and Use Tax Act", as the
same are now or may hereafter be amended, as fully as if provisions
contained in those Sections of said Act were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted in
this Section may reimburse themselves for their tax liability hereunder by
separately stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax which sellers
are required to collect under the "Automobile Renting Occupation and Use
Tax Act" pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the order to
be drawn for the amount specified, and to the person named, in such
notification from the Department. Such refund shall be paid by the State
Treasurer out of the county automobile renting tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes and penalties collected hereunder. On or before the
25th day of each calendar month, the Department shall prepare and certify
to the Comptroller the disbursement of stated sums of money to named counties
from which rentors have paid taxes or penalties hereunder to the Department
during the second preceding calendar month. The amount to be paid to each
county shall be the amount (not including credit memoranda) collected hereunder
during the second preceding calendar month by the Department, and not including
an amount equal to the amount of refunds made during the second preceding
calendar month by the Department on behalf of such county, less 2% of such
balance, which sum shall be retained by the State Treasurer to cover the
costs incurred by the Department in administering and enforcing this
Section as provided herein. The Department at the time of each monthly
disbursement to the counties shall prepare and certify to the Comptroller
the amount, so retained by the State Treasurer, to be paid into the General
Revenue Fund of the State Treasury. Within 10 days after receipt, by the
Comptroller, of the disbursement certification to the counties and the
General Revenue Fund, provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the orders to be
drawn for the respective amounts in accordance with the directions
contained in such certification.
Nothing in this Section shall be construed to authorize a county to
impose a tax upon the privilege of engaging in any business which under the
constitution of the United States may not be made the subject of taxation
by this State.
An ordinance or resolution imposing a tax hereunder or effecting a change
in the rate thereof shall be effective on the first day of the calendar
month next following the month in which such ordinance or resolution is
passed. The corporate authorities of any county which levies a tax authorized
by this Section shall transmit to the Department of Revenue on or not later
than 5 days after passage of the ordinance or resolution a certified copy
of the ordinance or resolution imposing such tax whereupon the Department
of Revenue shall proceed to administer and enforce this Section on behalf
of such county as of the effective date of the ordinance or resolution.
Upon a change in rate of a tax levied hereunder, or upon the discontinuance
of the tax, the corporate authorities of the county shall on or not later
than 5 days after passage of the ordinance or resolution discontinuing the
tax or effecting a change in rate transmit to the Department of Revenue a
certified copy of the ordinance or resolution effecting such change or discontinuance.
The Department of Revenue must upon the request of the County Clerk or County
Board submit to a county a list of those persons who are registered with
the Department to pay automobile renting occupation tax within the unincorporated
area of that governmental unit. This list shall contain only the names
of persons who have paid the tax and not the amount of tax paid by such person.
This Section shall be known and may be cited as the "County Automobile
Renting Occupation Tax Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1033) (from Ch. 34, par. 5-1033)
Sec. 5-1033.
County Automobile Renting Use Tax.
The corporate
authorities of a county may impose a tax upon the privilege of using, in
such county an automobile which is rented from a rentor outside Illinois,
and which is titled or registered with an agency of this State's
government, at a rate not to exceed 1% of the rental price of such
automobile. Such tax shall be collected from persons whose Illinois
address for titling or registration purposes is given as being in the
unincorporated area of such county. Such tax shall be collected by the
Department of Revenue for any county imposing such tax. Such tax must be
paid to the State, or an exemption determination must be obtained from the
Department of Revenue, before the title or certificate of registration for
the property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with which, or
State officer with whom, the tangible personal property must be titled or
registered if the Department and such agency or State officer determine
that this procedure will expedite the processing of applications for title
or registration.
The Department shall have full power to administer and enforce this Section;
to collect all taxes, penalties and interest due hereunder; to dispose of
taxes, penalties and interest so collected in the manner hereinafter provided,
and to determine all rights to credit memoranda or refunds arising on account
of the erroneous payment of tax, penalty or interest hereunder. In the
administration of, and compliance with, this Section, the Department and
persons who are subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure, as are prescribed in Sections 2 and
4 (except provisions pertaining to the State rate of tax; and with relation
to the provisions of the "Use Tax Act" referred to therein, except
provisions concerning collection or refunding of the tax by retailers, and
except the provisions of Section 19 pertaining to claims by retailers and
except the last paragraph concerning refunds, and except that credit
memoranda issued hereunder may not be used to discharge any State tax
liability) of the "Automobile Renting Occupation and Use Tax Act",
as the same are now or may hereafter be amended, which are not inconsistent
with this Section, as fully as if provisions contained in those Sections
of said Act were set forth herein.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the county automobile renting tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio,
as trustee, all taxes, penalties and interest collected hereunder. On or
before the 25th day of each calendar month, the Department shall prepare
and certify to the State Comptroller the disbursement of stated sums of
money to named counties from which the Department, during the second preceding
calendar month, collected taxes hereunder from persons whose Illinois address
for titling or registration purposes is given as being in the unincorporated
area of such county. The amount to be paid to each county shall be the
amount (not including credit memoranda) collected hereunder during the second
preceding calendar month by the Department, and not including an amount
equal to the amount of refunds made during the second preceding calendar
month by the Department on behalf of such county, less 2% of such balance,
which sum shall be retained by the State Treasurer to cover the costs
incurred by the Department in administering and enforcing this Section as
provided herein. The Department at the time of each monthly disbursement
to the counties shall prepare and certify to the State Comptroller the
amount, so retained by the State Treasurer, to be paid into the General
Revenue Fund of the State Treasury. Within 10 days after receipt, by the
State Comptroller, of the disbursement certification to the counties and
the General Revenue Fund, provided for in this Section to be given to the
State Comptroller by the Department, the State Comptroller shall cause the
orders to be drawn for the respective amounts in accordance with the
directions contained in such certification.
An ordinance or resolution imposing a tax hereunder or effecting a change
in the rate thereof shall be effective on the first day of the calendar
month next following the month in which such ordinance or resolution is
passed. The corporate authorities of any county which levies a tax authorized
by this Section shall transmit to the Department of Revenue on or not later
than 5 days after passage of the ordinance or resolution a certified copy
of the ordinance or resolution imposing such tax whereupon the Department
of Revenue shall proceed to administer and enforce this Section on behalf
of such county as of the effective date of the ordinance or resolution.
Upon a change in rate of a tax levied hereunder, or upon the discontinuance
of the tax, the corporate authorities of the county shall, on or not later
than 5 days after passage of the ordinance or resolution discontinuing the
tax or effecting a change in rate, transmit to the Department of Revenue a
certified copy of the ordinance or resolution effecting such change or
discontinuance.
This Section shall be known and may be cited as the "County Automobile
Renting Use Tax Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1034) (from Ch. 34, par. 5-1034)
Sec. 5-1034.
Tax for provision of social services for senior citizens.
The county board may annually impose a tax of not to exceed .025 percent
of the value, as equalized or assessed by the Department of Revenue, of
all the taxable property in the county for the purpose of providing social
services for senior citizens as described in Sections 5-1005 and 5-1091.
This tax shall not be levied in any county until the question of its adoption
is submitted to the electors thereof and approved by a majority of those
voting on the question. This question may be submitted at an election held
in the county, after the adoption of a resolution by the County Board providing
for the submission of the question at a referendum. The question shall
be certified by the board to the proper election officials, who shall submit
the question at an election held in accordance with the general election
law. If a majority of the votes cast on the question is in favor of the
levy of such tax, it may thereafter be levied in such county for
each succeeding year.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1035)
Sec. 5-1035. (Repealed).
(Source: P.A. 86-962. Repealed by P.A. 98-584, eff. 8-27-13.)
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(55 ILCS 5/5-1035.1) (from Ch. 34, par. 5-1035.1)
Sec. 5-1035.1. County Motor Fuel Tax Law. (a) The county board of the
counties of DuPage, Kane, Lake, Will, and McHenry may, by an ordinance or resolution
adopted by an affirmative vote of a majority of the members elected or
appointed to the county board, impose a tax upon all persons engaged in the
county in the business of selling motor fuel, as now or hereafter defined
in the Motor Fuel Tax Law, at retail for the operation of motor vehicles
upon public highways or for the operation of recreational watercraft upon
waterways. The collection of a tax under this Section based on gallonage of gasoline used for the propulsion of any aircraft is prohibited, and the collection of a tax based on gallonage of special fuel used for the propulsion of any aircraft is prohibited on and after December 1, 2019. Kane County may exempt diesel fuel from the tax imposed pursuant
to this Section. The initial tax rate may not be less than 4 cents per gallon of motor fuel sold at retail within
the county for the purpose of use or consumption and not for the purpose of
resale and may not exceed 8 cents per gallon of motor fuel sold at retail within
the county for the purpose of use or consumption and not for the purpose of
resale. The proceeds from the tax shall be used by the county solely for
the purposes of operating, constructing, and improving public highways,
waterways, shared-use paths for nonvehicular public travel, sidewalks, and bike paths and acquiring real property and rights-of-way for public
highways, waterways, shared-use paths for nonvehicular public travel, sidewalks, and bike paths within the county imposing the tax.
(a-5) By June 1, 2020, and by June 1 of each year thereafter, the Department of Revenue shall determine an annual rate increase to take effect on July 1 of that calendar year and continue through June 30 of the next calendar year. Not later than June 1 of each year, the Department of Revenue shall publish on its website the rate that will take effect on July 1 of that calendar year. The rate shall be equal to the rate in effect increased by an amount equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items, published by the United States Department of Labor for the 12 months ending in March of each year. The rate shall be rounded to the nearest one-tenth of one cent. Each new rate may not exceed the rate in effect on June 30 of the previous year plus one cent. (b) A tax imposed pursuant to this Section, and all civil penalties that may
be assessed as an incident thereof, shall be administered, collected, and
enforced by the Illinois Department of Revenue in the same manner as the
tax imposed under the Retailers' Occupation Tax Act, as now or hereafter
amended, insofar as may be practicable; except that in the event of a
conflict with the provisions of this Section, this Section shall control.
The Department of Revenue shall have full power: to administer and enforce
this Section; to collect all taxes and penalties due hereunder; to dispose
of taxes and penalties so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder.
(b-5) Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracket schedules as the Department may prescribe. (c) Whenever the Department determines that a refund shall be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department shall notify the State Comptroller, who shall cause the
order to be drawn for the amount specified, and to the person named,
in the notification from the Department. The refund shall be paid by
the State Treasurer out of the County Option Motor Fuel Tax Fund.
(d) The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder, which
shall be deposited into the County Option Motor Fuel Tax Fund, a special
fund in the State Treasury which is hereby created. On or before the 25th
day of each calendar month, the Department shall prepare and certify to the
State Comptroller the disbursement of stated sums of money to named
counties for which taxpayers have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The amount to be
paid to each county shall be the amount (not including credit memoranda)
collected hereunder from retailers within the county during the second
preceding calendar month by the Department, but not including an amount
equal to the amount of refunds made during the second preceding calendar
month by the Department on behalf of the county;
less
2% of the balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing the provisions of this Section. The Department, at the time of each monthly disbursement to the counties, shall prepare and certify to the Comptroller the amount so retained by the State Treasurer, which shall be transferred into the Tax Compliance and Administration Fund. (e) Nothing in this Section shall be construed to authorize a county to
impose a tax upon the privilege of engaging in any business which under
the Constitution of the United States may not be made the subject of
taxation by this State.
(f) Until January 1, 2020, an ordinance or resolution imposing a tax hereunder or effecting a
change in the rate thereof shall be effective on the first day of the second
calendar month next following the month in which the ordinance or
resolution is adopted and a certified copy thereof is filed with the
Department of Revenue, whereupon the Department of Revenue shall proceed
to administer and enforce this Section on behalf of the county as of the
effective date of the ordinance or resolution. On and after January 1, 2020, an ordinance or resolution imposing or discontinuing the tax hereunder or effecting a change in the rate thereof shall either: (i) be adopted and a certified copy thereof filed with the Department on or before the first day of April, whereupon the Department shall proceed to administer and enforce this Section as of the first day of July next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following the adoption and filing.
(g) This Section shall be known and may be cited as the County Motor Fuel
Tax Law.
(Source: P.A. 101-10, eff. 6-5-19; 101-32, eff. 6-28-19; 101-275, eff. 8-9-19; 101-604, eff. 12-13-19; 102-452, eff. 8-20-21.)
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(55 ILCS 5/5-1035.2) (from Ch. 34, par. 5-1035.2)
Sec. 5-1035.2.
County economic development tax.
(a) A county with a population under 100,000 may levy an annual tax on
all the taxable property in the county, as equalized or assessed by the
Department of Revenue, for the purpose of promoting economic development,
upon approval of the tax at a referendum held in accordance with the general election law.
(b) The referendum may be initiated by either (i) adoption of a
resolution by the county board or (ii) filing a petition with the county
board signed by at least 5% of the electors of the county as determined by
the number of electors voting at the most recent presidential election.
Upon adoption of the resolution or filing of the petition, as the case may
be, the county board shall certify the question to the appropriate election officials.
(c) The resolution or petition, as the case may be, shall set forth the
maximum rate at which the tax may be levied, expressed as a percentage of
the value, as equalized or assessed by the Department of Revenue, of all
the taxable property in the county.
(d) The question shall be submitted to the electors in substantially the
following form: Shall an annual tax of not to exceed ....% be levied in
....... County for the purpose of promoting economic development? The
question is approved if a majority of the electors voting on the question
vote in favor of it.
(e) The proceeds of the tax authorized by this Section shall be
deposited into a separate fund in the county treasury, to be expended by
the county board solely for the purpose of promoting economic development.
(f) The tax authorized by this Section shall be in addition to and shall
not be subject to any limitation on the maximum rate of taxes otherwise
provided by law.
(Source: P.A. 86-1028.)
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(55 ILCS 5/5-1036) (from Ch. 34, par. 5-1036)
Sec. 5-1036.
Vacation of town plats.
A county board may
authorize the vacation of any town plat when the same is not
within any incorporated town, village or city, on the petition of
two-thirds of the owners thereof: Provided, that any such order of vacation
shall be passed by the affirmative vote of at least two-thirds of the
members of the county board, the vote to be taken by ayes and nays and
entered on the records of the county board. The county board, in behalf of
the county, may in such case contract for and receive from the owner or
owners of property abutting upon a street or alley, or part thereof, so
vacated, compensation in an amount which, in the judgment of the county
board, shall be equal to the benefits which will accrue to the owner or
owners of the abutting property by reason of the vacation. The validity of
any vacation shall not be questioned by reason of the payment of any such
compensation, nor by reason of benefits specially accruing therefrom to the
owner or owners of abutting property. The determination of the county board
of the nature and extent of the public use or public interest to be
subserved is such as to warrant the vacation of the street or alley or part
thereof, so vacated, shall be final and conclusive, and the passage of such
order shall be sufficient evidence of the determination, whether so recited
in the order or not. The relief to the public from further burden and
responsibility of maintaining the street or alley, or part thereof, so
vacated shall constitute a public use or public interest authorizing the
vacation. When property is damaged by the vacation or closing of any street
or alley, the same shall be ascertained and paid as provided by law.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1037) (from Ch. 34, par. 5-1037)
Sec. 5-1037.
Change of names of town plats.
A county board may change
the name of any town plat on the petition of a majority of the legal voters
residing therein when the inhabitants thereof have not become a body corporate.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1038) (from Ch. 34, par. 5-1038)
Sec. 5-1038.
Historical museums; tourism grants.
A county board may
own and operate historical museums and may make grants to not-for-profit
tourism organizations from federal, State or any other monies available.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1039) (from Ch. 34, par. 5-1039)
Sec. 5-1039.
Tuberculosis sanitarium.
A county board may cause
to be erected, or otherwise provided and maintained, all suitable buildings
for a sanitarium for the care and treatment of all persons suffering from
tuberculosis who may be admitted to the sanitarium by, or under the
direction of the board, and may provide for the maintenance
and management of the same.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1040) (from Ch. 34, par. 5-1040)
Sec. 5-1040.
Transfer, sale or lease of hospital.
With regard
to any hospital operated by a county, a county board may transfer,
sell or lease such hospital, pursuant to an ordinance or resolution, to a
responsible corporation, hospital, health care facility, unit of local
government or institution of higher education on such terms and under such
conditions as the county board deems appropriate. At least 10 days prior
to the adoption of an ordinance or resolution under this Section, the
county board shall make the proposed ordinance or resolution 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 county, or if there is none published in the
county, in a newspaper having general circulation in the county, 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 or resolution 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. 86-962.)
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(55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
Sec. 5-1041.
Maps, plats and subdivisions.
A county board may prescribe,
by resolution or ordinance, reasonable rules and regulations governing the
location, width and course of streets and highways and of floodplain,
stormwater and floodwater runoff channels and basins, and the provision of
necessary public grounds for schools, public libraries, parks or
playgrounds, in any map, plat or subdivision of any block, lot or sub-lot
or any part thereof or any piece or parcel of land, not being within any
city, village or incorporated town. The rules and regulations may include
such reasonable requirements with respect to water supply and sewage
collection and treatment as may be established by the Environmental
Protection Agency, and such reasonable requirements with respect to
floodplain and stormwater management as may be established by the County
Stormwater Management Committee established under Section 5-1062 of this
Code, and such reasonable requirements with respect to street drainage and
surfacing as may be established by the
county engineer or superintendent of highways and which by resolution shall
be deemed to be the minimum
requirements in the interest of the health, safety, education and
convenience of the public of the county; and may provide by
resolution that the map, plat or subdivision shall be submitted to the
county board or to some officer to be designated by the county board for
their or his approval. The county board shall have a qualified engineer
make an estimate of the probable expenditures necessary to enable any
person to conform with the standards of construction established by the
board pursuant to the provisions of this Section. Except as provided in
Section 3 of the Public Construction Bond Act, each person who seeks
the county board's approval of a map, plat or subdivision shall post a
good and sufficient cash bond, irrevocable letter of credit, surety
bond, or other adequate security with the county clerk,
in a penal sum sufficient to cover the estimate of expenditures made by the
estimating engineer. The cash bond, irrevocable letter of credit,
surety bond, or other adequate security shall be
conditioned upon faithful adherence to the rules and regulations of the
county board promulgated pursuant to the authorization granted to it by
this Section or by Section 5-1062 of this Code, and in such cases no such
map, plat or subdivision shall be entitled to record in the proper county
or have any validity until it has been so approved.
If the county board requires a cash bond, letter of credit, surety, or any
other method to cover the costs and expenses and to insure completion of the
requirements, the requirements shall be subject to the provisions of Section
5-1123 of this Code.
This Section is subject to the provisions of Section 5-1123.
The county board may, by resolution, provide a schedule of fees sufficient
to reimburse the county for the costs incurred in reviewing such maps, plats
and subdivisions submitted for approval to the county board. The
fees authorized by this Section are to be paid into the general
corporate fund of the county by the party desiring to have the plat
approved.
For purposes of implementing ordinances regarding
developer donations or impact fees and only for the purpose of expenditures
thereof, "public grounds
for schools" is defined as including land or site
improvements, which include school buildings or other infrastructure
necessitated and specifically and uniquely attributable to the development
or
subdivision in question.
This amendatory
Act of the 93rd General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate account or escrow
fund
by any school district or county for a school district.
No officer designated by a county board for the approval of plats
shall engage in the business of surveying, and no map, plat or
subdivision shall be received for record or have any validity which has
been prepared by or under the direction of such plat officer.
It is the intention of this amendatory Act of 1990 to repeal the
language added to Section 25.09 of "An Act to revise the law in relation to
counties", approved March 31, 1874, by P.A. 86-614, Section 25.09 of that
Act being the predecessor of this Section.
(Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)
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(55 ILCS 5/5-1041.1) (from Ch. 34, par. 5-1041.1)
Sec. 5-1041.1.
School land donations.
The governing board of
a school district that is located in a county having a population of
less than 3,000,000 may submit to the county board a written request
that a meeting be held to discuss school land donations from a
developer of a subdivision or resubdivision of land included
within the area served by the school district. For the purposes
of this Section, "school land donation" means a donation of land
for public school purposes or a cash contribution in lieu thereof,
or a combination of both.
(Source: P.A. 86-1039.)
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(55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
Sec. 5-1042.
Maps, plats and subdivisions in certain
counties. In any county with a population not
in excess of 500,000 located in the area served by the Northeastern
Illinois Metropolitan Planning Commission, a county board may
establish by ordinance or resolution of record
reasonable rules and regulations governing the location, width and
course of streets and highways, and the provision of public grounds for
schools, parks or playgrounds, in any map, plat or subdivision of any
block, lot or sub-lot or any part thereof or any piece or parcel of land
in the county, not being within any city, village or incorporated town
in the county which rules and regulations may include such reasonable
requirements with respect to water supply and sewage collection and
treatment, and such reasonable requirements with respect to street drainage
and surfacing, as may be established by the county board as minimum
requirements in the interest of the health, safety and convenience of the
public of the county; and may require by ordinance or
resolution of record that any map, plat or subdivision shall be
submitted to the county board or some officer to be designated by the
county board for its or his approval in the manner provided in Section
5-1041, and to require bonds and charge fees as provided in Section 5-1041.
This Section is subject to the provisions of Section 5-1123.
For purposes of implementing ordinances regarding
developer donations or impact fees and only for the purpose of expenditures
thereof, "public grounds for
schools" is defined as including land or site
improvements, which include school buildings or other infrastructure
necessitated and specifically and uniquely attributable to the development
or
subdivision in question.
This amendatory
Act of the 93rd General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate account or escrow
fund
by any school district or county for a school district.
(Source: P.A. 93-330, eff. 7-24-03.)
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(55 ILCS 5/5-1043) (from Ch. 34, par. 5-1043)
Sec. 5-1043.
Water and sanitary facilities.
Whenever a county resolution or ordinance requires the
installation of water mains, sanitary sewers, drains, or other facilities
for sewers and drains, the construction of any roadways or the installation
of any traffic signals or other traffic related improvements as a condition
precedent to the approval of a preliminary or final subdivision or plat
described in Section 5-1042, or a preliminary or final planned
unit development plan and where, in the opinion of the county board such
facilities, roadways or improvements may be used for the benefit of
property not in the subdivision or planned unit development, and the water
mains, sanitary sewers, drains or other such facilities, or such roadways
or improvements are to be dedicated to the public, the county board may, by
contract with the subdivider, agree to reimburse and may reimburse
the subdivider for a portion of the cost of such facilities, roadways and
improvements. The county board may also, by contract with the subdivider,
agree to share the cost of installing required facilities. The county board
may in either case recover the cost of those facilities
from fees charged to owners of property not within the
subdivision, or planned unit development when and as collected
from such owners. Such contract shall describe the property outside the
subdivision or planned unit development which may reasonably be
expected to benefit from the facilities, roadways or improvements
which are required to be constructed under the contract and shall specify
the amount or proportion of the cost of such facilities, roadways or
improvements which is to be incurred
primarily for the benefit of that property. Such contract shall provide
that the county shall collect such fees charged to owners of property not
within the subdivision or planned unit development at any time prior to
the connection to and use of the said facilities, roadways or improvements
by the respective properties of each owner. Such contract may provide
for the payment to the subdivider of a reasonable amount of interest on the
amount expended by the subdivider in completing such facilities, roadways
and improvements, with said interest to be calculated from and after the
date of completion of such facilities, roadways and improvements.
(Source: P.A. 86-962; 86-1463.)
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(55 ILCS 5/5-1044) (from Ch. 34, par. 5-1044)
Sec. 5-1044.
Recording of contracts.
Any contract entered into
between the county board and a subdivider pursuant to Section 5-1043 shall
be filed with the recorder of the county. The recording of the contract in
this manner shall serve to notify persons interested in such property of
the fact that there will be a charge in relation to such property for the
connection to and use of the facilities constructed under the contract.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1045) (from Ch. 34, par. 5-1045)
Sec. 5-1045.
Home rule counties.
Sections 5-1043 and 5-1044 do not
apply to any county which is a home rule unit. This and the foregoing
Sections 5-1043 and 5-1044 are not a prohibition upon the contractual and
associational powers granted by Section 10 of Article VII of the Illinois
Constitution.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1046) (from Ch. 34, par. 5-1046)
Sec. 5-1046.
Radio stations for police and fire protection purposes.
A county board may purchase, lease or otherwise acquire and maintain and
operate, a radio broadcasting station, for police and fire protection
purposes only, in its county, or may join with one or more counties
in this State in purchasing, leasing or otherwise acquiring and maintaining and
operating a radio broadcasting station, for police or fire protection
purposes only, in said counties, the broadcasting station to be equipped to
send messages to and receive messages from peace officers and fire
protection officers and employees; and may purchase or otherwise acquire
radio receiving sets and equipment necessary for receiving messages
from and sending messages to the broadcasting station and may
furnish such receiving sets and equipment to peace officers and fire
protection officers and employees in the county or counties for use by
them, for police and fire protection purposes only.
(Source: P.A. 86-962; 586-1028.)
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(55 ILCS 5/5-1047) (from Ch. 34, par. 5-1047)
Sec. 5-1047.
Garbage, waste and refuse facilities.
A county board may
furnish grounds or other facilities for the disposal, treatment or
recycling of garbage, waste and refuse by sanitary landfill methods or
other appropriate technologies and may charge a reasonable fee
on the basis of weight for disposal, treatment or recycling at such
facility, and may acquire property necessary or appropriate for
such disposal grounds or other facilities. The county board may issue and sell
revenue bonds, payable solely from revenues or income derived from the
operation of such dumping or disposal grounds, or other facilities for the
purpose of acquiring, furnishing and operating such garbage and refuse
disposal grounds and other facilities and their improvement or extension
from time to time and of paying cost thereof including engineering,
inspection, legal and financial fees and costs, working capital, interest
on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds and all other expenditures
of the county incidental and necessary or convenient thereto. In addition
the county board may from time to time issue revenue bonds to refund any
such bonds at maturity or pursuant to redemption provisions or, with the
consent of the holders, at any time before maturity.
Bonds issued under this Section must be authorized by ordinance adopted
by the county board. To secure payment of such bonds, the ordinance shall
set forth the covenants and undertakings of the county in connection with
the issuance thereof, and the issuance of additional bonds payable from the
revenues or income to be derived from the operation of any grounds or other
facilities for the disposal or recycling of refuse, as the case may be, as
well as the use and operation thereof. No such bonds may be payable from
taxes nor constitute an indebtedness of the county within the meaning of
constitutional provisions and limitations, and such fact shall be plainly
stated on each bond.
Such bonds shall bear such date or dates, mature at such time or
serially at such times not more than 40 years from their respective dates,
may bear interest at a rate not exceeding the rate specified in
the general interest rate law for units of local government, per year, payable
semi-annually, may be in such form, may carry such registration privileges,
may be executed in such manner, may be payable at such place or places, may
be subject to redemption in such manner, and upon such terms with or
without premium as is stated on the face thereof, and may be executed in
such manner by such officers and may contain such terms and covenants, all
as provided by the ordinance authorizing the issue.
Such bonds shall be sold in such manner as the board determines.
Notwithstanding the form or tenor thereof, all such bonds are negotiable
unless it is expressly stated on their face that they are non-negotiable.
If any officer whose signature appears on such bonds or on coupons
attached thereto is no longer an officer when the bonds are delivered to
the purchaser, the signature is nevertheless valid and sufficient for all
purposes to the same effect as if that officer was in office when the bonds
were delivered.
In order to secure repayment of revenue bonds issued to finance
regional pollution control facilities, to further this State's policies and
purposes, to advance the public purposes served by resource recovery, and
to authorize the implementation of those solid waste management policies
counties deem in the public interest, any county which has prepared a solid
waste management plan or is a signatory to a plan providing for the
management of solid waste generated by more than one county or
municipality, shall have the authority to require by ordinance, license,
contract or other means that all or any portion of solid waste, garbage,
refuse and ashes generated within the unincorporated areas of a county be
delivered to a regional pollution control facility designated by the county
board or a transfer station serving such facility for treatment or disposal
of such material. Such ordinance, license, contract or other means may be
utilized by a county to ensure a constant flow of solid waste to the
facility notwithstanding the fact that competition may be displaced or that
such measures have an anti-competitive effect. A county may contract with
private industry to operate the designated facility and may enter into
contracts with private firms or local governments for the delivery of waste
to the facility. Signatories to a solid waste management plan shall have
the right of first access to the capacity of the facility notwithstanding
such contracts with private firms or other units of local government.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1048) (from Ch. 34, par. 5-1048)
Sec. 5-1048.
Contracts for garbage disposal or recycling.
A
county board may contract with any city, village, incorporated town, or any
person, corporation, or other county, or any agency created by
intergovernmental agreement, for a period of not less than one and not more
than 30 years, in relation to the collection and final
disposition or to the collection alone or final disposition alone of
garbage, waste refuse, and ashes. The county board may also contract with
an organization or institution organized and conducted on a not-for-profit
basis for the purpose of recycling garbage and refuse. The governing body
shall authorize the execution of the contract by
resolution, and shall appoint a committee of no more than three of its own
members to serve with committees from the other contracting parties as a
joint subcommittee on garbage and refuse disposal, or collection, or
collection and disposal, as the case may be. If the contract is with
a non-profit entity, the governing body shall appoint a committee of not
more than three of its own members to oversee fulfillment of the contract.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1049) (from Ch. 34, par. 5-1049)
Sec. 5-1049.
Public grounds.
A county board may accept or receive
through gift, grant, legacy, dedication in plats of subdivision or
otherwise, parks, playgrounds, areas enclosing flood plains, floodwater
runoff channels and detention ponds or basins, and other public grounds and
easements located in the unincorporated part of the county and not accepted
by a municipality, park district or other public agency; may
hold and maintain such grounds and lands; may supervise or
regulate their use for any proper public purpose; and may enact
ordinances or resolutions to provide for monetary relief for damages caused
by filling or dumping into areas enclosing floodplains, floodwater runoff
channels or detention ponds or basins. Monetary relief for such damages
shall be based on the cost of removing soil, debris, rubbish or any other
material from the floodplain, floodwater runoff channel or detention pond
or basin.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1049.1) (from Ch. 34, par. 5-1049.1)
Sec. 5-1049.1. Lease of public lands. The county board may enter into
agreements to lease lands owned by the county for $1 per year if the county
board determines that the lease will serve public health purposes or public safety purposes as described by subsection (j) of Section 10 of the Illinois Emergency Management Agency Act.
(Source: P.A. 94-401, eff. 8-2-05.)
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(55 ILCS 5/5-1049.2)
Sec. 5-1049.2. Lease of county property. (a) The county board
may lease real estate acquired or held by the county for any term not exceeding
99 years and may lease the real estate when, in the opinion of the county
board, the real estate is no longer necessary, appropriate, required for the
use of, profitable to, or for the best interests of the county. The authority
to lease shall be exercised by an ordinance passed by three-fourths
of the full county board then holding office, at any regular meeting or at
any special meeting called for that purpose.
(b) Notwithstanding subsection (a), upon three-fourths vote, by the full county board, the county board may lease farmland acquired or held by the county for any term not exceeding 5 years. Farmland may be leased to either public or private entities via a cash lease, crop-sharing arrangement, or custom farming arrangement. The bid process for a lease entered into under this subsection must be publicly advertised and sealed bids must be opened at a county board meeting for public review. Counties shall not acquire farmland for the sole purpose of entering into a cash lease, crop-sharing arrangement, or custom farming arrangement or other speculative purpose. (Source: P.A. 103-415, eff. 8-4-23.)
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(55 ILCS 5/5-1050) (from Ch. 34, par. 5-1050)
Sec. 5-1050.
Acquisition and improvement of land for industrial or
commercial purposes. For the public purposes set forth in the Illinois Finance
Authority Act, a county board may (1)
acquire, singly or jointly with other counties or municipalities, by gift,
purchase or otherwise, but not by condemnation, land, or any interest in
land, whether located within or without its county limits, and, singly or
jointly, to improve or to arrange for the improvement of such land for
industrial or commercial purposes and to donate and convey such land, or
interest in land, so acquired and so improved to the Illinois
Finance Authority; and (2) donate county funds to such Authority.
(Source: P.A. 93-205, eff. 1-1-04.)
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(55 ILCS 5/5-1051) (from Ch. 34, par. 5-1051)
Sec. 5-1051.
Charitable donations for aid to persons in
need of assistance. A county board may accept or receive
through unsolicited gift, grant or legacy any charitable
donation of food, medical services or supplies, goods, services,
housing, transportation, commodities, real or personal property,
and financial aid or money for purposes of providing aid to
individuals or families in need of assistance. Such donations
shall be distributed for public use through local charitable
organizations or local direct service government agencies.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1052) (from Ch. 34, par. 5-1052)
Sec. 5-1052.
Public health.
During the period
that Division 5-25 is in force in the particular county,
a county board may:
(1) do all acts and make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease;
including the regulation of plumbing and the fixtures, materials, design
and installation methods of plumbing systems subject to the provisions of
the "Illinois Plumbing License Law", approved July 13, 1953, as amended;
(2) provide gratuitous vaccination and disinfection;
(3) require reports of dangerously communicable diseases;
(4) incur expenses necessary for the performance of powers hereinabove
set forth;
(5) adopt resolutions for the regulations issued under paragraph 1 or to
require reports under paragraph 3. A violation of any such resolution is a
petty offense.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1052.5)
Sec. 5-1052.5.
Contracts to care for vacant residential real estate.
(a) A person, except for the servicer of a mortgage loan acting in that
capacity, who contracts with the federal government or any of its
agencies, including, without limitation, the Department of Housing and Urban
Development, to care for vacant residential real estate is responsible for
maintaining the property to prevent and correct health and sanitation code
violations.
(b) A person who violates this Section is subject to the findings,
decision, and order of a hearing officer as provided in Division 5-41.
(c) A person who intentionally violates this Section is guilty of a
business offense and shall be fined not less than $500 and not more than
$1,000.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-1053) (from Ch. 34, par. 5-1053)
Sec. 5-1053.
Terms and conditions of emergency ambulance service.
Under the terms and conditions hereinafter set out, a county board may
provide emergency ambulance service to or from points within or without the
county; may contract with providers of ambulance service;
may combine with other units of governments for the purpose of
providing ambulance service; may pay for the expenses incurred
in providing for or contracting for the provision of such service from the
general funds of the county; may levy a tax for the provision of
such service under the provisions of Section 5-1028; and may
adopt rules and regulations relating to ambulance service within its
jurisdiction.
(a) It is declared as a matter of public policy:
(1) That, in order to preserve, protect and promote the public health,
safety and general welfare, adequate and continuing emergency ambulance
service should be available to citizens of Illinois;
(2) That, insofar as it is economically feasible, emergency ambulance
service may be provided by private enterprise or units of local
government; and
(3) That, in the event adequate and continuing emergency ambulance
services do not exist and cannot be effectively and efficiently provided by
private enterprise or other units of local government, counties should be
authorized to provide or cause to be provided, ambulance service as
a public service.
(b) Whenever the County Board of a county which is not a home rule
county desires to provide an ambulance service, it may pass, by a
majority vote of those elected to the Board, an ordinance upon such
subject.
(c) If the County Board passes such an ordinance the board may:
1. Provide or operate an ambulance service;
2. Contract with a private person, hospital, corporation or another
governmental unit for the provision and operation of ambulance service or
subsidize the service thereof;
3. Limit the number of ambulance services;
4. Within its jurisdiction, fix, charge and collect fees for ambulance
service within or outside of the county not exceeding the reasonable cost
of the service;
5. Establish necessary regulations not inconsistent with the statutes or
regulations of the Department of Public Health relating to ambulance
service; and
6. Pay for the expenses incurred in providing such ambulance service
under this Division from the general funds of the county or from the
proceeds of a tax levied and collected annually under the provisions of
Section 5-1028.
(d) Nothing in this Section is intended or shall be construed to require
or mandate any county or county board to provide any emergency ambulance
service.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1054) (from Ch. 34, par. 5-1054)
Sec. 5-1054.
Contracts with Community Mental Health Board.
A county
board may enter into contractual agreements with any Community Mental
Health Board having jurisdiction within the county. Such agreements shall
be written and shall provide for the rendition of services by the Community
Mental Health Board to the residents of the county. For this purpose, the
county 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. 86-962.)
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(55 ILCS 5/5-1055) (from Ch. 34, par. 5-1055)
Sec. 5-1055.
Agreements with governmental entities of adjoining
states relating to personal injuries. A county board may enter
into agreements and cooperate with governmental entities of adjoining
states for purposes related to providing emergency services to injured
individuals where such injury occurs at or near the dividing line of
Illinois and an adjoining state.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1055.1) (from Ch. 34, par. 5-1055.1)
Sec. 5-1055.1.
(Repealed).
(Source: P.A. 88-597, eff. 8-28-94. Repealed internally, eff. 9-6-97.)
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(55 ILCS 5/5-1055.5)
Sec. 5-1055.5.
Sharing use and occupation tax receipts.
A county with a
population between 180,000 and 200,000 may, but
shall not be required to, enter into an intergovernmental agreement and by that
agreement transfer to a home rule municipality that is located within the
county a share of use and occupation tax receipts generated by the county. A
county with a population between 180,000 and 200,000 may, but shall not be
required to, enter into an intergovernmental
agreement and by that agreement receive from a home rule municipality located
in that county a share of use and occupation tax receipts generated by the home
rule municipality.
(Source: P.A. 90-703, eff. 8-7-98.)
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(55 ILCS 5/5-1056) (from Ch. 34, par. 5-1056)
Sec. 5-1056.
Powers granted under Emergency Telephone System Act.
A
county board may exercise the powers granted to counties under the
Emergency Telephone System Act.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1056.1) (from Ch. 34, par. 5-1056.1)
Sec. 5-1056.1.
Annexation to fire protection district.
A county board may exercise the powers granted to county boards under
Section 3.1 of "An Act in relation to fire protection districts", approved
July 8, 1927, as now or hereafter amended.
(Source: P.A. 86-1028.)
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(55 ILCS 5/5-1057) (from Ch. 34, par. 5-1057)
Sec. 5-1057.
Weed control and eradication.
A county board may create
and establish a county weed control department and may provide
for the control and eradication of weeds in the county.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1057.5) Sec. 5-1057.5. Milkweed classification. (a) For purposes of this Section, "milkweed" means Asclepias syriaca or other native Asclepias species. (b) A county may not classify milkweed as a noxious or exotic weed. (c) A county may not classify milkweed in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-557, eff. 6-1-18.) |
(55 ILCS 5/5-1058) (from Ch. 34, par. 5-1058)
Sec. 5-1058.
Hawkers, peddlers, itinerant merchants, and transient
vendors. A county board may regulate, in the manner authorized by this
Section hawkers, peddlers, itinerant merchants and transient vendors of
merchandise in any area not within the corporate limits of a municipality
which licenses or regulates hawkers, peddlers, itinerant merchants, and
transient vendors of merchandise. The county board may require that any
such person register his name and the name of any firm he represents with
the county clerk and may make reasonable restrictions of the hours during
which he may engage in door - to - door solicitation. The board shall not
require a fee from such persons or make regulations other than those
authorized by this Section. The provisions of this Section do not apply to
any county which is a home rule unit.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1059) (from Ch. 34, par. 5-1059)
Sec. 5-1059.
Licenses for entertainment or recreation and other
businesses. A county board may license and regulate persons engaged,
within the boundaries of the County but outside the limits of cities,
villages, and incorporated towns, in the business of providing
entertainment or recreation, of accommodating house trailers, house cars or
tents, or providing for the lodging of transients. License fees shall be as
follows: (1) For the business of lodging transients, not to exceed $200;
provided, that in the case of a motel, the license fee shall not exceed $25
per year plus $3 per year for each unit available for hire and in no event
shall such license fees for a motel exceed $200 per year; (2) for the
business of providing entertainment or recreation, not to exceed $200 per year.
All of the provisions of Section 14 of the "Mobile Home Park Act",
approved September 8, 1971, as amended, are incorporated herein
by reference and made a part hereof to the same extent as if such
provisions were included herein.
For the purposes of this Section, "trailer coach park" shall include, in
its meaning, "trailer park" and "camp accommodating persons in house
trailers"; and "trailer coach" shall include, in its meaning, "house trailer."
When any of the regulations herein authorized have been published
previously in book or pamphlet form, the resolution or ordinance may
provide for the adoption of such rules and regulations or portions thereof,
by reference thereto without further printing, publication or posting;
provided that not less than 3 copies of such rules and regulations in book
or pamphlet form shall have been filed, in the office of the county clerk,
for use and examination by the public for at least 30 days prior to the
adoption thereof by the county board. The conduct of any such business
without securing a license therefor when required shall be a petty offense.
No such resolution or ordinance shall be enforced if it is in conflict
with any law of this State or with any rule of the Department of Public
Health.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
Sec. 5-1060.
Contracts for regulation of traffic.
A county
board may contract with school boards, hospitals, commercial and industrial
facilities, and owners of shopping
centers or apartment complexes for the purpose of regulating traffic in
their parking areas outside a municipality in areas under the jurisdiction
of the County Board in such manner as is provided by Section 11-209 of The
Illinois Vehicle Code and as
provided under Section 3-6036 of this Code.
This Section is not a prohibition upon the contractual and associational
powers granted by Article VII, Section 10 of the Illinois Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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(55 ILCS 5/5-1061) (from Ch. 34, par. 5-1061)
Sec. 5-1061.
Air contamination control.
For the purpose of lessening
or preventing the discharge of air contaminants, a county board may
prescribe by ordinance for the regulation of (1) the
design and installation of accessory or appurtenant parts and equipment of
buildings and structures and of uses of land connected with the emission of
air contaminants, (2) the operation or use of equipment and appliances
emitting air contaminants, (3) the conduct or carrying on of uses of land
which causes the emission of air contaminants, and (4) the abatement of an
operation, activity or use causing air contamination. For the purposes of
this Section, "air contaminant" means and includes but is not limited to
the following: dust, soot, mist, smoke, fumes, fly ash, vapor, corrosive
gas or other discharge and any other air borne material or substance that
is offensive, nauseous, irritating or noxious to humans or other animal
life.
The county board of any county may make contracts providing for a
program of joint air contamination control within the jurisdiction of the
contracting parties and providing terms and conditions that are not in
conflict with this Section with the corporate authorities of any one or
more of the following:
(a) any other county or counties;
(b) any one or more cities, villages or incorporated towns; or
(c) adjoining areas of another State.
The presiding officer of any county board desiring to so contract shall
appoint, with the advice and consent of the county board, a committee of no
more than 3 of its own members to negotiate the terms and conditions of the
proposed contract which shall be subject to approval by the county board.
The rules and regulations for air contamination control established
pursuant to the terms and conditions of such approved contract shall be
adopted by ordinance by each contracting county.
Whenever any county board enters a contract authorized by this Section,
that board shall include in the annual appropriation ordinance for each
fiscal year, an appropriation of a sum of money sufficient to pay the
amount which, by the terms of the contract, is to become due and payable
from that county during the current fiscal year.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
Sec. 5-1062. Stormwater management.
(a) The purpose of this Section is to allow management and mitigation of the
effects of urbanization on stormwater drainage in metropolitan counties located
in the area served by the Chicago Metropolitan Agency for Planning, and
references to "county" in this Section shall apply only to those counties.
This Section shall not apply to any county with a population in excess of
1,500,000, except as provided in subsection (c). The purpose of this Section
shall be achieved by:
(1) consolidating the existing stormwater management | ||
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(2) setting minimum standards for floodplain and | ||
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(3) preparing a countywide plan for the management of | ||
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(b) A stormwater management planning committee shall be established by
county board resolution, with its membership consisting of equal numbers of
county board and municipal representatives from each county board
district, and such other members as may be determined by the county and
municipal members. However, if the county has more than 6 county board
districts, the county board may by ordinance divide the county into not
less than 6 areas of approximately equal population, to be used instead of
county board districts for the purpose of determining representation on the
stormwater management planning committee.
The county board members shall be appointed by the chairman of the county
board. Municipal members from each county board district or other
represented area shall be appointed by a majority vote of the mayors of
those municipalities which have the greatest percentage of their respective
populations residing in such county board district or other represented
area. All municipal and county board representatives shall be entitled
to a vote; the other members shall be nonvoting members, unless authorized
to vote by the unanimous consent of the municipal and county board
representatives. A municipality that is located in more than one county may
choose, at the time of formation of the stormwater management planning
committee and based on watershed boundaries, to participate in the
stormwater management planning program of either or both of the counties.
Subcommittees of the stormwater management planning committee may be
established to serve a portion of the county or a particular drainage basin
that has similar stormwater management needs. The stormwater management
planning committee shall adopt by-laws, by a majority vote of the county and
municipal members, to govern the functions of the committee and its
subcommittees. Officers of the committee shall include a chair and vice chair,
one of whom shall be a county representative and one a municipal
representative.
The principal duties of the committee shall be to develop a stormwater
management plan for presentation to and approval by the county board, and
to direct the plan's implementation and revision. The committee may retain
engineering, legal and financial advisors and inspection personnel. The
committee shall meet at least quarterly and shall hold at least one public
meeting during the preparation of the plan and prior to its submittal to the
county board. The committee may make grants to: (1) units of local government; (2) not-for-profit organizations; and (3) landowners. In order for a municipality located partially or wholly within a mapped floodplain to receive grant moneys, the municipality must be a member in the Federal Emergency Management Agency's National Flood Insurance Program. A municipality receiving grant moneys must have adopted an ordinance requiring actions consistent with the stormwater management plan. Use of the grant moneys must be consistent with the stormwater management plan.
(c) In the preparation of a stormwater management plan, a county
stormwater management planning committee shall coordinate the planning
process with each adjoining county to ensure that recommended stormwater
projects will have no significant impact on the levels or flows of
stormwaters in inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater management
plan shall identify steps taken by the county to coordinate the development
of plan recommendations with adjoining counties.
(d) (Blank).
(e) Prior to recommending the plan to the county board, the stormwater
management planning committee shall hold at least one public hearing thereon
and shall afford interested persons an opportunity to be heard. The hearing
shall be held in the county seat. Notice of the hearing shall be published at
least once no less than 15 days in advance thereof in a newspaper of general
circulation published in the county. The notice shall state the time and place
of the hearing and the place where copies of the proposed plan will be
accessible for examination by interested parties. If an affected municipality
having a stormwater management plan adopted by ordinance wishes to protest the
proposed county plan provisions, it shall appear at the hearing and submit in
writing specific proposals to the stormwater management planning committee.
After consideration of the matters raised at the hearing, the committee may
amend or approve the plan and recommend it to the county board for adoption.
The county board may enact the proposed plan by ordinance. If the
proposals for modification of the plan made by an affected municipality having
a stormwater management plan are not included in the proposed county plan,
and the municipality affected by the plan opposes adoption of the county
plan by resolution of its corporate authorities, approval of
the county plan shall require an affirmative vote of at least two-thirds of the
county board members present and voting. If the county board wishes to
amend the county plan, it shall submit in writing specific proposals to the
stormwater management planning committee. If the proposals are not
approved by the committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal stormwater
management plan, amendment of the plan shall require an affirmative vote of
at least two-thirds of the county board members present and voting.
(f) The county board may prescribe by ordinance reasonable rules and
regulations for floodplain or stormwater management and for governing the location,
width, course and release rate of all stormwater runoff channels, streams
and basins in the county, in accordance with the adopted stormwater
management plan. These rules and regulations shall, at a minimum, meet
the standards for floodplain management established by the Office of Water Resources and
the requirements of the Federal Emergency Management Agency for participation
in the National Flood Insurance Program.
(g) In accordance with, and if recommended in, the adopted stormwater
management plan, the county board may adopt a schedule of fees
as may be reasonable and necessary to mitigate the effects of increased stormwater runoff
resulting from new development. The fees shall not exceed the cost of
satisfying the onsite stormwater retention or detention requirements of the
adopted stormwater management plan. The fees shall be used to finance
activities undertaken by the county or its included municipalities to
mitigate the effects of urban stormwater runoff by providing regional
stormwater retention or detention facilities, as identified in the county
plan. All such fees collected by the county shall be held in a separate fund,
and shall be expended only in the watershed within which they were collected.
(h) For the purpose of implementing this Section and for the
development, design, planning, construction, operation and maintenance of
stormwater facilities provided for in the stormwater management plan, a
county board that has established a stormwater management planning
committee pursuant to this Section may cause an annual tax of not to exceed
0.20% of the value, as equalized or assessed by the Department of Revenue,
of all taxable property in the county to be levied upon all the taxable
property in the county. The tax shall be in addition to all other taxes
authorized by law to be levied and collected in the county and shall be in
addition to the maximum tax rate authorized by law for general county
purposes. The 0.20% limitation provided in this Section may be increased
or decreased by referendum in accordance with the provisions of Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
Any revenues generated as a result of ownership or operation of facilities
or land acquired with the tax funds collected pursuant to this subsection
(h) shall be held in a separate fund and be used either to abate such
property tax or for implementing this Section.
However, unless at least part of the county has been declared after
July 1, 1986 by presidential proclamation to be a disaster area as a result
of flooding, the tax authorized by this subsection (h) shall not be levied
until the question of its adoption, either for a specified period or
indefinitely, has been submitted to the electors thereof and approved by a
majority of those voting on the question. This question may be submitted
at any election held in the county after the adoption of a resolution by
the county board providing for the submission of the question to the
electors of the county. The county board shall certify the resolution and
proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
the tax, it may thereafter be levied in the county for the specified
period or indefinitely, as provided in the proposition. The question shall
be put in substantially the following form:
Shall an annual tax be leviedfor stormwater management purposes YES(for a period of not more than...... years) at a rate not exceeding .....% of the equalized assessedvalue of the taxable property of NO........ County?
(i) Upon the creation and implementation of a county stormwater management
plan, the county may petition the circuit court to dissolve any or all drainage
districts created pursuant to the Illinois Drainage Code or predecessor Acts
which are located entirely within the area of the county covered by the plan.
However, any active drainage district implementing a plan that is
consistent with and at least as stringent as the county stormwater
management plan may petition the stormwater management planning committee
for exception from dissolution. Upon filing of the petition, the committee
shall set a date for hearing not less than 2 weeks, nor more than 4 weeks,
from the filing thereof, and the committee shall give at least one week's
notice of the hearing in one or more newspapers of general circulation
within the district, and in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district. At the
hearing, the committee shall hear the district's petition and allow the
district trustees and any interested parties an opportunity to present oral
and written evidence. The committee shall render its decision upon the
petition for exception from dissolution based upon the best interests of
the residents of the district. In the event that the exception is not
allowed, the district may file a petition within 30 days of the decision
with the circuit court. In that case, the notice and hearing requirements
for the court shall be the same as herein provided for the committee.
The court shall likewise render its decision of whether to dissolve the
district based upon the best interests of residents of the district.
The dissolution of any drainage district shall not affect the obligation
of any bonds issued or contracts entered into by the district nor
invalidate the levy, extension or collection of any taxes or special
assessments upon the property in the former drainage district. All property
and obligations of the former drainage district shall be assumed and
managed by the county, and the debts of the former drainage district shall
be discharged as soon as practicable.
If a drainage district lies only partly within a county that adopts a
county stormwater management plan, the county may petition the circuit
court to disconnect from the drainage district that portion of the district
that lies within that county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county. The county shall
also assume a portion of the drainage district's debt at the time of
disconnection, based on the portion of the value of the taxable property of the
drainage district which is located within the area being disconnected.
The operations of any drainage district that continues to exist in a
county that has adopted a stormwater management plan in accordance with
this Section shall be in accordance with the adopted plan.
(j) Any county that has adopted a county stormwater management plan
under this Section may, after 10 days written notice to the owner or
occupant, enter upon any lands or waters within the county for the purpose
of inspecting stormwater facilities or causing the removal of any
obstruction to an affected watercourse. The county shall be responsible
for any damages occasioned thereby.
(k) Upon petition of the municipality, and based on a finding of the
stormwater management planning committee, the county shall not enforce
rules and regulations adopted by the county in any municipality located
wholly or partly within the county that has a municipal stormwater
management ordinance that is consistent with and at least as stringent as
the county plan and ordinance, and is being enforced by the municipal
authorities.
(l) A county may issue general obligation bonds for implementing any
stormwater plan adopted under this Section in the manner prescribed in
Section 5-1012; except that the referendum requirement of Section 5-1012 shall
not apply to bonds issued pursuant to this Section on which the principal and
interest are to be paid entirely out of funds generated by the taxes and fees
authorized by this Section.
(m) The powers authorized by this Section may be implemented by the
county board for a portion of the county subject to similar stormwater
management needs.
(n) The powers and taxes authorized by this Section are in addition to the
powers and taxes authorized by Division 5-15; in exercising its powers
under this Section, a county shall not be subject to the restrictions and
requirements of that Division.
(o) Pursuant to paragraphs (g) and (i) of Section 6 of Article VII of
the Illinois Constitution, this Section specifically denies and limits the
exercise of any power which is inconsistent herewith by home rule units in
any county with a population of less than 1,500,000 in the area served by
the Chicago Metropolitan Agency for Planning. This Section does not
prohibit the concurrent exercise of powers consistent herewith.
(p) As used in this Section: "Urban flooding" means the flooding of public and private land in urban communities that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. "Urbanized areas" means a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons and has been delineated as an urbanized area by the United States Census Bureau after the most recent decennial census. (Source: P.A. 100-758, eff. 1-1-19.)
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(55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
Sec. 5-1062.1. Stormwater management planning councils in Cook County.
(a) Stormwater management in Cook County shall be conducted as provided in Section 7h of the Metropolitan Water Reclamation District Act. As used in this Section, "District" means the Metropolitan Water Reclamation District of Greater Chicago.
The purpose of this Section is to create planning councils, organized by watershed, to contribute to the stormwater management process by advising the Metropolitan Water Reclamation District of Greater Chicago and representing the needs and interests of the members of the public and the local governments included within their respective watersheds.
(b) Stormwater management planning councils shall be formed for each of the following
established watersheds of the Chicago Metropolitan Area: North Branch
Chicago River, Lower Des Plaines Tributaries, Cal-Sag Channel, Little Calumet
River, Poplar Creek, and Upper Salt Creek. In addition a stormwater management
planning council shall be established for the combined sewer areas of Cook
County. Additional stormwater management planning councils may be formed by
the District for other watersheds within Cook
County. Membership on the watershed councils shall consist of the chief
elected official, or his or her designee, from each
municipality and township within the watershed and the Cook County Board
President, or his or her designee, if unincorporated area is included in the
watershed. A municipality or township shall be a member of more than one
watershed council if the corporate boundaries of that municipality or township
extend into more than one watershed, or if the municipality or township is
served in part by separate sewers and combined sewers. Subcommittees of the
stormwater management planning councils may be established to assist the
stormwater management planning councils in performing their duties. The councils may adopt bylaws to govern the
functioning of the stormwater management councils and subcommittees.
(c) The principal duties of the watershed planning councils shall be to
advise the District on the development and implementation of the countywide stormwater management plan with respect to matters relating to their respective watersheds and to advise and represent the concerns of the units of local government in the
watershed area. The councils shall meet at least quarterly and shall hold
at least one public hearing during the preparation of the plan.
(d) The District shall give careful consideration to the recommendations and concerns of the watershed planning councils throughout the planning process and shall coordinate the 6 watershed plans as developed and to
coordinate the planning process with the adjoining counties to ensure that
recommended stormwater projects will have no significant adverse impact on the
levels or flows of stormwater in the inter-county watershed or on the
capacity of existing and planned stormwater retention facilities. The District shall include cost benefit analysis in its deliberations and in evaluating priorities for projects from watershed to watershed. The
District shall identify in an annual published report steps taken by the
District to accommodate the concerns and recommendations of the watershed planning councils.
(e) The stormwater management planning councils may recommend rules and
regulations to the District governing the location, width,
course, and release rates of all stormwater runoff channels, streams, and
basins in their respective watersheds.
(f) The Northwest Municipal Conference, the South Suburban Mayors and
Managers Association, the Southwest Conference of Mayors, and the West Central Municipal Conference shall be
responsible for the coordination of the planning councils created under this Section.
(Source: P.A. 93-1049, eff. 11-17-04; 94-867, eff. 6-16-06.)
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(55 ILCS 5/5-1062.2) Sec. 5-1062.2. Stormwater management. (a) The purpose of this Section is to allow management and mitigation of the effects of urbanization on stormwater drainage in the metropolitan counties of Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone as well as all counties containing all or a part of an urbanized area and references to "county" in this Section apply only to those counties. This Section does not apply to counties in the Chicago Metropolitan Agency for Planning that are granted authorities in Section 5-1062. The purpose of this Section shall be achieved by: (1) Consolidating the existing stormwater management | ||
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(2) Setting minimum standards for floodplain and | ||
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(3) Preparing a countywide plan for the management | ||
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(a-5) This Section also applies to all counties not otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if the question of allowing the county board to establish a stormwater management planning council has been submitted to the electors of the county and approved by a majority of those voting on the question. (b) A stormwater management planning committee may be established by county board resolution, with its membership consisting of equal numbers of county board and municipal representatives from each county board district, one member representing drainage districts, and one member representing soil and water conservation districts and such other members as may be determined by the stormwater management planning committee members. If the county has more than 6 county board districts, however, the county board may by ordinance divide the county into not less than 6 areas of approximately equal population, to be used instead of county board districts for the purpose of determining representation on the stormwater management planning committee. The county board members shall be appointed by the chairman of the county board. Municipal members from each county board district or other represented area shall be appointed by a majority vote of the mayors of those municipalities that have the greatest percentage of their respective populations residing in that county board district or other represented area. The member representing drainage districts shall be appointed by the drainage district chairperson or by a majority vote of all drainage district chairpersons in the county if more than one drainage district exists in the county. The member representing soil and water conservation districts shall be appointed by a majority vote of the soil and water conservation district board or by a majority vote of all soil and water conservation district boards in the county if more than one soil and water conservation district board exists in the county. All municipal, county board, drainage district, and soil and water conservation district representatives shall be entitled to a vote; the other members shall be nonvoting members, unless authorized to vote by the unanimous consent of the voting members of the committee; however, Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone counties are not required to have a drainage district or a soil and water conservation representative. A municipality that is located in more than one county may choose, at the time of formation of the stormwater management planning committee and based on watershed boundaries, to participate in the stormwater management planning program of either or both of the counties. Subcommittees of the stormwater management planning committee may be established to serve a portion of the county or a particular drainage basin that has similar stormwater management needs. The stormwater management planning committee shall adopt bylaws, by a majority vote of the county and municipal members, to govern the functions of the committee and its subcommittees. Officers of the committee shall include a chair and vice chair, one of whom shall be a county representative and one a municipal representative. The principal duties of the committee shall be to develop a stormwater management plan for presentation to and approval by the county board, and to direct the plan's implementation and revision. The committee may retain engineering, legal, and financial advisors and inspection personnel. The committee shall meet at least quarterly and shall hold at least one public meeting during the preparation of the plan and prior to its submittal to the county board. The committee may make grants to: (1) units of local government; (2) not-for-profit organizations; and (3) landowners. In order for a municipality located partially or wholly within a mapped floodplain to receive grant moneys, the municipality must be a member in the Federal Emergency Management Agency's National Flood Insurance Program. A municipality receiving grant moneys must have adopted an ordinance requiring actions consistent with the stormwater management plan. Use of the grant money must be consistent with the stormwater management plan. The committee shall not have or exercise any power of eminent domain.
(c) In the preparation of a stormwater management plan, a county stormwater management planning committee shall coordinate the planning process with each adjoining county to ensure that recommended stormwater projects will have no significant impact on the levels or flows of stormwaters in inter-county watersheds or on the capacity of existing and planned stormwater retention facilities. An adopted stormwater management plan shall identify steps taken by the county to coordinate the development of plan recommendations with adjoining counties. (d) The stormwater management committee may not enforce any rules or regulations that would interfere with (i) any power granted by the Illinois Drainage Code (70 ILCS 605/) to operate, construct, maintain, or improve drainage systems or (ii) the ability to operate, maintain, or improve the drainage systems used on or by land or a facility used for production agriculture purposes, as defined in the Use Tax Act (35 ILCS 105/), except newly constructed buildings and newly installed impervious paved surfaces. Disputes regarding an exception shall be determined by a mutually agreed upon arbitrator paid by the disputing party or parties. (e) Before the stormwater management planning committee recommends to the county board a stormwater management plan for the county or a portion thereof, it shall submit the plan to the Office of Water Resources of the Department of Natural Resources for review and recommendations. The Office, in reviewing the plan, shall consider such factors as impacts on the levels or flows in rivers and streams and the cumulative effects of stormwater discharges on flood levels. The Office of Water Resources shall determine whether the plan or ordinances enacted to implement the plan complies with the requirements of subsection (f). Within a period not to exceed 60 days, the review comments and recommendations shall be submitted to the stormwater management planning committee for consideration. Any amendments to the plan shall be submitted to the Office for review. (f) Prior to recommending the plan to the county board, the stormwater management planning committee shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard. The hearing shall be held in the county seat. Notice of the hearing shall be published at least once no less than 15 days in advance of the hearing in a newspaper of general circulation published in the county. The notice shall state the time and place of the hearing and the place where copies of the proposed plan will be accessible for examination by interested parties. If an affected municipality having a stormwater management plan adopted by ordinance wishes to protest the proposed county plan provisions, it shall appear at the hearing and submit in writing specific proposals to the stormwater management planning committee. After consideration of the matters raised at the hearing, the committee may amend or approve the plan and recommend it to the county board for adoption. The county board may enact the proposed plan by ordinance. If the proposals for modification of the plan made by an affected municipality having a stormwater management plan are not included in the proposed county plan, and the municipality affected by the plan opposes adoption of the county plan by resolution of its corporate authorities, approval of the county plan shall require an affirmative vote of at least two-thirds of the county board members present and voting. If the county board wishes to amend the county plan, it shall submit in writing specific proposals to the stormwater management planning committee. If the proposals are not approved by the committee, or are opposed by resolution of the corporate authorities of an affected municipality having a municipal stormwater management plan, amendment of the plan shall require an affirmative vote of at least two-thirds of the county board members present and voting. (g) The county board may prescribe by ordinance reasonable rules and regulations for floodplain or stormwater management and for governing the location, width, course, and release rate of all stormwater runoff channels, streams, and basins in the county, in accordance with the adopted stormwater management plan. Land, facilities, and drainage district facilities used for production agriculture as defined in subsection (d) shall not be subjected to regulation by the county board or stormwater management committee under this Section for floodplain management and for governing location, width, course, maintenance, and release rate of stormwater runoff channels, streams and basins, or water discharged from a drainage district. These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources and the requirements of the Federal Emergency Management Agency for participation in the National Flood Insurance Program. The Commission may not impose more stringent regulations regarding water quality on entities discharging in accordance with a valid National Pollution Discharge Elimination System permit issued under the Environmental Protection Act. (h) In accordance with, and if recommended in, the adopted stormwater management plan, the county board may adopt a schedule of reasonable fees as may be necessary to mitigate the effects of increased stormwater runoff resulting from new development based on actual costs. The fees shall not exceed the cost of satisfying the onsite stormwater retention or detention requirements of the adopted stormwater management plan. The fees shall be used to finance activities undertaken by the county or its included municipalities to mitigate the effects of urban stormwater runoff by providing regional stormwater retention or detention facilities, as identified in the county plan. The county board shall provide for a credit or reduction in fees for any onsite retention, detention, drainage district assessments, or other similar stormwater facility that the developer is required to construct consistent with the stormwater management ordinance. All these fees collected by the county shall be held in a separate fund, and shall be expended only in the watershed within which they were collected. (i) For the purpose of implementing this Section and for the development, design, planning, construction, operation, and maintenance of stormwater facilities provided for in the stormwater management plan, a county board that has established a stormwater management planning committee pursuant to this Section may cause an annual tax of not to exceed 0.20% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the county to be levied upon all the taxable property in the county or occupation and use taxes of 1/10 of one cent. The property tax shall be in addition to all other taxes authorized by law to be levied and collected in the county and shall be in addition to the maximum tax rate authorized by law for general county purposes. The 0.20% limitation provided in this Section may be increased or decreased by referendum at a general election in accordance with the provisions of Sections 18-120, 18-125, and 18-130 of the Property Tax Code (35 ILCS 200/). Any revenues generated as a result of ownership or operation of facilities or land acquired with the tax funds collected pursuant to this subsection shall be held in a separate fund and be used either to abate such property tax or for implementing this Section. However, the tax authorized by this subsection shall not be levied until the question of its adoption, either for a specified period or indefinitely, has been submitted to the electors thereof and approved by a majority of those voting on the question. This question may be submitted at any general election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county. The county board shall certify the resolution and proposition to the proper election officials, who shall submit the proposition at an election in accordance with the general election law. If a majority of the votes cast on the question is in favor of the levy of the tax, it may thereafter be levied in the county for the specified period or indefinitely, as provided in the proposition. The question shall be put in substantially the following form: Shall an annual tax be levied for stormwater | ||
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Or this question may be submitted at any general election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county to authorize use and occupation taxes of 1/10 of one cent: Shall use and occupation taxes be raised for | ||
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Votes shall be recorded as Yes or No.
(i-5) Before a county that establishes a stormwater management planning council after submission of the question to the electors of the county pursuant to subsection (a-5) may submit a referendum question to the electors of the county for an annual tax under subsection (i), the county shall: (1) adopt and enforce a floodplain management | ||
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(2) designate a certified floodplain manager who has | ||
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If a county fails to continually meet any of the conditions of this subsection (i-5) after approval of a referendum question for an annual tax, the county may not levy a tax under subsection (i) until they are in full compliance with this subsection (i-5). (j) For those counties that adopt a property tax in accordance with the provisions in this Section, the stormwater management committee shall offer property tax abatements or incentive payments to property owners who construct, maintain, and use approved stormwater management devices. For those counties that adopt use and occupation taxes in accordance with the provisions of this Section, the stormwater management committee may offer tax rebates or incentive payments to property owners who construct, maintain, and use approved stormwater management devices.
The stormwater management committee is authorized to offer credits to the property tax, if applicable, based on authorized practices consistent with the stormwater management plan and approved by the committee. Expenses of staff of a stormwater management committee that are expended on regulatory project review may be no more than 20% of the annual budget of the committee, including funds raised under subsections (h) and (i). (k) Any county that has adopted a county stormwater management plan under this Section may, after 10 days written notice receiving consent of the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse. If consent is denied or cannot be reasonably obtained, the county ordinance shall provide a process or procedure for an administrative warrant to be obtained. The county shall be responsible for any damages occasioned thereby. (l) Upon petition of the municipality, and based on a finding of the stormwater management planning committee, the county shall not enforce rules and regulations adopted by the county in any municipality located wholly or partly within the county that has a municipal stormwater management ordinance that is consistent with and at least as stringent as the county plan and ordinance, and is being enforced by the municipal authorities. On issues that the county ordinance is more stringent as deemed by the committee, the county shall only enforce rules and regulations adopted by the county on the more stringent issues and accept municipal permits. The county shall have no more than 60 days to review permits or the permits shall be deemed approved. (m) A county may issue general obligation bonds for implementing any stormwater plan adopted under this Section in the manner prescribed in Section 5-1012; except that the referendum requirement of Section 5-1012 does not apply to bonds issued pursuant to this Section on which the principal and interest are to be paid entirely out of funds generated by the taxes and fees authorized by this Section. (n) The powers authorized by this Section may be implemented by the county board for a portion of the county subject to similar stormwater management needs. (o) The powers and taxes authorized by this Section are in addition to the powers and taxes authorized by Division 5-15; in exercising its powers under this Section, a county shall not be subject to the restrictions and requirements of that Division.
(p) As used in this Section: "Urban flooding" means the flooding of public and private land in urban communities that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. "Urbanized areas" means a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons and has been delineated as an urbanized area by the United States Census Bureau after the most recent decennial census. (Source: P.A. 100-758, eff. 1-1-19.) |
(55 ILCS 5/5-1062.3) Sec. 5-1062.3. Stormwater management; DuPage and Peoria Counties. (a) The purpose of this Section is to allow management and mitigation of the effects of urbanization on stormwater drainage in the metropolitan counties of DuPage and Peoria, and references to "county" in this Section apply only to those counties. This Section does not apply to a municipality that only partially lies within one of these counties and, on the effective date of this amendatory Act of the 98th General Assembly, is served by an existing Section in the Counties Code regarding stormwater management. The purpose of this Section shall be achieved by: (1) consolidating the existing stormwater management | ||
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(2) setting minimum standards for floodplain and | ||
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(3) preparing a countywide plan for the management of | ||
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(b) A stormwater management planning committee may be established by county board resolution, with its membership consisting of equal numbers of county board and municipal representatives from each county board district, and such other members as may be determined by the county and municipal members. If the county has more than 6 county board districts, however, the county board may by ordinance divide the county into not less than 6 areas of approximately equal population, to be used instead of county board districts for the purpose of determining representation on the stormwater management planning committee. The county board members shall be appointed by the chairman of the county board. Municipal members from each county board district or other represented area shall be appointed by a majority vote of the mayors of those municipalities that have the greatest percentage of their respective populations residing in that county board district or other represented area. All municipal and county board representatives shall be entitled to a vote; the other members shall be nonvoting members, unless authorized to vote by the unanimous consent of the municipal and county board representatives. A municipality that is located in more than one county may choose, at the time of formation of the stormwater management planning committee and based on watershed boundaries, to participate in the stormwater management planning program of either county. Subcommittees of the stormwater management planning committee may be established to serve a portion of the county or a particular drainage basin that has similar stormwater management needs. The stormwater management planning committee shall adopt bylaws, by a majority vote of the county and municipal members, to govern the functions of the committee and its subcommittees. Officers of the committee shall include a chair and vice chair, one of whom shall be a county representative and one a municipal representative. The principal duties of the committee shall be to develop a stormwater management plan for presentation to and approval by the county board, and to direct the plan's implementation and revision. The committee may retain engineering, legal, and financial advisors and inspection personnel. The committee shall meet at least quarterly and shall hold at least one public meeting during the preparation of the plan and prior to its submittal to the county board. The committee may make grants to: (1) units of local government; (2) not-for-profit organizations; and (3) landowners. In order for a municipality located partially or wholly within a mapped floodplain to receive grant moneys, the municipality must be a member in the Federal Emergency Management Agency's National Flood Insurance Program. A municipality receiving grant moneys must have adopted an ordinance requiring actions consistent with the stormwater management plan. Use of the grant money must be consistent with the stormwater management plan. The committee shall not have or exercise any power of eminent domain. (c) In the preparation of a stormwater management plan, a county stormwater management planning committee shall coordinate the planning process with each adjoining county to ensure that recommended stormwater projects will have no significant impact on the levels or flows of stormwaters in inter-county watersheds or on the capacity of existing and planned stormwater retention facilities. An adopted stormwater management plan shall identify steps taken by the county to coordinate the development of plan recommendations with adjoining counties. (d) The stormwater management committee may not enforce any rules or regulations that would interfere with (i) any power granted by the Illinois Drainage Code (70 ILCS 605/) to operate, construct, maintain, or improve drainage systems or (ii) the ability to operate, maintain, or improve the drainage systems used on or by land or a facility used for production agriculture purposes, as defined in the Use Tax Act (35 ILCS 105/), except newly constructed buildings and newly installed impervious paved surfaces. Disputes regarding an exception shall be determined by a mutually agreed upon arbitrator paid by the disputing party or parties. (e) Before the stormwater management planning committee recommends to the county board a stormwater management plan for the county or a portion thereof, it shall submit the plan to the Office of Water Resources of the Department of Natural Resources for review and recommendations. The Office, in reviewing the plan, shall consider such factors as impacts on the levels or flows in rivers and streams and the cumulative effects of stormwater discharges on flood levels. The Office of Water Resources shall determine whether the plan or ordinances enacted to implement the plan complies with the requirements of subsection (f). Within a period not to exceed 60 days, the review comments and recommendations shall be submitted to the stormwater management planning committee for consideration. Any amendments to the plan shall be submitted to the Office for review. (f) Prior to recommending the plan to the county board, the stormwater management planning committee shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard. The hearing shall be held in the county seat. Notice of the hearing shall be published at least once and no less than 15 days in advance of the hearing in a newspaper of general circulation published in the county. The notice shall state the time and place of the hearing and the place where copies of the proposed plan will be accessible for examination by interested parties. If an affected municipality having a stormwater management plan adopted by ordinance wishes to protest the proposed county plan provisions, it shall appear at the hearing and submit in writing specific proposals to the stormwater management planning committee. After consideration of the matters raised at the hearing, the committee may amend or approve the plan and recommend it to the county board for adoption. The county board may enact the proposed plan by ordinance. If the proposals for modification of the plan made by an affected municipality having a stormwater management plan are not included in the proposed county plan, and the municipality affected by the plan opposes adoption of the county plan by resolution of its corporate authorities, approval of the county plan shall require an affirmative vote of at least two-thirds of the county board members present and voting. If the county board wishes to amend the county plan, it shall submit in writing specific proposals to the stormwater management planning committee. If the proposals are not approved by the committee, or are opposed by resolution of the corporate authorities of an affected municipality having a municipal stormwater management plan, amendment of the plan shall require an affirmative vote of at least two-thirds of the county board members present and voting. (g) The county board may prescribe by ordinance reasonable rules and regulations for floodplain or stormwater management and for governing the location, width, course, and release rate of all stormwater runoff channels, streams, and basins in the county, in accordance with the adopted stormwater management plan. Land, facilities, and drainage district facilities used for production agriculture as defined in subsection (d) shall not be subjected to regulation by the county board or stormwater management committee under this Section for floodplain management and for governing location, width, course, maintenance, and release rate of stormwater runoff channels, streams and basins, or water discharged from a drainage district. These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources and the requirements of the Federal Emergency Management Agency for participation in the National Flood Insurance Program. With respect to DuPage County only, the Chicago Metropolitan Agency for Planning may not impose more stringent regulations regarding water quality on entities discharging in accordance with a valid National Pollution Discharge Elimination System permit issued under the Environmental Protection Act. (h) For the purpose of implementing this Section and for the development, design, planning, construction, operation, and maintenance of stormwater facilities provided for in the adopted stormwater management plan, a county board that has established a stormwater management planning committee pursuant to this Section or has participated in a stormwater management planning process may adopt a schedule of reasonable fees applicable to all real property within the county which benefits from the county's stormwater management facilities and activities, and as may be necessary to mitigate the effects of increased stormwater runoff resulting from development. The total amount of the fees assessed must be specifically and uniquely attributable to the actual costs of the county in the preparation, administration, and implementation of the adopted stormwater management plan, construction and maintenance of stormwater facilities, and other activities related to the management of the runoff from the property. The individual fees must be specifically and uniquely attributable to the portion of the actual cost to the county of managing the runoff from the property. The fees shall be used to finance activities undertaken by the county or its included municipalities to mitigate the effects of urban stormwater runoff by providing and maintaining stormwater collection, retention, detention, and particulate treatment facilities, and improving water bodies impacted by stormwater runoff, as identified in the county plan. In establishing, maintaining, or replacing such facilities, the county shall not duplicate facilities operated by other governmental bodies within its corporate boundaries. The schedule of fees established by the county board shall include a procedure for a full or partial fee waiver for property owners who have taken actions or put in place facilities that reduce or eliminate the cost to the county of providing stormwater management services to their property. The county board may also offer tax or fee rebates or incentive payments to property owners who construct, maintain, and use approved green infrastructure stormwater management devices or any other methods that reduce or eliminate the cost to the county of providing stormwater management services to the property, including but not limited to facilities that reduce the volume, temperature, velocity, and pollutant load of the stormwater managed by the county, such as systems that infiltrate, evapotranspirate, or harvest stormwater for reuse, known as "green infrastructure". In exercising this authority, the county shall provide notice to the municipalities within its jurisdiction of any fees proposed under this Section and seek the input of each municipality with respect to the calculation of the fees. The county shall also give property owners at least 2 years' notice of the fee, during which time the county shall provide education on green infrastructure practices and an opportunity to take action to reduce or eliminate the fee. All these fees collected by the county shall be held in a separate fund, and shall be expended only in the watershed within which they were collected. The county may enter into intergovernmental agreements with other government bodies for the joint administration of stormwater management and the collection of the fees authorized in this Section. A fee schedule authorized by this subsection must have the same limit as the authorized stormwater tax. In Peoria County only, the fee schedule shall not be adopted unless (i) a referendum has been passed approving a stormwater tax as provided in subsection (i) of this Section; or (ii) the question of the adoption of a fee schedule with the same limit as the authorized stormwater tax has been approved in a referendum by a majority of those voting on the question. (i) In the alternative to a fee imposed under subsection (h), the county board may cause an annual tax of not to exceed 0.20% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the county to be levied upon all the taxable property in the county. The property tax shall be in addition to all other taxes authorized by law to be levied and collected in the county and shall be in addition to the maximum tax rate authorized by law for general county purposes. The 0.20% limitation provided in this Section may be increased or decreased by referendum in accordance with the provisions of Sections 18-120, 18-125, and 18-130 of the Property Tax Code (35 ILCS 200/). Any revenues generated as a result of ownership or operation of facilities or land acquired with the tax funds collected pursuant to this subsection shall be held in a separate fund and be used either to abate such property tax or for implementing this Section. If at least part of the county has been declared by a presidential proclamation after July 1, 1986 and before December 31, 1987, to be a disaster area as a result of flooding, the tax authorized by this subsection does not require approval by referendum. However, in Peoria County, the tax authorized by this subsection shall not be levied until the question of its adoption, either for a specified period or indefinitely, has been submitted to the electors thereof and approved by a majority of those voting on the question. This question may be submitted at any election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county. The county board shall certify the resolution and proposition to the proper election officials, who shall submit the proposition at an election in accordance with the general election law. If a majority of the votes cast on the question is in favor of the levy of the tax, it may thereafter be levied in the county for the specified period or indefinitely, as provided in the proposition. The question shall be put in substantially the following form: Shall an annual tax be levied for stormwater | ||
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Votes shall be recorded as Yes or No. The following question may be submitted at any election held in the county after the adoption of a resolution by the county board providing for the submission of the question to the electors of the county to authorize adoption of a schedule of fees applicable to all real property within the county: Shall the county board be authorized to adopt a | ||
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Votes shall be recorded as Yes or No. If these questions have been approved by a majority of those voting prior to the effective date of this amendatory Act of the 98th General Assembly, this subsection does not apply. (j) For those counties that adopt a property tax in accordance with the provisions in this Section, the stormwater management committee shall offer property tax abatements or incentive payments to property owners who construct, maintain, and use approved stormwater management devices. The stormwater management committee is authorized to offer credits to the property tax, if applicable, based on authorized practices consistent with the stormwater management plan and approved by the committee. Expenses of staff of a stormwater management committee that are expended on regulatory project review may be no more than 20% of the annual budget of the committee, including funds raised under subsections (h) and (i). (k) Upon the creation and implementation of a county stormwater management
plan, the county may petition the circuit court to dissolve any or all drainage
districts created pursuant to the Illinois Drainage Code or predecessor Acts
which are located entirely within the area of the county covered by the plan. However, any active drainage district implementing a plan that is
consistent with and at least as stringent as the county stormwater
management plan may petition the stormwater management planning committee
for exception from dissolution. Upon filing of the petition, the committee
shall set a date for hearing not less than 2 weeks, nor more than 4 weeks,
from the filing thereof, and the committee shall give at least one week's
notice of the hearing in one or more newspapers of general circulation
within the district, and in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district. At the
hearing, the committee shall hear the district's petition and allow the
district trustees and any interested parties an opportunity to present oral
and written evidence. The committee shall render its decision upon the
petition for exception from dissolution based upon the best interests of
the residents of the district. In the event that the exception is not
allowed, the district may file a petition within 30 days of the decision
with the circuit court. In that case, the notice and hearing requirements
for the court shall be the same as herein provided for the committee.
The court shall likewise render its decision of whether to dissolve the
district based upon the best interests of residents of the district. The dissolution of any drainage district shall not affect the obligation
of any bonds issued or contracts entered into by the district nor
invalidate the levy, extension or collection of any taxes or special
assessments upon the property in the former drainage district. All property
and obligations of the former drainage district shall be assumed and
managed by the county, and the debts of the former drainage district shall
be discharged as soon as practicable. If a drainage district lies only partly within a county that adopts a
county stormwater management plan, the county may petition the circuit
court to disconnect from the drainage district that portion of the district
that lies within that county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county. The county shall
also assume a portion of the drainage district's debt at the time of
disconnection, based on the portion of the value of the taxable property of the
drainage district which is located within the area being disconnected. The operations of any drainage district that continues to exist in a
county that has adopted a stormwater management plan in accordance with
this Section shall be in accordance with the adopted plan. (l) Any county that has adopted a county stormwater management plan under this Section may, after 10 days' written notice receiving consent of the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse. If consent is denied or cannot be reasonably obtained, the county ordinance shall provide a process or procedure for an administrative warrant to be obtained. The county shall be responsible for any damages occasioned thereby. (m) Except as otherwise provided in subsection (a) of this Section, upon petition of the municipality, and based on a finding of the stormwater management planning committee, the county shall not enforce rules and regulations adopted by the county in any municipality located wholly or partly within the county that has a municipal stormwater management ordinance that is consistent with and at least as stringent as the county plan and ordinance, and is being enforced by the municipal authorities. On issues that the county ordinance is more stringent as deemed by the committee, the county shall only enforce rules and regulations adopted by the county on the more stringent issues and accept municipal permits. The county shall have no more than 60 days to review permits or the permits shall be deemed approved. (n) A county may issue general obligation bonds for implementing any stormwater plan adopted under this Section in the manner prescribed in Section 5-1012; except that the referendum requirement of Section 5-1012 does not apply to bonds issued pursuant to this Section on which the principal and interest are to be paid entirely out of funds generated by the taxes and fees authorized by this Section. (o) A county that has adopted a fee schedule pursuant to this Section may not thereafter issue any bond extensions related to implementing a stormwater management plan. (p) The powers authorized by this Section may be implemented by the county board for a portion of the county subject to similar stormwater management needs. (q) The powers and taxes authorized by this Section are in addition to the powers and taxes authorized by Division 5-15; in exercising its powers under this Section, a county shall not be subject to the restrictions and requirements of that Division. (r) Stormwater management projects and actions related to stormwater management in a county that has adopted a fee schedule or tax pursuant to this Section prior to the effective date of this amendatory Act of the 98th General Assembly are not altered by this amendatory Act of the 98th General Assembly.
(s) As used in this Section: "Urban flooding" means the flooding of public and private land in urban communities that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. "Urbanized areas" means a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons and has been delineated as an urbanized area by the United States Census Bureau after the most recent decennial census. (Source: P.A. 100-758, eff. 1-1-19.) |
(55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
Sec. 5-1063. Building construction, alteration and
maintenance. For the purpose of promoting and
safeguarding the public health, safety, comfort and welfare, a county
board may prescribe by resolution or ordinance reasonable
rules and regulations (a) governing the construction and alteration of all
buildings, structures and camps or parks accommodating persons in house
trailers, house cars, cabins or tents and parts and appurtenances thereof
and governing the maintenance thereof in a condition reasonably safe from
hazards of fire, explosion, collapse, electrocution, flooding,
asphyxiation, contagion and the spread of infectious disease, where such
buildings, structures and camps or parks are located outside the limits of
cities, villages and incorporated towns, but excluding those for
agricultural purposes on farms including farm residences, but any such
resolution or ordinance shall be subject to any rule or regulation
heretofore or hereafter adopted by the State Fire Marshal
pursuant to "An Act to regulate the storage, transportation, sale and use
of gasoline and volatile oils", approved June 28, 1919, as amended; (b) for
prohibiting the use for residential purposes of buildings and structures
already erected or moved into position which do not comply with such rules
and regulations; and (c) for the restraint, correction and abatement of any
violations.
In addition, the county board may by resolution or ordinance require
that each occupant of an industrial or commercial building located outside
the limits of cities, villages and incorporated towns obtain an occupancy
permit issued by the county. The county board may by resolution or ordinance require
that an occupancy permit be obtained for each newly constructed residential dwelling located outside
the limits of cities, villages, and incorporated towns, but may not require more than one occupancy permit per newly constructed residential dwelling. Such permit may be valid for the duration of
the occupancy or for a specified period of time, and shall be valid only
with respect to the occupant to which it is issued. A county board may not impose a fee on an occupancy permit for a newly constructed residential dwelling issued pursuant to this Section. If, before the effective date of this amendatory Act of the 96th General Assembly, a county board imposes a fee on an occupancy permit for a newly constructed residential dwelling, then the county board may continue to impose the occupancy permit fee.
Within 30 days after its adoption, such resolution or ordinance shall be
printed in book or pamphlet form, published by authority of the County
Board; or it shall be published at least once in a newspaper published and
having general circulation in the county; or if no newspaper is published
therein, copies shall be posted in at least 4 conspicuous places in each
township or Road District. No such resolution or ordinance shall take
effect until 10 days after it is published or posted. Where such building
or camp or park rules and regulations have been published previously in
book or pamphlet form, the resolution or ordinance may provide for the
adoption of such rules and regulations or portions thereof, by reference
thereto without further printing, publication or posting, provided that not
less than 3 copies of such rules and regulations in book or pamphlet form
shall have been filed, in the office of the County Clerk, for use and
examination by the public for at least 30 days prior to the adoption
thereof by the County Board.
Beginning on the effective date of this amendatory Act of the 92nd General
Assembly,
any county adopting a new building code or amending an existing
building code under this Section must, at least 30 days before adopting the
building code or
amendment, provide an identification of the building code, by title and
edition, or the amendment for identification under Section 10.18 of the Capital Development Board Act.
For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities
applicable to structures in the county.
The violation of any rule or regulation adopted pursuant to this Section,
except for a violation of the provisions of this amendatory Act of the 92nd
General Assembly and the rules and regulations adopted under those
provisions,
shall be a petty offense.
All rules and regulations enacted by resolution or ordinance under the
provisions of this Section shall be enforced by such officer of the county
as may be designated by resolution of the County Board.
No such resolution or ordinance shall be enforced if it is in conflict
with any law of this State or with any rule of the Department of Public
Health.
(Source: P.A. 99-639, eff. 7-28-16.)
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(55 ILCS 5/5-1063.5) Sec. 5-1063.5. Permits for demolition and renovation; asbestos. Before a county may issue a demolition or renovation permit for property that is regulated under Part 61 of Title 40 of the Code of Federal Regulations (NESHAP), the county must notify the permit applicant of the requirement to file a NESHAP notification form with the Illinois Environmental Protection Agency, as required by Section 61.145(b) of Title 40 of the Code of Federal Regulations. A county may seek assistance from the Illinois Environmental Protection Agency or any other State agency in developing procedures to implement the provisions of this Section.
(Source: P.A. 96-1536, eff. 3-4-11.) |
(55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064)
Sec. 5-1064. Buildings in certain counties of less than 1,000,000
population. The county board in any county with a population not in
excess of 1,000,000 located in the area served by the Northeastern Illinois
Metropolitan Area Planning Commission may prescribe by resolution or
ordinance reasonable rules and regulations (a) governing the construction
and alteration of all buildings and structures and parts and appurtenances
thereof and governing the maintenance thereof in a condition reasonably
safe from the hazards of fire, explosion, collapse, contagion and the
spread of infectious disease, but any such resolution or ordinance shall be
subject to any rule or regulation now or hereafter adopted by the State
Fire Marshal pursuant to "An Act to regulate the storage,
transportation, sale and use of gasoline and volatile oils", approved June
28, 1919, as amended, (b) for prohibiting the use for residential purposes
of buildings and structures already erected or moved into position which do
not comply with such rules and regulations, and (c) for the restraint,
correction and abatement of any violations. However, the county shall
exempt all municipalities located wholly or partly within the county where
the municipal building code is equal to the county regulation and where the
local authorities are enforcing the municipal building code. Such rules and
regulations shall be applicable throughout the county but this Section
shall not be construed to prevent municipalities from establishing higher
standards nor shall such rules and regulations apply to the construction or
alteration of buildings and structures used or to be used for agricultural
purposes and located upon a tract of land which is zoned and used for
agricultural purposes.
In the adoption of rules and regulations under this Section the county
board shall be governed by the publication and posting requirements set out
in Section 5-1063.
Beginning on the effective date of this amendatory Act of the 92nd General
Assembly,
any county adopting a new building code or amending an existing
building code under this Section must, at least 30 days before adopting the
building code or
amendment, provide an identification of the building code, by title and
edition, or the amendment for identification under Section 10.18 of the Capital Development Board Act.
For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities
applicable to structures in the county.
Violation of any rule or regulation adopted pursuant to this Section,
except for a violation of the provisions of this amendatory Act of the 92nd
General Assembly and the rules and regulations adopted under those
provisions,
shall be deemed a petty offense.
All rules and regulations enacted by resolution or ordinance under the
provisions of this Section shall be enforced by such officer of the county
as may be designated by resolution of the county board.
(Source: P.A. 99-639, eff. 7-28-16.)
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(55 ILCS 5/5-1064.5) Sec. 5-1064.5. Wildlife and sensitive habitat risk in counties of less than 1,000,000 population. The county board of a county with a population of less than 1,000,000 may establish minimum requirements for new building design and construction to lessen the risks caused by new building design and construction to wildlife and sensitive habitats.
(Source: P.A. 103-246, eff. 6-30-23.) |
(55 ILCS 5/5-1065) (from Ch. 34, par. 5-1065)
Sec. 5-1065.
Civil liability for rentals in excess of number
permitted by ordinance.
(a) The owner of a building located in a county
having a population in excess of 100,000 inhabitants who, directly or
indirectly, has collected, or caused to be collected, rentals from an
occupant of that building during a period in which the number of apartments
or family units in that building exceeded the number permitted for that
building by an ordinance of the county in which the building is located, is
liable to any such occupant in an amount equal to not more than 3 times the
amount of any rentals paid by any such occupant, or in his behalf, after
January 1, 1970, together with court costs and reasonable attorney's fees.
If the occupant is a recipient of public aid under Article III, IV, or VI
of "the Illinois Public Aid Code", as amended, in whose behalf vendor payment
of the rental was made by the Illinois Department of Public Aid, the
Department of Human Services (acting as successor to the Department of Public
Aid under the Department of Human Services Act), or a local
governmental unit, as the case may be, the liability as herein provided is
to the Illinois Department of Public Aid, the Department of Human Services
(acting as successor to the Department of Public Aid under the Department of
Human Services Act), or the local governmental unit
making the vendor payment of the rental.
(b) For the purposes of this Section:
(1) "Owner" means the legal or beneficial owner of a | ||
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(2) "Family unit" means a room or group of rooms used | ||
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(c) No liability accrues under this Section until 30 days after the
owner of record of a building has been notified in writing that such owner
is in violation of any such municipal ordinance. Such notice shall be
personally served upon such owner of record or sent by registered mail to
the last known address of such owner.
(Source: P.A. 89-507, eff. 7-1-97.)
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(55 ILCS 5/5-1066) (from Ch. 34, par. 5-1066)
Sec. 5-1066.
Artificial basins of water used for swimming or wading.
The county board may prescribe rules and regulations for the
construction of privately owned artificial basins of water used for
swimming or wading, which use or need external buttresses or which are dug
into the ground, located on private residential property and intended for
the use of the owner and guests. The county shall, however, exempt all
municipalities located wholly or partly within the county where the
municipal building code is equal to or of higher standard than the county
regulation and where the local authorities are enforcing the municipal
building code.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1067) (from Ch. 34, par. 5-1067)
Sec. 5-1067.
Names of streets and highways; numbers of buildings and
lots. A county board may name or may change the name of any
street, lane, road or highway and may regulate the numbering of
buildings and lots adjacent to any street, lane, road or highway in the
unincorporated area of the county.
In counties under 1,000,000 population, a county board may name or change
the name of any road in the county highway system or any trail under its
jurisdiction.
(Source: P.A. 88-387.)
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(55 ILCS 5/5-1068) (from Ch. 34, par. 5-1068)
Sec. 5-1068.
Property record system.
A county board may expend
monies for the preparation, establishment and maintenance of a detailed
property record system which would provide information useful to assessment
officials. Such detailed property record system shall be available to all
assessing officials.
The county board may enter into contracts with persons, firms or
corporations for the preparation and establishment of such record
system.
The detailed property record system shall include up-to-date and
complete tax maps except where these are otherwise already available or
ordered, ownership lists, valuation standards, property record cards,
including appraisals, for all or any part of the property in the county
in accordance with reasonable rules and procedures prescribed by the
Department of Revenue, but such system and records
shall not be considered to be assessments nor limit the powers and
duties of assessing officials, except that when any reappraisal of
property is made and included in such record system, such assessing
officials shall use the reappraisal value as a basis for assessment
purposes.
The expense of the preparation, establishment and maintenance of a
detailed property record system shall be borne by the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1069) (from Ch. 34, par. 5-1069) (Text of Section from P.A. 101-580) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county may arrange to provide, for the benefit of employees of the county, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, including a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provide for payment by the county of a portion or all of the premium or charge for the insurance with the employee paying the balance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the county board does not provide for self-insurance or for a plan under which the county pays a portion or all of the premium or charge for a group insurance plan, the county board may provide for withholding and deducting from the compensation of those employees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exercise the powers granted in this Section only if it provides for self-insurance or, where it makes arrangements to provide group insurance through an insurance carrier, if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may enact an ordinance prescribing the method of operation of the insurance program. (d) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the county elects to provide mammograms itself under Section 5-1069.1. The coverage shall be as follows: (1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A county, including a home rule county, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (e) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary employees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former employees and retired former elected or appointed officials of the county. (g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 100-513, eff. 1-1-18; 101-580, eff. 1-1-20.) (Text of Section from P.A. 103-808) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county may arrange to provide, for the benefit of employees of the county, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, including a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provide for payment by the county of a portion or all of the premium or charge for the insurance with the employee paying the balance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the county board does not provide for self-insurance or for a plan under which the county pays a portion or all of the premium or charge for a group insurance plan, the county board may provide for withholding and deducting from the compensation of those employees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exercise the powers granted in this Section only if it provides for self-insurance or, where it makes arrangements to provide group insurance through an insurance carrier, if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may enact an ordinance prescribing the method of operation of the insurance program. (d) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all patients 35 years of age or older for the presence of occult breast cancer unless the county elects to provide mammograms itself under Section 5-1069.1. The coverage shall be as follows: (1) A baseline mammogram for patients 35 to 39 years | ||
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(2) An annual mammogram for patients 40 years of age | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(4.5) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A county, including a home rule county, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (e) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary employees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former employees and retired former elected or appointed officials of the county. (g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-808, eff. 1-1-26.) (Text of Section from P.A. 103-818) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county may arrange to provide, for the benefit of employees of the county, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, including a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provide for payment by the county of a portion or all of the premium or charge for the insurance with the employee paying the balance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the county board does not provide for self-insurance or for a plan under which the county pays a portion or all of the premium or charge for a group insurance plan, the county board may provide for withholding and deducting from the compensation of those employees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exercise the powers granted in this Section only if it provides for self-insurance or, where it makes arrangements to provide group insurance through an insurance carrier, if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may enact an ordinance prescribing the method of operation of the insurance program. (d) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the county elects to provide mammograms itself under Section 5-1069.1. The coverage shall be as follows: (1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
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(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A county, including a home rule county, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (d-25) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage, the insurance coverage shall include joint mental health therapy services for any member of the Sheriff's office, including the sheriff, and any spouse or partner of the member who resides with the member. The joint mental health therapy services provided under this subsection shall be performed by a physician licensed to practice medicine in all of its branches, a licensed clinical psychologist, a licensed clinical social worker, a licensed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (e) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary employees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former employees and retired former elected or appointed officials of the county. (g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 103-818, eff. 1-1-25.) (Text of Section from P.A. 103-1011) Sec. 5-1069. Group life, health, accident, hospital, and medical insurance. (a) The county board of any county may arrange to provide, for the benefit of employees of the county, group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, or the county board may self-insure, for the benefit of its employees, all or a portion of the employees' group life, health, accident, hospital, and medical insurance, or any one or any combination of those types of insurance, including a combination of self-insurance and other types of insurance authorized by this Section, provided that the county board complies with all other requirements of this Section. The insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The county board may provide for payment by the county of a portion or all of the premium or charge for the insurance with the employee paying the balance of the premium or charge, if any. If the county board undertakes a plan under which the county pays only a portion of the premium or charge, the county board shall provide for withholding and deducting from the compensation of those employees who consent to join the plan the balance of the premium or charge for the insurance. (b) If the county board does not provide for self-insurance or for a plan under which the county pays a portion or all of the premium or charge for a group insurance plan, the county board may provide for withholding and deducting from the compensation of those employees who consent thereto the total premium or charge for any group life, health, accident, hospital, and medical insurance. (c) The county board may exercise the powers granted in this Section only if it provides for self-insurance or, where it makes arrangements to provide group insurance through an insurance carrier, if the kinds of group insurance are obtained from an insurance company authorized to do business in the State of Illinois. The county board may enact an ordinance prescribing the method of operation of the insurance program. (d) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include screening by low-dose mammography for all women 35 years of age or older for the presence of occult breast cancer unless the county elects to provide mammograms itself under Section 5-1069.1. The coverage shall be as follows: (1) A baseline mammogram for women 35 to 39 years of | ||
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(2) An annual mammogram for women 40 years of age or | ||
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(3) A mammogram at the age and intervals considered | ||
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(4) For a group policy of accident and health | ||
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(5) For a group policy of accident and health | ||
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A policy subject to this subsection shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided; except that this sentence does not apply to coverage of diagnostic mammograms to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code (26 U.S.C. 223). For purposes of this subsection: "Diagnostic mammogram" means a mammogram obtained using diagnostic mammography. "Diagnostic mammography" means a method of screening that is designed to evaluate an abnormality in a breast, including an abnormality seen or suspected on a screening mammogram or a subjective or objective abnormality otherwise detected in the breast. "Low-dose mammography" means the x-ray examination of the breast using equipment dedicated specifically for mammography, including the x-ray tube, filter, compression device, and image receptor, with an average radiation exposure delivery of less than one rad per breast for 2 views of an average size breast. The term also includes digital mammography. (d-5) Coverage as described by subsection (d) shall be provided at no cost to the insured and shall not be applied to an annual or lifetime maximum benefit. (d-10) When health care services are available through contracted providers and a person does not comply with plan provisions specific to the use of contracted providers, the requirements of subsection (d-5) are not applicable. When a person does not comply with plan provisions specific to the use of contracted providers, plan provisions specific to the use of non-contracted providers must be applied without distinction for coverage required by this Section and shall be at least as favorable as for other radiological examinations covered by the policy or contract. (d-15) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include mastectomy coverage, which includes coverage for prosthetic devices or reconstructive surgery incident to the mastectomy. Coverage for breast reconstruction in connection with a mastectomy shall include: (1) reconstruction of the breast upon which the | ||
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(2) surgery and reconstruction of the other breast to | ||
| ||
(3) prostheses and treatment for physical | ||
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Care shall be determined in consultation with the attending physician and the patient. The offered coverage for prosthetic devices and reconstructive surgery shall be subject to the deductible and coinsurance conditions applied to the mastectomy, and all other terms and conditions applicable to other benefits. When a mastectomy is performed and there is no evidence of malignancy then the offered coverage may be limited to the provision of prosthetic devices and reconstructive surgery to within 2 years after the date of the mastectomy. As used in this Section, "mastectomy" means the removal of all or part of the breast for medically necessary reasons, as determined by a licensed physician. A county, including a home rule county, that is a self-insurer for purposes of providing health insurance coverage for its employees, may not penalize or reduce or limit the reimbursement of an attending provider or provide incentives (monetary or otherwise) to an attending provider to induce the provider to provide care to an insured in a manner inconsistent with this Section. (d-20) The requirement that mammograms be included in health insurance coverage as provided in subsections (d) through (d-15) is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. A home rule county to which subsections (d) through (d-15) apply must comply with every provision of those subsections. (e) The term "employees" as used in this Section includes elected or appointed officials but does not include temporary employees. (f) The county board may, by ordinance, arrange to provide group life, health, accident, hospital, and medical insurance, or any one or a combination of those types of insurance, under this Section to retired former employees and retired former elected or appointed officials of the county. (g) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (h) If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include, on and after June 1, 2025, mental health counseling for any county employee who is a first responder without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided, except that this subsection does not apply to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code. The requirement that mental health counseling be included in health insurance coverage as provided in this subsection is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of home rule county powers. As used in this subsection: "First responders" means police and corrections officers, deputy sheriffs, firefighters, emergency medical services personnel, as that term is defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, dispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3.70 of the Emergency Medical Services (EMS) Systems Act, public safety telecommunicators, as that term is defined in Section 2 of the Emergency Telephone System Act, and mental health professionals employed and dispatched by any unit of local government in response to emergency crisis calls received on public emergency service lines instead of or in conjunction with law enforcement. "Mental health counseling" means counseling therapy sessions provided by a clinical social worker, professional counselor, or licensed psychologist. (Source: P.A. 103-1011, eff. 1-1-25.) |
(55 ILCS 5/5-1069.1) (from Ch. 34, par. 5-1069.1)
Sec. 5-1069.1.
Mammograms.
A county, including a home rule county,
that does not provide insurance coverage of mammograms under Section 5-1069
shall itself provide or cause to be provided to its employees mammograms
that meet the requirements set forth in that Section. The requirement that
mammograms be provided by counties as provided in this Section is an
exclusive power and function of the State and is a denial and limitation
under Article VII, Section 6, subsection (h) of the Illinois Constitution
of home rule county powers. A home rule county to which this Section
applies must comply with every provision of this Section.
(Source: P.A. 87-780.)
|
(55 ILCS 5/5-1069.2)
Sec. 5-1069.2.
Post-parturition care.
If a county, including a home rule county, is a self-insurer for
purposes of providing health insurance coverage for its employees, the coverage
shall include coverage for the post-parturition care benefits required to be
covered by a policy of accident and health insurance under Section 356s of the
Illinois Insurance Code. The requirement that post-parturition
care be covered as provided in this Section is an exclusive power and function
of the State and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule county to which this
Section applies must comply with every provision of this Section.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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(55 ILCS 5/5-1069.3) (Text of Section from P.A. 103-605) Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-718) Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-718, eff. 7-19-24.) (Text of Section from P.A. 103-751) Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, and 356z.71 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-751, eff. 8-2-24.) (Text of Section from P.A. 103-914) Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356u.10, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, and 356z.70 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-914, eff. 1-1-25.) (Text of Section from P.A. 103-918 and 103-1024) Sec. 5-1069.3. Required health benefits. If a county, including a home rule county, is a self-insurer for purposes of providing health insurance coverage for its employees, the coverage shall include coverage for the post-mastectomy care benefits required to be covered by a policy of accident and health insurance under Section 356t and the coverage required under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.48, 356z.51, 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, 356z.60, 356z.61, 356z.62, 356z.64, 356z.67, 356z.68, 356z.70, and 356z.71 of the Illinois Insurance Code. The coverage shall comply with Sections 155.22a, 355b, 356z.19, and 370c of the Illinois Insurance Code. The Department of Insurance shall enforce the requirements of this Section. The requirement that health benefits be covered as provided in this Section is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution. A home rule county to which this Section applies must comply with every provision of this Section. Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-84, eff. 1-1-24; 103-91, eff. 1-1-24; 103-420, eff. 1-1-24; 103-445, eff. 1-1-24; 103-535, eff. 8-11-23; 103-551, eff. 8-11-23; 103-918, eff. 1-1-25; 103-1024, eff. 1-1-25.) |
(55 ILCS 5/5-1069.5) Sec. 5-1069.5. Access to obstetrical and gynecological care. All counties, including home rule counties, are subject to the provisions of Section 356r of the Illinois Insurance Code. The requirement under this Section that health care benefits provided by counties comply with Section 356r of the Illinois Insurance Code is an exclusive power and function of the State and is a denial and limitation of home rule county powers under Article VII, Section 6, subsection (h) of the Illinois Constitution.(Source: P.A. 103-718, eff. 7-19-24.) |
(55 ILCS 5/5-1069.8)
Sec. 5-1069.8.
Managed Care Reform and Patient Rights Act.
All counties,
including
home rule counties, are subject to the provisions of the Managed Care Reform
and
Patient Rights Act. The
requirement
under this
Section that health care benefits provided by counties comply with the Managed
Care Reform and Patient Rights Act is an exclusive power and function of the
State
and is
a denial and limitation of home rule county powers under Article VII, Section
6, subsection (h) of the Illinois Constitution.
(Source: P.A. 91-617, eff. 1-1-00.)
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(55 ILCS 5/5-1070) (from Ch. 34, par. 5-1070)
Sec. 5-1070.
Pounds.
A county board may
establish and maintain one or more pounds, appoint a
poundmaster and fix his fees and charges.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1071) (from Ch. 34, par. 5-1071)
Sec. 5-1071. Dogs running at large. The county board of each county
may regulate and prohibit the running at large of dogs in unincorporated
areas of the county which have been subdivided for residence purposes. The
county board may impose such fines or penalties as are deemed proper to
effectuate any such regulation or prohibition of dogs running at large,
except when a fine or penalty is already allowed by law.
(Source: P.A. 94-819, eff. 5-31-06.)
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(55 ILCS 5/5-1071.1) (from Ch. 34, par. 5-1071.1)
Sec. 5-1071.1.
Vicious and dangerous dogs.
Counties may regulate
vicious and dangerous dogs in accordance with the provisions of the Animal
Control Act.
(Source: P.A. 86-1460.)
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(55 ILCS 5/5-1072) (from Ch. 34, par. 5-1072)
Sec. 5-1072.
Covering or sealing of wells or cisterns.
A county
board may regulate the covering or sealing of wells or cisterns.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1073) (from Ch. 34, par. 5-1073)
Sec. 5-1073.
Sealing of toilet facilities on boats.
A county
board may provide that toilet facilities be sealed upon all boats when
such boats are on waters within the boundaries of the county. The method of
sealing shall be any reasonable system which the county board may, in its
discretion, designate.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1074) (from Ch. 34, par. 5-1074)
Sec. 5-1074.
Surveys in counties of less than 1,000,000.
In
counties of less than 1,000,000 inhabitants, a county board may employ and
fix the compensation for any person, firm or corporation for the purposes
of conducting all necessary surveys and performing all appropriate acts
with a view to obtaining the location of commercial enterprises in the
employing county. Such person, firm or corporation shall serve at the
pleasure of the County Board.
"Commercial enterprise" means any industrial, service, retail or
wholesale organization of any kind and any other undertaking likely to be
beneficial by its presence and operation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1075) (from Ch. 34, par. 5-1075)
Sec. 5-1075.
Continuity of administrative and legislative
functions in event of enemy attack. A county board may provide
for the continuity of the administrative and legislative functions
of the county in the event of attack upon the United States.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1076) (from Ch. 34, par. 5-1076)
Sec. 5-1076.
Gambling devices.
A county board may
license, tax, regulate, or
prohibit pinball games or
machines, bagatelle, pigeon-hole, pool, or any other tables or implements
kept for similar purpose in any place of public resort, outside the
corporate limits of all cities, villages and incorporated towns and to
license, tax or regulate bowling alleys and billiard establishments so
located.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1077) (from Ch. 34, par. 5-1077)
Sec. 5-1077.
Eradication of fungous elm disease.
A county board may
adopt reasonable regulations for the control and eradication of a fungous
disease of elms caused by Graphium ulmi, commonly known as Dutch elm
disease or elm blight. Such regulations shall be applicable to all area
outside the corporate limits of any municipality. No such regulation shall
permit the use of poisonous sprays.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1078) (from Ch. 34, par. 5-1078)
Sec. 5-1078.
Curfew time for minors.
A county board may establish a
curfew time for minors applicable throughout such county, except within the
corporate limits of any city, village or incorporated town.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1078.2) Sec. 5-1078.2. Truants. A county board may adopt ordinances to regulate truants within the unincorporated areas of its jurisdiction. These ordinances may include a graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 10 years of age or older and may provide for enforcement by citation or through administrative hearings as determined by ordinance. If the violator is under 10 years of age, the parent or custodian of the violator is subject to the fine or community service, or both. As used in this Section, "truants" means persons who are within the definition of "truant" in Section 26-2a of the School Code. A home rule unit may not regulate truants in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.
(Source: P.A. 94-1011, eff. 7-7-06.) |
(55 ILCS 5/5-1078.5)
Sec. 5-1078.5.
Graffiti.
A county board may ban graffiti
within the county, except within the corporate limits of a
municipality, and may establish penalties.
(Source: P.A. 88-572, eff. 8-11-94.)
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(55 ILCS 5/5-1079) (from Ch. 34, par. 5-1079)
Sec. 5-1079.
Liability insurance.
A county board may insure against
any loss or liability of any officer, employee or agent of the county
resulting from the wrongful or negligent act of any such officer, employee
or agent while discharging and engaged in his duties and functions and
acting within the scope of his duties and functions as an officer, employee
or agent of the county. Such insurance shall be carried with a company
authorized by the Department of Insurance to write such coverage in Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1080) (from Ch. 34, par. 5-1080)
Sec. 5-1080.
(Repealed).
(Source: P.A. 86-1364. Repealed by P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-1081) (from Ch. 34, par. 5-1081)
Sec. 5-1081.
Reacquisition of property by former owner after
foreclosure of demolition lien. No owner of property who held title to
the property when property taxes became delinquent and which taxes were
still delinquent at the time of the foreclosure of a demolition lien by the
county board of any county or the acceptance of a deed of conveyance in
lieu of foreclosing such lien and no person, firm, association, corporation
or other entity related to or associated with any such owner shall within
10 years after title vests in the county reacquire any right, title or
interest in or to such property.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1082) (from Ch. 34, par. 5-1082)
Sec. 5-1082.
Cash reimbursement fund.
For the purpose of enabling
the county board to pay in cash such warrants and other demands as may be
presented for payment in cash, the county board is authorized to establish
a cash reimbursement fund, and to appoint the finance director or if there
is no finance director, the county clerk, as custodian of such fund. Such
custodian shall be bonded and the bond approved by the county board. The
amount of said cash reimbursement fund shall at no time exceed the sum of
$2,000. No single claim paid out of this fund shall exceed $100. The
custodian shall keep proper records of such fund, showing the amounts
received from the county treasury, the amounts paid out by him by check
from day to day and the county funds and accounts charged on account of
such payments.
The custodian shall make regular reports to the county board, at least
quarterly, and the county official responsible for auditing county records
shall audit the books and records of the custodian from time to time as
he sees fit, but at least quarterly.
The county board may, by resolution, prescribe rules and regulations
relating to the cash reimbursement fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1083) (from Ch. 34, par. 5-1083)
Sec. 5-1083.
Purchase or lease of property.
A county board may purchase or
lease any real estate or personal property for public purposes under contracts
providing for payment in installments over a period of time of not more than
20 years in the case of real estate, and not more than 10 years in the case of
personal property, with interest on the unpaid balance owing not to exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the time
of the making of the contract. The indebtedness incurred under this Section
when aggregated with existing indebtedness may not exceed the debt limits
provided in Section 5-1012.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 or "An Act to
revise the law in relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 92-651, eff. 7-11-02.)
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(55 ILCS 5/5-1084) (from Ch. 34, par. 5-1084)
Sec. 5-1084.
Regulation of water craft.
In a county having less than
1,000,000 population, in public waters not under the jurisdiction of any
municipality, the county board may regulate all water craft in a manner not
inconsistent with the provisions of the "Boat Registration and Safety Act",
as now or hereafter amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1085) (from Ch. 34, par. 5-1085)
Sec. 5-1085.
Ambulances.
In counties of 1,000,000 or more
inhabitants, a county board may license and regulate ambulances
and ambulance drivers, attendants and equipment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1085.5)
Sec. 5-1085.5.
Homicide and questionable death protocol.
Each county,
except home rule counties, must
establish a written protocol to deal with homicides and questionable deaths.
The protocol
must be promulgated by the Coroner, Sheriff, State's Attorney, all fire
departments and
fire protection districts located in the county, and all police departments
located in the
county. The protocol must include at least the following:
(a) the types of deaths that fall under the scope of | ||
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(b) the agencies concerned with the death;
(c) the area of responsibility for each agency | ||
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(d) uniform procedures concerning homicides and | ||
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If, prior to the effective date of this amendatory Act of the 92nd
General Assembly, a county has established a written protocol that was agreed
to
by the agencies specified in this Section to deal with homicides and
questionable deaths, then that protocol is deemed to satisfy the requirements
of
this Section.
The protocol shall not interfere with reasonable attempts to preserve
life, attempt resuscitation, or provide necessary medical services.
(Source: P.A. 92-802, eff. 1-1-03.)
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(55 ILCS 5/5-1086) (from Ch. 34, par. 5-1086)
Sec. 5-1086.
Clinic for alcoholics and substance abusers.
A county board
may cause to be erected, or otherwise provided and maintained, all suitable
buildings for a clinic for the medical care, treatment and rehabilitation
of all persons suffering from alcoholism and substance abuse who may be
admitted to the clinic by, or under the direction of the board, and to
provide for the maintenance and management of same.
(Source: P.A. 86-962; 87-805.)
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(55 ILCS 5/5-1086.1) (from Ch. 34, par. 5-1086.1)
Sec. 5-1086.1.
Substance Abuse Services Fund.
(a) In any county that has by county board action established a program
of pretrial bond home supervision by use of an approved monitoring device,
or a program using an approved monitoring device as a condition of
probation or conditional discharge, the county treasurer shall establish a
substance abuse services fund. Fees collected under paragraph (b)(14.1) of
Section 110-10 of the Code of Criminal Procedure of 1963 and paragraph
(b)(10)(iv) of Section 5-6-3 of the Unified Code of Corrections shall be
deposited
into this fund. The county treasurer shall not disburse the monies from
the fund except at the direction of the county board in each county.
(b) Monies in the substance abuse fund shall only be appropriated by the
county board to be used within the county where collected for the
establishment and maintenance of facilities and programs for the medical
care, treatment or rehabilitation of all persons suffering from substance
abuse problems, including the hospitalization of pregnant women who are
addicted to alcohol, cannabis or controlled substances and for needed care
of their newborn children.
(c) Monies expended from the substance abuse services fund shall be used
to supplement, not supplant, county appropriations for substance abuse
services.
(d) Interest earned on monies deposited in the substance abuse services
fund may be used by the county for its ordinary and contingent expenditures.
(Source: P.A. 90-399, eff. 1-1-98.)
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(55 ILCS 5/5-1087) (from Ch. 34, par. 5-1087)
Sec. 5-1087.
Alteration of duties, powers and functions of county
officers. No county board may alter the duties, powers and functions of
county officers that are specifically imposed by law. A county board may
alter any other duties, powers or functions or impose additional duties,
powers and functions upon county officers. In the event of a conflict State
law prevails over county ordinance.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1088) (from Ch. 34, par. 5-1088)
Sec. 5-1088.
Grants to Community Action Agencies.
A county
board may make grants to Community Action Agencies which serve
residents within the county from funds received by the county pursuant
to the "State and Local Fiscal Assistance Act of 1972". Community Action
Agencies are defined as in Part A of Title II of the Federal Economic
Opportunity Act of 1964, as amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1089) (from Ch. 34, par. 5-1089)
Sec. 5-1089.
Youth service bureaus.
A county board may provide
for the establishment or maintenance, or may enter into
contractual agreements with other counties, townships or municipalities for
the establishment or maintenance of youth service bureaus, or may enter into
contractual agreements with established youth service bureaus, public or
private, serving the general area of the county. Such agreements shall be
written and shall provide for services to residents of the county under 18
years of age, but agencies providing such services to adults in addition to
youths may qualify as youth service bureaus. "Youth service bureau" means
any public or private agency providing, or arranging for the provision of,
assistance to persons referred to such bureau by law enforcement officials,
court agencies and other agencies and individuals with the intention of
diverting such persons from formal processes of the court. However, this
Section shall not be construed to amend, modify or have any effect on
the Juvenile Court Act of 1987, as amended. For the purposes
of this Section, the county board is authorized to expend moneys not
appropriated for other purposes, including funds made available from the
federal "State and Local Fiscal Assistance Act of 1972". This Section shall
not constitute a limitation on or a prohibition of the exercise of powers
of a home rule county.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1090) (from Ch. 34, par. 5-1090)
Sec. 5-1090.
Runaway or homeless youths.
A county board may annually
appropriate funds to private nonprofit organizations for the purpose of
providing services to runaway or homeless youths and their families. The
services may include temporary shelter, food, clothing, medical care,
transportation, individual and family counseling, and any other service
necessary to provide adequate temporary, protective care for runaway or
homeless youths, and to reunite the youths with their parents or guardians.
For the purposes of this Section, "runaway or homeless youth" means a
person under the age of 18, who is absent from his legal residence without
the consent of his parent or legal guardian, or who is without a place of
shelter where supervision and care are available.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1091) (from Ch. 34, par. 5-1091)
Sec. 5-1091.
Transportation vehicles or services for senior citizens.
A county board may expend funds or make grants or loans of funds derived
either from taxes collected annually for county purposes or from funds
received by the county pursuant to the "State and Local Fiscal Assistance
Act of 1972" for the purposes of providing transportation vehicles or
services for senior citizens. Such transportation vehicles or services may
be provided by the county or through a not-for-profit corporation. If such
transportation vehicles or services are provided by a not-for-profit
corporation the county board shall enter into an appropriate contract or
contracts to insure that such funds as may be made available by the county
to the not-for-profit corporation are used for the purposes of providing
transportation vehicles or services for senior citizens.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1092) (from Ch. 34, par. 5-1092)
Sec. 5-1092. Inoperable motor vehicles. A county board may
declare by ordinance inoperable motor vehicles, whether on public or
private property, to be a nuisance and authorize fines to be levied for the
failure of any person to obey a notice received from the county which
states that such person is to dispose of any inoperable motor vehicles
under his control, and may authorize a law enforcement agency, with
applicable jurisdiction, to remove, after 7 days from the issuance of the
county notice, any inoperable motor vehicle or parts thereof. However,
nothing in this Section shall apply to any motor vehicle that is kept
within a building when not in use, to operable historic vehicles over 25
years of age, or to a motor vehicle on the premises of a place of business
engaged in the wrecking or junking of motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor
vehicle from which, for a period of at least 7 days or any
longer period of time fixed by ordinance, the engine, wheels
or other parts have been removed, or on which the engine, wheels or other
parts have been altered, damaged or otherwise so treated that the vehicle
is incapable of being driven under its own motor power. "Inoperable motor
vehicle" shall not include a motor vehicle which has been rendered
temporarily incapable of being driven under its own motor power in order to
perform ordinary service or repair operations. In a non-home rule county with a population of more than 500,000, "inoperable motor vehicle" also includes any motor vehicle that does not have a current license plate or current license tags attached to it if a current license plate or license tags are required under the Illinois Vehicle Code.
(Source: P.A. 95-918, eff. 8-26-08.)
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(55 ILCS 5/5-1093) (from Ch. 34, par. 5-1093)
Sec. 5-1093.
Federal funds.
A county board may receive funds from the United
States
government under the Housing and Community Development Act of 1974,
Public Law 93-383; the National Affordable Housing Act of 1990, Public Law
101-625; and the Housing and Community Development Act of 1992, Public Law
102-550 and may disburse those funds and other county
funds for community development and other housing program
activities.
The powers granted by this Section shall not be exercised within the
boundaries of any city, village or incorporated town unless the approval of
the corporate authorities of such municipality is first obtained.
The powers granted by this Section are in addition to powers otherwise
possessed by a county and shall not be construed as limitations of
such other powers.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/5-1094) (from Ch. 34, par. 5-1094)
Sec. 5-1094.
Funds received pursuant to Comprehensive Employment
and Training Act of 1973. A county board may receive funds from the
United States pursuant to the "Comprehensive Employment and Training Act of
1973", Public Law 93-203, and may disburse such funds together
with any other county funds for the purposes specified in that public law.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
Sec. 5-1095. Community antenna television systems; satellite
transmitted television programming. (a) The County Board may license,
tax or franchise the business of operating a community antenna television
system or systems within the County and outside of a municipality, as
defined in Section 1-1-2 of the Illinois Municipal Code.
When an area is annexed to a municipality, the annexing municipality
shall thereby become the franchising authority with respect to that portion
of any community antenna television system that, immediately before
annexation, had provided cable television services within the annexed area
under a franchise granted by the county, and the owner of that community
antenna television system shall thereby be authorized to provide cable
television services within the annexed area under the terms and provisions
of the existing franchise. In that instance, the franchise shall remain in
effect until, by its terms, it expires, except that any franchise fees
payable under the franchise shall be payable only to the county for a
period of 5 years or until, by its terms, the franchise expires, whichever
occurs first. After the 5 year period, any franchise fees payable under
the franchise shall be paid to the annexing municipality. In any
instance in which a duly franchised community antenna television system is
providing cable television services within the annexing municipality at the
time of annexation, the annexing municipality may permit that
franchisee to extend its community antenna television system to the annexed
area under terms and conditions that are no more burdensome nor less
favorable to that franchisee than those imposed under any community antenna
television franchise applicable to the annexed area at the time of annexation.
The authorization to extend cable television service to the annexed area and
any community antenna television system authorized to provide cable television
services within the annexed area at the time of annexation shall not be subject
to the provisions of subsection (e) of this Section.
(b) "Community antenna television system" as used in this Section, means
any facility which is constructed in whole or in part in, on, under or
over any highway or other public place and which is operated to perform
for hire the service of receiving and amplifying the signals broadcast
by one or more television stations and redistributing such signals by
wire, cable or other means to members of the public who subscribe to
such service except that such term does not include (i) any system which
serves fewer than 50 subscribers or (ii) any system which serves only
the residents of one or more apartment dwellings under common ownership,
control or management, and commercial establishments located on the
premises of such dwellings.
(c) The authority hereby granted does not include the authority to
license or franchise telephone companies subject to the jurisdiction of
the Illinois Commerce Commission or the Federal Communications
Commission in connection with furnishing circuits, wires, cables or
other facilities to the operator of a community antenna television
system.
(c-1) Each franchise entered into by a county and a community antenna television system shall include the customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act. A franchise may not contain different penalties or consumer service and privacy standards and protections. Each franchise entered into by a county and a community antenna television system before June 30, 2007 (the effective date of Public Act 95-9)
shall be amended by this Section to incorporate the penalty provisions and customer service and privacy standards and protections contained in Article XXII of the Public Utilities Act.
The County Board may, in the course of franchising such community antenna
television system, grant to such franchisee the authority and the right
and permission to use all public streets, rights of way, alleys, ways for
public service facilities, parks, playgrounds, school grounds, or other
public grounds, in which such county may have an interest, for the
construction, installation, operation, maintenance, alteration, addition,
extension or improvement of a community antenna television system.
Any charge imposed by a community antenna television system franchised
pursuant to this Section for the raising or removal of cables or lines to
permit passage on, to or from a street shall not exceed the reasonable
costs of work reasonably necessary to safely permit such passage. Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the Constitution
of the State of Illinois, the General Assembly declares the regulation of
charges which may be imposed by community antenna television systems for
the raising or removal of cables or lines to permit passage on, to or from
streets is a power or function to be exercised exclusively by the State and
not to be exercised or performed concurrently with the State by any unit of
local government, including any home rule unit.
The County Board may, upon written request by the franchisee of a community
antenna television system, exercise its right of eminent domain solely for
the purpose of granting an easement right no greater than 8 feet in width,
extending no greater than 8 feet from any lot line for the purpose of
extending cable across any parcel of property in the manner provided for by
the law of eminent domain, provided, however, such franchisee deposits with
the county sufficient security to pay all costs incurred by the county in
the exercise of its right of eminent domain.
Except as specifically provided otherwise in this Section, this
Section is not a limitation on any home rule county.
(d) The General Assembly finds and declares that satellite-transmitted
television programming should be available to those who desire to subscribe
to such programming and that decoding devices should be obtainable at
reasonable prices by those who are unable to obtain satellite-transmitted
television programming through duly franchised community antenna television
systems.
In any instance in which a person is unable to obtain
satellite-transmitted television programming through a duly franchised
community antenna television system either because the municipality and
county in which such person resides has not granted a franchise to operate
and maintain a community antenna television system, or because the duly
franchised community antenna television system operator does not make cable
television services available to such person, any programming company that
delivers satellite-transmitted television programming in scrambled or
encrypted form shall ensure that devices for decryption of such programming
are made available to such person, through the local community antenna
television operator or directly, for purchase or lease at prices reasonably
related to the cost of manufacture and distribution of such devices.
(e) The General Assembly finds and declares that, in order to ensure that
community antenna television services are provided in an orderly,
competitive and economically sound manner, the best interests of the public
will be served by the establishment of certain minimum standards and
procedures for the granting of additional cable television franchises.
Subject to the provisions of this subsection, the authority
granted under subsection (a) hereof shall include the authority to license,
franchise and tax more than one cable operator to provide community antenna
television services within the territorial limits of a single franchising
authority. For purposes of this subsection (e), the term:
(i) "Existing cable television franchise" means a | ||
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(ii) "Additional cable television franchise" means a | ||
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(iii) "Franchising Authority" is defined as that term | ||
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(iv) "Cable operator" is defined as that term is | ||
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Before granting an additional cable television franchise, the franchising
authority shall:
(1) Give written notice to the owner or operator of | ||
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(2) Conduct a public hearing to determine the public | ||
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(3) Determine, based upon the foregoing factors, | ||
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(4) If the franchising authority shall determine that | ||
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(5) Unless the existing cable television franchise | ||
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If within the 120 day period the franchising | ||
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No county shall be subject to suit for damages based upon the
county's determination to grant or its refusal to grant an additional cable
television franchise, provided that a
public hearing as herein provided has been held and the franchising
authority has determined that it is in the best interest of the
county to grant or refuse to grant such additional franchise, as the case
may be.
It is declared to be the law of this State, pursuant to paragraphs (h)
and (i) of Section 6 of Article VII of the Illinois Constitution, that the
establishment of minimum standards and procedures for the granting of
additional cable television franchises as provided in this subsection (e)
is an exclusive State power and function that may not be exercised
concurrently by a home rule unit.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
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(55 ILCS 5/5-1095.1)
Sec. 5-1095.1. County franchise fee or service provider fee review; requests for information. (a) If pursuant to its franchise agreement with a community antenna television system (CATV) operator, a county imposes a franchise fee authorized by 47 U.S.C. 542 or
if
a
community
antenna
television
system
(CATV)
operator
providing
cable
or
video
service
in
that
county is
required
to
pay
the
service
provider
fees
imposed
by
the
Cable
and
Video
Competition
Law
of
2007, then the county may conduct an audit of that CATV operator's franchise fees or service provider fees derived from the provision of cable and video services to subscribers within the franchise area to determine whether the amount of franchise fees or service provider fees paid by that CATV operator to the county was accurate. Any audit conducted under this subsection (a) shall determine, for a period of not more than 4 years after the date the franchise fees or service provider fees were due, any overpayment or underpayment to the county by the CATV operator, and the amount due to the county or CATV operator is limited to the net difference. (b) Not more than once every 2 years, a county or its agent that is authorized to perform an audit as set forth in subsection (a) may, subject to the limitations and protections stated in the Local Government Taxpayers' Bill of Rights Act, request information from the CATV operator in the format maintained by the CATV operator in the ordinary course of its business that the county reasonably requires in order to perform an audit under subsection (a). The information that may be requested by the county includes without limitation the following: (1) in an electronic format used by the CATV operator | ||
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(2) in a format used by the CATV operator in the | ||
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(c) The CATV operator must provide the information requested under subsection (b) within: (1) 60 days after the receipt of the request if the | ||
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(2) 90 days after the receipt of the request if the | ||
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The time in which a CATV operator must provide the information requested under subsection (b) may be extended by written agreement between the county or its agent and the CATV operator. (c-5) The
county
or
its
agent
must
provide
an
initial
report
of
its
audit
findings
to
the
CATV
operator
no
later
than
90
days
after
the
information
set
forth
in
subsection
(b) of this Section
has
been
provided
by
the
CATV
operator.
This
90-day
timeline
may
be
extended
one
time
by
written
agreement
between
the
county
or
its
agent
and
the
CATV
operator.
However,
in
no
event
shall
an
extension
of
time
exceed
90
days.
This
initial
report
of
audit
findings
shall
detail
the
basis
of
its
findings
and
provide,
but
not
be
limited
to,
the
following
information:
(i)
any
overpayments
of
franchise
fees
or
service
provider
fees,
(ii)
any
underpayments
of
franchise
fees
or
service
provider
fees,
(iii)
the complete list of all addresses within the corporate limits of the county for which the audit is being conducted, (iv) all
county
addresses
that
should
be
included
in
the
CATV
operator's
database
and
attributable
to
that
county
for
determination
of
franchise
fees
or
service
provider
fees,
and
(v)
addresses
that
should
not
be
included
in
the
CATV
operator's
database
and
addresses
that
are
not
attributable
to
that
county
for
determination
of
franchise
fees
or
service
provider
fees.
Generally
accepted
auditing
standards
shall
be
utilized
by
the
county
and
its
agents
in
its
review
of
information
provided
by
the
CATV
operator. (c-10)
In
the
event
that
the
county
or
its
agent
does
not
provide
the
initial
report
of
the
audit
findings
to
the
CATV
operator
with
the
timeframes
set
forth
in
subsection
(c-5) of this Section,
then
the
audit
shall
be
deemed
completed
and
to
have
conclusively
found
that
there
was
no
overpayment
or
underpayment
by
the
CATV
operator
for the audit period. Further, the county may not thereafter commence or conduct any such audit for the same audit period or for any part of that same audit period. (d) If an audit by the county or its agents finds an error by the CATV operator in the amount of the franchise fees or service provider fees paid by the CATV operator to the county, then the county shall notify the CATV operator of the error. Any such notice must be given to the CATV operator by the county or its agent within 90 days after the county or its agent discovers the error, and no later than 4 years after the date the franchise fee or service provider fee was due. Upon such a notice, the CATV operator must submit a written response within 60 days after receipt of the notice stating that the CATV operator has corrected the error on a prospective basis or stating the reason that the error is inapplicable or inaccurate. The county or its agent then has 60 days after the receipt of the CATV operator's response to review and contest the conclusion of the CATV operator. No legal proceeding to collect a deficiency or overpayment based upon an alleged error shall be commenced unless within 180 days after the county's notification of the error to the CATV operator the parties are unable to agree on the disposition of the audit findings. Any
legal
proceeding
to
collect
a
deficiency
as
set
forth
in
this subsection
(d)
shall
be
filed
in
the
appropriate
circuit
court. (e) No CATV operator is liable for any error in past franchise fee or service provider fee payments that was unknown by the CATV operator prior to the audit process unless (i) the error was due to negligence on the part of the CATV operator in the collection or processing of required data and (ii) the county had not failed to respond in writing in a timely manner to any written request of the CATV operator to review and correct information used by the CATV operator to calculate the appropriate franchise fees or service provider fees if a diligent review of such information by the county reasonably could have been expected to discover such error. (f) All account specific information provided by a CATV operator under this Section may be used only for the purpose of an audit conducted under this Section and the enforcement of any franchise fee or service provider fee delinquent claim. All such information must be held in strict confidence by the county and its agents and may not be disclosed to the public under the Freedom of Information Act or under any other similar statutes allowing for or requiring public disclosure. (f-5)
All
contracts
by
and
between
a
county
and
a
third
party
for
the
purposes
of
conducting
an
audit
as
contemplated
in
this
Code
shall
be
disclosed
to
the
public
under
the
Freedom
of
Information
Act
or
under
similar
statutes
allowing
for
or
requiring
public
disclosure. (g) For the purposes of this Section, "CATV operator" means a person or entity that provides cable and video services under a franchise agreement with a county pursuant to Section 5-1095 of the Counties Code and a holder authorized under Section 21-401 of the Cable and Video Competition Law of 2007 as consistent with Section 21-901 of that Law. (h) This Section does not apply to any action that was commenced, to any complaint that was filed, or to any audit that was commenced before the effective date of this amendatory Act of the 96th General Assembly. This Section also does not apply to any franchise agreement that was entered into before the effective date of this amendatory Act of the 96th General Assembly. (h-5) The audit procedures set forth in this Section shall be the exclusive audit procedures for: (i) any franchise agreement entered into, amended, or renewed on or after the effective date of this amendatory Act of the 100th General Assembly; and (ii) any franchise fee or service provider fee audit of a CATV operator commenced on or after the effective date of this amendatory Act of the 100th General Assembly. (i) The provisions of this Section shall not be construed as diminishing or replacing any civil remedy available to a county, taxpayer, or tax collector. (j) If a contingent fee is paid to an auditor, then the payment must be based upon the net difference of the complete audit. (k) A county shall provide to each CATV operator an updated complete list of addresses within the corporate limits of the county annually. In addition, the county shall provide a CATV operator the updated address list within 90 days after the date of a written request by the CATV operator. As a prerequisite to performing an audit of a CATV operator's franchise fees or service provider fees derived from the provision of cable and video services to subscribers within the franchise area, a county shall provide to a CATV operator the complete list of addresses within the corporate limits of the county for each calendar year subject to the audit. If an address is not included in the list or if no list is provided, the CATV operator shall be held harmless for any franchise fee underpayments, including penalty and interest, from situsing errors if it used a reasonable methodology to assign the address or addresses to a county. An address list provided by a county to a CATV operator shall be maintained as confidential by the CATV operator and shall only be used by the CATV operator for the purposes of determining the situs of any franchise fee or service provider fee. Any situs issues identified by a CATV operator as a result of the provision of an address list by a county to the CATV operator shall first be confirmed in writing to the county by the CATV operator prior to the CATV operator making any situs change that may result in a change of allocation of a franchise fee or service provider fee to the county. (l) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 99-6, eff. 6-29-15; 100-945, eff. 8-17-18.) |
(55 ILCS 5/5-1096) (from Ch. 34, par. 5-1096)
Sec. 5-1096. Community antenna television systems; interference with
and payment for access. (a) In any instance in which a county has granted
a franchise to any community antenna television company to construct,
operate or maintain a cable television system within a designated franchise
area, no property owner, condominium association, managing agent, lessee or
other person in possession or control of any residential building located
within such designated franchise area shall forbid or prevent any occupant,
tenant or lessee of any such building from receiving cable television
service from such franchisee, nor demand or accept payment from any such
occupant, tenant or lessee in any form as a condition of permitting the
installation of cable television facilities or the maintenance of cable
television service in any such building or any portion thereof occupied or
leased by such occupant, tenant or lessee, nor shall any such property
owner, condominium association, managing agent, lessee or other person
discriminate in rental charges or otherwise against any occupant, tenant or
lessee receiving cable service; provided, however, that the owner of such
building may require, in exchange and as compensation for permitting the
installation of cable television facilities within and upon such building,
the payment of just compensation to be paid by the cable television
franchisee which provides such cable television service, said sum to be
determined in accordance with the provisions of subparagraphs (c) and (d)
hereof, and provided further that the cable television franchisee
installing such cable television facilities shall agree to indemnify the
owner of such building for any damage caused by the installation, operation
or removal of such cable television facilities and service.
No community antenna television company shall install cable television
facilities within a residential building pursuant to this subparagraph (a)
unless an occupant, tenant or lessee of such residential building requests
the delivery of cable television services.
(b) In any instance in which a county has granted a franchise to any
community antenna television company to construct, operate or maintain a
cable television system within a designated franchise area, no property
owner, condominium association, managing agent, lessee or other person in
possession and control of any improved or unimproved real estate located
within such designated franchise area shall forbid or prevent such cable
television franchisee from entering upon such real estate for the purpose
of and in connection with the construction or installation of such cable
television system and cable television facilities, nor shall any such
property owner, condominium association, managing agent, lessee or other
person in possession or control of such real estate forbid or prevent such
cable television franchisee from constructing or installing upon, beneath
or over such real estate, including any buildings or other structures
located thereon, hardware, cable, equipment, materials or other cable
television facilities utilized by such cable franchisee in the construction
and installation of such cable television system; provided, however, that
the owner of any such real estate may require, in exchange and as
compensation for permitting the construction or installation of cable
television facilities upon, beneath or over such real estate, the payment
of just compensation by the cable television franchisee which provides such
cable television service, said sum to be determined in accordance with the
provisions of subparagraphs (c) and (d) hereof, and provided further that
the cable television franchisee constructing or installing such cable
television facilities shall agree to indemnify the owner of such real
estate for any damage caused by the installation, operation or removal of
such cable television facilities and service.
(c) In any instance in which the owner of a residential building or the
owner of improved or unimproved real estate intends to require the payment of
just compensation in excess of $1 in exchange for permitting the installation
of cable television facilities in and upon such building, or upon, beneath
or over such real estate, the owner shall serve written notice thereof upon
the cable television franchisee. Any such notice shall be served within
20 days of the date on which such owner is notified of the cable television
franchisee's intention to construct or install cable television facilities
in and upon such building, or upon, beneath or over such real estate. Unless
timely notice as herein provided is given by the owner to the cable television
franchisee, it will be conclusively presumed that the owner of any such
building or real estate does not claim or intend to require a payment of
more than $1 in exchange and as just compensation for permitting the
installation of cable television facilities within and upon such building,
or upon, beneath or over such real estate. In any instance in which a cable
television franchisee intends to install cable television facilities as
herein provided, written notice of such intention shall be sent by the
cable television franchisee to the property owner or to such person,
association or managing agent as shall have been appointed or otherwise
designated to manage or operate the property. Such notice shall include
the address of the property, the name of the cable television franchisee,
and information as to the time within which the owner may give notice,
demand payment as just compensation and initiate legal proceedings as
provided in this subparagraph (c) and subparagraph (d).
In any instance in which a community antenna television company intends to
install
cable television facilities within a residential building containing 12 or more
residential units or upon, beneath, or over real estate that is used as a site
for 12 or
more manufactured housing units,
12 or more mobile homes,
or a combination of 12 or more
manufactured housing units and mobile homes, the written notice shall further
provide that
the
property owner may require that the community antenna television company submit
to the owner written plans identifying the manner in which cable television
facilities
are to be installed, including the proposed location of coaxial cable.
Approval
of
those plans by the property owner shall not be unreasonably withheld and the
owners' consent to and approval of those plans shall be presumed unless, within
30
days after receipt thereof, or in the case of a condominium association, 90
days
after receipt thereof, the property owner identifies in writing the specific
manner in
which those plans deviate from generally accepted construction or safety
standards,
and unless the property owner contemporaneously submits an alternative
construction plan providing for the installation of cable television facilities
in an
economically feasible manner. The community antenna television company may
proceed with the plans originally submitted if an alternative plan is not
submitted by
the property owner within 30 days, or in the case of a condominium association,
90
days, or if an alternative plan submitted by the property owner fails to comply
with
generally accepted construction and safety standards or does not provide for
the installation of cable television facilities in an economically feasible
manner.
For purposes of this subsection, "mobile home" and "manufactured housing unit"
have
the same meaning as in the Illinois Manufactured Housing and Mobile Home Safety
Act.
(d) Any owner of a residential building described in subparagraph (a),
and any owner of improved or unimproved real estate described in subparagraph
(b), who shall have given timely written notice to the cable television
franchisee as provided in subparagraph (c), may assert a claim for just
compensation in excess of $1 for permitting the installation of cable
television facilities within and upon such building, or upon, beneath or
over such real estate. Within 30 days after notice has been given in
accordance with subparagraph (c), the owner shall advise the cable
television franchisee in writing of the amount claimed as just compensation.
If within
60 days after the receipt of the owner's claim, the cable television franchisee
has not agreed to pay the amount claimed or some other amount acceptable
to the owner, the owner may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice given by
the cable television franchisee pursuant to subparagraph (c) hereof. In
any action brought to determine such amount, the owner may submit evidence
of a decrease in the fair market value of the property occasioned by the
installation or location of the cable on the property, that the
owner has a specific alternative use for the space occupied by cable television
facilities, the loss of which will result in a monetary loss to the owner,
or that installation of cable television facilities within and upon such
building or upon, beneath or over such real estate otherwise substantially
interferes with the use and occupancy of such building to an extent which
causes a decrease in the fair market value of such building or real estate.
(e) Neither the giving of a notice by the owner under subparagraph (c),
nor the assertion of a specific claim, nor the initiation of legal action
to enforce such claim, as provided under subparagraph (d), shall delay or
impair the right of the cable television franchisee to construct or install
cable television facilities and maintain cable television services within
or upon any building described in subparagraph (a) or upon, beneath or over
real estate described in subparagraph (b).
(f) Notwithstanding the foregoing, no community antenna television company
shall enter upon any real estate or rights of way in the possession or control
of any public utility, railroad or owner or operator of an oil, petroleum
product, chemical or gas pipeline to install or remove cable television
facilities or to provide underground maintenance or repair services with
respect thereto, prior to delivery to the public utility, railroad or pipeline
owner or operator of written notice of intent to enter, install, maintain,
or remove. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in control of a railroad, the right to enter upon includes the installation, construction, operation, repair, maintenance, or removal of wire, cable, fiber, conduit, or related facilities that are at, above, or below grade and that cross the real estate or rights-of-way in a manner that runs generally perpendicular to the railroad tracks or railroad right-of-way. For the purposes of this subsection (f), and only in the case of real estate or rights-of-way in possession of or in the control of a railroad, the right to enter upon does not apply to wire, cable, fiber, conduit, or related facilities that run along, within, and generally parallel to, but do not cross, the railroad tracks or railroad right-of-way. No entry shall be made until at least 30 days after
receipt of such written notice. Such written notice, which shall be delivered
to the registered agent of such public utility, railroad or pipeline owner
or operator shall include the following information:
(i) The date of the proposed installation, | ||
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(ii) The manner and method of, and the detailed | ||
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(iii) The location of the proposed entry and path of | ||
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(iv) The written agreement of the community antenna | ||
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(v) A statement, based upon information available to | ||
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For purposes of this subsection (f), "community antenna television company" includes, in the case of real estate or rights-of-way in possession of or in control of a railroad, a holder, cable operator, or broadband service provider, as those terms are defined in Section 21-201 of the Public Utilities Act. Within 30 days of receipt of the written prior notice of entry
the public utility, railroad or pipeline owner or operator shall investigate
and determine whether or not the proposed entry and installation or repair,
maintenance, or removal would create a dangerous condition threatening the
safety of the public or the safety of its employees or threatening to cause
an interruption of the furnishing of vital transportation, utility or pipeline
services and upon so finding shall so notify the community antenna television
company of such decision in writing. Initial determination of the existence
of such a dangerous condition or interruption of services shall be made
by the public utility, railroad or pipeline owner or operator whose real
estate or right of way is involved. In the event that the community antenna
television company disagrees with such determination, a determination of
whether such entry and installation, maintenance, repair, or removal would
create such a dangerous condition or interrupt services shall, upon the application of the community antenna television company, be made by the Illinois Commerce Commission Transportation Division in accordance with the Commission's Rail Safety Program. An initial written determination of a public
utility, railroad, or pipeline owner or operator timely made and transmitted
to the community antenna television company, in the absence of a determination
by a court of competent jurisdiction or an Illinois Commerce Commission Transportation Division finding to the contrary, bars the entry of
the community antenna television company upon the real estate or right of
way for any purpose.
Any public utility, railroad or pipeline owner or operator may assert
a written claim against any community antenna television company for just
compensation within 30 days after written notice has been given in accordance
with this subparagraph (f). If, within 60 days after the receipt of such
claim for compensation, the community antenna television company has not
agreed to the amount claimed or some other amount acceptable to the public
utility, railroad or pipeline owner or operator, the public utility, railroad
or pipeline owner or operator may bring suit to enforce such claim for just
compensation in any court of competent jurisdiction and, upon timely demand,
may require that the amount of just compensation be determined by a jury.
Any such action shall be commenced within 6 months of the notice provided
for in this subparagraph (f). In any action brought to determine such just
compensation, the public utility, railroad or pipeline owner or operator
may submit such evidence as may be relevant to the issue of just compensation.
Neither the assertion of a claim for compensation nor the initiation of
legal action to enforce such claim shall delay or impair the right of the
community antenna television company to construct or install cable television
facilities upon any real estate or rights of way of any public utility,
railroad or pipeline owner or operator.
To the extent that the public utility, railroad, or owner or operator
of an oil, petroleum product, chemical or gas pipeline deems it appropriate
to supervise, monitor or otherwise assist the community antenna television
company in connection with the installation, maintenance, repair, or removal
of cable television facilities upon such real estate or rights of way, the
community antenna television company shall reimburse the public utility,
railroad or owner or operator of an oil, petroleum product, chemical or gas
pipeline for costs reasonable and actually incurred in connection therewith.
The provisions of this subparagraph (f) shall not be applicable to any
easements, rights of way or ways for public service facilities in which
public utilities, other than railroads, have any interest pursuant to "an
Act to revise the law in relation to plats" approved March 21, 1874, and
all ordinances enacted pursuant thereto. Such easements, rights of way
and ways for public service facilities are hereby declared to be apportionable
and upon written request by a community antenna television company, public
utilities shall make such easements, rights of way and ways for public service
facilities available for the construction, maintenance, repair or removal of
cable television facilities provided that such construction, maintenance,
repair or removal does not create a dangerous condition threatening the safety
of the public or the safety of such public utility employees or threatening
to cause an interruption of the furnishing of vital utility service. Initial
determination of the existence of such a dangerous condition or interruption
of services shall be made by the public utility whose easement, right of
way or way for public service facility is involved. In the event the community
antenna television company disagrees with such determination, a determination
of whether such construction, maintenance, repair or removal would create
such a dangerous condition or threaten to interrupt vital utility services,
shall be made by a court of competent jurisdiction upon the application
of such community antenna television company.
If a county notifies or a county requires a developer to notify a public
utility
before or after issuing a permit or other authorization for the construction of
residential
buildings, then the county or developer shall, at the same time, similarly
notify any
community antenna television system franchised by or within that county.
In addition to such other notices as may be required by this subparagraph
(f), a community antenna television company shall not enter upon the real
estate or rights of way of any public utility, railroad or pipeline owner
or operator for the purposes of above-ground maintenance or repair of its
television cable facilities without giving 96 hours prior written notice
to the registered agent of the public utility, railroad or pipeline owner
or operator involved, or in the case of a public utility, notice may be
given through the statewide one-call notice system provided for by General
Order of the Illinois Commerce Commission or, if in Chicago, through the
system known as the Chicago Utility Alert Network.
(Source: P.A. 100-251, eff. 8-22-17.)
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(55 ILCS 5/5-1096.5) Sec. 5-1096.5. Cable and video competition. (a) A person or entity seeking to provide cable service or video service in this State after June 30, 2007 (the effective date of Public Act 95-9)
shall either (1) obtain a State-issued authorization pursuant to Section 21-401 of the Public Utilities Act
(220 ILCS 5/21-401); (2) obtain authorization pursuant to Section 11-42-11 of the Illinois Municipal Code (65 ILCS 5/11-42-11); or (3) obtain authorization pursuant to Section 5-1095 of the Counties Code (55 ILCS 5/5-1095). (b) A person or entity seeking to provide cable service or video service in this State after June 30, 2007
shall not use the public rights-of-way for the installation or construction of facilities for the provision of cable service or video service or offer cable service or video service until it has (i) obtained a State-issued authorization to offer or provide cable or video service under Section 21-401 of the Public Utilities Act; (ii) obtained authorization under Section 11-42-11 of the Illinois Municipal Code; or (iii) obtained authorization under Section 5-1095 of the Counties Code. Nothing in this Section shall prohibit a local unit of government from granting a permit to a person or entity for the use of the public rights-of-way to install or construct facilities to provide cable service or video service, at its sole discretion. No unit of local government shall be liable for denial or delay of a permit prior to the issuance of a State-issued authorization. (c) For the purposes of subsection (e) of Section 5-1095 of this Code, a State-issued authorization under Article XXI of the Public Utilities Act shall be considered substantially equivalent in terms and conditions as an existing cable provider. (d) Nothing in Article XXI of the Public Utilities Act shall constitute a basis for modification of an existing cable franchise or an injunction against or for the recovery of damages from a municipality pursuant to subsection (e) of Section 5-1095 of this Code
because of an application for or the issuance of a State-issued authorization under that Article XXI.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(55 ILCS 5/5-1097) (from Ch. 34, par. 5-1097)
Sec. 5-1097.
Massage parlors and bathhouses.
A county board may
regulate and license massage parlors and bathhouses in unincorporated areas
of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1097.5)
Sec. 5-1097.5. Adult entertainment facility. It is prohibited within an unincorporated area of a county to locate an adult
entertainment facility within 3,000 feet of the property
boundaries of any school, day care center, cemetery, public park, forest
preserve, public
housing, place of religious
worship, or residence, except that in a county with a population of more than 800,000 and less than 2,000,000 inhabitants, it is prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located anywhere within that county. Notwithstanding any other requirements of this Section, it is also prohibited to locate, construct, or operate a new adult entertainment facility within one mile of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, or place of religious worship located in that area of Cook County outside of the City of Chicago.
For the purposes of this Section, "adult entertainment facility" means
(i) a striptease club or pornographic movie theatre
whose business is the commercial
sale, dissemination, or distribution of sexually explicit material,
shows, or other
exhibitions
or (ii) an adult bookstore or adult video store whose primary
business is the commercial sale, dissemination, or distribution of sexually
explicit material, shows, or other exhibitions. "Unincorporated area of a county" means any area not within the boundaries of a municipality.
The State's Attorney of the county where the adult entertainment facility is located or the Attorney General may institute a civil action for an injunction to restrain violations of this Section. In that proceeding, the court shall determine whether a violation has been committed and shall enter such orders as it considers necessary to remove the effect of any violation and to prevent the violation from continuing or from being renewed in the future.
(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
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(55 ILCS 5/5-1097.7) Sec. 5-1097.7. Local ordinances to regulate adult entertainment facilities and obscenity. (a) Definitions. In this Act: "Specified anatomical area" means human genitals or pubic region, buttocks, anus, or the female breast below a point immediately above the top the areola that is less than completely or opaquely covered, or human male genitals in a discernibly turgid state even if completely or opaquely covered. "Specified sexual activities" means (i) human genitals in a state of sexual stimulation or excitement; (ii) acts of human masturbation, sexual intercourse, fellatio, or sodomy; (iii) fondling, kissing, or erotic touching of specified anatomical areas; (iv) flagellation or torture in the context of a sexual relationship; (v) masochism, erotic or sexually oriented torture, beating, or the infliction of pain; (vi) erotic touching, fondling, or other such contact with an animal by a human being; or (vii) human excretion, urination, menstruation, or vaginal or anal irrigation as part of or in connection with any of the activities set forth in items (i) through (vi). (b) Ordinance to regulate adult entertainment facilities. Except as provided under subsection (c), a county may adopt by
ordinance reasonable regulations concerning the operation of any business: (i) defined as
an adult entertainment facility in Section 5-1097.5 of this Act or (ii) that offers or
provides activities by employees, agents, or contractors of the business that involve
exposure of specified anatomical areas or performance of specified sexual activities in
view of any patron, client, or customer of the business. A county ordinance may also
prohibit the sale, dissemination, display, exhibition, or distribution of obscene materials
or conduct. (c) Specified counties. A non-home rule county with a population of at least 900,000 may adopt, by ordinance, reasonable regulations concerning the operation of a business in unincorporated areas of the county: (i) defined as an adult entertainment facility in Section 5-1097.5 of this Act; (ii) that involves exposure of specified anatomical areas or performance of specified sexual activities by a person within the business' premises; or (iii) that offers or provides sexually-oriented entertainment services or activities. The ordinance may also prohibit the sale, dissemination, display, exhibition, or distribution of obscene materials or conduct. If the county has established a licensing program as part of its regulation of adult entertainment facilities under this subsection, the findings, decision, and orders of the licensing official or licensing body is subject to review in the Circuit Court of the county. The Administrative Review Law and the rules adopted under the Administrative Review Law apply to and govern the judicial review of the final findings, decision, and order of the licensing official or licensing body under this subsection. (d) Civil actions. A county adopting an ordinance to regulate adult entertainment facilities may
authorize the State's Attorney to institute a civil action to restrain violations of that
ordinance. In that proceeding, the court shall enter such orders as it considers necessary to abate the violation and to prevent the violation from continuing or from being renewed
in the future. In addition to any injunctive relief granted by the court, an ordinance may
further authorize the court to assess fines of up to $1,000 per day for each violation of the
ordinance, with each day in violation constituting a new and separate offense.
If a non-home rule county with a population of at least 900,000 has a code hearing unit established under Division 5-41 or Division 5-43 of this Code, then the county may enforce and prosecute violations of the ordinance through its administrative adjudication program.
(Source: P.A. 101-405, eff. 1-1-20.) |
(55 ILCS 5/5-1098) (from Ch. 34, par. 5-1098)
Sec. 5-1098.
Cooperation with Department on Aging.
A county board may
cooperate with the Department on Aging, created by the Illinois Act on
the Aging, and appropriate county funds and provide in kind services
to assist such department in carrying out its programs.
(Source: P.A. 92-651, eff. 7-11-02.)
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(55 ILCS 5/5-1099) (from Ch. 34, par. 5-1099)
Sec. 5-1099.
Weed cutting on residential subdivision lots.
In
counties of less than 3,000,000 inhabitants, a county board may provide for
the cutting of weeds on lots in subdivisions in residential areas in the
unincorporated area of the county or any part thereof, when the owners of
the subdivision lot refuse or neglect to cut them, and may
collect from the owners the reasonable cost thereof. Notice of intention to
cut weeds shall be given to the owners of subdivision lot involved at least
15 days before such action is intended to be taken, by mailing a written
copy of such notice to the last known address of each such owner or owners.
This cost is a lien upon the subdivision lot affected, superior to all
other liens and encumbrances, except tax liens; provided that within 60
days after such cost and expense is incurred the county, or person
performing the service by authority of the county in his or its own name,
files notice of lien in the office of the recorder in the county in which
such subdivision lot is located or in the office of the Registrar of Titles
of the county if the subdivision lot affected is registered under the
Torrens system. The notice shall consist of a sworn statement setting
out (1) a description of the subdivision lot sufficient for
identification thereof, (2) the amount of money representing the cost
and expense incurred or payable for the service, and (3) the date or
dates when such cost and expense was incurred by the county. However,
the lien of such county shall not be valid as to any purchaser whose
rights in and to such subdivision lot have arisen subsequent to the
weed-cutting and prior to the filing of such notice, and the lien of the
county shall not be valid as to any mortgagee, judgment creditor or
other lienor whose rights in and to such subdivision lot arise prior to
the filing of such notice. Upon payment of the cost and expense by the
owner of or persons interested in such property after notice of lien has
been filed, the lien shall be released by the county or person in whose
name this lien has been filed and the release may be filed of record as
in the case of filing notice of lien.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1100) (from Ch. 34, par. 5-1100)
Sec. 5-1100.
Contracts for weather modification.
A county board may
contract or otherwise provide for weather modification. For purposes of
this Section, "weather modification" means any activity intended to produce
artificial changes in the composition, motions, and resulting behavior of
the atmosphere.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1101) (from Ch. 34, par. 5-1101)
Sec. 5-1101. (Repealed).
(Source: P.A. 98-331, eff. 8-13-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/5-1101.3) Sec. 5-1101.3. Additional fees to finance new judicial facilities. The county boards of Kane County, Kendall County, and Will County may by ordinance impose a judicial facilities fee to be used for the building of new judicial facilities. (a) In setting such fee, the county board, with the concurrence of the Chief Judge of the applicable judicial circuit or the presiding judge of the county in a multi-county judicial circuit, may impose different rates for the various types or categories of civil and criminal cases, not to exceed $30. The fees are to be paid as follows: (1) In civil cases, the fee shall be paid by each | ||
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(2) In felony, misdemeanor, local or county | ||
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(2.5) Fines and assessments, such as fees or | ||
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(3) In local or county ordinance, traffic, and | ||
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(b) The proceeds of all fees enacted under this Section must be deposited into the county's Judicial Department Facilities Construction Fund and used for the sole purpose of funding in whole or in part the costs associated with building new judicial facilities within the county, which shall be designed and constructed by the county board with the concurrence of the Chief Judge of the applicable judicial circuit or the presiding judge of the county in a multi-county judicial circuit.
(Source: P.A. 102-1021, eff. 7-1-22; 103-379, eff. 7-28-23.) |
(55 ILCS 5/5-1101.5) Sec. 5-1101.5. (Repealed).
(Source: P.A. 97-971, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.) |
(55 ILCS 5/5-1102) (from Ch. 34, par. 5-1102)
Sec. 5-1102.
Injuries caused by regional board of school trustees
member; indemnification. In case any injury to the person or property of
another is caused by a member of the regional board of school trustees
while the member is engaged in the performance of his or her duties as
trustee, the county or counties in whose behalf the member is performing
his or her duties as trustee may indemnify the member for any judgment
recovered against the member as the result of such injury, except where the
injury results from the wilful misconduct of the member.
If the regional board of school trustees is in a multi-county educational
service region, the power to indemnify imposed by this Section shall extend
to each county on a pro-rata basis, calculated by dividing the equalized
assessed valuation of each county by the equalized assessed valuation of
the educational service region.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
Sec. 5-1103. (Repealed).
(Source: P.A. 100-759, eff. 1-1-19. Repealed by P.A. 100-987, eff. 7-1-19.)
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(55 ILCS 5/5-1103.1) (from Ch. 34, par. 5-1103.1)
Sec. 5-1103.1.
Contract for police protection.
In counties having fewer than 1,000,000 inhabitants, the
county board may contract, with advice and consent of the sheriff in the
county in which the request for contract services is made, based upon a
determination of law enforcement needs of the area in which contract
services are sought,
with one or more incorporated municipalities
lying wholly or partly within the county to furnish police protection in
the area of the county that is not within the incorporated area of any
municipality having a regular police department.
(Source: P.A. 91-633, eff. 12-1-99.)
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(55 ILCS 5/5-1104) (from Ch. 34, par. 5-1104)
Sec. 5-1104.
Removal of obstructions from streams, lakes, ponds, and
other water courses-stream maintenance.
The county boards of the several counties in this State which have
adopted by ordinance a Storm Water Management Plan may, in their respective counties:
(1) Cause the removal of, in such manner as they may direct, the driftwood
and other obstructions from streams, lakes, ponds, natural and other
water courses or from the channel, the banks, or within 10 feet
inland from the top of the banks thereof;
(2) Provide that streams and other water courses that
have been cleared of debris and obstructions will be maintained so that the
flow of water will not be further impeded by causing:
(A) The regular removal of accumulations of rocks, | ||
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(B) The regular removal of accumulations of rocks, | ||
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(C) The regular removal of accumulations of sediment | ||
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(3) Provide for any inspection or survey
required to clear or maintain any streams, lakes, ponds, or water courses; and
(4) For all of these purposes, after notice
in writing to the owner at least 30 days prior thereto, enter
upon the lands, streams, lakes, ponds, or waters of any such person, but
subject to responsibility for all damages which shall be occasioned
thereby.
(Source: P.A. 86-962; 87-847.)
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(55 ILCS 5/5-1104.1) (from Ch. 34, par. 5-1104.1)
Sec. 5-1104.1.
If a forest preserve district organized under the
Downstate Forest Preserve District Act has, either before or after the
effective date of this amendatory Act of 1991, adopted a comprehensive
policy for the
management and maintenance of the streams, lakes, ponds and water courses
located on the property owned by the district, the power conferred on a
county board under Section 5-1104 shall be exercised in a manner consistent
with such comprehensive policy and only pursuant to an intergovernmental
agreement between the forest preserve district and the county specifying in
detail the respective obligations of the parties.
A county may, either before or after the
effective date of this amendatory Act of the 97th General Assembly, enter into an intergovernmental agreement with any forest preserve district within the county that exempts the forest preserve district from compliance with county zoning ordinances. (Source: P.A. 97-1016, eff. 8-17-12.)
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(55 ILCS 5/5-1105) (from Ch. 34, par. 5-1105)
Sec. 5-1105.
Lease from public building commission.
In addition
to all the rights and powers conferred on any county board under this Code
or any other Acts, a county board may acquire, under lease or otherwise,
any real or personal property for county purposes, the county board in
every county shall have the power:
(1) To lease from any Public Building Commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955, as
heretofore or hereafter amended, any real or personal property for any of
its county purposes, for any period of time not exceeding 30 years.
(2) To pay for the use of the leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore or hereafter amended.
(3) To enter into such lease without making a previous appropriation for
the expense thereby incurred, notwithstanding the provisions, if any
applicable, in any other Sections of this Code; provided
however, that if any county board undertakes to pay all or any part of the
costs of operating and maintaining the property of a Public Building
Commission as authorized in subparagraph (4) of this Section, such expenses
of operation and maintenance shall be included in the annual appropriation
ordinance or annual budget, as the case may be, of such county annually
during the term of such undertaking.
(4) In addition, any county board may undertake, either in the lease
with a Public Building Commission or by separate agreement or contract with
a Public Building Commission, to pay all or any part of the costs of
maintaining and operating the property of a Public Building Commission for
any period of time not exceeding twenty years.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-1106) (from Ch. 34, par. 5-1106)
Sec. 5-1106. County offices, equipment and expenditures. It
shall be the duty of the county board of each county:
First--To erect or otherwise provide when necessary, and the finances of
the county will justify it, and keep in repair, a suitable court house,
jail and other necessary county buildings, and to provide proper rooms and
offices for the accommodation of the county board, State's attorney, county
clerk, county treasurer, recorder and sheriff, and to provide suitable
furniture therefor. But in counties not under township organization, no
appropriations shall be made for the erection of public buildings, without
first submitting the proposition to a vote of the people of the county, and
the vote shall be submitted in the same manner and under the same
restrictions as provided for in like cases in Section 5-2001; and the
votes therefor shall be "For taxation," specifying the object, and those
against shall be "Against taxation," specifying the object.
Second--To provide and keep in repair, when the finances of the county
permit, suitable fireproof safes or offices for the county clerk, State's
attorney, county treasurer, recorder and sheriff.
Third--To provide reasonable and necessary expenses for the use of the
county board, county clerk, county treasurer, recorder, sheriff, coroner,
State's attorney, superintendent of schools, judges and clerks of courts,
and supervisor of assessment.
Fourth--To cause to be published at the close of each annual, regular or
special meeting of the board, a brief statement of the proceedings thereof
in one or more newspapers published in the county, in which shall be set
forth the name of every individual who shall have had any account audited
and allowed by the board and the amount of such claim as allowed, and the
amount claimed, and also their proceedings upon the equalization of the
assessment roll: Provided, that no publication in a newspaper shall be
required unless the same can be done without unreasonable expense.
Fifth--To make out at its meeting in September, annually, a full and
accurate statement of the receipts and expenditures of the preceding year,
which statement shall contain a full and correct description of each item,
from whom and on what account received, to whom paid, and on what account
expended, together with an accurate statement of the finances of the county
at the end of the fiscal year, including all debts and liabilities of every
description, and the assets and other means to discharge the same; and
within 30 days thereafter to cause the same to be posted up at the court
house door, and at 2 other places in the county, and published for one week
in some newspaper therein, if there is one, and the same can be done
without unreasonable expense.
Sixth--To provide proper rooms and offices, and for the repair thereof,
for the accommodation of the circuit court of the county and for the clerks
for such court, and to provide suitable furnishings for such rooms and
offices, and to furnish fire proof safes, and the repair thereof, for the
offices of the clerks of the circuit court of the county. On or before June 1, 2019, every facility that houses a circuit court room shall include at least one lactation room or area for members of the public to express breast milk in private that is located outside the confines of a restroom and includes, at minimum, a chair, a table, and an electrical outlet, as well as a sink with running water where possible. The court rooms
and furnishings thereof shall meet with reasonable minimum standards
prescribed by the Supreme Court of Illinois. Such standards shall be
substantially the same as those generally accepted in court rooms as to
general furnishings, arrangement of bench, tables and chairs, cleanliness,
convenience to litigants, decorations, lighting and other such matters
relating to the physical appearance of the court room. The lactation rooms and areas shall also meet with reasonable minimum standards prescribed by the Supreme Court, which the Supreme Court is respectfully requested to create, including requirements for posting of notice to the public regarding location and access to lactation rooms and areas, as well as requirements for the addition of a sink with running water in the event of renovation to such facilities. The Supreme Court is also respectfully requested to create minimum standards for training of courthouse staff and personnel regarding location and access to lactation rooms and areas for all people present in the courthouse who need to use lactation rooms and areas.
(Source: P.A. 100-947, eff. 1-1-19.)
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(55 ILCS 5/5-1106.1)
Sec. 5-1106.1.
Public records; Internet access.
(a) Any county may provide Internet access to public records maintained
in electronic form. This access shall be provided at no charge to the public.
Any
county that provides public Internet access to records maintained in electronic
form may also enter into a contractual arrangement for the dissemination of the
same electronic data in bulk or compiled form.
(b) For the purposes of this Section, "electronic data in bulk form" is
defined as all, or a significant subset, of any records to which the public has
free
Internet access, as is and without modification or compilation; and "electronic
data in compiled form" is defined as any records to which the public has free
Internet access but that has been specifically selected, aggregated, or
manipulated and is not maintained or used in the county's regular course of
business.
(c) If, but only if, a county provides free Internet access to public
records
maintained in electronic form, the county may charge a fee for the
dissemination
of the electronic data in bulk or compiled form, but the fee may not exceed
110%
of the actual cost, if any, of providing the electronic data in bulk or
compiled form.
The fee must be paid to the county treasurer and deposited into a fund
designated as the County Automation Fund; except that in counties with a
population exceeding 3,000,000, the fee shall be paid into a fund designated as
the Recorder's Automation Fund.
(d) The county must make available for public inspection and copying an
itemization of the actual cost, if any, of providing electronic data in bulk or
compiled form, including any and all supporting
documents.
The county is prohibited from granting to any person or entity, whether by
contract, license, or otherwise, the exclusive right to access and disseminate
any
public record.
(Source: P.A. 93-362, eff. 7-24-03.)
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(55 ILCS 5/5-1107) (from Ch. 34, par. 5-1107)
Sec. 5-1107.
Rooms for persons reporting for jury duty.
In providing
the necessary court house facilities as required in Section 5-1106, the
county board in any circuit composed of only one county with a population
of over 300,000 inhabitants shall also provide a room or rooms large enough
to accommodate all who are reporting for jury duty so that such persons
shall remain segregated from all others in the court house until the
persons so reporting have been assigned to jury duty or have been excused.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1108) (from Ch. 34, par. 5-1108)
Sec. 5-1108.
Additional duties of recorder in counties of less than
1,000,000. In counties with a population of less than 1,000,000, the
county board, by ordinance or resolution, may authorize the recorder to (a)
establish a map making department with sole authority over the preparation,
maintenance and designation of all maps required for use by the county,
including but not limited to, those maps required for assessment
purposes; (b) establish a permanent real estate index number system;
or (c) prepare and maintain up-to-date lists of property owners names
and addresses.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1109) (from Ch. 34, par. 5-1109)
Sec. 5-1109.
Assessment maps in counties of less than
1,000,000. The county board of any county having a population of less
than 1,000,000 inhabitants may whenever in the opinion of the board it
becomes necessary, retain the services of a surveyor who shall be
registered under the provisions of the Illinois Professional Land Surveyor
Act of 1989, as amended, or a person experienced in the
preparation of assessment maps or plats, to prepare assessment maps or
plats of all or any part of the real property in any or all of the
townships in such county. Such maps shall show each separately assessed
parcel of real estate together with the area thereof. Subdivided
property in recorded plats shall be given the same designation as is
contained in the plat recorded, except that the surveyor may designate
by letter or number any assessed parcel within such recorded plat which
cannot be identified without describing it by metes and bounds. Assessed
parcels not within recorded plats shall be designated by lot numbers or
letters. The county board in each county may make such further
regulations concerning this work as are deemed necessary. A copy of the
books containing such maps or plats shall be filed with the county
assessor or supervisor of assessments, with the recorder and
with the county clerk, and a copy of the maps or plats for each township
shall be filed with the assessor of such township, all of whom shall
maintain and preserve these copies subject to the provisions of the
Local Records Act, as amended. Upon the filing of the books as aforesaid,
the county clerk, the township or county assessor, the supervisor of
assessments, the board of review, and all other persons whose duty it is to
assess property within the area covered by the maps, shall, beginning with
the next quadrennial assessment year as set forth in Section 9-95 of the
Property Tax Code, assess the
parcels of land by identifying them in accordance with the description and
designation set forth in such assessment map or maps. All maps filed in
accordance herewith shall be designated as "Supervisors' Assessment Maps ....
Township".
In any county adopting the provisions of this Section, a surveyor,
who shall be registered under the provisions of the Illinois
Professional Land Surveyor Act of 1989, as amended, or a person
experienced in the preparation of assessment maps or plats, shall be
retained by the county board and shall prepare supplemental or
correction maps showing all changes in assessment descriptions made
subsequent to the preceding maps and prior to November 15 of the year
preceding each quadrennial assessment year. Supplemental or correction
maps shall be prepared only of those pages upon which corrections or
changes are to be made and shall conform to the original maps filed
except as to such changes. Copies of such supplemental or correction
maps or pages, properly indexed and identified, shall be bound in one
volume, if practical; shall be filed in the same manner as is herein
provided for copies of the original maps; and shall be known as
"Supplemental Supervisors' Assessment Maps for the year (insert year)".
The expense of making such maps or plats and copies thereof shall be
borne by the county.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-1110) (from Ch. 34, par. 5-1110)
Sec. 5-1110.
Contents of building permit.
Every county board which
issues building or occupancy permits shall forward a copy of the building
or occupancy permit to the township assessor and a copy to the county
assessor, supervisor of assessments or board of assessors, as the case may
be, within 15 days of issuance of the permit. The permit shall show the
complete legal description of the area to which the permit pertains; and,
if the area has a "property index number", as defined and referred to in
Section 9-45 of the Property Tax Code, then there shall be included in the
application the index number.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/5-1111) (from Ch. 34, par. 5-1111)
Sec. 5-1111.
Application for building permit.
The county board of
every county containing 500,000 or more inhabitants which issues building
permits shall require each applicant for such a building permit to include,
in his application for said building permit, the real estate index number
referred to in Section 5-1110 hereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1112) (from Ch. 34, par. 5-1112)
Sec. 5-1112.
Discontinuance of issuing of building permits.
The county board of every county which issues building permits for the
construction of buildings may discontinue the issuing of such permits
within a prescribed area if it determines the issuing of further building
permits would be a danger to health or welfare.
A county board making such a determination must, however, give public
notice by one publication in a newspaper having general circulation in its
county of its decision to discontinue issuance of building permits in the
prescribed area, designating that area and stating the condition or hazard
constituting the danger to health or welfare.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113)
Sec. 5-1113.
Ordinance and rules to execute powers; limitations on
punishments. The county board may pass all ordinances and make all rules and
regulations proper or necessary, to carry into effect the powers granted to
counties, with such fines or penalties as may be deemed proper except where
a specific provision for a fine or penalty is provided by law. No fine or
penalty, however, except civil penalties provided for failure to make
returns or to pay any taxes levied by the county shall exceed $1,000.
(Source: P.A. 93-290, eff. 1-1-04.)
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(55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
Sec. 5-1114. Violation of ordinance. (a) Except as provided in Section
10-302.5 of the Illinois Highway Code or subsection (b) of this Section, in all actions for
the violation of any county ordinance, the first process shall be a summons or
a warrant. A warrant or summons for the arrest of an accused person may issue
from the circuit court upon the affidavit of any person that an ordinance has
been violated, and that the person making the complaint has reasonable grounds
to believe that the party charged is guilty thereof. Every person arrested upon
a warrant or summons shall be taken, without unnecessary delay, before the
proper judicial officer for trial.
(b) In the case of a violation of the property maintenance code of the county by a repeat offender, service of process against the owner of the property that is the subject of the violation may be a notice to appear. The notice may be issued by a code enforcement officer of the county where the violation occurred subject to the approval of an ordinance administrator. The notice to appear shall, at a minimum, state the address of the property that is the subject of the code violation, the language and citation of the code provision that was violated, the facts that the violation is based on, the date, time, and location for the appearance by the property owner, and that failure to correct the violation prior to the hearing date may result in a fine. The notice to appear shall be served upon the property owner, either personally, or by delivery confirmation mail and first class mail. The violation notice shall be sent to the address where the violation is observed and to the property owner's address on file with the Supervisor of Assessments office. The county shall simultaneously post the notice on the property where the violation occurred. The date to appear shall be no sooner than 15 days after the notice is served upon the owner. If the owner of the property fails to appear in response to the notice, the Court may issue a warrant or summons in accordance with subsection (a) of this Section. For the purposes of this Section, "repeat offender" means a person who has been found guilty of 2 or more similar violations of a property maintenance code at the same location in a 36-month period. (Source: P.A. 97-561, eff. 1-1-12.)
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(55 ILCS 5/5-1115) (from Ch. 34, par. 5-1115)
Sec. 5-1115. Retail food establishments. (a) The
county board of any county having a population of 2,000,000 or
more inhabitants may license and regulate and impose license fees on
all retail food establishments in the county except those retail food
establishments which are located within any city, village or incorporated
town in such county.
(b) The county board of any county having a population of less than
2,000,000 inhabitants and having a health department created under Division
5-25 may license and regulate and impose license fees on all retail food
establishments within both the incorporated and unincorporated areas of the
county which fall within the jurisdiction of that health department as set
forth in Section 5-25008.
(c) The license fees which may be
imposed under this Section must be reasonably related to the cost of
inspecting and regulating the retail food establishments. License fees
for food establishments operated by a unit of local government, school
district, or not-for-profit organization may be waived by ordinance of
the county board.
(d) A county and a municipality may enter into an intergovernmental agreement that provides for the county's certified local health department to perform any or all inspection functions for the municipality. The municipality must pay the county's reasonable costs. An intergovernmental agreement shall not preclude a municipality from continuing to license retail food establishments within its jurisdiction. (e) For the purpose of this Section, "retail food establishment" includes a food service establishment, a temporary food service establishment, and a retail food store as defined in the Food Service Sanitation Code, 77 Ill. Adm. Code Part 750, and the Retail Food Store Sanitation Code, 77 Ill. Adm. Code Part 760. (Source: P.A. 96-749, eff. 1-1-10.)
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(55 ILCS 5/5-1116) (from Ch. 34, par. 5-1116)
Sec. 5-1116.
Rules and regulations.
The county board may pass all
ordinances or resolutions and make all rules and regulations proper or
necessary to carry into effect the provisions of Section 5-1115 with such
fines or penalties not to exceed a Class B misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
Sec. 5-1117. Discharge of firearms.
(a) The county board of any county may, by ordinance, regulate or
prohibit within unincorporated areas the discharge of firearms in any
residential area where such discharge is likely to subject residents or
passersby to the risk of injury. However, such an ordinance shall not
limit the right to discharge a firearm for the lawful defense of persons or
property, or in the course of making a lawful arrest, when such use of force
is justified under Article 7 of the Criminal Code of 2012.
(b) For the purposes of this Section, a "residential area" is any
area within 300 yards of at least 3 single or multi-family residential
structures.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(55 ILCS 5/5-1118) (from Ch. 34, par. 5-1118)
Sec. 5-1118.
Garbage and debris removal.
The county board of any
county may provide for the removal of garbage and debris from unincorporated
areas of the county if the owner of the property refuses or neglects to remove
the garbage and debris and may collect the reasonable costs of removal from the
owner. Notice of the county's intention to remove garbage and debris shall be
given to the owner or owners of the property by mailing a written copy of the
notice to the last known address of each owner or owners at least 15 days
before the action is intended to be taken. This cost of removal is a lien upon
the real estate affected that is superior to all other liens and encumbrances,
except tax liens, if within 60 days after the costs are incurred, the county or
person performing the service by authority of the county, in his or its own
name, files notice of lien in the office of the recorder in the county in which
the real estate is located or files notice of the lien in the office of the
Registrar of Titles of the county if the real estate affected is registered
under the Registered Titles (Torrens) Act. The notice shall consist of a sworn
statement setting out: (1) a description of the real estate sufficient for
identification, (2) the amount of money representing the cost and expense
incurred or payable for the service, and (3) the date or dates when the costs
were incurred by the county.
The lien of the county shall not be valid as to any purchaser whose rights in
and to the real estate have arisen after the removal of the garbage and debris
and before the filing of the notice. The lien of the county shall not be valid
as to any mortgagee, judgment creditor, or other lienor whose rights in and to
the real estate arose before the filing of the notice. Upon payment of the
removal costs by the property owner or persons interested in the property, the
lien shall be released by the county or the person in whose name the lien has
been filed, and the release may be filed of record as in the case of filing
notice of lien. The lien may be enforced by proceedings to foreclose as in the
case of mortgages or mechanics' liens. An action to foreclose this lien shall
be commenced within 2 years after the date of filing notice of the lien.
(Source: P.A. 87-939.)
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(55 ILCS 5/5-1119)
Sec. 5-1119.
Ferries.
(a) The county board in any county that is bordered by the Mississippi River
and that has a population in excess of 62,000 but less than 80,000, as
determined by the last federal decennial census, shall have the authority to
own and operate a ferry, as provided in this Section, in any unincorporated
area of that county for the purpose of conveying persons, motor vehicles, and
other property across the Mississippi River.
(b) Each county board exercising the powers granted under this Section shall
have the following specific powers:
(1) To construct, or to acquire by purchase, lease, | ||
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(2) To receive State or federal aid or grants to | ||
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(3) To enter into contracts, not to exceed 10 years | ||
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(4) To maintain, regulate, and collect tolls on each | ||
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(c) The powers granted by this Section are in addition to any other powers
granted to a county by law.
(Source: P.A. 88-446.)
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(55 ILCS 5/5-1120)
Sec. 5-1120. Juvenile delinquency programs. The corporate authorities of a county may:
(a) Conduct programs and carry on and coordinate | ||
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(b) Cooperate, coordinate, or act jointly with the | ||
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(c) Spend county funds appropriated for the purposes | ||
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(d) Make application for, accept, and use money, | ||
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All officials, agencies, and employees of a county that has
exercised the authority granted by this Section shall cooperate in so far
as possible with the corporate authorities in coordinating and conducting
activities and programs to carry out the purposes of this Section.
(Source: P.A. 94-154, eff. 7-8-05.)
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(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may
demolish, repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of the county, but outside the territory of any municipality, and
may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
If a township within the county makes a formal request to the county board
as provided in Section 85-50 of the Township Code that the county board
commence specified proceedings under this Section with respect to property
located within the township but outside the territory of any municipality,
then, at the next regular county board meeting occurring at least 10 days
after the formal request is made to the county board, the county board shall
either commence the requested proceedings or decline to do so (either
formally or by failing to commence the proceedings within 60 days after the request) and shall notify the township
board making the request of the county board's decision.
In any
county having adopted, by referendum or otherwise, a county health department
as provided by Division 5-25 of the Counties Code or its predecessor, the
county board of any such county may upon a formal request by the city, village,
or incorporated town demolish, repair or cause the demolition or repair of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of any city, village, or incorporated town having a population of
less than 50,000.
The county board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail to do so, have failed to commence proceedings to put the
building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed and the posting of such notice upon the
premises sought to be demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
The cost of the demolition, repair, enclosure, or removal incurred by
the county, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real estate; the lien is
superior to all prior existing liens and encumbrances, except taxes, if, within
180 days after the repair, demolition, enclosure, or removal, the county,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the county,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
county, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (b),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the county, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the county from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (b).
If the appropriate official of any county determines that any
dangerous and unsafe building or uncompleted and abandoned building within
its territory fulfills the requirements for an action by the county
under the Abandoned Housing Rehabilitation Act, the county may
petition under that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under
this subsection (b) in the same proceeding in which the lien is authorized.
A county desiring to enforce a lien under this subsection (b) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (a).
The court shall conduct a hearing on the petition not less than 15
days after the notice is served. If the court determines that the
requirements of this subsection (b) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the county from the owner or owners of the real
estate. If the court denies the petition, the county may enforce the
lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (b), except to the extent that those provisions are
inconsistent with this subsection. For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(c) In addition to any other remedy provided by law, the county
board of any county may petition the circuit court to have
property declared abandoned under this subsection (c) if:
(1) the property has been tax delinquent for 2 or | ||
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(2) the property is unoccupied by persons legally in | ||
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(3) the property's condition impairs public health, | ||
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All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property, including publication in a newspaper that is in circulation in the county in which the action is pending. At least 30 days prior to any declaration of abandonment, the county or its agent shall post a notice not less than 1 foot by 1 foot in size on the front of the subject building or property. The notice shall be dated as of the date of the posting and state that the county is seeking a declaration of abandonment for the property. The notice shall also include the case number for the underlying circuit court petition filed pursuant to this subsection and a notification that the owner should file an appearance in the matter if the property is not abandoned.
The county, however, may proceed under this subsection in a
proceeding brought under subsection (a). Notice of the petition
shall be served by certified or registered mail on all persons who were
served notice under subsection (a).
If the county proves that the conditions described in this
subsection exist and the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, the court
shall declare the property abandoned.
If that determination is made, notice shall be sent by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the county unless, within 30 days of
the notice, the owner of record enters an appearance in the action, or
unless any other person having an interest in the property files with the
court a request to demolish any or all dangerous or unsafe buildings or to put the property
in safe condition.
If the owner of record enters an appearance in the action within the 30
day period, the court shall vacate its order declaring the property
abandoned. In that case, the county may amend its complaint in order
to initiate proceedings under subsection (a).
If a request to demolish any or all dangerous or unsafe buildings or to otherwise put the property in safe condition is filed within the 30
day period, the court shall grant permission to the requesting party to
demolish the building within 30 days or to restore the property to safe
condition within 60 days after the request is granted. An extension of
that period for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a timely
request, preference shall be given to the person with the lien or other
interest of the highest priority.
If the requesting party proves to the court that the building has been
demolished or put in a safe condition within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the county of all costs incurred
by the county in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with property maintenance, and receiver's
certificates. The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the property
in safe condition within the time specified by the court, the county
may petition the court to issue a judicial deed for the property to the
county or another governmental body designated by the county in the petition. A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens.
(d) Each county may use the provisions of this subsection to expedite the
removal of certain buildings that are a continuing hazard to the community in
which they are located.
If the official designated to be
in charge of enforcing the county's building code determines that a
building is open and vacant and an immediate and continuing hazard to the
community in which the building is located, then the official shall be
authorized to post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished, repaired,
or enclosed, and unless any garbage, debris, and other hazardous, noxious,
or unhealthy substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the building may
be demolished, repaired, or enclosed, or any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials may be removed, by
the county.
Not later than 30 days following the posting of the notice, the
county shall do both of the following:
(1) Cause to be sent, by certified mail, return | ||
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(2) Cause to be published, in a newspaper published | ||
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A person objecting to the proposed actions of the county board may
file his or her objection in an appropriate form in a court of competent
jurisdiction.
If the building is not demolished, repaired, or enclosed, or the garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials are
not removed, within 30 days of mailing the notice to the owners of record,
the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice, whichever is
later, the county board shall have the power to demolish, repair, or
enclose the building or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection within a 120-day period
following the date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal of any garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials is
necessary to remedy the immediate and continuing hazard. If, however, before
the county proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this subsection before a
court and has served a copy of the complaint on the chief executive officer of
the county, then the county shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances until the
court determines that that action is necessary to remedy the hazard and issues
an order authorizing the county to do so.
The county must maintain documentation submitted from a contractor on the disposal of any demolition debris, clean or general, or uncontaminated soil generated during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. The documentation required by this paragraph does not apply to a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment. Following the demolition, repair, or enclosure of a building, or the
removal of garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection, the county may file a
notice of lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the repair, demolition,
enclosure, or removal occurred, for the cost and expense incurred, in the
office of the recorder in the county in which the real estate is located or
in the office of the registrar of titles of the county if the real estate
affected is registered under the Registered Titles (Torrens) Act. The
notice of lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other description of
the property, sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized under
this subsection; (iii) the date or dates the expenses were incurred by
the county; (iv) a statement by the official
responsible for enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard
to the community; (v) a statement by the official that the
required sign was posted on the building, that notice was sent by certified
mail to the owners of record, and that notice was published in accordance
with this subsection; and (vi) a statement as to when and where the notice
was published. The lien authorized by this subsection may thereafter be
released or enforced by the county as provided in subsection (a).
(e) In any case where a county has obtained a lien under subsection (a),
the county may also bring an action for a money judgment against the owner or
owners of the real estate in the amount of the lien in the same manner as
provided for bringing causes of action in Article II of the Code of Civil
Procedure and, upon obtaining a judgment, file a judgment lien against all of
the real estate of the owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure. (f) In addition to any other remedy provided by law, if a county finds that within a residential property of 1 acre or less there is an accumulation or concentration of: garbage; organic materials in an active state of decomposition including, but not limited to, carcasses, food waste, or other spoiled or rotting materials; human or animal waste; debris; or other hazardous, noxious, or unhealthy substances or materials, which present an immediate threat to the public health or safety or the health and safety of the occupants of the property, the county may, without any administrative procedure to bond, petition the court for immediate injunctive relief to abate or cause the abatement of the condition that is causing the threat to health or safety, including an order causing the removal of any unhealthy or unsafe accumulations or concentrations of the material or items listed in this subsection from the structure or property. The county shall file with the circuit court in which the property is located a petition for an order authorizing the abatement of the condition that is causing the threat to health or safety. A hearing on the petition shall be set within 5 days, not including weekends or holidays, from the date of filing. To provide notice of such hearing, the county shall make every effort to serve the property's owners of record with the petition and summons and, if such service cannot be had, shall provide an affidavit to the court at the hearing showing the service could not be had and the efforts taken to locate and serve the owners of record. The county shall also post a sign at the property notifying all persons of the court proceeding. Following the abatement actions, the county may file a notice of lien for the cost and expense of actions taken under this subsection as provided in subsection (a).
(Source: P.A. 101-200, eff. 1-1-20; 102-363, eff. 1-1-22; 102-847, eff. 5-13-22.)
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(55 ILCS 5/5-1122)
Sec. 5-1122.
Check cashing and automatic teller machine services.
The county board may enter into written agreements with financial institutions
for the placement of check cashing or automatic teller machine services, or
both, at any county office buildings, including courthouses. The county board
shall establish procedures for the competitive selection of financial
institutions to provide the services authorized under this Section.
The agreements with the financial institutions shall establish the amount of
compensation to be paid by the financial institution. The financial
institution shall pay the compensation to the County Treasurer in accordance
with the terms of the agreement.
This Section does not apply to a county office building in which a currency
exchange or a credit union located in the building is providing financial
services on the effective date of this amendatory Act of 1996.
(Source: P.A. 89-585, eff. 1-1-97.)
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(55 ILCS 5/5-1123)
Sec. 5-1123. Builder or developer cash bond or other surety.
(a) A county may not require a cash bond, irrevocable letter of credit,
surety bond, or letter of commitment issued by a bank, savings and loan
association, surety, or insurance company from a builder or developer to
guarantee completion of a project improvement when the builder or developer
has filed with the county clerk a current, irrevocable letter of credit, surety
bond, or letter of commitment, issued by a bank, savings and loan association,
surety, or insurance company, deemed good and sufficient by the county
accepting such security, in an amount equal to or greater than 110% of the
amount of the bid on each project improvement. A builder or developer has
the option to utilize a cash bond, irrevocable letter of credit, surety
bond, or letter of
commitment issued by a bank, savings and loan association, surety, or insurance
company, deemed good and sufficient by the county, to satisfy any cash bond
requirement established by a county. The county must approve
and deem a surety or insurance company good and sufficient for the purposes
set forth in this Section if the surety or insurance company is
authorized by the Illinois Department
of Insurance to sell and issue sureties in the State of Illinois.
(b) If a county receives a cash bond, irrevocable letter of credit, or
surety bond from a builder or developer to
guarantee completion of a project improvement, the county shall (i) register
the bond under
the address of the project and the construction permit number and (ii) give the
builder or developer a receipt for the bond. The county shall establish and
maintain a separate account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.
(c) The county shall refund a cash bond to a builder or developer, or
release the irrevocable letter of credit or surety bond, within
60 days after the builder or developer notifies the county in writing of the
completion of the project improvement for which the bond was required. For
these purposes, "completion" means that the county has determined
that the project improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the builder or
developer and the county that the project improvement has been completed to the
applicable codes and ordinances. The county shall pay interest to the builder
or developer, beginning 60 days after the builder or developer notifies the
county in writing of the completion of the project improvement, on any bond not
refunded to a builder or developer, at the rate of 1% per month.
(d) A home rule county may not require or maintain cash bonds, irrevocable
letters of credit, surety bonds, or other adequate securities from builders
or developers in a manner inconsistent with this Section. This Section
supersedes and controls over other provisions of this Code as
they apply to and guarantee completion of a project improvement that is
required by the county. This Section is a
denial and limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by a home rule county of
powers and functions exercised by the State.
(Source: P.A. 96-1000, eff. 7-2-10.)
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(55 ILCS 5/5-1124)
Sec. 5-1124.
Second-hand and junk stores.
(a) The county board of a county may:
(1) License, locate, and regulate all places of | ||
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(2) Forbid any person or entity licensed or regulated | ||
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(3) Impose the licensing and regulation of such | ||
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(b) Nothing in this Section shall apply to a licensee of the Secretary of
State under Chapter 5 of the Illinois Vehicle Code or to an insurer or
self-insurer of motor vehicles.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-1125)
Sec. 5-1125.
Establishment of county university center.
Pursuant to a
plan approved by the Illinois Board of Higher Education, any county may make
appropriations from the county treasury and may transfer moneys to a
not-for-profit corporation recognized by the General Assembly pursuant to
Section 5 of the Higher Education Cooperation Act. The moneys may be expended
by the recognized not-for-profit corporation for the purpose of facilitating
the purchase of land and the erection or renovation of buildings for a county
university center.
(Source: P.A. 91-398, eff. 1-1-00.)
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(55 ILCS 5/5-1126)
Sec. 5-1126.
A county board may license or regulate any business operating
as a public accommodation that is located in an unincorporated area of the
county, that permits the consumption of alcoholic
liquor on the business premises, and that is not licensed under the Liquor
Control Act of 1934. For purposes of this Section, "public accommodation"
means a refreshment, entertainment, or recreation facility of any kind, whether
licensed or not, whose goods, services, facilities, privileges, or advantages
are extended, offered, sold, or otherwise made available to the public.
(Source: P.A. 92-696, eff. 7-19-02.)
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(55 ILCS 5/5-1127)
Sec. 5-1127. HazMat and technical rescue teams. (a) The county board of any county may, by ordinance, authorize a HazMat team to provide emergency response to chemical and biological terrorism, radiological emergencies, hazardous material spills, releases, or fires, or other contamination events. The county board may make reasonable appropriations from the county treasury to fund and encourage the formation and operation of a Hazmat team. The ordinance may provide for benefits to be paid by the county if a team member suffers disease, injury, or death in the line of duty. A HazMat team authorized under this subsection may be a not-for-profit organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. (b) The county board of any county may, by ordinance, authorize a technical rescue team to provide emergency response to building collapse, high angle rescue, and other technical and specialized rescue emergencies. The county board may make reasonable appropriations from the county treasury to fund and encourage the formation and operation of a technical rescue team. The ordinance may provide for benefits to be paid by the county if a team member suffers disease, injury, or death in the line of duty. A technical rescue team authorized under this subsection may be a not-for-profit organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code.
(Source: P.A. 94-334, eff. 1-1-06.) |
(55 ILCS 5/5-1128) Sec. 5-1128. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(55 ILCS 5/5-1129) Sec. 5-1129. Annexation agreements. The county board of a county referenced in subsection (c) of Section 11-15.1-2.1 of the Illinois Municipal Code may, in accordance with subsection (c) of Section 11-15.1-2.1 of the Illinois Municipal Code, retain jurisdiction over land that is the subject of an annexation agreement and is located more than 1.5 miles from the corporate boundaries of the municipality.
(Source: P.A. 95-175, eff. 1-1-08; 96-328, eff. 8-11-09.) |
(55 ILCS 5/5-1130) Sec. 5-1130. Leases of equipment and machinery. The county board of each county may, upon the affirmative vote of two-thirds of its members, enter into one or more leases for a period of not to exceed 5 years for computer equipment, data processing machinery, and software, as may be required for its corporate purposes.
(Source: P.A. 95-810, eff. 1-1-09; 96-328, eff. 8-11-09.) |
(55 ILCS 5/5-1131) Sec. 5-1131. Americans with Disabilities Act coordinator; posting and publication. (a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each county that maintains a website must post on the county's website the following information: (1) the name, office address, and telephone number of | ||
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(2) the grievance procedures, if any, adopted by the | ||
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(b) If a county does not maintain a website, then the county must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the county or a newsletter published by the county and mailed to county residents the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the county. (c) No home rule county may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-650, eff. 1-1-10.) |
(55 ILCS 5/5-1132) Sec. 5-1132. Contractual assessments; renewable energy sources. A county may enter into voluntary agreements with the owners of property within the unincorporated areas of the county to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.
(Source: P.A. 96-1032, eff. 7-14-10.) |
(55 ILCS 5/5-1133) Sec. 5-1133. Counties of greater than 300,000 but less than 2,000,000; reporting of information; code of conduct for county appointees. (a) A county board in a county with a population greater than 300,000 but less than 2,000,000 may by ordinance require any unit of local government or agency to which the county board chairman or county executive nominates and the county board confirms a majority of member appointments to provide the county with detailed information, including, but not limited to, the unit's or agency's finances, budget, contracts, employment, and ethics policies, in the manner and with the frequency specified by the ordinance. The ordinance may require the unit of local government or agency to immediately disclose to the county any internal or external findings of non-compliance with any law or regulation involving the unit of local government or agency and its personnel.
(b) Notwithstanding any provision of law to the contrary, a county board may by ordinance adopt a code of conduct regarding the fiscal responsibility and procurement authority, as required by State law, local ordinance, or county board policy, as well as the accountability, transparency, and ethical conduct of county appointees, in addition to those requirements mandated by law for and applicable to the appointees to any unit of local government, agency, or commission for which the county board chairman, county executive, or county board serves as the appointing authority. The ordinance may provide that good cause for removing an appointee is established when an appointee violates the code of conduct. Appointees appointed by a county board chairman or county executive, with or without the consent of the county board, may be removed from office for violating the code of conduct by the county board chairman or county executive with concurrence by a 2/3 majority vote of the county board. The appointee shall be provided reasonable notice of the violation and a hearing before the county board or its designee prior to the vote. Appointees appointed by the county board may be removed by a 2/3 majority vote of the county board for violating the code of conduct after providing the appointee with reasonable notice of the violation and a hearing before the county board or its designee. (c) The provisions of this Section do not apply to the removal of county superintendent of highways or county engineer as provided under Section 5-203 of the Illinois Highway Code. (Source: P.A. 97-84, eff. 7-6-11; 98-779, eff. 1-1-15.) |
(55 ILCS 5/5-1134) Sec. 5-1134. Project labor agreements. (a) Any sports, arts, or entertainment facilities that receive revenue from a tax imposed under subsection (b) or (b-5) of Section 5-1030 of this Code shall be considered to be public works within the meaning of the Prevailing Wage Act. The county authorities responsible for the construction, renovation, modification, or alteration of the sports, arts, or entertainment facilities shall enter into project labor agreements with labor organizations as defined in the National Labor Relations Act to assure that no labor dispute interrupts or interferes with the construction, renovation, modification, or alteration of the projects. (b) The project labor agreements must include the following: (1) provisions establishing the minimum hourly wage | ||
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(2) provisions establishing the benefits and other | ||
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(3) provisions establishing that no strike or | ||
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The county, taxing bodies, municipalities, and the labor organizations shall have the authority to include other terms and conditions as they deem necessary. (c) The project labor agreement shall be filed with the Director of Labor in accordance with procedures established by the Department. At a minimum, the project labor agreement must provide the names, addresses, and occupations of the owner of the facilities and the individuals representing the labor organization employees participating in the project labor agreement. The agreement must also specify the terms and conditions required in subsection (b) of this Section. (d) In any agreement for the construction or rehabilitation of a facility using revenue generated under subsection (b) or (b-5) of Section 5-1030 of this Code, in connection with the prequalification of general contractors for construction or rehabilitation of the facility, it shall be required that a commitment will be submitted detailing how the general contractor will expend 15% or more of the aggregate dollar value of the project as a whole with one or more minority-owned businesses, women-owned businesses, or businesses owned by a person with a disability, as these terms are defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.(Source: P.A. 103-781, eff. 8-5-24.) |
(55 ILCS 5/5-1135) Sec. 5-1135. Borrowing from financial institutions. The county board of a county may borrow money for any corporate purpose from any bank or other financial institution provided such money shall be repaid within 2 years from the time the money is borrowed. The county board chairman or county executive, as the case may be, shall execute a promissory note or similar debt instrument, but not a bond, to evidence the indebtedness incurred by the borrowing. The obligation to make the payments due under the promissory note or other debt instrument shall be a lawful direct general obligation of the county payable from the general funds of the county and such other sources of payment as are otherwise lawfully available. The promissory note or other debt instrument shall be authorized by an ordinance passed by the county board and shall be valid whether or not an appropriation with respect to that ordinance is included in any annual or supplemental appropriation adopted by the county board. The indebtedness incurred under this Section, when aggregated with the existing indebtedness of the county, may not exceed any debt limitation otherwise provided for by law. "Financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, any savings bank subject to the Savings Bank Act, any credit union subject to the Illinois Credit Union Act, and any federally chartered commercial bank, savings and loan association, savings bank, or credit union organized and operated in this State pursuant to the laws of the United States.
(Source: P.A. 98-525, eff. 8-23-13; 98-756, eff. 7-16-14.) |
(55 ILCS 5/5-1136) Sec. 5-1136. Quotas prohibited. A county may not require a law enforcement officer to issue a specific number of citations within a designated period of time. This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the county and used to fund traffic enforcement programs. A county may not, for purposes of evaluating a law enforcement officer's job performance, compare the number of
citations issued by the law enforcement officer
to the number of citations issued by any other law
enforcement officer who has similar job duties. Nothing in this Section shall prohibit a county from evaluating a law enforcement officer based on the law enforcement officer's points of contact. For the purposes of this Section: (1) "Points of contact" means any quantifiable | ||
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(2) "Law enforcement officer" includes any sheriff, | ||
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A home rule unit may not establish requirements for or assess the performance of law enforcement officers in a manner inconsistent with this Section. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 98-650, eff. 1-1-15.) |
(55 ILCS 5/5-1182) Sec. 5-1182. Charitable organizations; solicitation. (a) No county may prohibit a charitable organization, as defined in Section 2 of the Charitable Games Act, from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if all of the following requirements are met: (1) The persons to be engaged in the solicitation are | ||
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(2) The charitable organization files an application | ||
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(A) The date or dates and times of day when the | ||
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(B) The location or locations where the | ||
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(C) The manner and conditions under which the | ||
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(D) Proof of a valid liability insurance policy | ||
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The county shall approve the application within 5 business days after the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this Section and are based on articulated public safety concerns. If the county determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past crash history, then the county may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. By acting under this Section, a local agency does not waive or limit any immunity from liability provided by any other provision of law. (b) For purposes of this Section, "local agency" means a county, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois. (c) A home rule unit may not regulate a charitable organization in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.) |
(55 ILCS 5/5-1183) Sec. 5-1183. Household goods recycling bins. (a) Notwithstanding any other provision of law, any county may by ordinance require that all household goods recycling bins have a permanent, written, printed label affixed to the bin that is
prominently displayed and includes the following: (1) the name, address, and contact
information of the person or entity owning, operating, or maintaining that bin; and (2) whether the person or entity owning, operating, or maintaining the bin is a not for
profit entity or a for profit entity. (b) As used in this Section: "Household goods recycling bin" or "bin" means a | ||
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"Not for profit entity" means an entity that is | ||
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(Source: P.A. 98-1116, eff. 1-1-15.) |
(55 ILCS 5/5-1184) Sec. 5-1184. (Repealed). (Source: P.A. 102-558, eff. 8-20-21. Repealed by P.A. 101-604, eff. 12-13-19.) |
(55 ILCS 5/5-1185) Sec. 5-1185. Dissolution of townships in McHenry County. If a township in McHenry County dissolves as provided in Article 24 of the Township Code, McHenry County shall assume the powers, duties, and obligations of each dissolved township as provided in Article 24 of the Township Code.
(Source: P.A. 101-230, eff. 8-9-19; 102-558, eff. 8-20-21.) |
(55 ILCS 5/5-1186) Sec. 5-1186. Kane County criminal courts complex drug treatment center. Notwithstanding any other provision of law: (1) A private drug addiction treatment center may | ||
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(2) Kane County may lease portions of the property | ||
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(3) Kane County may authorize the expenditure of | ||
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(Source: P.A. 102-281, eff. 8-6-21; 102-813, eff. 5-13-22.) |
(55 ILCS 5/5-1187)
Sec. 5-1187. COVID-19 business relief; waiver of business fees, costs, and licensing. Notwithstanding any other provision of law, a county board or board of county commissioners may, by resolution, waive or provide credit for any application or permit costs, fees, or other licensing or registration costs for businesses, including, but not limited to, professional or business licensing, liquor licenses, construction, insurance, sales, builders, contractors, food service, delivery, repair, consultation, legal services, accounting, transportation, manufacturing, technology, assembly, tourism, entertainment, or any business, industry, or service the county is permitted by law to regulate or license. A waiver of business fees or costs shall be subject to an application or review process and a demonstration of need based upon any financial or logistical hardship as a result of the COVID-19 pandemic. Any such waiver or credit shall not be construed to apply to any of the business and licensing costs of the State or any of its agencies or departments and is not an exemption from safety, health, or regulatory requirements or inspections of a county, municipality, or the State.
(Source: P.A. 102-435, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(55 ILCS 5/5-1188) Sec. 5-1188. Sangamon County rescue squad. The Sangamon County Board may form, manage, fund, and operate a volunteer rescue squad to provide assistance within Sangamon County to any public entity providing law enforcement, firefighting, emergency disaster response, or first responder services. The volunteer rescue squad may (i) locate missing persons, including drowning victims, (ii) perform a supporting, and not direct, role in fighting fires, and (iii) extricate persons from unsafe conditions. The Sangamon County Board may provide benefits for rescue squad volunteers who suffer disease, injury, or death in the line of duty.(Source: P.A. 103-274, eff. 1-1-24.) |
(55 ILCS 5/5-1189) (Text of Section from P.A. 103-895) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-1189. Shelby County rescue squad. The Shelby County Board may form, manage, fund, and operate a volunteer rescue squad to provide assistance within Shelby County to any public entity providing law enforcement, firefighting, emergency disaster response, or first responder services. The volunteer rescue squad may (i) locate missing persons, including drowning victims, (ii) perform a supporting, and not direct, role in fighting fires, and (iii) extricate persons from unsafe conditions. The Shelby County Board may provide benefits for rescue squad volunteers who suffer disease, injury, or death in the line of duty.(Source: P.A. 103-895, eff. 1-1-25.) (Text of Section from P.A. 103-947) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-1189. Access to and use of county infrastructure for broadband. A county may lease, license, or otherwise grant access to and use of infrastructure, including fiber optic cables, that the county owns or controls to public or private entities to facilitate the delivery of broadband services on the condition that the lease, license, access, or use: (1) be granted on a nondiscriminatory, nonexclusive, and competitively neutral basis; and (2) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. However, nothing in this Section shall be construed to authorize a county to lease, license, or otherwise grant access to or use of infrastructure that the county does not own or control to public or private entities to facilitate the delivery of broadband services. This Section applies to leases, licenses, or other agreements entered into, amended, or renewed on or after the effective date of this amendatory Act of the 103rd General Assembly.(Source: P.A. 103-947, eff. 1-1-25.) (Text of Section from P.A. 103-988) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-1189. Transportation to problem-solving courts. (a) As used in this Section, "problem-solving court" means a court program regulated under the Drug Court Treatment Act, the Juvenile Drug Court Treatment Act, the Mental Health Court Treatment Act, or the Veterans and Servicemembers Court Treatment Act. (b) Notwithstanding any other provision of law, a county may use funds designated by law or ordinance for transportation purposes to fund rides for persons to attend problem-solving courts. The county may enter into an intergovernmental agreement with another unit of local government for the purposes of this Section. (Source: P.A. 103-988, eff. 1-1-25.) |
(55 ILCS 5/Div. 5-2 heading) Division 5-2.
Excess Taxes
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(55 ILCS 5/5-2001) (from Ch. 34, par. 5-2001)
Sec. 5-2001.
Raising tax in addition to statutory limit.
Whenever the county board deems it necessary to assess taxes
the aggregate of which exceeds the taxes which are authorized to be
levied without a vote of the people as provided in Section 5-1024, the
county board may, by an order entered of record, set forth substantially
the amount of such excess required, the purpose for which the same will be
required, and, if for a limited time, the number of years such excess will
be required to be levied, and if for the payment of interest or principal,
or both, upon bonds shall, in a general way designate the bonds and specify
the number of years such excess will be required to be levied, and provide
for the submission of the question of assessing the additional rate
required to a vote of the people of the county at the next election for
county officers held in such county after the adoption of the resolution.
The board shall certify the resolution and the proposition to the proper
election officials who shall submit the proposition at such general
election in accordance with the general election law. The
proposition shall be substantially in the following form: "For additional
tax in excess of statutory limit of ....% of valuation", and "Against
additional tax in excess of the statutory limit of ....% of valuation". If
a majority of the votes cast upon the question are for the additional tax,
then the county board shall have the power to cause such additional tax to
be levied and collected in accordance with the terms of such resolution,
and the money so collected shall be kept as a separate fund and disbursed
only for the purpose for which the same was raised.
Provided, any surplus that may remain after the payment of all
demands against said fund, may be used for other purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-2002) (from Ch. 34, par. 5-2002)
Sec. 5-2002.
Raising tax in addition to constitutional limit.
Whenever the county board shall deem it necessary to assess
taxes the aggregate of which shall exceed the constitutional limit of
75¢ per $100 valuation of the property of the county, the
county board may, by an order entered of record, set forth substantially
the amount of such excess required, the purpose for which the same shall
be required, and, if for a limited time, the number of years such excess
shall be required to be levied, and if for the payment of principal or
interest, or both, upon bonds, shall, in a general way, designate the
bonds, and provide for the submission of the question of assessing the
additional rate in excess of the constitutional limit of 75¢ per $100
valuation of the property of the county to a vote of the people at any
election held in such county. The board shall certify the question to the
proper election officials, who shall submit the question at an election
in accordance with the general election law.
In addition to the requirements of the general election law, it shall be
the duty of the county clerk in his election notice to give notice to the
voters of the county that the additional tax is in excess of the
constitutional limitation of 75¢ per $100 valuation, setting forth
substantially the amount of such excess to be required, the number of years
such expense shall be required to be levied, and the purpose for which the
tax is to be levied, with such particularity that the tax payer may know
what expenditure the tax is intended to cover. The proposition shall be
"For additional tax in excess of constitutional limit of 75¢ per $100
valuation," and "Against additional tax in excess of constitutional limit
of 75¢ per $100 valuation." If the vote on the proposition receives a
majority of all voters voting at the election at which such proposition is
submitted, the county board shall have the power to cause additional tax to
be levied and collected in accordance with the terms of such resolution,
and the moneys so collected shall be kept as a separate fund and disbursed
only for the purpose for which the same was raised.
Provided, any surplus that may remain after the payment of all demands
against said fund, may be used for other purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-2003) (from Ch. 34, par. 5-2003)
Sec. 5-2003.
Duration of excess levy; submission to vote of
question of discontinuing additional tax. In the event an
excess tax has been voted as provided by Section 5-2001 and the order of the
county board shall not have limited the time such excess will be required
to be levied, the county board may thereafter levy such excess tax until
such authority is revoked in manner hereinafter provided. However, no tax
so voted for the payment of interest or principal or both of any bonds
shall be discontinued by virtue of any of the provisions of this Division.
The authority to levy such excess tax (except taxes to pay bonds) may be
discontinued in the following manner: The County board may, by an order
entered of record, and shall, by an order entered of record whenever five
hundred legal voters of the County present petition to it asking that said
excess tax be discontinued, provide for the submission of the question of
discontinuing the additional tax at the next general election held in such
county after the adoption of the resolution. The board shall certify the
resolution and the question to the proper election officials, who shall submit
the question at such election in accordance with the general election law.
The proposition shall be in substantially the following form: "For
discontinuing additional tax in excess of statutory limit of.... cents per
$100 valuation" and "Against discontinuing additional tax in excess of
statutory limit of.... cents per $100 valuation." The votes shall be
canvassed and returned the same as those for county officers, and if a
majority of the votes cast upon the question are for the discontinuing of
the additional tax, then such additional tax shall not be levied thereafter.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-2004) (from Ch. 34, par. 5-2004)
Sec. 5-2004.
Revocation of authority to levy excess tax;
submission to vote. In the event an excess tax has been voted
as provided by Section 5-2002 and the order of
the county board shall not have limited
the time such excess will be required to be levied, the county board may
thereafter levy such excess tax until such authority is revoked in manner
hereinafter provided. However, no tax so voted for the payment of interest
or principal or both of any bonds shall be discontinued by virtue of any
of the provisions of this Division. The authority to levy such
excess tax (except taxes to pay bonds) may be discontinued in the following
manner: The county board may, by an order entered of record, and shall, by
an order entered of record whenever 500 legal voters of the County
present a petition to it asking that said excess tax be discontinued,
provide for the submission of the question of discontinuing the additional
tax at any regular election held in such county, after the adoption of the
resolution. The board shall certify the resolution and the question to the
proper election officials, who shall submit the question at a referendum in
accordance with the general election law. The question shall be in
substantially the following form: "For discontinuing additional tax in
excess of constitutional limit of 75¢ per $100 valuation" and
"Against discontinuing additional tax in excess of constitutional limit
of 75¢ per $100 valuation." If the vote on the proposition receives a
majority of all voters voting on the referendum such additional tax shall
not be levied thereafter.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-2005) (from Ch. 34, par. 5-2005)
Sec. 5-2005.
Inclusion of question of issuing bonds and raising
tax. If it shall be deemed necessary to submit to a vote of the people at
the same election, the question of issuing bonds and the raising of such
additional tax, either in excess of the statutory or constitutional limit,
the same may be included in one referendum, and in that case the question
shall be in substantially the following form: "For bonds and additional tax
in excess of statutory limit" or "For bonds and additional tax in excess of
constitutional limit of 75¢ per $100 valuation," and "Against bonds and
additional tax in excess of statutory limit" or "Against bonds and
additional tax in excess of constitutional limit of 75¢ per $100 valuation."
(Source: P.A. 86-962.)
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(55 ILCS 5/5-2006) (from Ch. 34, par. 5-2006)
Sec. 5-2006. Tax for Veterans Assistance Commission. The county
board of each county having a population of less than 3 million in which
there is a Veterans Assistance Commission as provided in Section 9 of the
Military Veterans Assistance Act may levy a tax of not to exceed .03% of
the assessed value annually on all taxable property of the county, for the
purpose of providing assistance to military veterans and their families
pursuant to such Act. Whenever not less than 10% of the electors of the
county petition the county board to levy the tax at not to exceed .04% of
the assessed value, the county board shall certify the proposition to the
proper election officials who shall submit the proposition at the next
general election in accordance with the general election law. If a majority
of the electors vote in favor of the proposition, the county board may,
annually, levy the tax as authorized. The proceeds of any tax so levied
shall be used exclusively for the assistance purposes authorized
thereunder, and a portion thereof may be expended for the salaries of any officers or employees of the Veterans Assistance Commission, for the authorized reimbursement of any officer or employee of the Veterans Assistance Commission, as provided in Section 10 of the Military Veterans Assistance Act, or for any other expenses incident to the administration of such assistance.
The tax shall be separate from all other taxes which the
county is authorized to levy on the aggregate valuation of the property within the
county and shall not be included in any tax limitation of the rate upon
which taxes are required to be extended, but shall be excluded therefrom
and in addition thereto. The tax shall be levied and collected in like
manner as the general taxes of the county, and, when collected, shall be
paid into a special fund in the county treasury and used only as herein
authorized, or disbursed from the county treasury of a county in which a properly organized Veterans Assistance Commission is authorized under Section 3-11008 of this Code.
The limitations on tax rates herein provided may be increased or decreased
under the referendum provisions of the General Revenue Law of Illinois.
If a county has levied the tax herein authorized or otherwise meets the
conditions set out in Section 12-21.13 of the Illinois Public Aid Code,
to qualify for State funds to supplement local funds for public purposes
under Articles III, IV, V, VI, and IX of that Code and otherwise meets the conditions
set out in Article XII of that Code for receipt of State aid, the Illinois
Department of Human Services shall allocate and pay to the
county such
additional sums as it determines to be necessary to meet the needs of
assistance to military veterans and their families in the county and
expenses incident to the administration of such assistance. In counties where a Veterans Assistance Commission has been properly
created, those County Veterans Assistance Commissions shall be in charge of the administration of such assistance provided under the Illinois Public Aid Code for military veterans and their families.
(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
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(55 ILCS 5/5-2007) (from Ch. 34, par. 5-2007)
Sec. 5-2007.
Election; form of proposition; validation.
Where,
in any county prior to March 13, 1961, a majority of the legal
voters voting on the proposition to issue county bonds and voting to levy
an additional annual tax for the payment thereof in excess of the statutory
limit of 12 1/2¢ per $100 valuation of taxable property and in excess of
all taxes levied by said county for general county purposes without a
referendum and in addition to and in excess of all other taxes authorized
or permitted to be levied by said county within the constitutional limit of
75¢ per $100 valuation of taxable property in said county, have voted for
bonds and additional tax in excess of statutory limit of 12 1/2¢ per $100
valuation at a referendum and held for such purpose, and notice of such
election contained a statement of the proposition to be voted upon, and the
proposition was substantially in the form as set out by statute, such
referendum is hereby validated in all respects, notwithstanding that the
proposition stated the statutory limit of 12 1/2¢ per $100 valuation
instead of such statutory limit as reduced by the applicable provisions of
the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-3 heading) Division 5-3.
Contracts in General
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(55 ILCS 5/5-3001) (from Ch. 34, par. 5-3001)
Sec. 5-3001.
Deeds and conveyances; validation.
All deeds, grants and
conveyances heretofore made, and duly acknowledged and recorded as other
deeds, conveying any lands, tenements or hereditaments to any county or to
the inhabitants of any county, or to the county commissioners, county
board, or to the governor, or any other officer or person or persons, by
whatever form of conveyance, for the use and benefit of any county, shall
be good and valid, to all intents and purposes, to vest in such county, in
fee simple, or otherwise, all such right, title, interest an estate as the
grantor or grantors in any such deed or conveyance had, at the time of the
execution thereof, in the land conveyed and intended thereby to be conveyed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-3002) (from Ch. 34, par. 5-3002)
Sec. 5-3002.
Contractual rights of county; suits.
All notes,
bonds, bills, contracts, covenants, agreements or writings, made or to be
made, whereby any person is or shall be bound to the People of the State of
Illinois, or to any county or the inhabitants thereof, or to the county
commissioners, or the county board, or to the governor, or any other
officer or person, in whatever form, for the payment of money, or any debt
or duty, or the performance of any matter or thing to or for the use of any
county, shall be as valid and effectual, to all intents and purposes, to
vest in such county all the rights, interest and actions which would be
vested in any individual, if any such contract had been made directly to
him. Suits may be commenced, sued and prosecuted thereon in the name of the
county, as is provided herein, or in the name of the officer or person to
whom they are made, to the use of the county, as fully and effectually, to
all intents and purposes, as any person may or can upon like notes, bills,
bonds, contracts, agreements or writings made to him.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-3003) Sec. 5-3003. Contracts for goods and services valued at more than $30,000. (a) As used in this Section, "familial relationship" means an individual's father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (b) A county may deny, suspend, or terminate the eligibility of a person, firm, corporation, association, agency, institution, or other legal entity to participate as a vendor of goods or services to the county if the vendor, for contracts greater than $30,000, fails to disclose to the county a familial relationship between a county elected official or county department director and any of the following individuals who have the authority to act on behalf of and with the power to bind the respective person, firm, corporation, association, agency, institution, or other legal entity: a corporate officer; a member of the corporate board of directors; a limited liability company manager; a member with management authority of a limited liability company; or a partner of a partnership. (c) If a person, firm, corporation, association, agency, institution, or other legal entity seeking to contract with the county has a familial relationship required to be disclosed under subsection (b), then the contract may be approved or renewed by roll call vote of the county board following a recitation of the name of the county official and the nature of the familial relationship being disclosed.
(Source: P.A. 101-544, eff. 8-23-19.) |
(55 ILCS 5/Div. 5-4 heading) Division 5-4.
Contracts for Heat and Electricity -
Counties over 500,000 Population
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(55 ILCS 5/5-4001) (from Ch. 34, par. 5-4001)
Sec. 5-4001.
Contracts with municipality.
In any county of 500,000
population or over having a public building or buildings owned by said
county, adjacent or contiguous to a public building or buildings belonging
to any municipality within such county, such county and municipal
corporation may contract with each other, and they are hereby empowered to
sell and deliver, one to the other, heat or electricity from the plant or
plants located in the building or buildings of one for use in such building
or buildings of the other, and it shall not be necessary to advertise for
bids before entering into contracts hereunder: Provided, however, that a
saving over previous expenditures must thereby be secured to either or both.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-5 heading) Division 5-5.
Contracts for Police Protection
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(55 ILCS 5/5-5001) (from Ch. 34, par. 5-5001)
Sec. 5-5001.
Police protection in townships outside incorporated
municipalities. The county board of any county may contract, with advice and
consent of the sheriff in the county in which the request for contract
services is made, based upon a determination of law enforcement needs of the
area in which contract services are sought,
with any
township in the county to furnish police protection outside of any
incorporated municipality in the township.
(Source: P.A. 91-633, eff. 12-1-99.)
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(55 ILCS 5/Div. 5-6 heading) Division 5-6.
Adoption of Codes and Records by Reference
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(55 ILCS 5/5-6001) (from Ch. 34, par. 5-6001)
Sec. 5-6001.
Definitions.
As used in the text of this
Division, the following terms shall have the meanings indicated
as follows, unless the context otherwise requires:
"Code" shall mean and include any published compilation of rules and
regulations which have been prepared by various technical trade or service
associations and shall include specifically, but shall not be limited to,
building codes; plumbing codes; electrical wiring codes; fire prevention
codes; codes for the slaughtering, processing, and selling of meats and
meat products for human consumption; codes for the production, pasteurizing
and sale of milk and milk products, together with any other code which
embraces rules and regulations pertinent to a subject which is a proper
county legislative matter;
"Public record" shall mean and include any county, state, or federal
statute, rule, or regulation adopted prior to the exercise by any county of
the authority to incorporate by reference herein granted; provided,
however, that this definition shall not include the county ordinances or
resolutions, rules or regulations of any county except those of the county
which is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
"Published" shall mean printed, lithographed, multigraphed,
mimeographed, or otherwise reproduced.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6002) (from Ch. 34, par. 5-6002)
Sec. 5-6002.
Adoption of codes and public records by reference.
Any
county is authorized to adopt by reference the provisions of any code or
portions of any code as herein defined, without setting forth the
provisions of such codes in full, provided that at least 3 copies of such
code which is incorporated or adopted by reference are filed in the office
of the county clerk and there kept available for public use, inspection,
and examination. Any county is likewise authorized and empowered to adopt
by reference the provisions of any public records, provided, likewise, that
3 copies of such public record are kept on file in the office of the county
clerk as provided above for codes. The filing requirement herein prescribed
shall not be deemed to be complied with unless the required copies of such
code or public record are filed with the county clerk for a period of 15
days prior to adoption of the ordinance or resolution which incorporates
such code or public record by reference.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6003) (from Ch. 34, par. 5-6003)
Sec. 5-6003.
Publication of adopting ordinance or resolution.
Nothing
contained in this Division shall be deemed to relieve any county from the
requirement of publishing the ordinance or resolution in full which adopts
such code or public record by reference, and all provisions applicable to
such publication shall be fully and completely carried out as if no code or
public record was incorporated therein.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6004) (from Ch. 34, par. 5-6004)
Sec. 5-6004.
Adoption of penalty clauses by reference prohibited.
Nothing contained in this Division shall be deemed to permit the adoption
of the penalty clauses by reference which may be established
in the code or public record which is being incorporated by reference, and
such penalty clauses shall be set forth in full in the adopting ordinance
or resolution and be published along with and in the same manner as the
adopting ordinance or resolution is required to be published.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6005) (from Ch. 34, par. 5-6005)
Sec. 5-6005.
Amendments to codes or public records.
Any amendment
which may be made to any code or public record incorporated by reference by
a county hereunder, may be likewise adopted by reference provided that the
required number of amended or corrected copies are filed with the county
clerk for inspection, use, and examination by the public. Ordinances or
resolutions adopting amendments by reference shall be required to be
published as any other ordinances or resolutions of the county and the
requirement as to prior filing before passage shall apply likewise to
amendments.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6006) (from Ch. 34, par. 5-6006)
Sec. 5-6006.
Ratification of previous adoptions by
reference. Any county which has heretofore enacted a code
or public record by reference thereto shall not be required
to re-enact such code or public record by reason of this Division,
and all previous incorporations by reference which would have been
valid if this Division had then been in effect, are hereby ratified
and declared effective, provided, however, that the requisite number
of copies are forthwith filed with the county clerk, if they have
not already been so filed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-6008) Sec. 5-6008. Building permits. Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.
(Source: P.A. 95-512, eff. 1-1-08.) |
(55 ILCS 5/Div. 5-7 heading) Division 5-7.
Nonsectarian Hospitals
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(55 ILCS 5/5-7001) (from Ch. 34, par. 5-7001)
Sec. 5-7001.
Tax for maintaining public nonsectarian
hospitals. Each county board, subject to the
provisions of Section 5-7002, has power to levy a tax of not to
exceed .25%, or the rate limit in effect on July 1, 1967, whichever is
greater, of the value, as equalized or assessed by the
Department of Revenue, annually on all taxable property of
the county, for the purpose of maintaining public nonsectarian hospitals
located in the county. Such tax shall be levied and collected in like
manner as the general taxes of the county, and shall, when collected, be
paid into the "Hospital Fund", which fund is hereby created. Such tax shall
be in addition to all other taxes which the county is now, or hereafter may
be, authorized to levy on the aggregate valuation of the property within
the county and shall not be included in any tax limitation of rate upon
which taxes are required to be extended but shall be excluded therefrom and
in addition thereto. The foregoing limitations upon tax rates, insofar as
they are applicable to counties of less than 1,000,000 population, may be
increased or decreased under the referendum provisions of the General
Revenue Law of Illinois.
For the purposes of this Division the words, "public nonsectarian
hospital", shall be construed to include community hospitals operated on a
non-profit basis, which are required by the terms of any contract to
receive and care for acutely ill patients up to 25 per cent of the service
rendered by such hospital expressed in terms of patient-days, regardless of
whether the hospital receives compensation from such patients for the
services rendered.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-7002) (from Ch. 34, par. 5-7002)
Sec. 5-7002.
Election for tax levy.
When a county board passes a
resolution asking that an annual tax may be levied for the purpose of
maintaining public nonsectarian hospitals in the county, and so instructs
the county clerk, the county board shall certify the resolution and the
proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall.... County levy anannual tax of not to exceed YES.25 per cent for the purpose of maintaining public NOnonsectarian hospitals?
If a majority of all the votes cast upon the proposition are for the
levy of such tax, the county board may thereafter annually levy such
tax, and thereafter the county board shall, in the annual appropriation
bill, appropriate from such fund such sum or sums of money as may be
deemed necessary to defray necessary expenses and liabilities of such
hospitals.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-7003) (from Ch. 34, par. 5-7003)
Sec. 5-7003.
Discontinuance of tax.
When 100 legal voters of any
county which has adopted the provisions of this Division presents a
petition to the county clerk, requesting that the levying of a tax annually
in such county for the purpose of maintaining public nonsectarian hospitals
be discontinued, the county clerk shall certify the proposition to any
board of election commissioners in the county and he and they shall submit
the proposition at an election in accordance with the general election law.
The proposition shall be substantially in the following form:
Shall .... County discontinue the levying of an annual YES tax for the purpose of maintaining public NO nonsectarian hospitals?
If a majority of all the votes cast upon the proposition are for the
discontinuance of the levying of such tax, the county board shall not
thereafter levy such tax unless a proposition authorizing such levy
again receives a majority of all the votes cast upon the proposition as
prescribed by Section 5-7002.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-8 heading) Division 5-8.
Garbage Disposal
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(55 ILCS 5/5-8001) (from Ch. 34, par. 5-8001)
Sec. 5-8001.
Definitions.
As used in this Division:
"Garbage" means any refuse products or materials including but not
limited to the following: putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking,
sale or consumption of food; animal excretion; glass or metal
containers, products or objects discarded as no longer useable; paper,
wood, and cardboard waste; uprooted weeds, grass clippings, leaves and
the like; ashes and cinders; discarded furniture or clothing; and dead
animals. The term "garbage" does not include human excretion in the form
of body waste.
"Garbage disposal area" means any area within a county but outside
any city, village or incorporated town in such county to which garbage
is hauled for disposal. The term does not include the area on any
person's land used for disposal of garbage from such person's own
household, nor does it include areas maintained by any incorporated
city, village or town.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8002) (from Ch. 34, par. 5-8002)
Sec. 5-8002.
Rules and regulations; licenses.
The
county board in any county is authorized to:
(1) license annually garbage disposal areas. License forms shall be
supplied by the county board and shall provide for the following
information: name and address of the applicant; name and address of the
owner of the land where the garbage disposal area is located; a description
of the location of the property to be used; the method to be used in
disposing of the garbage and the approximate amount of garbage to be
disposed of weekly.
(2) license annually vehicles of any kind which are used in hauling
garbage to such disposal areas except such vehicles owned or operated by
any incorporated city, village or town used in hauling garbage to any
garbage disposal area maintained by such city, village or town. License
forms shall be furnished by the county board and shall provide for the
following information: name and address of hauler; a description of the
vehicle; the place where such vehicle is kept when not in use.
(3) make rules and regulations pertaining to and provide for inspections
of garbage disposal areas and garbage hauling vehicles to insure reasonable
health standards.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8003) (from Ch. 34, par. 5-8003)
Sec. 5-8003.
Fees.
The county board in any county may fix the
annual amounts of fees, terms and manner of issuing and revoking licenses
provided for in this Division and for such purpose may, by ordinance
definition, subclassify the types of licenses authorized by this Division.
The fees for licenses shall not exceed the following:
(1) For each garbage disposal area, $500 per annum.
(2) For each vehicle used in hauling garbage to a garbage disposal area,
$50 per vehicle per annum.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8004) (from Ch. 34, par. 5-8004)
Sec. 5-8004.
Local option.
Any county board desiring to avail its
county of the provisions of this Division may do so by ordinance. Such
ordinance shall also set out the rules and regulations adopted by the
county board under the authority granted in this Division. Such ordinance
shall be placed on file in the office of the clerk of the county and shall
be open for inspection by the public. At least 30 days prior to the
enacting of such an ordinance, the county board shall cause the
ordinance to be published in a newspaper of general circulation within
the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8005) (from Ch. 34, par. 5-8005)
Sec. 5-8005.
Inspection.
The county board or any of its authorized
agents shall have authority to inspect at any time or place any vehicle
used in hauling garbage or any garbage disposal area.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8006) (from Ch. 34, par. 5-8006)
Sec. 5-8006.
Penalties for violations.
Any person who violates any
ordinance, rule, or regulation adopted pursuant to this Division commits a
petty offense and may be punished by a suspension of any license held.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-8007) (from Ch. 34, par. 5-8007)
Sec. 5-8007.
In any review proceeding of a decision of the county board
made pursuant to this Division, the plaintiff in the review proceeding
shall pay to the county the cost of preparing and certifying the record of
proceedings. Should the plaintiff in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil Procedure, as
now or hereafter amended, shall apply.
(Source: P.A. 86-1028; 87-435.)
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(55 ILCS 5/Div. 5-9 heading) Division 5-9.
Motor Vehicle Races and Stunts
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(55 ILCS 5/5-9001) (from Ch. 34, par. 5-9001)
Sec. 5-9001.
Necessity of permit.
In counties having a population of
500,000 or less inhabitants, no person, other than a county fair
association, state fair or other not for profit association or corporation,
shall hold any motor vehicle race or motor vehicle stunt event unless he
obtains a written permit to do so from the county board of such county
wherein the race or event is to take place.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-9002) (from Ch. 34, par. 5-9002)
Sec. 5-9002.
Fees.
Each county board shall fix a permit fee not to
exceed $100 for all races and events held by a person, other than a county
fair association, state fair or other not for profit association or
corporation, on a single day. Each permit shall specify the day or days for
which the permit is effective. Provided, however, that if the race or event
for which such permit is issued, is rained out or postponed for other good
cause shown, the permit shall be valid for use within the next 8 days of
the date specified in the permit. No permit shall be issued unless the fee
is fully paid in advance of issuance. The county board shall pay one-half
of each fee into the county treasury and shall transfer the remainder to
the road and bridge fund of the township or road district wherein the race
or event takes place.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-10 heading) Division 5-10.
Dance Halls and Road Houses
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(55 ILCS 5/5-10001) (from Ch. 34, par. 5-10001)
Sec. 5-10001.
License required.
It shall hereafter be unlawful for
any person or persons to operate or maintain a public dance hall or road
house for the use of the general public outside of the limits of any city,
village or incorporated town without first obtaining a license therefor
from the county board of the county where the public dance hall is
situated, in accordance with the provisions of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10002) (from Ch. 34, par. 5-10002)
Sec. 5-10002.
Issuance of license.
Power is hereby granted to the
county boards of the several counties of the State to issue the license
provided for in this Division, and to revoke the same for the causes herein
provided. The license shall expire at the end of one year from the date it
is issued. Old licenses may be renewed for the period of one year on
application being made therefor to the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10003) (from Ch. 34, par. 5-10003)
Sec. 5-10003.
Operation without license.
Any person or persons
operating or maintaining a dance hall, or road house at the time this
Division takes effect, shall be privileged to continue the operation and
maintenance of such dance hall without a license, until the county board at
its next regular meeting shall have issued or refused a license under the
other provisions of this Division; and it is further provided that the
operator or maintainor of such dance hall or road house shall make an
application for a yearly license at said meeting, or cease operating or
maintaining such dance hall, or road house.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
Sec. 5-10004. Qualifications for license. A license to operate
or maintain a dance hall may be issued by the county board to any citizen,
firm, or corporation of the State:
(1) who submits a written application for a license, | ||
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(a) the name, address, and residence of the | ||
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(b) the place of birth of the applicant and, if | ||
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(c) whether the applicant has a prior felony | ||
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(d) the location of the place or building where | ||
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(2) who establishes:
(a) that he is a person of good moral character; | ||
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(b) that the place or building where the dance | ||
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(Source: P.A. 102-558, eff. 8-20-21.)
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(55 ILCS 5/5-10004a) Sec. 5-10004a. Applicant convictions. (a) Applicants shall not be required to report the following information and the following information shall not be considered in connection with an application for a license under this Act: (1) Juvenile adjudications of delinquent minors, as | ||
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(2) Law enforcement records, court records, and | ||
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(3) Records of arrest not followed by a conviction. (4) Convictions overturned by a higher court. (5) Convictions or arrests that have been sealed or | ||
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(b) No application for a license under this Division shall be denied by reason of a finding of lack of good moral character when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses. (c) The county board, upon finding that an applicant for a license under this Act has a prior conviction for a felony, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if a license may be denied because the conviction will impair the ability of the applicant to engage in the position for which a license is sought: (1) the lack of direct relation of the offense for | ||
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(2) whether 5 years since a felony conviction or 3 | ||
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(3) if the applicant was previously licensed or | ||
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(4) the age of the person at the time of the criminal | ||
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(5) successful completion of sentence and, for | ||
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(6) evidence of the applicant's present fitness and | ||
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(7) evidence of rehabilitation or rehabilitative | ||
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(8) any other mitigating factors that contribute to | ||
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(d) If the county board refuses to issue a license to an applicant, then the county board shall notify the applicant of the denial in writing with the following included in the notice of denial: (1) a statement about the decision to refuse to issue | ||
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(2) a list of the convictions that the county board | ||
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(3) a list of convictions that formed the sole or | ||
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(4) a summary of the appeal process or the earliest | ||
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(e) No later than May 1 of each year, the board must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum: (1) the number of applicants for a new or renewal | ||
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(2) the number of applicants for a new or renewal | ||
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(3) the number of applicants for a new or renewal | ||
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(4) the number of applicants for a new or renewal | ||
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(5) the number of applicants for a new or renewal | ||
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(6) the number of applicants for a new or renewal | ||
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(Source: P.A. 100-286, eff. 1-1-18.) |
(55 ILCS 5/5-10005) (from Ch. 34, par. 5-10005)
Sec. 5-10005.
Investigation of application; fee.
The
county board may make a thorough investigation to determine
the fitness of the applicant and the truth of the statements
made in and accompanying the application, but its decision on
an application to issue or renew a license shall be rendered
within 30 days after the application is received; the license
fee required under the provisions of this Division shall not
exceed $25 in counties of less than 200,000 population, and
shall not exceed $50 in counties of more than 200,000 population.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10006) (from Ch. 34, par. 5-10006)
Sec. 5-10006.
Hours of operation.
All dance halls and road houses
subject to the provisions of this Division shall be open to the
public only during reasonable hours, and the county board may designate
such reasonable hours and establish such other rules and regulations as
tend to promote good order and morals.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10007) (from Ch. 34, par. 5-10007)
Sec. 5-10007.
Revocation of license.
The president of the county
board may revoke the license of any licensee:
(1) Who knowingly permits any person under sixteen years of age to be
present in or to frequent such dance hall or road house, unless accompanied
by his parent or legal guardian or proper escort, male or female.
(2) When the dance hall or road house, as operated and maintained,
unreasonably and needlessly disturbs the peace of the neighborhood.
(3) When disorderly or immoral practices are permitted, or intoxicating
liquor is sold on the premises.
(4) When circumstances happen or become known to the county board,
which, had they happened or been known at the time of the application for
the license, would have legally justified the county board in refusing the
license.
(5) When such dance hall or road house is opened or remains open outside
the hours designated by the county board.
(6) When the licensee violates any of the rules and regulations issued
by the county board.
When any license is revoked by the county board it shall not issue a
license to operate a dance hall or road house on such premises until after
a period of three months have elapsed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008)
Sec. 5-10008.
Prohibited persons.
It shall be unlawful for any known
prostitute, male or female procurer, vagrant, or intoxicated person to be
present at any dance hall or road house licensed under this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10009) (from Ch. 34, par. 5-10009)
Sec. 5-10009.
Violations.
Any person who violates any provision of
this Division, or who makes a false statement concerning any material fact
in submitting an application for a license or for a renewal of a license or
in any hearing concerning the revocation thereof, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-10010) (from Ch. 34, par. 5-10010)
Sec. 5-10010.
State property.
The provisions of this Division shall
have no application to dance halls or dance pavilions located upon any
State property or within any State park, belonging to the State of
Illinois, nor to any concessions or concessionaire on or within any such
State property, park or territory.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-11 heading) Division 5-11.
Parking Facilities
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(55 ILCS 5/5-11001) (from Ch. 34, par. 5-11001)
Sec. 5-11001.
Construction and maintenance of parking facilities.
Any county is hereby authorized to:
(a) Own, construct, equip, manage, control, erect, improve, extend,
maintain and operate motor vehicle parking lots, garages, parking meters,
and any other revenue producing facilities necessary or incidental to the
regulation, control and parking of motor vehicles (hereinafter referred to
as parking facilities), and to purchase real estate to be used for parking
facilities, as the county board finds necessary;
(b) Maintain, improve, extend and operate any such parking facilities
and to charge for the use thereof;
(c) Borrow money and issue and sell bonds in such amount or amounts as
the county board may determine for the purpose of acquiring, completing,
erecting, constructing, equipping, improving, extending, maintaining or
operating any or all of its parking facilities, and to refund and refinance
the same from time to time as often as it shall be advantageous and to the
public interest to do so;
(d) Acquire by eminent domain sufficient real estate for motor vehicle
parking lots or garages.
(Source: P.A. 93-420, eff. 8-5-03.)
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(55 ILCS 5/5-11002) (from Ch. 34, par. 5-11002)
Sec. 5-11002.
Bonds.
All bonds issued under authority of this
Division shall bear interest at not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, and may be sold by the county board in such
manner as they deem best in the public interest; provided, however, such
bonds shall be sold at such price that the interest cost of the proceeds
therefrom will not exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
based on the average maturity of such bonds, and computed according to
standard tables of bond values. Such bonds shall be payable solely and only
from the revenues to be derived from the operation of any or all of its
parking facilities and shall be secured by a pledge of the revenues of any
or all of its parking facilities.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Uniform Commercial Code.
Such bonds may bear such date or dates and may mature at such time or
times, not exceeding 30 years from their date or dates, and may be in such
form, carry such registration privilege, may be payable at such place or
places, may be subject to such terms of redemption, prior to maturity, with
or without premium, as so stated on the face of the bond, and contain such
terms and covenants, all as may be provided by ordinance authorizing the
issuance of such bonds. To secure the payment of any or all of such bonds
and for the purpose of setting forth the covenants and undertakings of the
county in connection with the issuance of any additional bonds, as well as
the use and application of the revenue and income to be derived from the
said facilities, the county board may execute and deliver a trust agreement
and agreements. Such bonds shall be executed by such officers as the county
board shall designate in the said ordinance. Any bonds bearing the
signatures of officers in office at the date of signing thereof shall be
valid and binding for all purposes, notwithstanding that before delivery
thereof any or all such persons whose signatures appear thereon shall cease
to be such officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities and shall state upon its face that it does not constitute an
obligation of the county within the meaning of any constitutional or
statutory limitation or provision.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
in relation to the construction, operation and maintenance of parking
facilities for motor vehicles by counties", approved July 13, 1955, that
may appear to be or to have been more restrictive than those Acts, (ii)
that the provisions of this Section or its predecessor are not a limitation
on the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to the
construction, operation and maintenance of parking facilities for motor
vehicles by counties", approved July 13, 1955, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-11003) (from Ch. 34, par. 5-11003)
Sec. 5-11003.
Ordinances; publication.
The county board availing of
the provisions of this Division shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor, which shall be placed on file in the office of the Clerk of such
county, and which shall be open for the inspection of the public. Such
ordinance shall state the estimated cost of such project, fix the amount of
the revenue bonds proposed to be issued, the maturity or maturities, the
interest rate, and all details in respect thereof. Such ordinance shall
contain such covenants and restrictions as may be deemed necessary or
advisable by the county board, and without limiting the generality of the
foregoing, such ordinance shall contain such covenants as may be determined
by the county board as to:
(a) The issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of any such parking
facilities and for the payment of the principal and interest upon such
bonds;
(b) The regulation as to the use of any such parking facilities to
assure the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the
revenues to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the county to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the project and prompt
payment of principal of and interest upon the said bonds so authorized.
(g) The execution of any trust agreement or agreements containing such
covenants and conditions as may be agreed upon between any purchaser and
the county board to secure payment of any such revenue bonds.
After said ordinance has been adopted and approved, it shall be
published once in a newspaper published and having general circulation in
such county, or if there be no such newspaper published in such county,
then the ordinance shall be posted in at least 5 of the most public
places in such county, and shall become effective 10 days after
publication or posting thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-11004) (from Ch. 34, par. 5-11004)
Sec. 5-11004.
Charges and fees.
Whenever bonds are issued as provided
by this Division it shall be the duty of the county board to establish
charges and fees for the use of any such parking facilities sufficient at
all times to pay maintenance and operation costs, and principal of and
interest upon such bonds, and all revenues derived from the operation
thereof shall be set aside as a separate fund and account and used only as
hereinafter provided.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-11005) (from Ch. 34, par. 5-11005)
Sec. 5-11005.
Disposition of funds.
Whenever revenue bonds are issued
under this Division, the revenues derived from the operation of the project
shall be set aside as collected and be deposited in a separate fund,
separate and apart from all other funds of such county, and be used in
paying the cost of maintenance and operation, paying the principal of and
interest upon the bonds of such county, issued under this Division, and for
the transfer of any surplus amounts annually to the general corporate fund
of any such county only when and in the manner permitted and authorized in
accordance with the covenants and provisions and terms of the ordinance
authorizing the issuance of any such bonds under the provisions of this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-11006) (from Ch. 34, par. 5-11006)
Sec. 5-11006.
Contract with bondholders.
The provisions of this
Division, and of any ordinance or other proceeding authorizing the issuance
of bonds under the provisions of this Division, shall constitute a contract
with the holders of such bonds, and any holder of a bond or bonds, or any
of the coupons of any bond or bonds of said county, issued under this
Division, may by action, mandamus, injunction or other proceeding, enforce
and compel the performance of all duties required by this Division,
including the making and collecting of sufficient charges and fees for
service and use thereof, and the application of income and revenue thereof.
In the event a trust agreement or agreements are executed and delivered to
secure the payment of any such bonds, said trust agreement or agreements
may prescribe by whom and on whose behalf such action may be instituted to
compel performance and compliance therewith and of the duties and
obligations required by this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-11007) (from Ch. 34, par. 5-11007)
Sec. 5-11007.
Regulation by county board.
The county board is hereby
granted authority to make all reasonable rules and regulations of the
county regarding the management and control and use of any such parking
facility or facilities.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-11008) (from Ch. 34, par. 5-11008)
Sec. 5-11008.
Leases; disposition of revenue.
The county board is
hereby given the authority to lease all
or any part of any such parking facilities, and to fix and collect the
rentals therefor, and to fix, charge and collect rentals, fees and
charges to be paid for the use of the whole or any part of any such
parking facilities, and to make contracts for the operation and
management of the same, and to provide for the use, management and
operation of such parking facilities through lease or by its own
employees, or otherwise; provided, however, that no lease for the
operation or management of any such parking facilities shall be made for
more than one year, except to the highest and best bidder after notice
requesting bids shall have been given by at least one publication in
some newspaper of general circulation published in the county, such
publication to be made once each week for at least two weeks before the
date of receiving bids therefor. All income and revenue derived from any
such lease or contract shall be deposited in a separate account and used
solely and only for the purpose of maintaining and operating the
project, and paying the principal of and interest on any bonds issued
pursuant to ordinance under the provisions of this Division.
Further any contract or obligation involving the borrowing of money for
such purposes, incurred by the county board in the maintenance and
operation of any such parking facilities shall be payable solely and only
from the revenues derived from the operation of the project.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-12 heading) Division 5-12.
Zoning
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(55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
Sec. 5-12001. Authority to regulate and restrict location and use of
structures.
For the purpose of promoting the public health, safety, morals,
comfort and general welfare, conserving the values of property throughout the
county, lessening or avoiding congestion in the public streets and
highways, and lessening or avoiding the hazards to persons and damage to
property resulting from the accumulation or runoff of storm or flood
waters, the county board or board of county commissioners, as the
case may be, of each county, shall have the power to regulate and restrict
the location and use of buildings, structures and land for trade, industry,
residence and other uses which may be specified by such board, to regulate
and restrict the intensity of such uses, to establish building or setback
lines on or along any street, trafficway, drive, parkway or storm or
floodwater runoff channel or basin outside the limits of cities, villages
and incorporated towns which have in effect municipal zoning ordinances; to
divide the entire county outside the limits of such cities, villages and
incorporated towns into districts of such number, shape, area and of such
different classes, according to the use of land and buildings, the
intensity of such use (including height of buildings and structures and
surrounding open space) and other classification as may be deemed best
suited to carry out the purposes of this Division; to prohibit uses, buildings
or structures incompatible with the character of such districts
respectively; and to prevent additions to and alteration or remodeling of
existing buildings or structures in such a way as to avoid the restrictions
and limitations lawfully imposed hereunder: Provided, that permits with
respect to the erection, maintenance, repair, alteration, remodeling or
extension of buildings or structures used or to be used for agricultural
purposes shall be issued free of any charge. The corporate authorities
of the county may by ordinance require the construction of fences around
or protective covers over previously constructed artificial basins of water
dug in the ground and
used for swimming or wading, which are located on private residential
property and intended for the use of the owner and guests. In all ordinances or
resolutions passed under the authority of this Division, due allowance
shall be made for existing conditions, the conservation of property values,
the directions of building development to the best advantage of the entire
county, and the uses to which property is devoted at the time of the
enactment of any such ordinance or resolution.
The powers by this Division given shall not be exercised so as to deprive the
owner of any existing property of its use or maintenance for the purpose to
which it is then lawfully devoted, but provisions may be made for (i) the
gradual elimination of the uses of unimproved lands or lot areas when the
existing
rights of the persons in possession are terminated or when the uses
to which they are devoted are discontinued, (ii) the gradual elimination of
uses
to which the buildings and structures are devoted if they are adaptable
to permitted uses, and (iii) the gradual elimination of the buildings and
structures when they are destroyed or damaged in major part; nor
shall they be exercised so as to
impose regulations, eliminate uses, buildings, or structures, or require
permits with respect to land
used for agricultural purposes,
which includes the growing of farm crops, truck garden crops, animal and
poultry
husbandry, apiculture, aquaculture, dairying, floriculture, horticulture,
nurseries, tree
farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such
agricultural purposes constitute the principal activity on the land,
other than parcels of land consisting of
less than 5 acres from which $1,000 or less of agricultural products were
sold in any calendar year in counties with a population between 300,000 and
400,000 or in counties contiguous to a county with a population between 300,000
and 400,000, and other than parcels of land consisting of less than 5 acres in
counties with a population in excess of 400,000,
or with respect to the erection,
maintenance, repair, alteration, remodeling or extension of buildings or
structures used or to be used for agricultural purposes upon such land
except that such buildings or structures for agricultural purposes may be
required to conform to building or set back lines
and counties may establish a minimum lot size for residences on land used for
agricultural purposes; nor shall any such
powers be so exercised as to prohibit the temporary use of land for the
installation, maintenance and operation of facilities used by contractors
in the ordinary course of construction activities, except that such
facilities may be required to be located not less than 1,000 feet from any
building used for residential purposes, and except that the period of such
temporary use shall not exceed the duration of the construction contract;
nor shall any such powers include the right to specify or regulate the type
or location of any poles, towers, wires, cables, conduits, vaults, laterals
or any other similar distributing equipment of a public utility as defined in
the Public Utilities Act, if the public utility
is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public
Utilities Revenue Act, or if such facilities or equipment are located on
any rights of way and are used for railroad purposes, nor shall any such
powers be exercised with respect to uses, buildings, or structures of a public
utility as defined in the Public Utilities Act, nor shall any such
powers be exercised in any respect as to the facilities, as defined in Section
5-12001.1, of a telecommunications carrier, as also defined therein, except to
the extent and in the manner set forth in Section 5-12001.1. As used in this
Act, "agricultural purposes" do not include the extraction of sand, gravel
or limestone, and such activities may be regulated by county zoning
ordinance even when such activities are related to an agricultural purpose.
Nothing in this Division shall be construed to restrict the powers granted by
statute to cities, villages and incorporated towns as to territory
contiguous to but outside of the limits of such cities, villages and
incorporated towns. Any zoning ordinance enacted by a city, village or
incorporated town shall supersede, with respect to territory within the
corporate limits of the municipality, any county zoning plan otherwise
applicable. The powers granted to counties by this Division shall be treated
as in addition to powers conferred by statute to control or approve maps,
plats or subdivisions. In this Division, "agricultural purposes"
include, without limitation, the growing, developing, processing,
conditioning, or selling of hybrid seed corn, seed beans, seed oats, or
other farm seeds.
Nothing in this Division shall be construed to prohibit the corporate
authorities of a county from adopting an ordinance that exempts pleasure
driveways or park districts, as defined in the Park District Code, with a
population of greater than 100,000, from the exercise of the county's powers
under this Division.
The powers granted by this Division may be used to require the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are creating, establishing, or preserving affordable housing.
(Source: P.A. 94-303, eff. 7-21-05.)
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(55 ILCS 5/5-12001.1)
Sec. 5-12001.1. Authority to regulate certain specified facilities of a
telecommunications carrier and to regulate, pursuant to subsections (a) through (g), AM broadcast towers and facilities.
(a) Notwithstanding any other Section in this Division, the county board or
board of county commissioners of any county shall have the power to
regulate the location of the facilities, as defined in subsection (c), of a
telecommunications carrier or AM broadcast station established outside the corporate limits of cities,
villages, and incorporated towns that have municipal zoning ordinances in
effect. The power shall only be exercised to the extent and in the manner set
forth in this Section.
(b) The provisions of this Section shall not abridge any rights created by
or authority confirmed in the federal Telecommunications Act of 1996, P.L.
104-104.
(c) As used in this Section, unless the context otherwise requires:
(1) "county jurisdiction area" means those portions | ||
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(2) "county board" means the county board or board of | ||
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(3) "residential zoning district" means a zoning | ||
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(4) "non-residential zoning district" means the | ||
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(5) "residentially zoned lot" means a zoning lot in a | ||
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(6) "non-residentially zoned lot" means a zoning lot | ||
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(7) "telecommunications carrier" means a | ||
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(8) "facility" means that part of the signal | ||
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(9) "FAA" means the Federal Aviation Administration | ||
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(10) "FCC" means the Federal Communications | ||
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(11) "antenna" means an antenna device by which radio | ||
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(12) "supporting structure" means a structure, | ||
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(13) "qualifying structure" means a supporting | ||
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(14) "equipment housing" means a combination of one | ||
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(15) "height" of a facility means the total height of | ||
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(16) "facility lot" means the zoning lot on which a | ||
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(17) "principal residential building" has its common | ||
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(18) "horizontal separation distance" means the | ||
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(19) "lot line set back distance" means the distance | ||
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(20) "AM broadcast station" means a facility and one | ||
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(d) In choosing a location for a facility, a
telecommunications carrier or AM broadcast station shall consider the following:
(1) A non-residentially zoned lot is the most | ||
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(2) A residentially zoned lot that is not used for | ||
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(3) A residentially zoned lot that is 2 acres or more | ||
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(4) A residentially zoned lot that is less than 2 | ||
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The size of a lot shall be the lot's gross area in square feet without
deduction of any unbuildable or unusable land, any roadway, or any other
easement.
(e) In designing a facility, a telecommunications carrier or AM broadcast station shall consider the
following guidelines:
(1) No building or tower that is part of a facility | ||
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(2) Lighting should be installed for security and | ||
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(3) No facility should encroach onto an existing | ||
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(4) Any facility located in a special flood hazard | ||
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(5) Existing trees more than 3 inches in diameter | ||
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(6) If any elevation of a facility faces an existing, | ||
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(7) Fencing should be installed around a facility. | ||
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(8) Any building that is part of a facility located | ||
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(f) The following provisions shall apply to all facilities established in
any county jurisdiction area (i) after the effective date of the amendatory Act of
1997 with respect to telecommunications carriers and (ii) after the effective date of this amendatory Act of the 94th General Assembly with respect to AM broadcast stations:
(1) Except as provided in this Section, no yard or | ||
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(2) A facility may be located on the same zoning lot | ||
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(3) No minimum lot area, width, or depth shall be | ||
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(4) No portion of a facility's supporting structure | ||
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(5) No bulk regulations or lot coverage, building | ||
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(6) A county's review of a building permit | ||
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(7) The improvements and equipment comprising the | ||
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(8) Any public hearing authorized under this Section | ||
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(9) Any decision regarding a facility by the county | ||
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(10) Thirty days prior to the issuance of a building | ||
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(g) The following provisions shall apply to all facilities established (i) after
the effective date of this amendatory Act of 1997 with respect to telecommunications carriers and (ii) after the effective date of this amendatory Act of the 94th General Assembly with respect to AM broadcast stations in the county jurisdiction
area of any county with a population of less than 180,000:
(1) A facility is permitted if its supporting | ||
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(A) the height of the facility shall not exceed | ||
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(B) the horizontal separation distance to the | ||
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(2) Unless a facility is permitted under paragraph | ||
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(3) For purposes of paragraph (2) of this subsection | ||
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(A) the criteria in subsection (d) of this | ||
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(B) whether a substantial adverse effect on | ||
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(C) the benefits to be derived by the users of | ||
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(D) the existing uses on adjacent and nearby | ||
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(E) the extent to which the design of the | ||
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(4) On judicial review of an adverse decision, the | ||
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(h) The following provisions shall apply to all facilities established
after the effective date of this amendatory Act of 1997 in the county
jurisdiction area of any county with
a population of 180,000 or more. A facility is
permitted in any zoning district subject to the following:
(1) A facility shall not be located on a lot under | ||
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(2) Unless a height variation is granted by the | ||
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(3) The improvements and equipment of the facility | ||
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(4) The county board may grant variations for any of | ||
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(A) whether, but for the granting of a variation, | ||
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(B) whether the conditions upon which the | ||
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(C) whether a substantial adverse effect on | ||
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(D) whether there are benefits to be derived by | ||
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(E) the extent to which the design of the | ||
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No more than one public hearing shall be required.
(5) On judicial review of an adverse decision, the | ||
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(i) Notwithstanding any other provision of law to the contrary, 30 days prior to the issuance of any permits for a new telecommunications facility within a county, the telecommunications carrier constructing the facility shall provide written notice of its intent to construct the facility. The notice shall include, but not be limited to, the following information: (i) the name, address, and telephone number of the company responsible for the construction of the facility, (ii) the address and telephone number of the governmental entity that is to issue the building permit for the telecommunications facility, (iii) a site plan and site map of sufficient
specificity to indicate both the location of the parcel where
the telecommunications facility is to be constructed and the
location of all the telecommunications facilities within that
parcel, and (iv) the property index number and common address
of the parcel where the telecommunications facility is to be
located. The notice shall not contain any material that appears to be an advertisement for the telecommunications carrier or any services provided by the telecommunications carrier. The
notice shall be provided in person, by overnight private
courier, or by certified mail to all owners of property within
250 feet of the parcel in which the telecommunications carrier
has a leasehold or ownership interest. For the purposes of this
notice requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
satisfied. (Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496, eff. 8-22-11; 97-813, eff. 7-13-12.)
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(55 ILCS 5/5-12001.2) Sec. 5-12001.2. Regulation of telecommunications facilities; Lake County pilot project. In addition to any other requirements under this Division concerning the regulation of telecommunications facilities and except as provided by the Small Wireless Facilities Deployment Act, the following applies to any new telecommunications facilities in Lake County that are not AM telecommunications towers or facilities: (a) For every new wireless telecommunications | ||
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(b) The county shall have 7 days to review the | ||
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(c) At the meeting, the telecommunications carrier | ||
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(d) Within 21 days after receipt of the carrier's | ||
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(e) If the county's proposed alternative site meets | ||
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(f) If the telecommunications carrier can demonstrate | ||
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(Source: P.A. 100-585, eff. 6-1-18.) |
(55 ILCS 5/5-12001.3) Sec. 5-12001.3. Waiver of building, inspection, and construction fees. (a) As used in this Section, "disaster" includes, but is not limited to, an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or technological cause, including, but not limited to, fire, flood, earthquake, wind, storm, hazardous materials spill, or other water contamination, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. (b) Notwithstanding any other provision of law, a county board or board of county commissioners may, by resolution, waive any fees or costs associated with a permit, inspection, or certification of occupancy required by law for construction, reconstruction, alteration, repair, movement to another site, removal, or demolition of a manufactured home, building, dwelling, or structure, either commercial or residential, damaged as a result of a disaster, emergency, weather event, or for any reason deemed warranted in the interests of public safety, welfare, and recovery of the community by the county board or board of county commissioners.
(Source: P.A. 102-24, eff. 6-25-21.) |
(55 ILCS 5/5-12002) (from Ch. 34, par. 5-12002)
Sec. 5-12002.
Inoperable motor vehicles.
The county board may by
ordinance declare all inoperable motor vehicles, whether on public or
private property, to be a nuisance and authorize fines to be levied for the
failure of any person to obey a notice received from the county which
states that such person is to dispose of any inoperable motor vehicles
under his or her control. However, nothing in this Section shall apply to
any motor vehicle that is kept within a building when not in use, to
historic vehicles over 25 years of age, or to a motor vehicle on the
premises of a place of business engaged in the wrecking or junking of
motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor vehicle
from which, for a period of at least 6 months, the engine, wheels or other
parts have been removed, or on which the engine, wheels or other parts have
been altered, damaged or otherwise so treated that the vehicle is incapable
of being driven under its own power. "Inoperable motor vehicle" shall not
include a motor vehicle which has been rendered temporarily incapable of
being driven under its own motor power in order to perform ordinary service
or repair operations.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12002.1) Sec. 5-12002.1. Hazardous dilapidated motor vehicles. (a) The General Assembly hereby finds that the proliferation of hazardous dilapidated motor vehicles constitutes a hazard to the health, safety, and welfare of the public, and that addressing the problems caused by such abandoned dilapidated vehicles constitutes a compelling and fundamental governmental interest. The General Assembly also finds that the only effective method of dealing with the problem is to promulgate a comprehensive scheme to expedite the towing and disposal of such vehicles. (b) As used in this Section, "hazardous dilapidated motor vehicle" means any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed, or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety, and welfare. "Hazardous dilapidated motor vehicle" shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. The owner of a vehicle towed under the provisions of this Section shall be entitled to any hearing or review of the towing of the vehicle as provided by State or local law. (c) A county board may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles, and may authorize a law enforcement agency, with applicable jurisdiction, to remove immediately, any hazardous dilapidated motor vehicle or parts thereof. The ordinance shall include a requirement that notice must be sent by certified mail to either the real property owner of record or the vehicle owner at least 10 days prior to removal. Nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking, selling, or junking of motor vehicles.
(Source: P.A. 97-779, eff. 7-13-12.) |
(55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
Sec. 5-12003.
Special flood hazard areas.
In those areas within the
territory of a county with a population in excess of 500,000 and fewer
than 3 million inhabitants, and outside any city, village or incorporated
town, which are identified as "Special Flood Hazard Areas" under the terms
and provisions of any ordinance adopted under this Division, the
unauthorized excavation or filling of such an area by any person shall
cause the county board to apply to the circuit court in that county for an
order to remove the fill and restore the parcel to its natural elevation in
order to lessen or avoid the imminent threat to the public health, safety
or welfare and damage to property resulting from the accumulation or
run-off of storm or flood waters. Where, upon diligent search, the
identity or whereabouts of the owner of any such parcel, including lien
holders of record, are not ascertainable, notice mailed to the person in
whose name such real estate was last assessed for taxes, as shown
by the county collector's books, constitutes sufficient notice under this
Section. The hearing upon such application to the circuit court shall be
expedited by the court and given precedence over all other suits. The cost
of removal or restoration incurred by the county board is recoverable from
the owner of such real estate and is a lien thereon, which lien is superior
to all prior existing liens and encumbrances, except taxes; provided that
within 60 days after such removal of fill or restoration of the parcel to
its natural elevation, the county board shall file notice of lien
for such cost and expense incurred in the office of the recorder of the
county. The notice
must consist of a sworn statement setting out (1) a description of the real
estate sufficient for identification thereof, (2) the amount of money
representing the cost and expense incurred, and (3) the date on which the
cost was incurred by the county. Upon payment of the costs and expenses by
the owner or persons interested in the property, the lien shall be released
by the county in whose name the lien has been filed and the release may be
filed of record. The lien may be enforced by proceedings of foreclosure as
in the case of mortgages or mechanics' liens, which action must be
commenced within 3 years after the date of filing notice of lien.
(Source: P.A. 90-14, eff. 7-1-97.)
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(55 ILCS 5/5-12004) (from Ch. 34, par. 5-12004)
Sec. 5-12004.
Abandonment of vehicles prohibited.
(a)
The abandonment of a vehicle or any part thereof on any county highway in
any county with 500,000 or more inhabitants, but fewer than 3,000,000, is
unlawful and a petty offense punishable by a fine not to exceed $500.
(b) The abandonment of a vehicle or any part thereof on private or
public property other than a highway in view of the general public,
anywhere in such a county, is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal by the
official so designated by ordinance of the county board after a waiting
period of 7 days or more. A violation of this subsection (b) is a petty
offense punishable by a fine not to exceed $500.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12005) (from Ch. 34, par. 5-12005)
Sec. 5-12005.
Abandoned, lost, stolen or unclaimed vehicles.
In any
county with 500,000 or more inhabitants, but fewer than 3,000,000, when an
abandoned, lost, stolen or unclaimed vehicle comes into the temporary
possession or custody of a person, not the owner of the vehicle, such
person shall immediately notify the administrative official in the county
who is charged with the enforcement of any ordinance adopted pursuant to
this Division. Upon receipt of such notification, the administrative
official shall authorize a towing service to remove and take possession of
the abandoned, lost, stolen or unclaimed vehicle and its contents and
maintain a record of the tow as set forth in Section 4-204 of The Illinois
Vehicle Code until the vehicle is claimed by the owner or any person
legally entitled to possession thereof or until it is disposed of as
provided in The Illinois Vehicle Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12006) (from Ch. 34, par. 5-12006)
Sec. 5-12006. Vehicle removal. (a) In any county with 500,000 or more
inhabitants, but fewer than 3,000,000, when a vehicle is abandoned or left
unattended on a highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more, its removal
by a towing service may be authorized by the administrative official
charged with such duty.
(b) When a vehicle removal from either public or private property is
authorized, the owner of the vehicle shall be responsible for all towing costs.
Vehicles removed from public or private property and stored by a
commercial vehicle relocator or any other towing service in compliance
with the Illinois Vehicle Code shall be subject to a possessory lien for
services pursuant to "An Act concerning liens for labor, services, skill or
materials furnished upon or storage furnished for chattels", filed July 24,
1941, as amended and the
provision of Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302 and subsection
(6) of Section 18a-300 of The Illinois Vehicle Code. In no event shall
such lien be greater than the rate established in accordance with
subsection (3) of Section 18a-200 of The Illinois Vehicle Code. In no
event shall such lien be increased or altered to reflect any charge for
services or materials rendered in addition to those authorized by this
Division. Every such lien shall be payable by use of any major
credit card, in addition to being payable in cash.
(c) When a vehicle is authorized to be towed away under this Division, the
administrative official authorizing the towing shall keep and maintain a
record of the vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number, license plate year and number and registration
sticker or digital registration sticker year and number displayed on the vehicle. The record shall also
include the date and hour of tow, location towed from, location towed to,
reason for towing and the name of the officer authorizing the tow.
The administrative official authorizing the towing shall further follow
the procedures for notification of record owner or other legally entitled
person, or if such person cannot be identified, procedures for
tracing vehicle ownership by the Illinois State Police as set forth in The
Illinois Vehicle Code and procedures for disposing of unclaimed vehicles
with or without notice.
(Source: P.A. 101-395, eff. 8-16-19.)
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(55 ILCS 5/5-12007) (from Ch. 34, par. 5-12007)
Sec. 5-12007.
Zoning commission; proposed ordinance.
The county
board in counties which desire to exercise the powers conferred by this
Division shall provide for a zoning commission of
not less than 3 nor more than 9 members whose duty it shall be to
recommend the boundaries of districts and appropriate regulations to be
enforced therein, such commission to be appointed by the chairman or
president of the county board, subject to confirmation by the county
board. The members of the zoning commission shall be compensated on a
per diem basis with a mileage allowance for travel, the amounts to be
determined by the county board. Such commission shall prepare a
tentative report and a proposed zoning ordinance or resolution for the
entire county outside the limits of cities, villages and incorporated
towns which have in effect municipal zoning ordinances. After the
preparation of such tentative report and ordinance or resolution, the
commission shall hold hearings thereon and shall afford persons
interested an opportunity to be heard. A hearing shall be held in each
township or road district affected by the terms of such proposed
ordinance or resolution. Notice of each hearing shall be published at
least 15 days in advance thereof in a newspaper of general circulation
published in the township or road district in which such property is
located. If no newspaper is published in such township or road district,
then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance or
resolution will be accessible for examination by interested parties.
Such hearings may be adjourned from time to time. If any municipality
having a zoning ordinance wishes to protest the proposed county zoning
provisions for the area within one and one-half miles of its corporate
limits, it shall appear at a hearing and submit in writing specific
proposals to the commission for zoning such territory. If the Board of
Trustees of any township located in a county with a population of less than
1,000,000 wishes to protest the proposed zoning of property in the
unincorporated area of the township, it shall appear at a hearing and
submit in writing specific proposals to the commission for zoning such
territory. If the commission approves of such proposals they shall be
incorporated within the report of the commission and its proposed ordinance.
Within 30 days after the final adjournment of such hearings the
commission shall make a final report and submit a proposed ordinance or
resolution to the county board. The county board may enact the
ordinance or resolution with or without change, or may refer it back to
the commission for further consideration. If a township located within
a county with a population of less than 600,000 has a plan commission
and the plan commission objects to the proposed zoning of property in the
unincorporated areas of the township, the township board of trustees may
submit its written objections to the county board within 30 days after the
submission of a proposed zoning ordinance or resolution by the County Zoning
Commission to the county board. In such case, the county board shall not
adopt zoning provisions which affect the unincorporated areas of the township,
except by the favorable vote of 3/4 of all the members of the county board.
If the proposals made by a municipality as provided above in this Section
are not incorporated in their entirety into the ordinance proposed to be
enacted by the county board, the county board shall not enact the proposed
zoning of such area within one and one-half miles of such municipality
except by a three-fourths vote of all members. The zoning commission shall
cease to exist, upon the adoption of a zoning ordinance or resolution for
such county.
In the preparation of its report and proposed zoning ordinance or
resolution the commission may incur such expenditures as shall be
authorized by the county board. The provisions of the amendatory Act of
1963 (Laws 1963, p. 297) shall apply only to the initial and original
proposed county zoning ordinance and shall not apply to any subsequent
amendments or revisions of such county zoning ordinance once adopted or to
the supplanting of such county zoning ordinance with an entirely new zoning
ordinance; provided, that any zoning ordinance or resolution heretofore
enacted which excludes municipalities subject to regulation shall be
amended or modified, in the manner hereinabove prescribed for original
enactment, to make provision to include any such municipality.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 89-272, eff. 8-10-95.)
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(55 ILCS 5/5-12008) (from Ch. 34, par. 5-12008)
Sec. 5-12008.
Enforcement of ordinances or resolutions.
All
ordinances or resolutions passed under the terms of this Division
shall be enforced by such officer of the county as may be designated by
ordinance or resolution. The ordinance or resolution may require that for
any class or classes of districts created thereby, applications be made for
permits to erect buildings or structures, or to alter or remodel existing
buildings or structures, and may vest in the officer designated to enforce
the ordinance or resolution, the power to make orders, requirements,
decisions and determinations with respect to applications for such permits
and with respect to the enforcement of the terms of the ordinance or
resolution.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
Sec. 5-12009.
Variation by board of appeals.
The regulations by this
Division authorized may provide that a
board of appeals may determine and vary their application in harmony
with their general purpose and intent and in accordance with general or
specific rules therein contained in cases where there are practical
difficulties or particular hardship in the way of carrying out the
strict letter of any of such regulations relating to the use,
construction or alteration of buildings or structures or the use of
land; or the regulations by this Division authorized may provide that the
county board may, by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained in cases
where there are practical difficulties or particular hardship in the way
of carrying out the strict letter of any such regulations relating to
the use, construction or alteration of buildings or structures or the
use of land; however, no such variation shall be made by such county
board without a hearing before the board of appeals
unless the variation sought is a variation of ten percent or less of
the regulations by this Division authorized as to location of structures or as
to bulk requirements under such regulations, in which case no
public hearing is required and such variation may be granted by the
administrative official charged with the enforcement of any ordinance or
resolution adopted pursuant to this Division. Provided, however, that before
such variation may be granted, a notice of the intent to grant such variation
shall be sent by certified mail to all adjoining landowners. If any adjoining
landowner files a written objection with the administrative official within
15 days of receipt of such notice, the variation shall only be considered
by the board of appeals in the manner provided in this Section. All other
variations sought shall be made only by ordinance, resolution or otherwise
in a specific case and after a public hearing before a board of appeals of
which there shall be at least 15 days notice of the date, time and place of
such hearing published in a newspaper of general circulation published in
the township or road district in which such property is located. If no
newspaper is published in such township or road district, then such notice
shall be published in a newspaper of general circulation published in the
county and having circulation where such property is located. The notice
shall contain: (1) the particular location of the real estate for which the
variation is requested by legal description and street address, and if no
street address then by locating such real estate with reference to any
well-known landmark, highway, road, thoroughfare or intersection; (2)
whether or not the petitioner or applicant is acting for himself or in the
capacity of agent, alter ego, or representative of a principal, and stating
the name and address of the actual and true principal; (3) whether
petitioner or applicant is a corporation, and if a corporation, the correct
names and addresses of all officers and directors, and of all stockholders
or shareholders owning any interest in excess of 20% of all outstanding
stock of such corporation; (4) whether the petitioner or applicant, or his
principal if other than applicant, is a business or entity doing business
under an assumed name, and if so, the name and residence of all true and
actual owners of such business or entity; (5) whether the petitioner or
applicant is a partnership, joint venture, syndicate or an unincorporated
voluntary association, and if so, the names and addresses of all partners,
joint venturers, syndicate members or members of the unincorporated
voluntary association; and (6) a brief statement of what the proposed
variation consists.
The costs or charges of the publication notice by this Section
required shall be paid by the petitioner or applicant.
Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals such county board may by ordinance or
resolution without further public hearing adopt any proposed variation
or may refer it back to the board of appeals for further consideration
and any proposed variation which fails to receive the approval of the
board of appeals shall not be passed except by the favorable vote of
3/4 of all the members of the county board, but in counties in which the
county board consists of 3 members only a 2/3 vote is required. Every such
variation, whether made by the board of appeals directly or by ordinance
or resolution after a hearing before a board of appeals shall be
accompanied by a finding of fact specifying the reason for making such
variation.
If a township located within a county with a population of less than 600,000
or more than 3,000,000 has a plan commission, and the plan
commission objects to a zoning
variation which affects unincorporated areas of the township, the township
board of trustees within 15 days after the public hearing before the board
of appeals on such zoning variation, may submit its written objections to
the county board of the county where the unincorporated areas of the
township are located. In such case, the county board shall not approve the
zoning variation, except by the favorable vote of 3/4 of all members of the
county board.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 91-738, eff. 1-1-01.)
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(55 ILCS 5/5-12009.5)
Sec. 5-12009.5.
Special uses.
(a) The county board may, by an ordinance passed under this Division,
provide
for
the classification of special uses. Those uses may include, but are not
limited to, public and quasi-public uses affecting the public interest;
uses that have a unique, special, or unusual impact upon the use or enjoyment
of neighboring property; and uses that affect planned development. A use may
be permitted in one or more zoning districts and may be a special use in one or
more other zoning districts.
(b) A special use may be granted only after a public hearing conducted by
the
board of
appeals. There must be at least 15 days' notice before the hearing. The
notice
must include the time, place, and date of the hearing and must be published in
a
newspaper published in the township or road district where the property is
located. If there is no newspaper published in the township or road district
where the property is located,
the notice must be published in a newspaper of general circulation in the
county. The notice must also contain (i) the particular location of the
property for which the special use is requested by legal
description and by street address, or if there is no street address, by
locating the property with reference to any well-known landmark, highway,
road, thoroughfare, or intersection; (ii) whether the petitioner or
applicant is acting for himself or herself or as an agent, alter ego, or
representative of a principal and the name and address of the principal; (iii)
whether the petitioner or applicant is a corporation, and if so, the correct
names and addresses of all officers and
directors of the corporation and of all stockholders or shareholders owning any
interest in excess
of 20% of all of the
outstanding stock or shares of the corporation; (iv) whether the petitioner or
applicant, or his or her principal, is a business or entity doing business
under an assumed name, and if so, the name and residence of all actual
owners of the business or entity; (v) whether the petitioner or applicant,
or his or her principal, is a
partnership, joint venture, syndicate, or an unincorporated voluntary
association, and if so, the names and addresses of all partners or members of
the partnership, joint venture, syndicate, or unincorporated voluntary
association; and
(vi) a brief statement of the proposed special use.
In addition to any other notice required by this Section, the board of
appeals must give at least 15 days' notice before the hearing to (i)
any
municipality whose boundaries are within 1-1/2 miles of any part of the
property proposed as a special use and (ii) the owner or owners of any land
adjacent to or immediately across any street,
alley, or public right-of-way from the property proposed as a special use.
The petitioner or applicant must pay the cost of the publication
of the notice required by this Section.
(c) A special use may be granted only upon evidence that the special use
meets
the standards established for that classification in the ordinance. The
special use may be subject to conditions
reasonably necessary to meet those standards.
(d) The board of appeals shall
report to the county board a finding of fact and a recommendation as to whether
the
county board should deny, grant, or grant subject to conditions the special
use. The county board may, by ordinance and without a further public hearing,
adopt any proposed special use on receiving the report or it may refer the
proposal back to the board of appeals for further consideration.
(e) The county board may, by ordinance, delegate to the board of appeals the
authority to grant special uses subject to the restrictions and requirements
of this Section. The ordinance may delegate the authority to grant all
special uses or to grant only certain classes of special uses while reserving
to the county board the authority to grant other classes of special uses. If
the county board enacts an ordinance delegating its authority, the board of
appeals must, after conducting the required public hearing,
issue a finding of fact and final decision in writing on the proposed special
use.
(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
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(55 ILCS 5/5-12010) (from Ch. 34, par. 5-12010)
Sec. 5-12010.
Board of Appeals.
The presiding officer of the county
board with the advice and consent of the county board shall appoint a board
of appeals consisting of 5 members and may appoint 2 alternate members, the
5 members to serve respectively for the following terms: one for one year, one
for 2 years, one for 3 years, one for 4 years and one for 5 years; and the
alternate members to serve respectively for 4 years and 5 years. The successor
to each member so appointed shall serve for a term of 5 years. Alternate
members, if appointed, shall serve as members of the board only in the
absence of regular members, with the alternate member who has the greatest
amount of time remaining in his or her term to have priority over the other
alternate member in determining which alternate member shall serve in the
absence of a regular member. In counties of less than 1,000,000 population the
presiding officer of the
county board with the advice and consent of the county board may appoint an
additional 2 members to serve for a term of 5 years. At the end of the term
of the 2 additional members, the county board may provide for the
appointment of successors in the same manner or may allow the board of
appeals to revert to a membership of 5. One of the members so appointed
shall be named as chairman at the time of his appointment, and in case of
vacancy the appointing power shall designate a chairman. All members of a
board of appeals shall be residents of separate townships at
the time of their appointments, except that in counties containing fewer
than 5 townships, or fewer than 7 townships if
the county board has provided for the appointment of 2 additional members,
that limitation shall not be applicable. The appointing authority shall
have the power to remove any member of the board for cause, after public
hearing. Vacancies shall be filled by the appointing authority for the
unexpired term of any member whose place has become vacant. The members of
the board of appeals shall be compensated on a per diem basis with a
mileage allowance for travel, the amounts to be determined by the county
board. All meetings of the board of appeals shall be held at the call of
the chairman and at such times and places within the county as the board
may determine. The chairman, or in his absence the acting chairman may
administer oaths and compel the attendance of witnesses. All meetings of
the board shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon every question, or if
absent or failing to vote, indicating such fact, and shall also keep
records of its examinations and other official actions. Every rule,
regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the board shall immediately be
filed in the office of the board and shall be a public record. In the
performance of its duties the board of appeals may incur such expenditures
as are authorized by the county board.
(Source: P.A. 89-217, eff. 1-1-96.)
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(55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011)
Sec. 5-12011.
Hearing and decision of board of appeals.
The
board of appeals shall also hear and decide appeals from and review any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any ordinance or resolution
adopted pursuant to this Division.
It shall also hear and decide all matters referred to it or upon which
it is required to pass under any such ordinance or resolution or under the
terms of this Division. Where a public hearing before a board of appeals is
required by this Division or by any ordinance or resolution
under the terms of this Division, notice of each hearing shall
be published at least 15 days in advance thereof in a newspaper of general
circulation published in the township or road district in which such
property is located. If no newspaper is published in such township or road
district, then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. The concurring vote of 3 members of a board
consisting of 5 members or the concurring vote of 4 members of a
board
consisting of 7 members is necessary to reverse any order, requirement,
decision or determination of any such administrative official or to decide
in favor of the applicant any matter upon which it is required to pass
under any such ordinance or resolution, or to effect any variation in such
ordinance or resolution, or to recommend any variation or modification in
such ordinance or resolution to the county board. An appeal may be taken
by any person aggrieved or by any officer, department, board or bureau of
the county. An appeal shall be taken within such time as is prescribed by
the board of appeals by general rule by filing with the officer from whom
the appeal is taken and with the board of appeals a notice of appeal,
specifying the grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the board
of appeals after the notice of appeal has been filed with him that by reasons
of facts stated in the certificate a stay would, in his opinion, cause imminent
peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the board
of appeals or by a court on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
(Source: P.A. 92-128, eff. 1-1-02.)
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(55 ILCS 5/5-12012) (from Ch. 34, par. 5-12012)
Sec. 5-12012.
Hearing of appeal; review under Administrative Review
Law. The board of appeals shall fix a reasonable time for the hearing
of the appeal and give due notice thereof to the parties and decide the
same within a reasonable time. Upon the hearing, any party may appear in
person or by agent, or by attorney. The board of appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision or
determination as in its opinion ought to be made in the premises, and to
that end shall have all the powers of the officer from whom the appeal is
taken.
All final administrative decisions of the board of appeals hereunder
shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law, and all amendments and modifications thereof,
and the rules adopted pursuant thereto. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12012.1)
Sec. 5-12012.1. Actions subject to de novo review; due process. (a) Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes. Any action seeking the judicial review of such a decision shall be commenced not later than 90 days after the date of the decision. (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions.
(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.) |
(55 ILCS 5/5-12013) (from Ch. 34, par. 5-12013)
Sec. 5-12013.
Compensation of the board of appeals.
Members
of the board of appeals shall receive compensation in an amount to be
established by each county board. The compensation shall be paid out of
the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
Sec. 5-12014. Amendment of regulations and districts.
(a) For
purposes of this Section, the term "text amendment" means an amendment to
the text of a zoning ordinance, which affects the whole county, and the
term "map amendment" means an amendment to the map of a zoning ordinance,
which affects an individual parcel or parcels of land.
(b) The regulations imposed and the districts created under the
authority of this Division may be amended from time to time by ordinance or
resolution, after the ordinance or resolution establishing same has gone
into effect, but no such amendments shall be made without a hearing
before the board of appeals. At least 15 days notice of the time and
place of such hearing shall be published in a newspaper of general
circulation published in such county. Hearings on text amendments shall
be held in the court house of the county or other county building with more
adequate facilities for such hearings. Hearings on map amendments shall be
held in the township or road district affected by the terms of such
proposed amendment or in the court house, or other county building with
more adequate facilities for such hearings, of the county in which the
affected township or road district is located. Provided, that if the owner
of any property affected by such proposed map amendment so requests in
writing, such hearing shall be held in the township or road district
affected by the terms of such proposed amendment. Except as provided in
subsection (c), text amendments may be passed at a county board meeting by
a simple majority of the elected county board members, unless written
protests against the proposed text amendment are signed by 5% of the land
owners of the county, in which case such amendment shall not be passed
except by the favorable vote of 3/4 of all the members of the county board.
Except as provided in subsection (c), map amendments may be passed at a
county board meeting by a simple majority of the elected county board
members, except that in case of written protest against any proposed map
amendment that is either: (A) signed by the owner or owners of at least 20%
of the land to be rezoned, or (B) signed by the owner or owners of land
immediately touching, or immediately across a street, alley, or public
right-of-way from, at least 20% of the perimeter of the land to be rezoned,
or in cases where the land affected lies within 1 1/2 miles
of the limits of a zoned municipality, or in the case of a proposed text
amendment to the Zoning Ordinance, by resolution of the corporate
authorities of the zoned municipality with limits nearest adjacent,
filed with the county clerk, such amendment shall not be passed except
by the favorable vote of 3/4 of all the members of the county board, but
in counties in which the county board consists of 3 members only a 2/3
vote is required. In such cases, a copy of the written protest shall be
served by the protestor or protestors on the applicant for the proposed
amendment and a copy upon the applicant's attorney, if any, by certified
mail at the address of such applicant and attorney shown in the
application for the proposed amendment.
Notwithstanding any other provision of this Section, if a map amendment is
proposed solely to correct an error made by the county as a result of a
comprehensive rezoning by the county, the map amendments may be passed at a
county board meeting by a simple majority of the elected board.
Any notice required by this Section need
not include a metes and bounds legal description, provided that
the notice includes: (i) the common street address or addresses
and (ii) the property index number ("PIN") or numbers of all
the parcels of real property contained in the area for which
the variation is requested. (c) If a township located within a county with a population of less
than 600,000 has a plan commission and the plan commission objects to a
text amendment or a map amendment affecting an unincorporated area of the
township, then the township board of trustees may submit its written
objections to the county board within 30 days after the hearing before the
board of appeals, in which case the county board may not adopt the text
amendment or the map amendment affecting an unincorporated area of the
township except by the favorable vote of at least three-fourths of all the
members of the county board.
(Source: P.A. 98-205, eff. 8-9-13.)
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(55 ILCS 5/5-12015) (from Ch. 34, par. 5-12015)
Sec. 5-12015.
Hearing officer; duties.
Notwithstanding anything to
the contrary provided for in this Division:
(A) The county board of each county may by resolution or ordinance establish
the position of hearing officer and delegate to a hearing officer the authority
to conduct any public hearing otherwise required to be heard in accordance
with this Division by the board of appeals. When a hearing
officer is designated by the county board to conduct any such hearing: (i)
notice of hearing shall be given in the same time and manner and the
hearing shall be conducted in the same location provided by this
Division for the giving of such notice and for the location of
such hearing when any such hearing is conducted by the board of appeals;
(ii) the hearing officer in acting upon any matter otherwise within the
jurisdiction of the board of appeals shall be governed by the same
standards and shall exercise and perform all of the powers and duties of
the board of appeals in the same manner and to the same effect as provided
in this Division with respect to the board of appeals
provided that:
1. When the hearing officer is acting upon an application or petition
to amend the regulations imposed or the districts created under the authority
of this Division and such amendment is to be made by ordinance
or resolution, the hearing officer shall render a written recommendation to
the county board within such time and in such manner and form as the county
board shall require;
2. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division authorized
provide that the county board by ordinance or resolution may determine and
vary the application of such regulations as set forth in this Division,
then upon report of the hearing officer the county board may by
ordinance or resolution without further public hearing adopt any proposed
variation or may refer it back to the hearing officer for further
consideration, and any proposed variation which fails to receive the
approval of the hearing officer shall not be passed except by the favorable
vote of 3/4 of all members of the county board, but in counties in which
the county board consists of 3 members only a 2/3 vote is required;
3. When the hearing officer is acting upon an application or petition
for a variation and the regulations by this Division
authorized do not provide that the county board by ordinance or resolution
may determine and vary the application of such regulations as set forth in
this Division, or when the hearing officer is acting upon any
matter otherwise within the jurisdiction of the board of appeals under
Sections 5-12011 and 5-12012 other than a
matter referred to in paragraphs 1 and 2 above of this subsection (A), the
determination made by the hearing officer with respect to any such
variation or matter shall constitute a final administrative decision which
is subject to judicial review pursuant to the provisions of the
"Administrative Review Law", as now or hereafter amended.
(B) The county board may provide general or specific regulations
implementing but not inconsistent with the provisions of this Section,
including regulations relative to the time and manner in which hearing
officers are designated to conduct public hearings and regulations
governing the manner in which such hearings are conducted and matters heard
therein passed upon and determined.
(C) Hearing officers shall be appointed on the basis of training and
experience which qualifies them to conduct hearings, make recommendations
or findings of fact and conclusions on the matters heard and otherwise
exercise and perform the powers, duties and functions delegated in
accordance with this Section. Hearing officers shall receive such
compensation as the county board shall provide, and the county board may
establish a schedule of fees to defray the costs of providing a hearing
officer.
(D) This Section is intended to furnish an alternative or supplemental
procedure which a county board in its discretion may provide for hearing,
determining, reviewing and deciding matters which arise under any ordinance,
resolution or regulation adopted pursuant to this Division, but
nothing in this Section shall be deemed to limit or prevent the use of any
existing procedure available pursuant to this Division for
hearing, approving or denying applications or petitions for a variation,
amendment or other revision of any such ordinance, resolution or
regulation, or for hearing and deciding appeals from and reviewing any
order, requirement, decision or determination made by an administrative
official charged with the enforcement of any such ordinance, resolution
or regulation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12016) (from Ch. 34, par. 5-12016)
Sec. 5-12016.
Cooperation with other counties and municipal
corporations. In the exercise of powers conferred by this Division the
county board of any county shall have authority to cooperate with other
counties, with cities, villages or other municipal corporations either
within or without such county, and with municipal or state authorities, and
to appoint such committee or committees as it may think proper to effect
such cooperation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
Sec. 5-12017. Violations. In case any building or structure is
erected, constructed, reconstructed, altered, repaired, converted or
maintained or any building, structure or land is used in violation of this
Division or of any ordinance, resolution or other regulation
made under authority conferred thereby, the proper authorities of the
county or of the township in which the building, structure, or land is
located, or any person the value or use of whose property is or may be
affected by such violation, in addition to other remedies, may institute
any appropriate action or proceedings in the circuit court to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said building, structure or land or to
prevent any illegal act, conduct, business, or use in or about such premises.
Any person who violates the terms of any ordinance adopted under the
authority of this Division shall be guilty of a petty offense
punishable by a fine not to exceed $500, with each week the violation
remains uncorrected constituting a separate offense.
Except in relation to county-owned property, this Section does not authorize any suit against a county or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division. (Source: P.A. 100-595, eff. 6-29-18.)
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(55 ILCS 5/5-12018) (from Ch. 34, par. 5-12018)
Sec. 5-12018.
Testimony at hearings.
All testimony by witnesses
in any hearing provided for in this Division shall be given under oath.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12019) (from Ch. 34, par. 5-12019)
Sec. 5-12019.
Appearance and presentation of evidence by school
district. In any hearing before a zoning commission or board of appeals,
any school district within which the property in issue, or any part
thereof, is located shall have the right to appear and present evidence.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-12020) Sec. 5-12020. Commercial wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act. "Commercial wind energy facility" means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123). "Facility owner" means (i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility. "Nonparticipating property" means real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center. "Participating property" means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating residence" means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Protected lands" means real property that is: (1) subject to a permanent conservation right | ||
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(2) registered or designated as a nature preserve, | ||
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"Supporting facilities" means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility. "Wind tower" includes the wind turbine tower, nacelle, and blades. (b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007, a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The standards may include all of the requirements specified in this Section but may not include requirements for commercial wind energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality. (c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 60 days after the filing of the application for the facility. The county shall allow interested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the county to grant the permit extension. Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board. (d) A county with an existing zoning ordinance in conflict with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123). (e) A county may require: (1) a wind tower of a commercial wind energy facility | ||
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Setback Description Setback DistanceOccupied Community 2.1 times the maximum blade tipBuildings height of the wind tower to the nearest point on the outside wall of the structureParticipating Residences 1.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structureNonparticipating Residences 2.1 times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structureBoundary Lines of NoneParticipating Property Boundary Lines of 1.1 times the maximum blade tipNonparticipating Property height of the wind tower to the nearest point on the property line of the nonparticipating propertyPublic Road Rights-of-Way 1.1 times the maximum blade tip height of the wind tower to the center point of the public road right-of-wayOverhead Communication and 1.1 times the maximum blade tipElectric Transmission height of the wind tower to theand Distribution Facilities nearest edge of the property(Not Including Overhead line, easement, or Utility Service Lines to right-of-way Individual Houses or containing the overhead lineOutbuildings)Overhead Utility Service NoneLines to IndividualHouses or OutbuildingsFish and Wildlife Areas 2.1 times the maximum bladeand Illinois Nature tip height of the wind towerPreserve Commission to the nearest point on theProtected Lands property line of the fish and wildlife area or protected land This Section does not exempt or excuse compliance with | ||
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(2) a wind tower of a commercial wind energy facility | ||
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(3) a commercial solar energy facility to be sited as | ||
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Setback Description Setback DistanceOccupied Community 150 feet from the nearestBuildings and Dwellings on point on the outside wall Nonparticipating Properties of the structureBoundary Lines of NoneParticipating Property Public Road Rights-of-Way 50 feet from the nearest edgeBoundary Lines of 50 feet to the nearestNonparticipating Property point on the property line of the nonparticipating property (4) a commercial solar energy facility to be sited so | ||
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(5) a commercial solar energy facility to be sited so | ||
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The requirements set forth in this subsection (e) may be waived subject to the written consent of the owner of each affected nonparticipating property. (f) A county may not set a sound limitation for wind towers in commercial wind energy facilities or any components in commercial solar energy facilities that is more restrictive than the sound limitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910. (g) A county may not place any restriction on the installation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordinance that complies with this Section. A county may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities or commercial solar energy facilities. A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zoning ordinance adopted consistent with this Code, and the conditions imposed under State and federal statutes and regulations. (h) A county may not adopt zoning regulations that disallow, permanently or temporarily, commercial wind energy facilities or commercial solar energy facilities from being developed or operated in any district zoned to allow agricultural or industrial uses. (i) A county may not require permit application fees for a commercial wind energy facility or commercial solar energy facility that are unreasonable. All application fees imposed by the county shall be consistent with fees for projects in the county with similar capital value and cost. (j) Except as otherwise provided in this Section, a county shall not require standards for construction, decommissioning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial assurances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements. (j-5) A commercial wind energy facility or a commercial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be restored during and following construction or deconstruction of the facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the county or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy facility owner or commercial solar energy facility owner, and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. All surface and subsurface damage shall be repaired as soon as reasonably practicable. (k) A county may not condition approval of a commercial wind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility owner to pay into a neighboring property devaluation escrow account. (l) A county may require certain vegetative screening surrounding a commercial wind energy facility or commercial solar energy facility but may not require earthen berms or similar structures. (m) A county may set blade tip height limitations for wind towers in commercial wind energy facilities but may not set a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR Part 77. (n) A county may require that a commercial wind energy facility owner or commercial solar energy facility owner provide: (1) the results and recommendations from consultation | ||
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(2) the results of the United States Fish and | ||
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(o) A county may require a commercial wind energy facility or commercial solar energy facility to adhere to the recommendations provided by the Illinois Department of Natural Resources in an EcoCAT natural resource review report under 17 Ill. Adm. Code Part 1075. (p) A county may require a facility owner to: (1) demonstrate avoidance of protected lands as | ||
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(2) consider the recommendations of the Illinois | ||
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(q) A county may require that a facility owner provide evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act. (r) To maximize community benefits, including, but not limited to, reduced stormwater runoff, flooding, and erosion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, songbirds, and pollinators, a county may (1) require a commercial solar energy facility owner to plant, establish, and maintain for the life of the facility vegetative ground cover, consistent with the goals of the Pollinator-Friendly Solar Site Act and (2) require the submittal of a vegetation management plan that is in compliance with the agricultural impact mitigation agreement in the application to construct and operate a commercial solar energy facility in the county if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be constructed. No later than 90 days after January 27, 2023 (the effective date of Public Act 102-1123), the Illinois Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under this subsection for commercial solar energy facilities. The guidelines must include guidance for short-term and long-term property management practices that provide and maintain native and non-invasive naturalized perennial vegetation to protect the health and well-being of pollinators. (s) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial wind energy facility or a commercial solar energy facility, the road use agreement shall require the facility owner to be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility or the commercial solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction. Roadways improved in preparation for and during the construction of the commercial wind energy facility or commercial solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities. The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the commercial wind energy facility or the commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agreement. (s-5) The facility owner shall also compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair of all damage to the subsurface drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accordance with the agriculture impact mitigation agreement requirements for repair of drainage. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the commercial wind energy facility or the commercial solar energy facility as soon as reasonably practicable. (t) Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan required by subsection (j-5). (u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for siting approval or for a special use permit for a commercial wind energy facility or commercial solar energy facility if the application was submitted to a unit of local government before January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial solar energy facility if the facility owner has submitted an agricultural impact mitigation agreement to the Department of Agriculture before January 27, 2023 (the effective date of Public Act 102-1123); or (3) a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39. (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; 103-580, eff. 12-8-23.) |
(55 ILCS 5/5-12021) Sec. 5-12021. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a county shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a county shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the county for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the county, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the county.
(Source: P.A. 99-890, eff. 8-25-16.) |
(55 ILCS 5/5-12022) (Text of Section from P.A. 103-621) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-12022. Building permit fee for veterans with a disability. (a) A veteran with a disability or the veteran's caregiver shall not be charged any building permit fee for improvements to the residence of the veteran with a disability if the improvements are required to accommodate a disability of the veteran. Nothing in this subsection changes the obligation of any person to submit to the county applications, forms, or other paperwork to obtain a building permit. A veteran or caregiver must provide proof of veteran status and attest to the fact that the improvements to the residence are required to accommodate the veteran's disability. Proof of veteran status is to be construed liberally, and veteran status shall include service in the Armed Forces of the United States, National Guard, or the reserves of the Armed Forces of the United States. (b) What constitutes proof of veteran status shall be determined by the county. The Illinois Department of Veterans' Affairs may not adjudicate any dispute arising under paragraph (a). (c) A home rule county may not regulate building permit fees in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 103-621, eff. 1-1-25.) (Text of Section from P.A. 103-796) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5-12022. Battery-charged fences. (a) As used in this Section, "battery-charged fence" means a fence energized by a battery that is not more than 12 volts of direct current that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to notify law enforcement of a potential intrusion. (b) Notwithstanding any other law, a county may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if (i) the battery-charged fence is located on nonresidential property completely surrounded by a nonelectric perimeter fence or wall that is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher, and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission. (c) Any battery-charged fence installed under this Section must have conspicuous signs located on the fence placed not less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". (d) A home rule county may not regulate battery-charged fencing in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.(Source: P.A. 103-796, eff. 1-1-25.) |
(55 ILCS 5/Div. 5-13 heading) Division 5-13.
Building or Setback Lines
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(55 ILCS 5/5-13001) (from Ch. 34, par. 5-13001)
Sec. 5-13001.
Establishment of building or set-back lines.
In addition to the existing power and to the end that adequate
safety may be secured and the congestion of public roads, streets,
traffic-ways, drives and parkways may be lessened or avoided, the county
board of each county is authorized and empowered to establish, regulate and
limit the building or set-back lines on or along any road, street,
traffic-way, drive or parkway in the county outside the corporate limits of
any city, village or incorporated town, as may be deemed best suited to
carry out the provisions of this Division. The powers given by
this Division shall not be exercised so as to deprive the owner
of any existing property of its use or maintenance for the purpose
to which it is then lawfully devoted.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-13002) (from Ch. 34, par. 5-13002)
Sec. 5-13002.
Enforcing officer.
All resolutions passed under the
terms of this Division shall be enforced by such officer of the county as
may be designated by resolution.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-13003) (from Ch. 34, par. 5-13003)
Sec. 5-13003.
Amendments to regulations.
The regulations imposed
under the authority of this Division may be amended from time to time by
resolution after the resolution establishing the same has
gone into effect, but no such amendments shall be made without
a hearing before some committee designated by the county board. At least
fifteen days notice of the time and place of such hearing shall be
published in an official newspaper, or a newspaper of general circulation,
in such county. Such amendment shall not be passed except by a favorable
vote of two-thirds of all the members of the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-13004) (from Ch. 34, par. 5-13004)
Sec. 5-13004.
Proceedings to restrain violation.
In case any building
or structure is erected or constructed in violation of this Division, or
any resolution or other regulation made under the authority conferred
thereby, the proper authorities of the county, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection or construction to restrain, correct or abate
such violation, to prevent the occupancy of said building or structure
or to prevent any illegal act, conduct, business or use in or about
such premises.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-14 heading) Division 5-14.
Regional Planning
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(55 ILCS 5/5-14001) (from Ch. 34, par. 5-14001)
Sec. 5-14001.
Regional plan.
Whenever in the judgment of the county
board of any county, a portion or all of said county as a region, should
have a plan made for the general purpose of guiding and accomplishing a
co-ordinated, adjusted and harmonious development of said region, and of
public improvements and utilities therein, and which plans will in the
judgment of the county board, in accordance with the present and future
needs of the region and of the State, best promote health, safety, morals,
order, convenience, prosperity, efficiency and economy in the process of
development and the general welfare of said region, the county board is
hereby empowered by resolution of record to define the boundaries of such
region and to create a regional planning commission for the making of a
regional plan for such region so defined. The number of members of such
commission, their method of appointment, and their power and authority in
the making of such plan, shall be such as the county board may deem proper
and not in conflict with law. Said Commission shall be a fact finding body
and shall make such investigations and gather such statistics as it shall
deem necessary for the planning and development of said region, and shall
make a plan of said region to include all matter which it may deem
necessary for the development of the region as provided above.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14002) (from Ch. 34, par. 5-14002)
Sec. 5-14002.
Expenses of commission.
The county board is hereby
authorized to appropriate to the planning commission from any funds under
its control and not otherwise appropriated, such sum as the county board
may deem proper for said work as above, and within the amounts so
appropriated, the regional planning commission shall have the authority:
(1) to employ such assistance as it may deem necessary;
(2) with the concurrence of the county board of any county to accept,
receive and expend funds, grants and services from the federal government,
or its agencies, and from departments, agencies and instrumentalities of
state and local governments;
(3) to contract with respect to any funds, grants or services from
whatever source derived;
(4) to provide such information and reports as may be necessary to
secure financial aid.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14003) (from Ch. 34, par. 5-14003)
Sec. 5-14003.
Joint regional planning commission.
If such region is situated in or embraces more than one county, the
county boards of said counties are hereby empowered to cooperate in
defining the boundaries of said region, and in the creation and
organization of one joint regional planning commission for such region so
mutually defined. The county boards of the counties which are members of
the joint regional planning commission are authorized to appropriate from
their funds for the use of the joint regional planning commission, in the
amounts as may mutually be agreed upon by said county boards.
The joint regional planning commission is authorized to prepare zoning
and building codes, ordinances or resolutions for submission to and
adoption by the various member county boards. The joint regional planning
commission may employ a staff to assist the member county boards in the
administration and enforcement of such zoning and building codes or
ordinances throughout the district, and in each member county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14004) (from Ch. 34, par. 5-14004)
Sec. 5-14004.
Advisory plan; member expenses.
The members
of the regional planning commission may be compensated on a per diem basis
with a mileage allowance for travel. The county board shall determine the
amount of compensation by ordinance, however such compensation shall not exceed
the compensation paid to members of the county board for per diem and mileage
expenses. Except as hereinafter provided, all plans of
the region made by such commission shall be advisory only, unless such plan
or portion of it may affect any city, village or incorporated town in which
there is a planning commission, and in case such regional plan for such
city, village or incorporated town is adopted by the city, village or
incorporated town planning commission, such regional plan or such part of
which as may be adopted shall have such force and effect as by law may be
provided; provided in counties of less than 500,000 inhabitants that, if
such plan sets out the centerline location and right-of-way width of
planned major streets in unsubdivided land or if such plan sets out the
future location of planned major streets in unsubdivided land, the county
board, upon adoption of such plan or part thereof by such regional planning
commission, may by resolution of record forbid the construction of
buildings in the right-of-way of such planned streets.
(Source: P.A. 89-103, eff. 7-7-95.)
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(55 ILCS 5/5-14005) (from Ch. 34, par. 5-14005)
Sec. 5-14005.
Coordination of plans.
The county planning commission
or regional planning commissions created under the provisions of this
Division shall encourage the cooperation of the political subdivisions
within their respective territories in any matters whatsoever which may
concern the county or regional plan or maps prepared by such commission as
an aid toward coordination of municipal plans with county and regional plans.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14006) (from Ch. 34, par. 5-14006)
Sec. 5-14006.
Official plans of counties of less than 500,000
population. In any county with a population not in excess of 500,000
located in the area served by the Northeastern Illinois Metropolitan Area
Planning Commission any planning commission created under the provisions of
this Division may prepare and recommend to the county board of such county a
comprehensive plan of public improvements looking to the present and future
development of the region for the planning of which it was created. The
plan or plans when adopted by the county board shall be designated as the
official plan, or part thereof, of that county. Such plan or plans may be
adopted in whole or in separate geographical or functional parts, each of
which, when adopted, shall be the official plan or part thereof, of that
county. Thereafter, from time to time, the planning commission may
recommend changes in the official plan or any part thereof. To provide for
the health, safety, comfort and convenience of the inhabitants of the
county, such plans may establish reasonable standards of design for
subdivisions and for resubdivisions of unimproved land and areas subject to
redevelopment, including reasonable requirements for public streets,
alleys, ways for public service facilities, storm or flood water runoff
channels and basins, parks, playgrounds, school grounds, and other public
grounds.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14007) (from Ch. 34, par. 5-14007)
Sec. 5-14007.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Before the county board of any county with a
population not in excess of 500,000 located in the area served by the
Northeastern Illinois Metropolitan Area Planning Commission adopts any plan
as the official plan, or part thereof, as provided in Section 5-14006, it
shall submit such plan to the Northeastern Illinois Metropolitan Area
Planning Commission for review and recommendations.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-14008) (Text of Section before amendment by P.A. 103-750) Sec. 5-14008. Powers of commission; real property. The joint regional planning commission may acquire, by purchase, gift, or legacy, and hold real property for the purposes of the joint regional planning commission, and may sell and convey that property. The value of the real property shall be determined by an appraisal performed by an appraiser licensed under the Real Estate Appraiser Licensing Act of 2002 and who is certified to appraise the type or types of property to be valued. The appraisal report of the appraiser shall be available for public inspection. The joint regional planning commission may purchase the real property under contracts providing for payment in installments over a period of time of not more than 20 years and may finance the purchase of the real property under finance contracts providing for payment in installments over a period of time of not more than 20 years. This Section applies only to a joint regional planning commission if it consists of 3 or fewer counties that border the Illinois River, where at least one of those counties has a population of 180,000 or more.(Source: P.A. 98-196, eff. 8-9-13.) (Text of Section after amendment by P.A. 103-750) Sec. 5-14008. Powers of commission; real property. The regional planning commission may acquire, by purchase, gift, or legacy, and hold real property for the purposes of the regional planning commission, and may sell and convey that property. The value of the real property shall be determined by an appraisal performed by an appraiser licensed under the Real Estate Appraiser Licensing Act of 2002 and who is certified to appraise the type or types of property to be valued. The appraisal report of the appraiser shall be available for public inspection. The regional planning commission may purchase the real property under contracts providing for payment in installments over a period of time of not more than 20 years and may finance the purchase of the real property under finance contracts providing for payment in installments over a period of time of not more than 20 years.(Source: P.A. 103-750, eff. 1-1-25.) |
(55 ILCS 5/Div. 5-15 heading) Division 5-15.
Water Supply, Drainage and Flood Control
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(55 ILCS 5/5-15001) (from Ch. 34, par. 5-15001)
Sec. 5-15001.
Applicability.
This Division shall apply to
any county upon the adoption of a resolution by the county board of any
such county, by at least two-thirds of the elected members, accepting the
provisions hereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002)
Sec. 5-15002.
Definitions.
When used in this Division the term
"waterworks system" means and includes a waterworks system in its entirety,
or any integral part thereof, including mains, hydrants, meters, valves,
standpipes, storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening apparatus, and all
other elements useful in connection with a water supply or water distribution
system.
The term "sewerage system" means and includes any or all of the
following: Sewerage treatment plant or plants, collecting, intercepting,
and outlet sewers, lateral sewers and drains, including combined storm
water and sanitary drains, force mains, conduits, pumping stations, ejector
stations, and all other appurtenances, extensions and improvements
necessary, useful or convenient for the collection, treatment and disposal
in a sanitary manner of storm water, sanitary sewage and industrial wastes.
The term "combined waterworks and sewerage system" means and includes a
waterworks and sewerage system, as hereinabove defined, which any county
shall determine to operate in combination.
The term "waste management" means the process of storage, treatment or
disposal, but not the hauling or transport, of "waste" as defined in
Section 3.535 of the Environmental Protection Act, but excluding
"hazardous waste" as defined in that Act.
(Source: P.A. 92-574, eff. 6-26-02.)
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(55 ILCS 5/5-15003) (from Ch. 34, par. 5-15003)
Sec. 5-15003. Department of public works. The county board may establish a department of public works with
authority to exercise complete supervision in such county over any of the
projects authorized by this Division in either of the methods
designated hereafter.
A. The county board may employ a superintendent of public works and such
other employees for the administration of the department as may be
necessary. The superintendent shall be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. The superintendent
shall have complete authority to supervise and manage the department. At least one employee in the public works department shall be a professional engineer licensed under the Professional Engineering Practice Act of 1989.
B. Each county public works department shall be managed by a board of
public works, consisting of 5 members appointed by the President and
Chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees, 2 shall serve for one
year, 2 for 2 years, and one for 3 years. The term of office of original
appointees shall be regarded as beginning on July 1, following their
appointment, and the term of all members shall continue until their
successors are appointed. At least 2 members must be elected officials of
municipalities within the county whose terms of office within the
municipalities will not expire prior to the termination of appointment
hereunder, one member must be a member of the county board whose term of
office will not expire prior to the termination of appointment hereunder,
one member must be a trustee of a Sanitary District within the county whose
term of office will not expire prior to the termination of appointment
hereunder, and one member must be chosen to represent the Conservation and
Public Health interests. The members of the board shall receive
compensation as provided by the county board. The board of public works may
employ a superintendent of public works and any other employees for the
administration of the department as may be necessary. The superintendent
must be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. Any county may advance general
funds for necessary studies or engineering for a project to be financed by
revenue bonds and be reimbursed by the proceeds of such bonds. Any county
may purchase such bonds with funds derived solely from the County Retailers
Occupation Tax.
(Source: P.A. 103-12, eff. 6-9-23.)
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(55 ILCS 5/5-15004) (from Ch. 34, par. 5-15004)
Sec. 5-15004.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Whenever any project contemplated under this
Division involves territory within the jurisdiction of the Northeastern
Illinois Metropolitan Area Planning Commission the plans for such project
shall be submitted to such Commission and to the regional planning commission
of the county in which located for their review and recommendations as to
its compliance with the plans of the respective planning agencies.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15005) (from Ch. 34, par. 5-15005)
Sec. 5-15005.
Tax levy.
In order to effectuate the purposes of
this Division, any such county may levy annually, in excess of
any other limit prescribed by law, a tax of not to exceed .02% of the
value, as equalized or assessed by the Department of Revenue, on all
taxable property in such county, such tax to be levied and collected in
like manner with the general taxes of such county, and when collected shall
be paid into a special fund in the county treasury.
This tax shall not be levied in any county until the question of its
adoption is submitted to the electors thereof and approved by a majority
of those voting on the question. This question may be submitted at any election
held in the county after the adoption of a resolution by the county board
providing for the submission of the question of the adoption hereof to
the electors of the county. The county board shall certify the resolution
and proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
such tax, it may thereafter be levied in such county for each succeeding year.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
Sec. 5-15006.
Exercise of powers.
The powers
granted in this Division relative to waterworks systems
and sewerage systems shall be exercised only in
areas which do not have available similar services provided by another
governmental unit, unless requested by such governmental unit pursuant
to an ordinance or a resolution passed by its governing body. After such
ordinance or resolution has been adopted it shall be published at least
once in a newspaper having a general circulation in such governmental
unit. The publication of the ordinance or resolution shall be accompanied
by a notice of the (1) specific number of voters required to sign a petition
requesting the question of the exercise of such powers by the county within
such governmental unit to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the prospective
referendum. The clerk of the governmental unit shall provide a petition
form to any individual requesting one.
If no petition is filed with the clerk of such governmental unit, as
hereinafter provided in this section, within 15 days after the
publication of the ordinance or resolution, the ordinance or resolution
shall be in effect after the expiration of that 15-day period, but if
within that 15-day period a petition is filed with the clerk of the
governmental unit, signed by 300 legal voters or by one fifth of all the
legal voters residing within the limits of the governmental unit,
whichever is less, asking that the question of the exercise of such
powers by the county within such governmental unit, as provided in the
ordinance or resolution, be submitted to the legal voters of the
governmental unit, the governing body of the governmental unit, by
ordinance, shall provide for a referendum within such governmental unit
on the question of the exercise of such powers therein by the county.
The clerk shall certify the ordinance or resolution and the question to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law.
However, an incidental duplication of functions shall not impair or
prevent the primary exercise of the powers herein conferred.
Any county exercising the powers granted by this Division relative to waste
management, shall do so only after adopting a solid waste management
plan as that term is described in the Local Solid Waste Disposal Act, as
now or hereafter amended. All powers, other than those relative to water
works systems and sewerage systems granted by this Division, may be
exercised throughout the county, without exception; provided that a
municipality which is located in 2 or more counties, one of which is a home
rule county, may, by ordinance, sever itself from county jurisdiction
relative to waste management if the municipality is a member of a Municipal
Joint Action Agency formed prior to June 15, 1988 pursuant to Section 3.2
of the Intergovernmental Cooperation Act.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15007) (from Ch. 34, par. 5-15007)
Sec. 5-15007.
General powers of county board.
In order to effect
the protection, reclamation or irrigation of the land and other property in
the county, and to protect the quality of the
environment and the quality of life from the adverse effects caused by the
improper storage, treatment or disposal of waste, and to accomplish all
other purposes of the county, the county board is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in the county; to fill up any abandoned or altered ditch,
drain, sewer, river, water course, pond, lake, creek or natural stream, and
to concentrate, divert or divide the flow of water in the county; to
construct and maintain main and lateral ditches, sewers, canals, levees,
dikes, dams, sluices, revetments, reservoirs, holding basins, floodways,
pumping stations and siphons, and any other works and improvement deemed
necessary to construct, preserve, operate or maintain the works or the
waste management systems in the county; to
construct or enlarge or cause to be constructed or enlarged any and all
bridges that may be needed in the county, to construct or elevate roadways
and streets; to construct any and all of said works and improvements
across, through or over any public highway, canal, railroad right of way,
track, grade, fill or cut, in the county; to remove or change the location
of any fence, building, railroad, canal, or other improvements in the
county; and shall have the right to hold, encumber, control, to acquire by
donation, purchase or condemnation, to construct, own, lease, use and sell
real and personal property, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in the county for right of way, holding
basin or for any necessary purpose, or for material to be used in
constructing and maintaining said works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
The board shall have the power to produce, pump and sell waters so
collected and impounded to public or private users and may use such means
as are reasonably necessary in connection with such service.
The board shall also have the power to produce and sell any product
resulting from the storage, treatment and disposal of waste including but
not limited to the generation of steam, hot water, and electricity by
combustion, refuse-derived fuel (RDF), and any recycled or reused materials
withdrawn from a wastestream by the activities of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15008) (from Ch. 34, par. 5-15008)
Sec. 5-15008.
Flow of streams and rivers.
The county board shall
supervise, regulate and control the flow within the boundaries of the county
of the waters of any river, stream or water course over and through any and
all dams and other obstructions, if any, now or hereafter existing or
constructed in, upon or along any such river, stream or water course; provided
however, that nothing in this Section contained shall empower any county to
abridge or in any manner curtail any vested water power rights or other rights.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15009) (from Ch. 34, par. 5-15009)
Sec. 5-15009. Acquisition of lands and construction of
facilities. The county board shall have the power to
acquire land for any and all of the purposes herein specified by this
Division, and adopt and enforce ordinances for the
necessary protection of sources of water supply and shall also have power
to build dams and reservoirs for the storage of water, sink wells,
establish intakes and water gathering stations, build water purification
works, pumping stations, conduits, pipe lines, regulating works and all
appurtenances required for the production, development and delivery of
adequate, pure and wholesome water supplies into the distribution systems
of incorporated cities and villages and corporations and individuals in
unincorporated areas and is further empowered to build, operate and
maintain such works when and where necessary and to sell water to said
incorporated cities and villages and said corporations and individuals not
in incorporated cities and villages, by meter measurements and at rates
that will at least defray all fixed, maintenance and operating charges.
Profits may be used for the extension and improvements of the water works
system but not for any other function enumerated herein.
For the purpose of acquiring, constructing, extending or improving any
waterworks system, sewerage system or combined waterworks and sewerage
system, or for waste management, under this Division, or any property
necessary or appropriate therefor, any county has the right of eminent
domain within such county as provided by the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(55 ILCS 5/5-15010) (from Ch. 34, par. 5-15010)
Sec. 5-15010.
Disposal of sewage, refuse and wastes; service
contracts. The county board shall have authority to control and regulate
the disposal of sewage, refuse, and any other wastes from any premises
within the borders of the county, except with respect to waste management in a
municipality that has severed itself from county jurisdiction under Section
5-15006, and to this end may adopt suitable ordinances.
An owner of property (i) who is denied a permit for an individual
sewerage disposal system and (ii) who on or after January 1, 1976, had been
granted permission for an individual sewerage disposal system by the
issuance of a permit, letter, or other written approval, whether expressed
or implied, by an appropriate governmental entity with jurisdiction for
individual sewerage disposal systems may reapply for a permit and be
reviewed and the permit issued using the standards in effect at the time
the original permission was given.
For the purpose of controlling and regulating the disposal of wastes
throughout the county, the county board may appoint a county solid waste
committee to develop and implement a solid waste management plan. The
committee shall be composed of members of the county board and
representatives of the municipalities throughout the county.
The county solid waste committee shall adopt by-laws,
by a majority vote of the county and municipal members, to govern the
functions of the committee and its subcommittees. Any
resolution establishing a county solid waste committee or any amendment
to that resolution shall be adopted by 2/3 of the county
board members present and voting at the session in which the resolution is
considered. This Section shall apply to any resolution establishing a solid
waste committee approved any time after March 1, 1987.
The county is authorized to prepare a solid waste management plan,
as that term is described by the Local Solid Waste Disposal Act. After the
preparation of the plan, the county board shall hold hearings on the plan and
shall afford interested persons an opportunity to be heard. The hearing shall
be held in the county seat. Notice of any hearing shall be published at least
15 days in advance of the hearing in a newspaper of general circulation
published in the county. The notice shall state the time and place of the
hearing and the place where copies of the proposed plan will be accessible for
examination by interested parties. Within 30 days after the hearing the county
board may approve the plan.
The county board is further authorized to adopt any procedures necessary
to implement the plan and provide by ordinance, license, contract, or
other means that the methods of disposal of solid waste shall be the
exclusive methods of disposal to be allowed anywhere within the borders of
the county, notwithstanding the fact that competition may be displaced or
that the ordinance, license, contract, or other measure may have an
anti-competitive effect. Notwithstanding the granted authority, the
county shall not have the authority to control or regulate the collection
of waste within the corporate boundaries of any municipality.
The county is authorized to construct or purchase and operate a
waterworks system, a sewerage system, a combined waterworks and
sewerage system, or a waste management system to improve or
extend any such system so acquired from
time to time, as provided in this Division. The county may furnish water,
sewerage service, combined water and sewerage service, or waste
management service to individuals, municipal corporations, or other
corporations, and may impose and collect charges or rates for furnishing
water, sewerage service, combined water and sewerage service, or waste
management service, as provided in this Division. Any county that owns and
operates or may hereafter own and operate a waterworks system, a
sewerage system, a combined waterworks and sewerage system, or a waste
management system may enter into and perform contracts, whether long-term
or short-term, with any municipal, public utility, or other corporation or
any person or firm for the furnishing by the county of water, sewerage
service, combined water and sewerage service, or waste management service.
The contracts may provide for periodic payments to the
county of a share of the amounts necessary to pay or provide for the
expenses of operation and maintenance of the waterworks system, sewerage
system, combined waterworks and sewerage system, or waste
management system (including insurance), to pay the principal of and
interest on any revenue bonds issued under this Division, to provide an
adequate depreciation fund as provided in this Division, and to maintain other
reserves and sinking funds as may be deemed necessary or desirable by the
county for the payment of the bonds or the extension or improvement of the
waterworks properties, sewerage facilities, combined waterworks and sewerage
system, or waste management system, as the case may be. Any
county may also enter into and perform contracts, whether long-term or
short-term, with any such corporation, person, or firm for the leasing,
management, or operation of a waterworks system, a sewerage system, a
combined waterworks and sewerage system, or a waste management system.
(Source: P.A. 86-962; 86-1191; 87-1049.)
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(55 ILCS 5/5-15011) (from Ch. 34, par. 5-15011)
Sec. 5-15011.
Construction and maintenance of sewers.
Every
such county is authorized to construct, maintain, alter and
extend its sewers, pipelines, channels, ditches and drains along, upon,
under and across any highway, street, alley or public ground in the State
as a proper use of highways, but so as not to incommode the public use
thereof, and the right and authority are granted to any such county to
construct, maintain and operate any conduits, mainpipe or pipes, wholly or
partially submerged, buried, or otherwise, in, upon and along any of the
lands owned by the State and under any of the public waters therein;
provided, that the extent and location of the lands and waters so to be
used and appropriated shall be approved in writing by the appropriate
State agency: And provided further, that the
rights, permission and authority hereby granted shall be subject to all
public rights of commerce and navigation, and to the authority of the
United States in behalf of such public rights and also to the right of the
State to regulate and control fishing in the public waters.
(Source: P.A. 92-85, eff. 7-12-01.)
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(55 ILCS 5/5-15012) (from Ch. 34, par. 5-15012)
Sec. 5-15012.
Contracts with federal agencies.
Whenever
there shall be located within any such county, any United States
military post, reservation or station, or any naval station, or
other federal enclave, the county board is authorized to enter
into contracts or agreements with the appropriate authorities
of the United States, permitting either party to the contract
to connect with and use any conduits, channels, pipes or
facilities, and to use any other structures or work installed
by the other party to the contract.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15013) (from Ch. 34, par. 5-15013)
Sec. 5-15013.
Approval of plans as prerequisite to commencement of
works. Before any work is commenced under the provisions of this Division
the plans therefor shall be submitted to, and approved by the Department of
Natural Resources and by the Environmental Protection
Agency of the State of Illinois, or by any other designated reviewing State
agency.
(Source: P.A. 89-445, eff. 2-7-96.)
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(55 ILCS 5/5-15014) (from Ch. 34, par. 5-15014)
Sec. 5-15014.
Flood control.
The county board may cooperate and enter
into agreements with the proper agencies of the United States Government,
municipal corporations of this State, political subdivisions and persons
and associations, for the formulation of plans, and for the construction of
any and all improvements for the control of destructive floods, and for the
conservation, regulation, development and utilization of water, waterways
and water resources, or other purposes of this Division. Such
agreements may assign to the several cooperating agencies particular
projects or portions of projects for the purposes herein stated and may
provide for joint understandings for said purposes and for contribution to
execute any works agreed upon with any other of the above mentioned
agencies in the State of Illinois to carry out the provisions of this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15015) (from Ch. 34, par. 5-15015)
Sec. 5-15015.
Pollution of streams.
The county board shall have
authority to prevent pollution of any stream or any other body of water
within the county and to cause any and all parties, persons, firms and
corporations to cease any and all pollution of any such streams or body of
water within such county; provided that the authority of the Pollution
Control Board of the State of Illinois shall not be superseded.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15016) (from Ch. 34, par. 5-15016)
Sec. 5-15016.
Groundwater protection.
The county board of any county
which is served by a community water supply well may perform a groundwater
protection needs assessment, and may by ordinance adopt a minimum or
maximum setback zone around a wellhead pursuant to Sections 14.2, 14.3,
14.4 and 17.1 of the Environmental Protection Act.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15017) (from Ch. 34, par. 5-15017)
Sec. 5-15017.
Revenue bonds.
In order to pay the cost of the
construction, acquisition by condemnation, purchase or otherwise of any
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the
improvement or extension from time to time thereof, including engineering,
inspection, legal and financial fees and costs, working capital, interest
on such bonds during construction and for a reasonable period thereafter,
establishment of reserves to secure such bonds and all other expenditures
of such county incidental and necessary or convenient thereto, the county
board may issue and sell revenue bonds payable solely from the income and
revenue derived from the operation of the waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities,
as the case may be, and may also from
time to time issue revenue bonds for the purpose of paying, refunding
or redeeming revenue bonds before, after or at their maturity, including
paying redemption premiums or interest accruing or to accrue on the bonds
being paid or redeemed or for paying any other costs in connection with
any such payment or redemption. All such bonds shall be authorized by
ordinance to be adopted by the board, which shall be separate and distinct
as applies to waterworks properties and as applied to sewage facilities
except where the system is combined. Such bonds shall bear such date or
dates, mature at such time or serially at such times not exceeding 40 years
from their respective dates, may bear interest at such rate or rates not
exceeding the maximum rate established in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as from time to time in effect, may be in
such form, may carry such registration privileges, may be executed in such
manner, may be payable at such place or places, may be subject to
redemption in such manner, and upon such terms with or without premium as
is stated on the face thereof, and may be executed in such manner by such
officers, and may contain such terms and covenants, all as provided by the
ordinance authorizing the issue.
Such bonds shall be sold in such manner as the board shall determine,
and if issued to bear interest at the maximum rate specified in this
Section shall be sold for not less than par and accrued interest; however,
the selling price of any bonds bearing less than such maximum rate,
shall be such that the interest cost of the money received from the sale of
the bonds shall not exceed such maximum rate, computed to absolute
maturity, according to standard tables of bond values.
Notwithstanding the form or tenor thereof, and in the absence of
expressed recitals on the face thereof that the bonds are non-negotiable,
all such bonds shall be negotiable instruments.
To secure payment of any and all such bonds such ordinance shall set
forth the covenants and undertakings of the county in connection with the
issuance thereof, and the issuance of additional bonds payable from the
revenues or income to be derived from the operation of the waterworks
properties or sewage facilities, or waste management facilities, as the
case may be, as well as the use and operation thereof, and for the use and
disposition for waterworks, and sewerage, and waste management purposes of
investment earnings on funds and accounts created with respect to the revenue bonds.
In case any officer whose signature appears on the bond or coupons
attached thereto shall cease to be such officer before the delivery of the
bonds to the purchaser, such signature shall nevertheless be valid and
sufficient for all purposes to the same effect as if he had remained in
office until the delivery of the bonds.
Under no circumstances shall any bonds issued or any other obligation,
except as set forth in Section 5-15003, incurred
pursuant to the provisions of this Division be or become an
indebtedness or an obligation of the county payable from taxes and shall
not in any event constitute an indebtedness of such county within the
meaning of the constitutional provisions or limitations, and such fact
shall be plainly stated on the face of each bond.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15018) (from Ch. 34, par. 5-15018)
Sec. 5-15018.
Ordinances relative to issuance of revenue bonds.
Any ordinance authorizing the issuance of revenue bonds as provided for in
this Division shall describe in a general way the contemplated project,
refer to general plans and specification prepared for any construction
work, which shall be placed on file in the office of the county clerk
available for inspection by the public.
Such ordinance shall also set out the total estimated cost of the
project, fix the amount of bonds proposed to be issued, the maturity or
maturities, the interest rate and all details in respect thereof, and the
covenants and undertakings of the county in connection with the application
of the income and revenue and the issuance of additional revenue bonds
thereafter as may be deemed necessary or advisable for assurance of the
payment of the bonds thereby authorized, and as may thereafter be issued.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15019) (from Ch. 34, par. 5-15019)
Sec. 5-15019.
Use of revenues.
Whenever revenue
bonds are issued under this Division the income and
revenue derived from the operation of the waterworks properties or sewage
facilities, or waste management facilities, as the case may be, shall
be used only to pay the cost of operation and maintenance (including
insurance) of the waterworks properties or sewage facilities, or waste
management facilities, or a combination thereof, as the case may
be, to pay principal of and interest on any revenue bonds issued hereunder,
to provide an adequate depreciation fund, which fund is hereby defined to
be for such replacements as may be necessary from time to time for the
continued, effective and efficient operation of the waterworks properties,
or sewage facilities, or a combination
thereof, or waste management facilities, as the case may be, which
such fund shall not be allowed to accumulate beyond a reasonable amount
necessary for that purpose, the terms and provisions of which shall be
incorporated in the ordinance authorizing the issuance of the bonds, and to
maintain such other reserves and sinking funds as may be deemed necessary
or desirable by the county for the payment of the bonds or the extension or
improvement of the waterworks properties, or sewage facilities, or a
combination thereof, or waste management facilities, as the case may be.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15020) (from Ch. 34, par. 5-15020)
Sec. 5-15020.
Rates and charges; rights of bondholders.
Rates
and charges for the use and service of the waterworks
properties, or sewage facilities, or waste management facilities, as the
case may be, acquired by any county shall be sufficient at all times to pay
the cost of maintenance and operation, to pay the principal of and interest
upon all revenue bonds issued under the provisions of this Division,
to provide a reasonable depreciation fund as established pursuant to the
provisions of the ordinance authorizing the issuance of any revenue bonds,
and to maintain such other reserves and sinking funds as may be deemed
necessary or desirable by the county for the payment of the bonds or the
extension or improvement of the waterworks properties or, sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, and the holder of any bond or bonds or any of the interest
coupon or coupons of any revenue bonds of any such county may in any civil
action, mandamus, injunction or other proceeding enforce and compel the
performance of all duties required by this Division and the covenants and
undertakings set forth in any bond ordinance, including the making and
collecting of sufficient rates and charges for the use or service of the
waterworks properties, or sewage facilities, or a combination thereof, or
waste management facilities, as the case may be, and the proper application
of the income and revenue therefrom.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15021) (from Ch. 34, par. 5-15021)
Sec. 5-15021.
Rules and regulations; liens;
discontinuance of service. Rules and regulations governing the
maintenance and operation of the waterworks properties, or sewage
facilities, or waste management facilities, as the case
may be, shall be established from time to time by ordinance, and rates
and charges for use and service for all purposes, including charges to
connect to such properties or facilities, and which may include the
imposition of interest and penalties for failure to make payments when
due, except for charges or rates established by contract for a wholesale
supply of water as herein authorized shall be established, revised,
maintained, be due and payable, and be in force as the county board may
determine by separate ordinances, and rates or charges established by
the board shall not be subject to any statutory regulations covering
rates and charges for similar service by privately owned waterworks,
sewage facilities or waste management facilities.
Any ordinance establishing rules and regulations or rates or charges
for the use and service shall be published within 30 days after its
adoption in a newspaper published and of general circulation in the
county, and if there be no such newspaper then such ordinance shall be
posted in not less than 10 of the most public places in the county, and
shall become effective 10 days after such publication or posting as the
case may be.
Rates and charges for the use and service of the county's waterworks
properties and sewage facilities (except for rates or charges for a
wholesale supply of water or wholesale sewerage service as herein
authorized) shall be liens upon the real estate to which water or
sewerage service is supplied whenever the rates or charges become
delinquent as provided by an ordinance of the county fixing a delinquency date.
A lien is created under the preceding sentence only if the county sends
to the owner or owners of record of the real estate, as referenced by the
taxpayer's identification number, (i) a copy of each delinquency notice sent to
the person who is delinquent in paying the charges or rates or other notice
sufficient to inform the owner or owners of record, as referenced by the
taxpayer's identification number, that the charges or rates have become
delinquent and (ii) a notice that unpaid charges or rates may create a lien on
the real estate under this Section. The county shall have no preference in any
such lien over the rights of any purchaser, mortgagee, judgment creditor or any
lien holder arising prior to the notice of filing of such lien in the
office of the recorder of the county in which the real estate
is located. This notice shall consist of a statement sworn to by an
authorized officer or employee of the county setting out (1) a
description of such real estate sufficient for the identification
thereof, (2) the amount of money due for such water or sewerage service
and (3) the date when such amount became delinquent.
The county shall send a copy of the notice of the lien to the owner or
owners of record of the real estate, as referenced by the taxpayer's
identification number. The county shall have the power to foreclose this lien
in the same manner and with the same effect as in the foreclosure of mortgages
on real estate.
The payment of rates and charges for water services to any premises
may be enforced by discontinuing the water service to such premises, and
the payment of charges for sewerage service to any premises may be
enforced by discontinuing either the water service or the sewerage
service to such premises, or both. Any public or municipal corporation
or political subdivision of the State furnishing water service to a
premises shall discontinue such service upon receiving written notice
from the county that a rate or charge for sewerage service has become
delinquent, and shall not resume water service until receiving a like
notice that such delinquency has been removed. The county shall
reimburse any such public or municipal corporation or political
subdivision of the State for the reasonable cost of any such
discontinuance and resumption of water service. The county may contract
with any privately owned public utility for the discontinuance of water
service to a premises on account of which a rate or charge for sewerage
service has become delinquent.
(Source: P.A. 86-962; 87-1197.)
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(55 ILCS 5/5-15022) (from Ch. 34, par. 5-15022)
Sec. 5-15022.
General obligation bonds.
Any such county may issue
general obligation bonds for the purposes of either planning for,
acquiring, or operating and maintaining waterworks properties, or sewage
facilities, or a combination thereof, or waste management facilities, as
the case may be, in the manner prescribed in Section 5-1008, as heretofore
or hereafter amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-15025)
Sec. 5-15025. Boil order; notification of certified local public health department required. If a county, or any department or agency of the county, issues a boil order, then the county must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the county must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93-1020, eff. 8-24-04.) |
(55 ILCS 5/Div. 5-16 heading) Division 5-16.
Sanitary Districts
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(55 ILCS 5/5-16001) (from Ch. 34, par. 5-16001)
Sec. 5-16001.
Sewerage service contracts with counties.
Any
sanitary district organized and created under the laws of the
State of Illinois having a population of less than 500,000 and lying wholly
or partly within the boundaries of any county which accepts the provisions
of Division 5-15, as heretofore or hereafter amended, may contract
with such county for sewerage service to or for the benefit of the
inhabitants of the sanitary district. Any such contract may provide for the
periodic payment to the county of a share of the amounts necessary to pay
or provide for the expenses of operation and maintenance of the sewerage
system (including insurance) of the county, to pay the principal of and
interest on any revenue bonds issued by the county hereunder, and to
provide an adequate depreciation fund and to maintain other reserves and
sinking funds for the payment of the bonds or the extension or improvement
of the sewage facilities of the county.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the sanitary district, or for a term not in excess of 40
years, if the obligation under the contract is payable solely from the
revenues derived by the sanitary district from its sewerage system.
If the contract is payable solely from the revenues derived by the
sanitary district from its sewerage system, the amounts due under the
contract shall be deemed an expense of operating and maintaining the
sewerage system of the sanitary district.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-17 heading) Division 5-17.
Leasing Space in Court Houses
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(55 ILCS 5/5-17001) (from Ch. 34, par. 5-17001)
Sec. 5-17001.
Leasing space in court house.
Whenever there is space
in the county court house not needed for county purposes, the county board
may lease such space to the state or any court thereof, to any city,
village, town, sanitary district or other municipal corporation for such
period of time and upon such terms as may seem just and equitable to the board.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-18 heading) Division 5-18.
Judicial Advisory Council
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(55 ILCS 5/5-18001) (from Ch. 34, par. 5-18001)
Sec. 5-18001.
Appointment of Judicial Advisory Council.
In any county of this State containing more than five hundred thousand
inhabitants, it shall be lawful for the County Board to provide by
resolution for the creation of a body, to be known as the Judicial Advisory
Council of the County of ...., with the powers and duties hereinafter
mentioned. Such body shall consist of five members who shall be appointed
by the presiding officer of the county board with the advice and consent of
the County Board. All shall be persons learned in the law, and two at least
of their number shall be members of the judiciary. The persons thus
appointed shall hold office for four years and until their respective
successors have been duly appointed and qualified. They shall serve without
compensation, but shall be reimbursed for all expenses incurred in carrying
out the duties defined by this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-18002) (from Ch. 34, par. 5-18002)
Sec. 5-18002.
Duties of Council.
It shall be
the duty of the Council, by continuous study of the
problems involved, to devise means to effect the improvement of the
administration of justice in and with relation to the county, and to
formulate all proper suggestions and recommendations concerning legislation
and other measures designed to bring about such improvement. Within the
scope of its study shall be the laws of this State relating to judicial
organization, criminal law, criminal procedure and civil procedure; all
matters relating to the apprehension and prosecution of persons charged
with criminal offenses and the penal treatment of persons convicted of such
offenses; the functioning of the courts of the county, both internally and
in relation to all other public agencies of the State and county whose work
connects with that of such courts; the rules of such courts; and the
administrative methods employed therein. The suggestions and
recommendations resulting from such study shall from time to time be
reported in writing to the County Board and, so far as they relate to
legislation, shall also be laid before the Judicial Advisory Council of the
State of Illinois. The Council shall further co-operate with the Judicial
Advisory Council of the State of Illinois in such manner as is or may be
prescribed by law in relation to that body.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-18003) (from Ch. 34, par. 5-18003)
Sec. 5-18003.
Powers of Council.
The Council
is empowered to prepare and cause to be printed any and
all drafts of bills intended to carry out its recommendations, as well as
any and all reports, memoranda or other papers necessary or incident to the
performance of its tasks. Its members, with a view to obtaining information
and suggestions which will aid in the attainment of its objects, are
authorized to visit and observe the courts of other jurisdictions and to
attend meetings of professional bodies and of associations and groups
engaged in study or research or other work contributing to the
modernization of law or procedure or otherwise looking to better standards
of civil or criminal justice.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-18004) (from Ch. 34, par. 5-18004)
Sec. 5-18004.
Office quarters.
The county board shall provide and
maintain office quarters for the use of the Council in the transaction of
its business. The number and compensation of the clerical, expert and other
assistance to be engaged by the Council and the amount of expenses to be
incurred by the Council shall annually be fixed by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-18005) (from Ch. 34, par. 5-18005)
Sec. 5-18005.
Expenses.
The County Board shall appropriate from
the county treasury, from year to year, such sums as it may deem necessary
and reasonable to defray the expenses of the Council in the performance of
its duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-19 heading) Division 5-19.
Safety Council
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(55 ILCS 5/5-19001) (from Ch. 34, par. 5-19001)
Sec. 5-19001.
Creation of safety council.
The county
board of any county may, by resolution, provide for the creation
of a safety council for the county to consist of such number of
members to serve for such terms as may be provided in such
resolution or any amendment thereof. The council may be authorized
to appoint and fix the salary of a safety director and such other
employees as the county board designates. The members of the safety
council shall receive no compensation but may be reimbursed for any
necessary expenses incurred in the performance of their duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-19002) (from Ch. 34, par. 5-19002)
Sec. 5-19002.
Powers and duties of council.
The safety council shall
conduct safety programs and safety educational campaigns to promote the
protection and conservation of life and property and the prevention of
accidents in the county. The council may cooperate with State agencies,
other political subdivisions, municipal corporations and private
organizations in the conduct of such programs and campaigns.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-19003) (from Ch. 34, par. 5-19003)
Sec. 5-19003.
Appropriations.
The county board may appropriate from
the county treasury such sums as it may deem necessary to defray the
expenses of the safety council in the performance of its duties.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-20 heading) Division 5-20.
Board of Health
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(55 ILCS 5/5-20001) (from Ch. 34, par. 5-20001)
Sec. 5-20001.
Powers and duties of board of health.
The board
of county commissioners in counties not under township
organization, and the supervisor, assessor and town clerk of every town in
counties under township organization, shall constitute a board of health,
and on the breaking out of any dangerously communicable diseases in their
county or town, or in the immediate vicinity thereof, it may make and
enforce such rules and regulations tending to check the spread of the
disease within the limits of the county or town as may be necessary; and
for this purpose the board may quarantine any house or houses or place where
any infected person may be, and cause notices of warning to be put thereon,
and require the disinfection of the house or place: Provided, that nothing
in this Division shall apply to any territory lying within the corporate
limits of any city or village: Provided, further, that in case the board of
health in any county not under township organization, or of any township in
counties under township organization fails, refuses or neglects to promptly
take the necessary measures to preserve the public health, or in case any
such board of health refuses or neglects to carry out the rules and
regulations of the Department of Public Health, that thereupon the
Department of Public Health may discharge such duties and collect from the
county or township, as the case may be, the reasonable costs, charges and
expenses incurred thereby.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-20002) (from Ch. 34, par. 5-20002)
Sec. 5-20002.
Additional powers.
The boards of health shall
have the following powers:
First--To do all acts, make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease.
Second--To appoint physicians as health officers and prescribe their
duties.
Third--To incur the expenses necessary for the performance of the duties
and powers enjoined upon the board.
Fourth--To provide gratuitous vaccination and disinfection.
Fifth--To require reports of dangerously communicable diseases.
No board of health constituted under this Division shall
function in any county during the period that Division 5-25 is in force
in that county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-20003) (from Ch. 34, par. 5-20003)
Sec. 5-20003.
Violations.
Any person who shall violate or refuse to
obey, any rule or regulation of the said board of health, shall be guilty
of a Class B misdemeanor.
All fines collected under the provisions of this Division
shall be paid into the county treasury of the county in which the suit is
brought, to be used for county purposes, and it shall be the duty of the
State's Attorney in the respective counties to prosecute all persons
violating, or refusing to obey, the rules of said local boards of health.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-20004) (from Ch. 34, par. 5-20004)
Sec. 5-20004.
Record.
The clerk of the board of county
commissioners, or the town clerk, as the case may be, shall keep a full
record of all the doings of said board and report the same to the annual
meeting of such board of county commissioners, or town board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-20005) (from Ch. 34, par. 5-20005)
Sec. 5-20005.
Compensation.
Except as hereinafter provided, the
members of such boards of health shall be allowed for the time spent in the
performance of their duties, each the sum of $1.50 per day, which together
with all bills by them contracted and all sums of money by them expended,
shall be audited and paid in the same manner as other county and town
expenses. Members of boards of county commissioners elected after July 1,
1965, shall receive no per diem, for serving as a member of a board of health.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-21 heading) Division 5-21.
County Homes
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(55 ILCS 5/5-21001) (from Ch. 34, par. 5-21001)
Sec. 5-21001. Establishment and maintenance of county home. In any county
which establishes and maintains a county sheltered care home or a county
nursing home for the care of infirm or chronically ill persons, as provided
in Section 5-1005, the County Board shall have power:
1. To acquire in the name of the county by purchase, grant, gift, or
legacy, a suitable tract or tracts of land upon which to erect and
maintain the home, and in connection therewith a farm or acreage for the
purpose of providing supplies for the home and employment for such
patients as are able to work and benefit thereby.
The board shall expend not more than $20,000 for the purchase of any
such land or the erection of buildings without a 2/3 vote of all its
members in counties of 300,000 or more population, or a favorable
vote of at least a majority of all its members in counties under 300,000
population.
2. To receive in the name of the county, gifts and
legacies to aid in the erection or maintenance of the home.
3. To appoint a superintendent and all necessary employees for the
management and control of the home and to prescribe their compensation
and duties.
4. To arrange for physicians' or other health care professionals' services and other medical care for
the patients in the home and prescribe the compensation and duties of
physicians so designated.
5. To control the admission and discharge of patients in the home.
6. To fix the rate per day, week, or month which it will charge for
care and maintenance of the patients. Rates so established may vary
according to the amount of care required, but the rates shall be uniform
for all persons or agencies purchasing care in the home except rates for
persons who are able to purchase their own care may approximate actual cost.
7. To make all rules and regulations for the management of the home
and of the patients therein.
8. To make appropriations from the county treasury for the purchase
of land and the erection of buildings for the home, and to defray the
expenses necessary for the care and maintenance of the home and for
providing maintenance, personal care and nursing services to the
patients therein, and to cause an amount sufficient for those purposes
to be levied upon the taxable property of the counties and collected as
other taxes and further providing that in counties with a population of
not more than 1,000,000 to levy and collect
annually a tax of not to exceed .1% of the value, as equalized or
assessed by the Department of Revenue, of all the
taxable property in the county for these purposes. The tax shall be in
addition to all other taxes which the county is authorized to levy on
the aggregate valuation of the property within the county and shall not
be included in any limitation of the tax rate upon which taxes are
required to be extended, but shall be excluded therefrom and in addition
thereto. The tax shall be levied and collected in like manner as the
general taxes of the county, and when collected, shall be paid into a
special fund in the county treasury and used only as herein authorized. No
such tax shall be levied or increased from a rate lower than the maximum
rate in any such county until the question of levying
such tax has first been submitted to the voters of such county at an
election held in such county, and has been approved by a majority of such
voters voting thereon. The corporate authorities shall certify the
question of levying such tax to the proper election officials, who shall
submit the question to the voters at an election held in accordance with
the general election law.
The proposition shall be in substantially the following form:
Shall ........ County be authorizedto levy and collect a tax at a rate not YESto exceed .1% for the purpose of ........ (purchasing, maintaining) a NO county nursing home?
If a majority of votes cast on the question are in favor, the county shall
be authorized to levy the tax.
If the county has levied such tax at a rate lower than the maximum
rate set forth in this Section, the county board may increase the rate of
the tax, but not to exceed such maximum rate, by certifying the proposition
of such increase
to the proper election officials for submission to the voters of the county
at a regular election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall the maximum rateof the tax levied by........ YESCounty for the purpose of.......(purchasing, maintaining) a county nursing home beincreased from........ to NO........ (not to exceed .1%)
If a majority of all the votes cast upon the proposition are in favor
thereof, the county board may levy the tax at a rate not to exceed the rate
set forth in this Section.
9. Upon the vote of a 2/3 majority of all the members of the
board, to sell, dispose of or lease for any term, any part of the home
properties in such manner and upon such terms as it deems best for the
interest of the county, and to make and execute all necessary
conveyances thereof in the same manner as other conveyances of real
estate may be made by a county. However, if the home was erected after
referendum approval by the voters of the county, it shall not be sold
or
disposed of except after referendum approval thereof by a
majority of the voters of the county voting thereon.
If the home was erected after referendum approval by the voters of the
county, the county nursing home may be leased upon the vote of a 3/5 majority
of
all the members of the board.
10. To operate a sheltered care home as a part of a county nursing
home provided that a license to do so is obtained pursuant to the
Nursing Home Care Act, as amended.
(Source: P.A. 99-581, eff. 1-1-17.)
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(55 ILCS 5/5-21002) (from Ch. 34, par. 5-21002)
Sec. 5-21002.
Cemeteries connected with facility.
Any county
which, on January 1, 1980, operates a county sheltered
care home, county nursing home or county home for the aged, and in
connection therewith maintains a cemetery for indigent persons who die
while patients or residents of such a home, shall have the power to
continue operating and maintaining the cemetery without regard to any
changes in the operational status of the home.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21003) (from Ch. 34, par. 5-21003)
Sec. 5-21003.
Management contracts for sheltered care or nursing
homes. The county board may, pursuant to Section
5-21006, provide by contract for the management of a county
sheltered care home or county nursing home, including the powers and
functions set forth in subparagraphs 3 through 7 of Section 5-21001.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21004) (from Ch. 34, par. 5-21004)
Sec. 5-21004.
Joint county homes.
Any county may contract
with another county or counties jointly to secure, by purchase
or otherwise, necessary lands, and to erect and maintain a county
sheltered care home or county nursing home under this Division.
The approval of the County Board of each county shall be necessary
for the exercise of the powers enumerated in Section 5-21001. A
joint home may be dissolved or abandoned by agreement of the
participating counties, or upon petition to the Circuit Court, upon
such terms as are equitable and just to the participating counties.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21005) (from Ch. 34, par. 5-21005)
Sec. 5-21005.
Management of home or farm.
Each county sheltered care
home or county nursing home shall be conducted by the county, or counties
in the case of a joint home, through its or their officers or employees,
except that management may be provided by contract pursuant to Section
5-21006. A home shall not be let or rented to any individual, association,
or corporation except that a county of more than 150,000 but less than
500,000 population may lease such home to any township in the county having
more than 125,000 population. However, the manner of operating a farm or
acreage acquired in connection with a county sheltered care home or a
county nursing home shall be within the sound discretion of the County
Board. Such farms or acreage may be rented or leased to either public or
private entities at such time or times and on such terms and conditions,
including crop-sharing arrangements, as the Board deems best for the
interest of the county.
The management of any such home or farm may have and maintain a petty
cash fund at such sheltered care home or county nursing home in the
amount not to exceed $2,500 for the purpose of paying small expenses of
not over $100 each.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21006) (from Ch. 34, par. 5-21006)
Sec. 5-21006.
Rules governing county boards.
When a county
board has decided by majority vote to provide for the management of a
county sheltered care home or county nursing home by contract, it shall
comply with the following:
(a) Bids. The board shall advertise for bids by publishing a notice on
at least 2 separate days in a newspaper of general circulation published
in the county not more than 30 days nor less than 15 days prior to the opening
of bids. Such advertisement for bids shall specify the conditions set forth
in this Section. Upon the opening of bids, the county board shall award
the contract to the lowest responsible bidder except that the board may
reject all bids. If the board rejects all bids and votes to obtain new
bids, the requirements concerning procedure and advertising set forth in
this Section shall apply to such new bids.
(b) Conditions of Contract. The county board shall not enter into a contract
pursuant to this Section which does not contain the following provisions:
(1) All applicable State and Federal rules and regulations shall be adhered
to and full cooperation shall be given to all legitimate State and Federal
requests for inspections and information. Such compliance shall include
but not be limited to the provisions of the "Nursing Home Care
Act", approved August 23, 1979, as amended.
(2) The powers of the county board contained in Sections 5-21009 and
5-21010 shall be maintained by the board.
(3) The contractor shall make monthly written reports to the county board
or a health services committee of the board and shall meet with the board
or its committee at least once every 2 months. The contractor shall also
make an annual report to the board. The content of such reports shall be
specified in the contract.
(4) The facilities and records of the home shall be open for inspection
by the board at all times.
(5) No contract may extend for a period beyond 4 years.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-21007) (from Ch. 34, par. 5-21007)
Sec. 5-21007.
Name of joint home.
The County Board of the county, or
County Boards in the case of a joint home, shall select a suitable name for
the home but no name shall employ any word or term indicating that the home
is maintained for the care and support of destitute persons.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21008) (from Ch. 34, par. 5-21008)
Sec. 5-21008.
Licensing and regulation.
Any county sheltered care
home or county nursing home established under this Division shall be
subject to the provisions of the "Nursing Home Care Act", as amended.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-21009) (from Ch. 34, par. 5-21009)
Sec. 5-21009. Purchase of care. Any infirm or chronically ill
resident of the county, or resident of participating counties in the case
of a joint home, who desires to purchase care and maintenance in the county
home with his own funds or with a public aid grant awarded to him under
"The Illinois Public Aid Code" may be received and cared for in the home.
Upon authorization of the County Board, or the County Boards in the case
of a joint home, infirm or chronically ill residents of other counties who
desire to purchase care and maintenance in the home from their own funds or
from public aid grants may also be admitted to the home.
The Department of Healthcare and Family Services, any local Supervisor of General
Assistance, and any other State or local agency may also purchase care in
the home for persons under their charge by paying the rates established by
the County Board.
(Source: P.A. 95-331, eff. 8-21-07.)
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(55 ILCS 5/5-21010) (from Ch. 34, par. 5-21010)
Sec. 5-21010.
Admission of persons unable to purchase care and
maintenance. Any infirm or chronically ill resident of the county, or of a
participating county in the case of a joint home, who is unable to purchase
care and maintenance in the county home shall be admitted upon the order of
the Supervisor of General Assistance of the local governmental unit in
which he has residence. If a county has not established a home, or the
facilities of the county's home are insufficient, the Supervisor of General
Assistance may provide for the admission and maintenance of such person in
the home of another county. If the governmental unit fails to pay for the
person's care and maintenance, the county may recover the amount due for
care by appropriate civil action against the governmental unit.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21011) (from Ch. 34, par. 5-21011)
Sec. 5-21011.
Payment of charges.
The charge for care of each patient
shall be paid to the superintendent of the home, or otherwise, as provided
by the governing County Board or Boards.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21012) (from Ch. 34, par. 5-21012)
Sec. 5-21012.
Reports by superintendent.
The superintendent of the
home shall annually, and at such other times as may be required by the
governing County Board or Boards, make full and complete reports of all
moneys received and expended by him and furnish such other information in
relation to the home as may be required of him by the County Board or Boards.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-21013) (from Ch. 34, par. 5-21013)
Sec. 5-21013.
Records pertaining to patients.
The governing County
Board or Boards shall keep or cause to be kept accurate records relating to
the identification, residence, dates of admission and discharge, and
medical history of all patients in the home, and such further records as
are deemed necessary for the efficient administration of the home.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-22 heading) Division 5-22.
Homes for the Aged
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(55 ILCS 5/5-22001) (from Ch. 34, par. 5-22001)
Sec. 5-22001.
Establishment and maintenance of homes
for the aged. Any county is authorized to purchase or
construct, equip, operate and maintain one or more homes
for the aged.
In order to finance any such home, any county may borrow money and issue
and sell bonds in such amount or amounts as it may determine, and may
refund and refinance the same from time to time whenever the public
interest so requires.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-22002) (from Ch. 34, par. 5-22002)
Sec. 5-22002.
Rules and regulations; admissions.
The county board, as the case may be,
may make such reasonable rules and regulations regarding the management and
control of any home for the aged as may be required to accomplish the
purposes of the Division subject to and not in conflict with
the provisions of the Nursing Home Care Act, as heretofore or hereafter amended.
Any such home shall be available for the use of any aged person who is
able, through private means or public subsidy or combination thereof, to
pay the prescribed rental and to meet any rules or regulations necessary
for the operation of such home.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-22003) (from Ch. 34, par. 5-22003)
Sec. 5-22003.
Bonds.
All bonds issued under this Division
shall bear interest of not more than the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, and may be sold by the issuing authority in such manner
as may be in the public interest; provided, that such bonds shall be sold
at such price that the interest cost of the proceeds therefrom will not
exceed the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, based
on the average maturity of such bonds, and
computed according to standard tables of bond values. Such bonds shall be
payable solely and only from the revenues to be derived from the operation
of the home for the financing of which they are issued; and such fact shall
be plainly stated on the face of each bond. Such bonds shall be deemed
negotiable instruments. They shall bear such date or dates and may mature
at such time or times, not exceeding 40 years from their date or dates, and
may be in such form, carry such registration privilege, may be payable at
such place or places, may be subject to such terms of redemption, prior to
maturity with or without premium, as so stated on the face of each bond,
may contain such terms and covenants, as may be determined by the issuing
authority. Such bonds shall be executed by the chairman of the county board
and the county treasurer. Any bonds bearing the signatures of officers in
office at the date of signing thereof shall be valid and binding for all
purposes, notwithstanding that before delivery thereof any or all such
persons whose signatures appear thereon shall cease to be such officers.
Signatures on bonds may be facsimile. Every home shall be financed by a
separate bond issue.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
in relation to homes for the aged", approved July 21, 1959, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to homes
for the aged", approved July 21, 1959, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-22004) (from Ch. 34, par. 5-22004)
Sec. 5-22004.
Rentals.
Whenever bonds are issued under this
Division, the county board shall establish rentals for the use of any home
sufficient at all times to pay maintenance and operation costs, and the
principal of and interest upon such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-22005) (from Ch. 34, par. 5-22005)
Sec. 5-22005.
Deposit of revenues.
Whenever revenue bonds are issued
under this Division, the revenues derived from the operation of the home
shall be set aside as collected and shall be deposited in a separate fund
in the county treasury and be used in paying the cost of maintenance and
operation of such home, and paying the principal of and interest upon the
bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-22006) (from Ch. 34, par. 5-22006)
Sec. 5-22006.
Redemption of bonds with federal funds.
Bonds
issued under this Division may be redeemed in whole or in part with
any funds provided for such purpose by the government of the United States.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-23 heading) Division 5-23.
Tuberculosis Sanitariums
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(55 ILCS 5/5-23001) (from Ch. 34, par. 5-23001)
Sec. 5-23001.
Establishment of tuberculosis sanitarium.
The
county board of each county of this State shall have the
power in the manner hereinafter provided, to establish and maintain a
county tuberculosis sanitarium, and branches, dispensaries, and other
auxiliary institutions connected with the same, within the limits of
such county, for the use and benefit of the inhabitants thereof, for the
treatment and care of persons afflicted with tuberculosis, and shall
have the power to levy a tax, subject to such further limitation as may
be occasioned by the issuance of bonds as hereinafter provided, not to
exceed .075 per cent of the value, as equalized or assessed by the
Department of Revenue, annually on all taxable property
of such county, such tax to be levied and collected in like manner with
the general taxes of such county, and to form, when collected, a fund to
be known as the "Tuberculosis Sanitarium Fund", which tax shall be in
addition to all other taxes which such county is now, or hereafter may
be, authorized to levy on the aggregate valuation of all property within
such county, and the county clerk, in reducing tax levies under the
provisions of Section 18-165 of the Property Tax Code, shall not consider the
tax for such tuberculosis sanitarium fund, authorized by this Division, as a
part of the general tax levy for county purposes, and shall not include the
same in the limitation of one percent of the assessed valuation upon which
taxes are required to be extended. In order to secure greater working
efficiency any county maintaining a tuberculosis sanitarium may convey the
property acquired for such purpose, or any part thereof, or any interest
therein, to any other county or counties adjacent thereto upon such terms and
conditions as the respective county boards thereof shall agree on by a majority
vote of all the members of each of the county boards. The foregoing limitations
upon tax rates, insofar as they are applicable to counties of less than
1,000,000 population, may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois.
No money received from taxes authorized to be levied under this Division
shall be used for care and treatment of the convalescent or chronically ill.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/5-23002) (from Ch. 34, par. 5-23002)
Sec. 5-23002.
Abolishment of board of directors.
The county board
of each county which has appointed a board pursuant to this Division may,
by resolution abolish such board provided such resolution also provides that:
(a) in counties which have established a county or multiple-county health
department in accordance with Division 5-25 or its predecessor and
have an existing Board of Health:
(1) The membership of the Board of Health in single | ||
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(2) The employees, records, assets and liabilities of | ||
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(3) an additional tax be imposed by the county board | ||
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(b) in counties which have not established a county or multiple-county
health department in accordance with Division 5-25 or its predecessor
and do not have an
existing Board of Health:
(1) a county or multiple-county health department be | ||
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(2) the employees, records, assets and liabilities of | ||
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(3) A tax be imposed by the county board up to the | ||
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(Source: P.A. 86-962; 86-1475.)
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(55 ILCS 5/5-23003) (from Ch. 34, par. 5-23003)
Sec. 5-23003.
Use of vacant facilities.
When part of the facilities
of a sanitarium established and maintained under this Division are vacant
and not needed for the care and treatment of persons afflicted with
tuberculosis, the board of directors, after first obtaining approval of the
County Board, may, for a consideration to be determined by the county
board: (a) extend the privileges and use of the sanitarium for the care and
treatment of persons who are afflicted with chronic pulmonary diseases
other than tuberculosis and persons who are convalescent or chronically
ill, or (b) rent the same to any branch, department or agency of the State
or Federal government, or to any municipal corporation, quasi municipal
corporation, political subdivision or body politic, or agency thereof or
any not-for-profit corporation or any non-profit organization or
association, provided such lessee or lessees be engaged in public health or
welfare work or services in such county; provided such vacant facilities
shall be separate so that tuberculosis patients shall be isolated from the
convalescent and chronically ill and such rented facilities. Such vacant
part may be used partly for any one or more of the uses set forth in (a)
and (b). Any services provided by such sanitarium or board may be made
available with such rented facilities. Non-profit organization or
association means any organization or association, no part of the net
earnings of which inures or may lawfully inure to the benefit of any
individual. The charge for providing care and treatment of those afflicted
with chronic pulmonary disease other than tuberculosis and the convalescent
or chronically ill shall not be less than the actual cost of providing such
care and treatment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23004) (from Ch. 34, par. 5-23004)
Sec. 5-23004.
Closure of unnecessary in-patient facility.
If
the board of directors finds that it is no longer necessary to provide an
in-patient facility to serve the residents suffering from tuberculosis, it
may recommend to the county board that the tuberculosis sanitarium
established and maintained in the county under this Division be closed.
When such a recommendation is received, the county board shall determine
what use should be made of the sanitarium facilities. If the Tuberculosis
Sanitarium Fund was used to acquire the tuberculosis sanitarium property or
to construct an addition thereto, or otherwise improve such property, the
county board may, subject to Section 5-23005, use the facilities for other
county 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 county, 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 county board uses such facilities for other
county purposes, then the use shall be for a consideration acceptable to
the board of directors and the county board.
Proceeds from the use, leasing or sale of sanitarium facilities under
this Section shall be paid into the Tuberculosis Sanitarium Fund of the
county for use as provided in this Division.
If the sanitarium is under the control and management of a joint board
of directors, as provided for in Section 5-23006, the approval of each county
board of the counties involved as to the manner of disposition of the
sanitarium facilities is required and the proceeds from that disposition
shall be allocated among those counties in proportion to their share in the
costs of construction and maintenance of the facilities.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23005) (from Ch. 34, par. 5-23005)
Sec. 5-23005.
Out-patient and follow-up services upon closing of
facility. A board of directors, upon whose
recommendation the county board has closed its sanitarium as provided in
Section 5-23004, shall continue in existence and provide
out-patient clinical and follow-up services to the residents of its county
in other private or public sanitariums of this State. Any of its 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 rather than as provided in Section 5-23004. The
proceeds paid into the Tuberculosis Sanitarium Fund under that Section
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 the acquisition of equipment
therefor. Any balance of the proceeds from the disposition of sanitarium
facilities under Section 5-23004 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: P.A. 86-962.)
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(55 ILCS 5/5-23006) (from Ch. 34, par. 5-23006)
Sec. 5-23006.
Referendum; joint facilities.
When 100 legal voters of any county
shall present a petition, to the County Board of such county asking that an
annual tax may be levied for the establishment and maintenance of a county
tuberculosis sanitarium in such county, such County Board shall certify the
proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. At
such election every elector may vote for or
against the levy of a tax for the establishment and maintenance of a
county tuberculosis sanitarium. The
proposition shall be in substantially the following form:
Shall an annual tax of not toexceed .075 % of the value as YESequalized or assessed by theDepartment of Revenue for the establishment and maintenance ofa county tuberculosis sanitarium NObe levied?
If a majority of all the votes cast upon the proposition shall be for
the levy of a tax for a county tuberculosis sanitarium the County Board
of such county shall thereafter annually levy a tax of not to exceed
.075 per cent of the value, as equalized or assessed by the Department
of Revenue, which tax shall be collected in like manner
with other general taxes in such county and shall be known as the
"Tuberculosis Sanitarium Fund", and thereafter the County Board of such
county shall in the annual appropriation bill, appropriate from such
fund such sum or sums of money as may be deemed necessary to defray all
necessary expenses and liabilities of such county tuberculosis
sanitarium.
If a county has adopted a proposition for the levy of a tax of not to
exceed one mill on the dollar for a county tuberculosis sanitarium such
tax shall after January 1, 1946 be extended at a rate not to exceed .05
per cent of the value, as equalized or assessed by the Department of
Revenue, but may be increased to not to exceed .075 per
cent of the value, as equalized or assessed by the Department of Revenue,
by ordering the submission of the proposition to increase such tax
to the voters of such county at any regular
election in accordance with the general election law; provided that
if a county has adopted, prior to January 1, 1946, a proposition for
the levy of a tax of not to exceed 1 1/2 mills on the dollar for a
county tuberculosis sanitarium, such tax shall after January 1, 1946 be
extended at a rate not to exceed .075 per cent of the value, as
equalized or assessed by the Department of Revenue.
The foregoing limitations upon tax rates, insofar as they are
applicable to counties of less than 1,000,000 population, may be
increased or decreased under the referendum provisions of the General
Revenue Law of Illinois.
The County boards of any 2 or more adjoining counties each having a
population of less than 1,000,000 inhabitants may hereafter by agreement
provide for the joint construction, maintenance and control of a
tuberculosis sanitarium. Such agreement shall specify the site of the
proposed sanitarium and the proportionate share of the cost of
construction and the cost of maintenance which shall be borne by each of
such counties. The proposition for such joint construction, maintenance
and control shall be submitted to the voters of each such county at the
next succeeding regular election in such county and shall state the
proposed site of such sanitarium and the proportionate share of the cost of
construction and maintenance to be borne by the respective counties
concerned. Each county board shall certify the proposition to the proper
election officials who shall submit the proposition at said election in
accordance with the general election law. If such proposition is approved
by a majority of the voters in each of such counties voting upon the
proposition, the presiding officer of the county board of each county, with
the advice and consent of that county board, shall appoint 3 directors. The
qualifications, terms of office and removal of the directors appointed in
each such county shall be as provided in Sections 5-23007 and 5-23008 and
vacancies shall be filled in the manner provided in Section 5-23009. The directors so appointed by the several
counties shall constitute a joint board of directors for the control and
management of the tuberculosis sanitarium. The joint board of directors
shall exercise the powers and be subject to the duties prescribed in this
Division for boards of directors of tuberculosis sanitaria. The county
board of each of the counties shall annually levy the tax herein provided,
and may issue bonds as provided in this paragraph, for the purpose of
defraying its proportionate share of the cost of construction and
maintenance of the tuberculosis sanitarium.
If any county shall issue bonds as hereinafter provided, then so long
as taxes are required to be levied and extended to pay the principal of
and interest on such bonds, the rate extended in any year for the
benefit of the tuberculosis sanitarium fund shall be limited to the
amount by which .075 per cent of the value, as equalized or assessed by
the Department of Revenue, exceeds the rate extended in
such year to pay such principal of and interest on such bonds.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-23007) (from Ch. 34, par. 5-23007)
Sec. 5-23007.
Appointment of board of directors.
When in any county
such a proposition, for the levy of a tax for a county tuberculosis
sanitarium has been adopted as aforesaid, the chairman or president, as the
case may be, of the county board of such county, shall, with the approval
of the county board, proceed to appoint a board of 3 directors, one at
least of whom shall be a licensed physician, and all of whom shall be
chosen with reference to their special fitness for such office. Two
additional directors chosen with reference to their special fitness for
such office may at the same time be appointed by the county chairman, with
the approval of the county board. Whenever a county tuberculosis sanitarium
has been established prior to August 2, 1965, 2 additional directors may be
appointed by the county chairman, with the approval of the county board,
within 60 days from such date.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23008) (from Ch. 34, par. 5-23008)
Sec. 5-23008.
Term of office; removal.
Where the board of directors
is to be composed of 3 directors, one of the directors shall hold office
for one year, another for 2 years and another for 3 years from the first
day of July following their appointment, but each until his successor is
appointed, and at their first regular meeting they shall cast lots for the
respective terms. Where the board of directors is to be composed of 5
directors, one of the directors shall hold office for one year, 2 for 2
years, and 2 for 3 years, from the first day of July following their
appointment, but each until his successor is appointed, and at their first
regular meeting they shall cast lots for the respective terms. Whenever
additional directors to existing boards are appointed under the provisions
of Section 5-23007, one of the additional directors shall hold office for 2
years and the other for 3 years from the first day of July following his
appointment, but each until his successor is appointed, and the additional
directors shall draw lots for their respective terms. Annually thereafter
the presiding officer of the county board, with the advice and consent of
the county board, shall, before the first day of July of each year, appoint
as before one director, to take the place of the retiring director, who
shall hold office for 3 years and until his successor is appointed. The
chairman or president, as the case may be, of the county board may, by and
with the consent of the county board, remove any director for misconduct or
neglect of duty.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23009) (from Ch. 34, par. 5-23009)
Sec. 5-23009.
Vacancies; compensation.
Vacancies in the board of
directors, occasioned by removal, resignation, or otherwise, shall be
reported to the county board, and be filled in like manner as original
appointments; and no director shall receive compensation as such, or be
interested, either directly or indirectly, in the purchase or sale of any
supplies for said sanitarium.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23010) (from Ch. 34, par. 5-23010)
Sec. 5-23010.
Organization of board; powers.
Said
directors shall, immediately after appointment, meet and
organize, by the election of one of their number as president and one as
secretary, and by the election of such other officers as they may deem
necessary. They shall make and adopt such by-laws, rules, and regulations,
for their own guidance and for the government of the sanitarium and the
branches, dispensaries, and auxiliary institutions and activities connected
therewith, as may be expedient, not inconsistent with this Division. They shall
have the exclusive control of the expenditure of all moneys collected to
the credit of the tuberculosis sanitarium fund, and of the construction of
any sanitarium building, or other buildings necessary for its branches,
dispensaries, or other auxiliary institutions or activities in connection
with said institution, and of the supervision, care and custody of the
grounds, rooms or buildings constructed, leased, or set apart for that
purpose: Provided, that all moneys received for such sanitarium with the
exception of moneys the title to which rests in the board of directors in
accordance with Section 5-23017, shall be deposited in the
treasury of said county to the credit of the tuberculosis sanitarium fund,
and shall not be used for any other purpose, and shall be drawn upon by the
proper officers of said county upon the properly authenticated vouchers of
said board of directors. Said board of directors shall have the power to
purchase or lease ground within the limits of such county, and to occupy,
lease or erect an appropriate building or buildings for the use of said
sanitarium, branches, dispensaries and other auxiliary institutions and
activities connected therewith, by and with the approval of the county
board: Provided, however, that no such building shall be constructed until
detailed plans therefor shall have been submitted to the secretary of the
State Board of Health, and shall have been approved by him: And, provided,
further, that no building in which tuberculosis patients are to be housed
shall be built on the grounds of a county poor farm, but shall have
separate and distinct grounds of its own. Said board of directors shall
have the power to appoint suitable superintendents or matrons, or both, and
all necessary assistants, and to fix their compensation, and shall also
have the power to remove such appointees, and shall in general carry out
the spirit and intent of this Division in establishing and
maintaining a county
tuberculosis sanitarium: Provided: that no sanitarium or branch, or
dispensary, or auxiliary institution, or activity, under this Division,
for tuberculosis patients shall be under the same management as a
county poor farm, or infirmary, but shall, on the contrary, be under a
management separate and distinct in every particular. One or more of said
directors shall visit and examine said sanitarium, and all branches,
dispensaries, auxiliary institutions, and activities at least twice in each
month, and shall make monthly reports of the condition thereof to the
county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23011) (from Ch. 34, par. 5-23011)
Sec. 5-23011.
Additional powers; severability.
Said board of directors shall also have power to adapt 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, said
sanitarium or the managing officer thereof for care and treatment by or
under any lawful authority or process; and said 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. Said
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 county afflicted with tuberculosis in need of care and
treatment in said sanitarium. Any commitment, placing or direction to be
received, above set forth, shall be in accordance with due process of law.
The invalidity of any part of this Section shall not affect or impair
the validity of the remainder of the section or of the remainder of this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23012) (from Ch. 34, par. 5-23012)
Sec. 5-23012.
Liability insurance.
The board of
directors may insure against any loss or liability
of the county, or of the tuberculosis sanitarium, or the branches,
dispensaries or auxiliary institutions of such sanitarium, or of any
employee, agent or officer of such sanitarium, resulting from the wrongful
or negligent act of such employee, agent or officer in
the discharge of his duties within the scope of his employment.
Such insurance shall be carried in a company licensed to write such
coverage in this State. Every policy of such insurance shall provide, or be
endorsed to provide, that the company issuing such policy waives any right
to refuse payment or to deny liability thereunder by reason of the
non-liability of the insured county, tuberculosis sanitarium or the
branches, dispensaries or other auxiliary institutions of such sanitarium
for the wrongful or negligent acts of its employees, agents and officers.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23013) (from Ch. 34, par. 5-23013)
Sec. 5-23013.
Services; regulations.
Every sanitarium board established
under this Division shall provide sanitarium care and clinical and follow-up
services for the benefit of such of the inhabitants of the county who may be
afflicted with tuberculosis. Those inhabitants 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 requiring payment for services by persons with
private health insurance and persons entitled to medical assistance under the
Illinois Public Aid Code. The board of directors may adopt reasonable rules
and regulations concerning the use of the facilities established pursuant to
this Division in order to render the use of these facilities of the greatest
benefit to the greatest number, and the board of directors may exclude from the
use of the sanitarium any and all persons who willfully violate the board's
rules or regulations. The board may not, however, prescribe rules and
regulations which conflict with Section 5-23014 of this Division, and a
determination of whether a person is an inhabitant or resident of the county
for purposes of this Division shall be based on Section 5-23014. Except as
authorized and permitted by Section 5-23011 no person afflicted with
tuberculosis may be compelled to enter a sanitarium, or any of its branches,
dispensaries, or other auxiliary institutions without his consent in writing
first having been obtained, or, in case of a minor or one under a disability,
the consent in writing of the parent or the parents, guardian or conservator,
as the case may be. The board of directors shall upon request or by consent of
the persons afflicted, or of his or her parent or guardian extend the benefits
and privileges of the institution, under proper rules and regulations, into the
homes of 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 person or persons
afflicted with tuberculosis and to eradicate tuberculosis in the county
including the discovery of undiagnosed tuberculosis in the county. 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 of directors may extend the privileges and
use of the sanitarium and treatment to persons so afflicted, residing outside
of the county, upon such terms and conditions as the board of directors may
from time to time by its rules and regulations prescribe consistent with
Section 5-23014.
Boards of directors may use funds secured from taxes levied under
Sections 1 and 2 in providing sanitarium care of tuberculosis patients in
private or public sanitariums. No county that has voted for the
establishment and maintenance of a county tuberculosis sanitarium is
prevented from using funds acquired by levy of annual tax for such purpose
for the care of tuberculosis patients in private or public sanitariums by
reason of Sections 5-23029 and 5-23030 or Sections 5-23039 and 5-23040
authorizing levy of an annual tax for the care and treatment of persons
afflicted with tuberculosis; but if a vote under Sections 5-23029 and
5-23030 or Sections 5-23039 and 5-23040 authorizes the levy of an annual
tax for the care and treatment of persons afflicted with tuberculosis, then
the levy of an annual tax for the establishment and maintenance of a county
tuberculosis sanitarium under Sections 5-23001 and 5-23006 shall be
discontinued without submission of the question of discontinuing the levy
of a tax under Sections 5-23001 and 5-23006 to a vote of the electors.
(Source: P.A. 88-434.)
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(55 ILCS 5/5-23014) (from Ch. 34, par. 5-23014)
Sec. 5-23014.
Residence requirements.
For the
purposes of this Division, a person is a resident of and entitled to
receive the benefits provided for in Section 5-23013 from the county:
(a) in which he has resided for at least 3 months or | ||
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(b) in which he has resided for at least 6 months | ||
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(c) in which he has resided for at least 6 months | ||
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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 county regardless
of the length of time of that residence.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-23015) (from Ch. 34, par. 5-23015)
Sec. 5-23015.
Person afflicted with tuberculosis defined.
"Person
afflicted with tuberculosis", for the purposes of this Division, 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: P.A. 86-962.)
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(55 ILCS 5/5-23016) (from Ch. 34, par. 5-23016)
Sec. 5-23016.
Donations of money or property.
Said board of
directors, in the name of the county, may receive
from any person any contribution or donation of money or property, and
shall pay over to the treasurer of such county all moneys thus received, as
often as once in each month, and shall take the receipt of such treasurer
therefor; and shall also at each regular meeting of the county board,
report to such county board the names of all persons from whom any such
contribution or donation has been received, since the date of the last
report, and the amount and nature of the property so received from each,
and the date when the same was received. The board of directors shall
make, on or before the second Monday in June of each year, an annual report
to the county board, stating the condition of their trust on the first day
of June of that year, the various sums of money received from the
tuberculosis sanitarium fund and from other sources, and how such moneys
have been expended and for what purpose, the number of patients, and such
other statistics, information and suggestions as they may deem of general
interest.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23017) (from Ch. 34, par. 5-23017)
Sec. 5-23017.
Trustee of donations.
Any person desiring to
make any donation or legacy of any money, personal property, or real
estate, for the benefit of such sanitarium, shall have the right to vest
the title to the money, personal property or real estate so donated, in the
board of directors created under this Division, to be held and controlled
by such board of directors, when accepted, according to the terms of the
deed, gift or legacy of such property, and as to such property, the said
board of directors shall be held and considered to be special
trustees.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23018) (from Ch. 34, par. 5-23018)
Sec. 5-23018.
Physicians, nurses and others subject to rules of the
board. When any such sanitarium is established, the physicians, nurses,
attendants, the persons sick therein, and all persons approaching or coming
within the limits of the same or grounds thereof, and all furniture and
other articles used or brought there, shall be subject to such rules and
regulations as said board of directors may prescribe; and such rules and
regulations shall extend to all branches, dispensaries, and other auxiliary
institutions located within such county, and to all employees in the same, and
to all employees sent, as herein provided for, to the homes of the afflicted.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23019) (from Ch. 34, par. 5-23019)
Sec. 5-23019.
Equal privileges for all reputable physicians.
All reputable physicians shall have equal privileges in treating patients
in any county tuberculosis sanitarium.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23020) (from Ch. 34, par. 5-23020)
Sec. 5-23020.
Discontinuance of tax.
In accordance with the general
election law, any county which has adopted the provisions of this Division
may discontinue it by a referendum initiated by a petition signed
by not less than 5% of the registered voters in each of at least 2/3 of the
townships or road districts within the county. The proposition shall be in
substantially the following form:
Shall the tax for the county YEStuberculosis sanitarium be discontinued? NO
If a majority of the votes cast upon the proposition are for the
discontinuance, the board of directors shall proceed at once to close up
the affairs of the county tuberculosis sanitarium. After the payment of
all obligations the money in the tuberculosis sanitarium fund shall
become a part of the general funds in the county treasury and the county
board shall take over all property and equipment in the custody and
under the control of the board of directors. The county board may sell
such property or make such other disposition as is for the best
interests of the county.
The terms of the board of directors shall terminate when their duties
in connection with closing up the affairs of the tuberculosis sanitarium
have ended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23021) (from Ch. 34, par. 5-23021)
Sec. 5-23021.
Issuance of bonds.
Any county
having a population of less than 500,000 inhabitants which has voted or
hereafter votes to authorize a tax for tuberculosis sanitarium purposes at
a rate in addition to the maximum rate now or hereafter authorized to be
levied and extended for general county purposes is authorized to issue
bonds as in this Division provided in an amount not to exceed
one-half of one per cent on the dollar valuation of all taxable property of
such county for the purpose of constructing or improving a county
tuberculosis sanitarium within the county: Provided such bonds may not be
issued to an amount, including existing indebtedness, in excess of the
constitutional limit of indebtedness.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23022) (from Ch. 34, par. 5-23022)
Sec. 5-23022.
Adoption of plans.
Before any such county shall
be authorized to issue bonds as in this Division provided:
(a) The Board of Directors of said tuberculosis sanitarium shall adopt
plans and specifications describing the sanitarium to be constructed or
improved, the type of construction of or improvement to be made on such
sanitarium and shall make an estimate of the cost of such construction or
improvement, and shall procure approval of such plans and specifications
and estimate of cost by the State Department of Public Health; and
(b) The Board of Directors of said tuberculosis sanitarium shall
transmit such plans and specifications and estimate of cost, together with
the approval thereof by the State Department of Public Health, to the
County Board with a request that the County Board adopt a resolution
providing for the construction or improvement of such tuberculosis
sanitarium and for the issuance of bonds to pay all or a part of the cost
thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23023) (from Ch. 34, par. 5-23023)
Sec. 5-23023.
Bond maturity limitation referendum.
Before any
such county shall be authorized to issue bonds, as in this Division
provided, having a maturity later than January first of the second calendar
year following the period of years for which such additional tax for
tuberculosis sanitarium purposes was voted (which January first of such
year is hereafter referred to as the "maturity limitation heretofore
mentioned"):
(a) The County Board shall adopt a resolution of | ||
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(b) If, within 30 days after publication or posting | ||
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If no petition for referendum with the requisite number of signatures
is filed within the time herein provided, it shall not be necessary for
the County Board to cause submission to the legal voters of such county the
question of issuing such bonds.
(Source: P.A. 86-962; 87-767.)
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(55 ILCS 5/5-23024) (from Ch. 34, par. 5-23024)
Sec. 5-23024.
When referendum unnecessary.
It shall not be necessary
for the County Board to submit to the legal voters of such county the
question of issuing such bonds where the final maturity thereof is not
beyond the maturity limitation heretofore mentioned in Section 5-23023, and
said County Board shall be authorized to issue such bonds without complying
with the provisions of Section 5-23023 by adopting a resolution as provided
by Section 5-23026.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23025) (from Ch. 34, par. 5-23025)
Sec. 5-23025.
Form of proposition.
If, in the case of bonds the
final maturity date of which is beyond the maturity limitation heretofore
mentioned in Section 5-23023, a petition for referendum with the requisite
number of signatures is filed within the time as herein provided, then the
County Board shall certify the proposition to the proper election
officials, who shall submit the proposition at an election in accordance
with the general election law.
The proposition shall be in
substantially the following form:
Shall.... county, Illinois,issue bonds in the amount of$.... for the purpose of YESconstructing or improving atuberculosis sanitarium ofthe county heretofore designed and approved by the board ofdirectors of the tuberculosissanitarium, as authorized by NODivision 5-23 of theCounties Code?
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23026) (from Ch. 34, par. 5-23026)
Sec. 5-23026.
Details of bonds.
Before issuing any bonds as provided
in this Division, the County Board shall adopt a resolution specifying the
amount of bonds to be issued, the date, denominations, rate of interest and
maturities, and fix all the details with respect to the issue and execution
thereof, and shall levy a tax sufficient to pay both the principal of and
interest upon such bonds as they mature. Such bonds issued in compliance
with the provisions of Section 5-23023 hereof, shall mature at such time or
times as the County Board shall fix, but not to exceed twenty years from
date thereof. Any such bonds, the final maturity of which is within such
maturity limitation heretofore mentioned in said Section 5-23023, shall
mature at such times as the County Board shall fix within said maturity
limitation heretofore mentioned. All of such bonds shall bear interest at
not more than six per cent per annum, payable semi-annually, and shall be
payable at such place as the County Board shall fix.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23027) (from Ch. 34, par. 5-23027)
Sec. 5-23027.
Signatures on bonds.
In case any officer whose
signature appears on the bonds shall cease to be such officer before
delivery of such bonds, such signature shall nevertheless be valid or
sufficient for all purposes the same as if such officer had remained in
office until such delivery was effected.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23028) (from Ch. 34, par. 5-23028)
Sec. 5-23028.
Annual tax to pay bonds.
After the
resolution providing for the issuance of the bonds has
been adopted, it shall be the duty of the County Clerk annually to extend
taxes against all the taxable property situated in said County sufficient
to pay the principal of and interest on such bonds as they mature. The rate
at which such taxes shall be extended shall be in addition to the maximum
rate now or hereafter authorized to be levied and extended for General
County Purposes, and shall be in addition to the rates extended for any and
all taxes now or hereafter authorized or permitted to be levied or extended
for county purposes in excess of the maximum rate for general county
purposes now or hereafter permitted by law; such tax shall not be subject
to any limitation as to amount or rate except the constitutional limitation
of 75¢ per $100.00 valuation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23029) (from Ch. 34, par. 5-23029)
Sec. 5-23029.
Tax for care and treatment of afflicted persons.
The County Board of each County in this State shall have the power to
provide for the care and treatment of the inhabitants thereof who may be
afflicted with tuberculosis and to levy a tax not to exceed .075 per
cent of the value as equalized or assessed by the Department of Revenue
annually on all taxable property of such county, such
tax to be levied and collected in like manner with general taxes of such
county and to form, when collected, a fund to be known as the
"Tuberculosis Care and Treatment Fund", which tax shall be in addition
to, in excess of and excluded from all other taxes which such county is
now or hereafter may be, authorized to levy, on the aggregate valuation of all
property within such county, and the county clerk in reducing tax levies under
the provisions of Section 18-165 of the Property Tax Code shall not
consider the tax for the tuberculosis care and treatment fund, authorized by
this Division, as part of the general tax levy for county purposes, and shall
not include the same in the limitation of one per cent of the assessed
valuation upon which taxes are required to be extended.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/5-23030) (from Ch. 34, par. 5-23030)
Sec. 5-23030.
Petition for tax levy; submission to vote.
Whenever
100 legal voters of any county shall present a petition to the County Board
of such county asking that an annual tax may be levied for the care and
treatment of persons afflicted with tuberculosis, such County Board shall
certify the proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall an annual tax of notto exceed .075 per cent of YESvalue as equalized or assessedby the Department of Revenue for the care and treatmentof persons afflicted with NOtuberculosis be levied?
If a majority of all votes cast upon the proposition shall be for the
levy of a tax for the care and treatment of persons afflicted with
tuberculosis the County Board of such County shall thereafter levy a tax
of not to exceed .075 per cent of the value as equalized or assessed by
the Department of Revenue, which tax shall be collected
in like manner with the other general taxes in the County and shall be
known as "Tuberculosis Care and Treatment Fund", and thereafter the
County Board of such County shall in the annual appropriation bill,
appropriate from such fund such sum or sums of money as may be deemed
necessary to defray the necessary cost and expense of providing care and
treatment of persons afflicted with tuberculosis.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23031) (from Ch. 34, par. 5-23031)
Sec. 5-23031.
Appointment of board of directors.
When in any county
such a proposition, for the levy of a tax for the care and treatment of
persons afflicted with tuberculosis has been adopted as aforesaid a board
of directors shall be appointed, and the provisions of Section 5-23007
shall govern the appointment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23032) (from Ch. 34, par. 5-23032)
Sec. 5-23032.
Term of office and removal.
The terms of office
and removal of the directors, appointed under Section 5-23031, shall be
governed by the provisions of Section 5-23008.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23033) (from Ch. 34, par. 5-23033)
Sec. 5-23033.
Vacancies; compensation of directors.
Vacancies
in the Board of Directors appointed under Section 5-23031, and their
compensation shall be governed by Section 5-23009.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23034) (from Ch. 34, par. 5-23034)
Sec. 5-23034.
Organization of board; rules and regulations.
In counties where a proposition for the levy of tax for the care
and treatment of persons afflicted with tuberculosis has been adopted as
aforesaid, said directors shall, immediately after appointment, meet and
organize by the election of one of their number as president and one as
secretary, and by the election of such other officers as they may deem
necessary, they shall make and adopt such by-laws, rules and regulations,
for their own guidance and for the care and treatment of persons afflicted
with tuberculosis as may be expedient and helpful and not inconsistent with
this Division. They shall have the exclusive control of the
expenditure of all moneys collected and appropriated to the credit of the
tuberculosis care and treatment fund, provided that all moneys received for
the care and treatment of persons afflicted with tuberculosis shall be
deposited in the treasury of said county to the credit of the tuberculosis
care and treatment fund and shall not be used for any other purpose and
shall be drawn upon by the proper officers of said county upon the properly
authenticated vouchers of said board of directors.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23035) (from Ch. 34, par. 5-23035)
Sec. 5-23035.
Prompt payment.
Purchases made pursuant to this
Division shall be made in compliance with the "Local Government
Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23036) (from Ch. 34, par. 5-23036)
Sec. 5-23036.
Use of tax funds.
In counties
where a proposition for the levy of a tax for the care and treatment of
persons afflicted with tuberculosis has been adopted as
provided in this Division, the board of directors shall use
funds secured under this Division in providing sanitarium care
in private or public sanitariums and clinical and follow-up services for
inhabitants of the county who may be afflicted with tuberculosis. The board
of directors shall, upon the request or by the consent of the person afflicted
or of his or her parent or guardian, under proper rules and regulations, care
for and treat tuberculosis in the homes of 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 afflicted with tuberculosis, which
will have a tendency to effect a cure of the person or persons afflicted
therewith and to eradicate tuberculosis in the county including the
discovery of undiagnosed tuberculosis in the county. 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.
(Source: P.A. 86-962; 86-1475.)
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(55 ILCS 5/5-23037) (from Ch. 34, par. 5-23037)
Sec. 5-23037.
Discontinuance of treatment; referendum.
Any
county which has adopted the provisions of this Division under Sections
5-23028 and 5-23029 or Sections 5-23039 and 5-23040
for the care and treatment of persons afflicted with tuberculosis may
discontinue it by a referendum initiated by a petition signed by not less
than 5% of the registered voters in each of at least 2/3 of the townships
or road districts within the county and presented to the county board. The
board shall certify the proposition to the proper election officials, who
shall submit the proposition at an election in accordance with the general
election law. The proposition shall be in substantially the following
form:
Shall the tax for care and YEStreatment of persons afflicted with tuberculosis be discontinued? NO
If a majority of the votes cast upon the proposition are for the
discontinuance, the board of directors shall proceed at once to close up
the affairs of the board. After the payment of all obligations the
moneys in the tuberculosis care and treatment fund shall become a part
of the general funds in the county treasury and the county board shall
take over all property and equipment in the custody and under the
control of the board of directors. The county board may sell such
property or make such other disposition as is for the best interests of
the county.
The terms of the board of directors shall terminate when their duties
in connection with closing up the affairs of the Board have ended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23038) (from Ch. 34, par. 5-23038)
Sec. 5-23038.
Subsequent vote to levy tax.
A
vote under Sections 5-23029 and 5-23030 or Sections 5-23039 and 5-23040 in
favor of levying of the tax for the purpose stated, shall
not prevent a subsequent vote to levy the tax under Sections 5-23001 and
5-23006 for the purpose stated in said Sections
5-23001 and 5-23006, but if such vote is in favor of
levying the tax under Sections 5-23001 and 5-23006 for the
purpose stated therein, the tax, previously authorized under Sections
5-23029 and 5-23030 or Sections 5-23039 and 5-23040, as the case
may be, shall be discontinued without submission
of the question of discontinuing said tax to a vote of the electors.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23039) (from Ch. 34, par. 5-23039)
Sec. 5-23039.
Tuberculosis Care and Treatment Fund.
The county board of each county in this State shall have the power,
in the manner provided hereinafter in Section 5-23040, to provide for
the care and treatment of the inhabitants thereof who
may be afflicted with tuberculosis and to levy in excess of the statutory
limit, an additional annual tax of not to exceed .075 per cent of the value
as equalized or assessed by the Department of Revenue of all taxable
property of the county, such tax to be levied and collected in like manner
with general taxes of such county and to form, when collected, a fund to be
known as the "Tuberculosis Care and Treatment Fund".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23040) (from Ch. 34, par. 5-23040)
Sec. 5-23040.
Additional taxes.
Whenever 100
legal voters of any county shall present a petition to
the county board of such county asking that there be levied, in excess
of the statutory limit, an additional annual tax of not to exceed .075
per cent of the value as equalized or assessed by the Department of
Revenue, of all taxable property of the county, for the
care and treatment of persons afflicted with tuberculosis, such county
board shall certify the proposition to the proper election officials, who
shall submit the proposition at an election
in accordance with the general election law. The proposition shall be in
substantially the following form:
Shall.... County levy, inexcess of the statutory limit, an YESadditional annual tax of not to exceed .075 per cent for the careand treatment of persons afflicted NOwith tuberculosis?
If a majority of all votes cast upon the proposition is in favor
thereof, the county board of such county shall thereafter levy annually,
in excess of the statutory limit, a tax of not to exceed .075 per cent
of the value as equalized or assessed by the Department of Revenue for the
care and treatment of persons afflicted with tuberculosis, which tax shall
be collected in like manner with the other general taxes in the county and
shall be known as the "Tuberculosis Care and Treatment Fund", and
thereafter the county board of such county shall in the annual
appropriation bill, appropriate from such fund such sum or sums of money as
may be deemed necessary to defray the necessary cost and expense of
providing care and treatment of persons afflicted with tuberculosis. Such
tax, when so voted, shall be an additional annual tax in excess of the
statutory limit without any further authority or vote of any kind.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23041) (from Ch. 34, par. 5-23041)
Sec. 5-23041.
Appointment of board of directors.
When in any
county a proposition for the levy of an additional annual tax in excess of
the statutory limit for the care and treatment of persons afflicted with
tuberculosis has been adopted as authorized by Sections 5-23039 and
5-23040, a board of directors shall be appointed and the provisions of
Section 5-23007 shall govern the appointment, Section
5-23008 shall govern the terms of office and removal
of such directors; and vacancies in the board of directors, occasioned by
removal, resignation or otherwise, shall be reported to the county board,
and be filled in like manner as original appointments; and no director
shall receive compensation as such, or be interested, either directly or
indirectly, financially, in any contract or purchase or sale of any
supplies in connection with the care and treatment of persons afflicted
with tuberculosis.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23042) (from Ch. 34, par. 5-23042)
Sec. 5-23042.
Powers and duties of board.
All provisions in Sections
5-23034 and 5-23036 shall be applicable to the boards of directors in
counties where a proposition for levy of an additional annual tax in excess
of the statutory limit for care and treatment of persons afflicted with
tuberculosis has been adopted and such boards shall have all the powers and
authority therein contained.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-23043) (from Ch. 34, par. 5-23043)
Sec. 5-23043.
Effect of vote to levy tax.
A vote
under Sections 5-23029 and 5-23030, in favor of the levying of the tax for
the purpose stated, shall not prevent a subsequent vote to levy an
additional tax in excess of the statutory limit under Sections 5-23039
and 5-23040 for the purpose stated in said
Sections, but if the vote shall be in favor of levy of such additional tax
in excess of the statutory limit, the tax under Sections 5-23029 and
5-23030 shall be discontinued without submission of
question of discontinuance to the electors.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-24 heading) Division 5-24.
Cancer and Tumor Relief
|
(55 ILCS 5/5-24001) (from Ch. 34, par. 5-24001)
Sec. 5-24001.
Funds for treatment of persons unable to pay.
Each county of this State shall provide funds, in the manner hereinafter
provided, for the treatment of persons in their respective counties
afflicted with cancer or tumor who are unable to pay for such treatment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24002) (from Ch. 34, par. 5-24002)
Sec. 5-24002.
Applications for benefits.
It shall be the duty of the
presiding officer of the county board of each county, with the advice and
consent of that county board, to appoint a duly licensed physician,
hereinafter called the examiner, who is familiar with cancer and tumor
cases, who shall maintain an office in some convenient place during the
entire year for the purpose of examining applicants for the benefits of the
provisions of this Division.
Such examiner shall examine all applicants desiring to receive the
benefits of the provisions of this Division, referred to him by
the county board and shall endorse on each such application a certificate
to each such applicant, stating whether or not in his opinion such
applicant is entitled to receive the benefits of the provisions of this
Division.
Such application may be filed with the county board by the person
afflicted with cancer or tumor, and whenever it shall come to the notice of
any public health nurse, any public health officer, or any physician of
such county, that any person entitled to the benefits of this Division
has not applied therefor, it shall be the duty of such nurse,
health officer or physician to file such an application with such board on
behalf of such afflicted person.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24003) (from Ch. 34, par. 5-24003)
Sec. 5-24003.
Petition; hearing.
Whenever an examiner certifies that
an applicant is entitled to the benefits of this Division, such
examiner shall file a petition on behalf of such applicant in the circuit
court, which petition shall set forth such facts as are necessary under
this Division to give the court jurisdiction of the
subject-matter thereof and a full statement of the financial condition of
the applicant. The court shall set a day for a hearing on such petition
which shall be not less than 3 nor more than 10 days after the date of the
filing thereof. The court may require such persons as it deems necessary to
appear and testify at any such hearing and may direct that process be
issued requiring the attendance at such hearing of any such persons.
If the applicant is too ill to be present in the court room at the time
of such hearing, the court may, in its discretion, hold all or part of such
hearing at the home of the applicant or at such other place wherein the
applicant may be confined.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24004) (from Ch. 34, par. 5-24004)
Sec. 5-24004.
Order for payment for treatment by county.
Upon
the hearing of such a petition and the court being fully
advised in the premises, and finding the facts therein alleged to be true,
and that the applicant is financially unable to pay for such treatment and
that no relative legally responsible therefor is financially able to pay
for such treatment, may make an order upon the county board to pay for any
such treatment for the applicant for any sum not in excess of $40 per
month as the court deems necessary and
reasonable considering the financial condition of the applicant, which sum
may be used to provide necessary treatment, and in addition thereto,
medicine, nursing care and food for such applicant, if such applicant is
shown to be financially unable to pay for such medicine, care or food. It
shall thereupon be the duty of the county board to see that such amount so
fixed by the court is expended for treatment, or treatment and medicine,
nursing care and food, as the case may be, for such applicant, until
further order of the court.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24005) (from Ch. 34, par. 5-24005)
Sec. 5-24005.
Residence requirements.
Such relief shall not be
granted by the court to any person who has not resided in the county where
application is made at least one year next preceding such application.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24006) (from Ch. 34, par. 5-24006)
Sec. 5-24006.
Application by person having custody.
Any guardian
or other person having the custody of any such afflicted person may file an
application on behalf of such person.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24007) (from Ch. 34, par. 5-24007)
Sec. 5-24007.
Fee for examination.
The examiner shall be paid the
sum of $5, by the county board, for each such examination of an applicant.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24008) (from Ch. 34, par. 5-24008)
Sec. 5-24008.
Court order.
The court upon ordering, in connection
with any petition, that the county board provide a designated sum for
treatment for any such person, may also provide that such applicant may be
treated in some hospital in the county or in a home.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24009) (from Ch. 34, par. 5-24009)
Sec. 5-24009.
Examination in State clinic or in hospital outside county;
nursing care. In connection with any such petition, when it is called to the
attention of the court that a proper and timely diagnosis of applicant's
case cannot be had locally, the court may make such order as may be
necessary and proper for sending the applicant to some hospital outside of
such county for examination and for the payment of the necessary expense
incident thereto. If the State is maintaining any clinic in such county, or
in any other county within a reasonable distance of such county, for the
purpose of treating cancer or tumor patients, the court shall send the
applicant to such clinic instead of to a hospital. Whenever it is, in the
opinion of the court, necessary for any such applicant to have the care of
a nurse, either in a hospital or a home, and it is shown to the
satisfaction of the court that because of the necessity of such nursing
care, the sum of $40 per month as authorized under the provisions of
Section 5-24004, is insufficient to adequately provide for the cost of such
nursing care, the court may authorize the payment of not to exceed $20 per
month for such care, in addition to such sum of $40.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24010) (from Ch. 34, par. 5-24010)
Sec. 5-24010.
Payments by county treasurer.
All payments to persons
entitled to relief under the provisions of this Division shall be paid by
the county treasurer after approval of the claim therefor by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24011) (from Ch. 34, par. 5-24011)
Sec. 5-24011.
Termination of payments.
Whenever a court, which has
authorized relief under the provisions of this Division, is of the opinion
that any recipient of such relief is cured, no longer in need of treatment,
or that further treatments cannot benefit him or for any other reason the
court may order that such recipient shall no longer receive payments under
the provisions hereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24012) (from Ch. 34, par. 5-24012)
Sec. 5-24012.
Adoption of Division.
This Division shall not be
effective in any county unless the proposition of its adoption is submitted
to the voters of the county at any regular election and unless a majority
of the votes cast at such election upon the proposition are in favor of
its adoption.
Whenever a petition signed by 200 or more legal voters of any
county is presented to the county board requesting the submission of the
proposition of whether or not the county should provide for the treatment
of persons afflicted with cancer or tumor, the county board shall adopt
a resolution for the submission of the proposition at the next regular
election held in the county. The county board shall certify the resolution
and the proposition to the proper election officials who shall submit the
proposition at said election in accordance with the general election law.
The proposition shall be in substantially the
following form:
For the adoption of Division 5-24of the Counties Code(Cancer and Tumor Relief). Against the adoption of Division 5-24of the Counties Code(Cancer and Tumor Relief).
If a majority of the legal voters of the county voting on the
proposition vote in favor thereof, the proposition shall be deemed
adopted.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-24013) (from Ch. 34, par. 5-24013)
Sec. 5-24013.
Discontinuance of treatment.
Whenever a petition
signed by 200 or more legal voters of a county which has adopted this
Division, is presented to the county board, requesting the
submission of a proposition whether or not the treatment of persons
afflicted with cancer or tumor under the provisions of this Division
be discontinued, the county board shall adopt a resolution
providing for the submission of the proposition to the voters of the county
in a similar manner as is hereinabove provided for the submission of the
proposition for the adoption of the provisions of this Division. The
county board shall certify the resolution and the proposition
to the proper election officials, who shall submit the proposition at an
election in accordance with the general election law.
If a majority of the voters of the county voting upon the proposition
are in favor thereof the proposition shall be deemed adopted and the
treatment of persons afflicted with cancer or tumor and any tax levied
therefor shall be discontinued in the county. If any funds remain to the
credit of the Cancer and Tumor Fund, after such a tax has been
discontinued, and no outstanding indebtedness exists against the county
for the purpose of the treatment of persons afflicted with cancer or
tumor, the remaining funds shall be paid into the general fund for
county purposes in the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-25 heading) Division 5-25.
County and Multi-county Health Departments
|
(55 ILCS 5/5-25001) (from Ch. 34, par. 5-25001)
Sec. 5-25001.
County and multiple-county health departments.
Any county or two or more adjacent counties may, by resolution of
the county board or county boards of the respective counties, as the case
may be, or upon approval by referendum as hereinafter provided, establish
and maintain a full-time health department; provided, that four or more
counties must obtain the approval of the State Department of Public Health
prior to establishing a multiple-county health department. The approval may
be obtained upon application by the county board of any county, containing
such information as may be required by the State Department. Approval shall
be granted if the State Department determines that the establishment of the
multiple-county health department is essential to the health requirements
of the area affected.
A "consolidated health department" shall mean a health department which
has resulted from the merging of two or more adjacent existing county or
multiple-county health departments, as provided in Section 5-25019.
A full-time health department is one whose personnel, other than
consultants and clinicians, devote their full time during regular, standard
working hours to health department duties. Reference hereinafter made to
health departments means full-time health departments unless otherwise
specified.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25002) (from Ch. 34, par. 5-25002)
Sec. 5-25002.
Classification of departments.
County and multiple county
health departments established under this Division may be classified by the
Director of Public Health in accordance with standards relating to
programs, and performance. The State Department of Public Health is
authorized to promulgate rules and regulations setting forth minimum
standards for programs and performance, including regulations in which the
State Department of Public Health shall require provision of home
visitation and other services for pregnant women, new mothers and infants
who are at risk as defined by that Department that encompass but are not
limited to consultation for parental and child development, comprehensive
health education, nutritional assessment, dental health, and periodic
health screening, referral and follow-up; the services shall be provided
through programs funded by grants from the Department of Public Health from
appropriations to the Department for that purpose. The Department is further
authorized to prescribe minimum qualifications for the professional,
technical, and administrative staff.
(Source: P.A. 86-962; 86-1377; 87-395.)
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(55 ILCS 5/5-25003) (from Ch. 34, par. 5-25003)
Sec. 5-25003.
Election on establishment of county health
department and annual levy of additional tax. Whenever a
petition signed by voters representing not less than 10% of the
votes cast at the last preceding general election of any
county is presented to the county clerk requesting the establishment and
maintenance of a county health department and the levy therefor, in
excess of the statutory limit, of an additional annual tax of not to
exceed .1% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property of the county, the
county clerk shall certify the proposition for submission at an election
in accordance with the general election law, and the proposition shall be
so submitted. The proposition shall be in substantially the
following form:
Shall.... county levyan annual tax of not to YESexceed .1% for the purpose of providing community health NOfacilities and services?
If a majority of all votes cast upon the proposition is in favor thereof,
the county board shall immediately proceed to establish a health
department. In any county in which a county health department was
established by a referendum prior to January 1, 1970, the county board may,
by resolution and without subsequent referendum, levy a tax at a rate not
to exceed the rate set forth in Section 5-25010.
However, any levy in excess of .05% shall be approved by at least a
three-fifths vote of the county board. The foregoing limitations upon
tax rates, insofar as they are applicable to counties of less than
1,000,000 population, may be increased or decreased under the referendum
provisions of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25004) (from Ch. 34, par. 5-25004)
Sec. 5-25004.
Election on establishment of multiple-county health
department and annual levy of additional tax. Whenever a petition signed by
voters representing not less than 10% of the votes cast at the last preceding
general election in each of two or more adjacent counties is presented to
their respective county clerks requesting the establishment and maintenance
of a multiple-county health department and the levy therefor, in excess of
the statutory limit, of an additional annual tax in each county of not
to exceed .1% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property of the county, each
county clerk shall certify the proposition to the county clerk of each of the
other counties mentioned in the petition. Each such county clerk in
accordance with the general election law shall make certification to any
board of election commissioners in his county and shall submit the proposition
to the voters at an election. If the petitions are so presented in 4 or
more counties, the approval of the State Department of Public Health as
provided in Section 5-25001, shall be obtained prior to the
giving of notice. The proposition shall be in substantially the following form:
Shall.... counties levy anannual tax of not to exceed .1% YESfor the purpose of providing health facilities and services in their NOrespective counties?
If a majority of all votes cast upon the proposition in each county
is in favor thereof, the several county boards shall immediately proceed
to organize a multiple-county health department and shall agree
concerning the conditions governing the organization and operation of
the department and for the apportionment of the cost thereof. In any
county in which a multiple county health department was established and
organized by a referendum prior to January 1, 1970, the county board
may, by resolution and without subsequent referendum, levy a tax at a
rate not to exceed the rate set forth in Section 5-25010. However, any
levy in excess of .05% shall be approved by at least a
three-fifths vote of the county board. The foregoing limitations upon tax
rates, insofar as they are applicable to counties of less than 1,000,000
population, may be increased or decreased under the referendum provisions
of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25005) (from Ch. 34, par. 5-25005)
Sec. 5-25005.
Canvass of votes.
When the proposition is submitted to
the voters of a county, the ballots shall be counted, the returns canvassed
and the result declared as in the case of a regular county election.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25006) (from Ch. 34, par. 5-25006)
Sec. 5-25006.
Canvass of votes in several counties.
When the
proposition is submitted to the voters of two or more
adjacent counties, the ballots shall be counted and the returns made to the
county clerk of each county, respectively, in the same manner as in the
case of returns to the county clerk in a general election. The returns
shall be opened and canvassed by a committee made up of the county clerk of
each county in which the vote on the proposition was cast, and the chairman
of the county board of each county. The committee will convene at the
request of the chairman of the county board of any one of the counties in
which the vote on the proposition was cast. The committee shall elect a
chairman whose duty it will be to see that the returns are opened and
canvassed by the committee and that the result is declared.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25007) (from Ch. 34, par. 5-25007)
Sec. 5-25007.
County clerk to record vote.
Each county clerk shall
record the result of the vote upon the proposition in his county, and the
result may be proved in all courts and in all proceedings by the record or
by a certified copy thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25008) (from Ch. 34, par. 5-25008)
Sec. 5-25008.
Jurisdiction of department.
Each county and
multiple-county health department has jurisdiction for the purposes of this
Division throughout the entire county or multiple counties, except within:
1. Any public health district organized under "An Act to authorize the
organization of public health districts and for the establishment and
maintenance of a health department for the same," filed June 26, 1917,
as amended;
2. Any city, village or incorporated town or combination thereof of less
than 500,000 inhabitants which city, village, incorporated town or combination
thereof or public health district maintains a local health department and
employs a full-time health officer and other professional personnel
possessing such qualifications as may be prescribed by the
State Department of Public Health;
3. Any city, village or incorporated town of 500,000 or more inhabitants.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25009) (from Ch. 34, par. 5-25009)
Sec. 5-25009.
Abandonment of city, village or town department.
Any city, village or incorporated town, or combination thereof or
any public health district which maintains its own independent health
department may abandon the same and become integrated in the county or
multiple-county health department. The method of abandonment, unless
otherwise prescribed by law, shall be the same as the method of adoption.
Abandonment shall become effective at the end of the fiscal year of the
city, village, incorporated town or public health district.
Any county which establishes a county health department may unite with
other counties to organize a multiple-county health department, in which
event the county health department shall be dissolved as soon as the
multiple-county health department is organized and all of its records shall
be transferred to the multiple-county health department.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25010) (from Ch. 34, par. 5-25010)
Sec. 5-25010. Annual tax levy. The county board of any county which
has established and is maintaining a county or multiple-county health
department shall, when authorized as provided in Sections 5-25003 or
5-25004, levy annually therefor, in excess of the statutory limit, a tax of
not to exceed .1% of the value plus the additional tax, if applicable,
provided for in Section 5-23002, as equalized or assessed by the Department of Revenue, of
all taxable property of the county, which tax shall be levied and collected in
like manner as general county taxes and shall be paid (except as provided in
Section 5-25011) into the county treasury and held in the County Health Fund
and shall be used only for the purposes of this Division.
Where there is a county health department, the County Health Fund
shall be drawn upon by the proper officers of the county upon the
properly authenticated vouchers of the county health department. Where
there is a multiple-county health department, the County Health Fund
shall be drawn upon by the treasurer of the board of health of the
multiple-county health department. In counties maintaining single county
health departments, each county board shall appropriate from the County
Health Fund such sums of money as may be sufficient to fund the approved
budget of the county health department, so long as those sums have been set out
in the annual budget submitted to the county board by the county board
of health and that annual budget has been approved by the county board.
In counties with a population between 700,000 and 3,000,000, the county board
chairman has the power to veto or reduce any line item in the appropriation
ordinance for the county or multiple-county health
department as provided in Section 5-1014.5.
Each county board of counties participating in the maintenance of a
multiple-county health department shall appropriate from the County
Health Fund and shall authorize the county treasurer to release
quarterly or more often to the treasurer of the board of health of the
multiple-county health department such sums of money as are in
accordance with the budget submitted by the multiple-county board of
health and approved by the county board of each of the participating
counties as may be necessary to pay its agreed share for the maintenance
of the multiple-county health department. The treasurer of the board of
health of the multiple-county health department shall request by
voucher, quarterly or more often such sums of money from the county
treasurers of the respective member counties, and shall support such
requests with estimates of anticipated receipts and expenditures for the
period for which sums of money are requested and with statements of
receipts and expenditures for the preceding period. In addition, that
treasurer shall support the requests to the annual budget submitted by
the multiple-county public health board and approved by the county board
of each of the participating counties. No payment may be made from a
County Health Fund except on the basis of a budget item in a budget
submitted by the appropriate public health board and approved by the
county board or boards concerned; however, amended or supplemental
budgets may be submitted and approved and thereby be the basis for such
a payment.
(Source: P.A. 102-587, eff. 1-1-22.)
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(55 ILCS 5/5-25011) (from Ch. 34, par. 5-25011)
Sec. 5-25011.
Disposition of taxes collected.
The entire amount collected from taxes
levied under this Division on property subject to the general
corporate tax of any city, village or incorporated town or combination
thereof or public health district which maintains its own local health
department as provided in this Division, less the amount allowed for
collecting the same, shall be paid over by the county treasurer to the
treasurer of the public health district, city, village or incorporated town
to be used for the maintenance of its local health department.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25012) (from Ch. 34, par. 5-25012)
Sec. 5-25012. Board of health. Except in those cases where a board of 10 or 12 members is provided for as
authorized in this Section, each county health department shall be managed
by a board of health consisting of
8 members appointed by the president or
chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees 2 shall serve for one
year, 2 for 2 years, 3 for 3 years and the term of the member appointed
from the county board, as provided in this Section, shall be one year and
shall continue until reappointment or until a
successor is appointed. Each board of health which has 8 members, may
have
one additional member appointed by the president or chairman of the county
board, with the approval of the county board. The additional member shall
first be appointed within 90 days after the effective date of this amendatory
Act for a term ending July 1, 2002.
The county health department in a county having a population of 200,000
or more may, if the county board, by resolution, so provides, be managed by
a board of health consisting of 12 members appointed by the president or
chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees 3 shall serve for one
year, 4 for 2 years, 4 for 3 years and the term of the member appointed
from the county board, as provided in this Section, shall be one year and
shall continue until reappointment or until a successor is appointed. In
counties with a population of 200,000 or more which have a board of health
of 8 members, the county board may, by resolution, increase the size of the
board of health to 12 members, in which case the 4 members added shall be
appointed, as of the next anniversary of the present appointments, 2 for
terms of 3 years, one for 2 years and one for one year.
The county board in counties with a population of more than 100,000
but less than 3,000,000 inhabitants and contiguous to any county with a
metropolitan area with more than 1,000,000 inhabitants, may establish
compensation for the board of health, as remuneration for their services as
members of the board of health. Monthly compensation shall not exceed
$200 except in the case of the president of the board of health whose
monthly compensation shall not exceed $400.
When a county board of health consisting of 8 members assumes the responsibilities of a municipal department of public health, and both the county board and the city council adopt resolutions or ordinances to that effect, the county board may, by resolution or ordinance, increase the membership of the county board of health to 10 members. The additional 2 members shall initially be appointed by the mayor of the municipality, with the approval of the city council, each such member to serve for a term of 2 years; thereafter the successors shall be appointed by the president or chairman of the county board, with the approval of the county board, for terms of 2 years.
Each multiple-county health department shall be managed by a board of
health consisting of 4 members appointed from each county by the president
or chairman of the county board with the approval of the county board for a
3 year term, except that of the first appointees from each county one shall
serve for one year, one for 2 years, one for 3 years and the term of the
member appointed from the county board of each member county, as
hereinafter provided, shall be one year and shall continue until
reappointment or until a successor is appointed.
The term of office of original appointees shall begin on July 1
following their appointment, and the term of all members shall continue
until their successors are appointed. All members shall serve without
compensation but may be reimbursed for actual necessary expenses incurred
in the performance of their duties. At least 2 members of each county board
of health shall be physicians licensed in Illinois to practice medicine in
all of its branches and at least one member shall be a dentist licensed in
Illinois. In counties with a population under 500,000, one member shall
be chosen from the county board or the board of county commissioners
as the case may be. In counties with a population over 500,000, two members
shall be chosen from the county board or the board of county commissioners
as the case may be. At least one member from each county on each
multiple-county board of health shall be a physician
licensed in Illinois to practice medicine in all of its branches, one
member from each county on each multiple-county board of health shall be
chosen from the county board or the board of county commissioners, as the case
may be, and at least one member of the board of health shall be a dentist
licensed in Illinois. Whenever possible, at least one member shall have
experience in the field of mental health. All members shall be chosen for
their special fitness for membership on the board.
Any member may be removed for misconduct or neglect of duty by the
chairman or president of the county board, with the approval of the county
board, of the county which appointed him.
Vacancies shall be filled as in the case of appointment for a full term.
Notwithstanding any other provision of this Act to the contrary, a county
with a population of 240,000 or more inhabitants that does not currently have a
county health department may, by
resolution of the county board, establish a board of health consisting of the
members of such board. Such board of health shall be advised by a committee
which shall consist of at least 5 members appointed by the president or
chairman of the county board with the approval of the county board for terms of
3 years; except that of the first appointees at least 2 shall serve for 3
years, at least 2 shall serve for 2 years and at least one shall serve for one
year. At least one member of the advisory committee shall be a physician
licensed in Illinois to practice medicine in all its branches, at least one
shall be a dentist licensed in Illinois, and one shall be a nurse licensed in
Illinois. All members shall be chosen for their special fitness for membership
on the advisory committee.
All members of a board established under this Section must be residents of the county, except that a member who is required to be a physician, dentist, or nurse may reside outside the county if no physician, dentist, or nurse, as applicable, who resides in the county is willing and able to serve.
(Source: P.A. 94-457, eff. 1-1-06; 94-791, eff. 1-1-07.)
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(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
Sec. 5-25013. Organization of board; powers and duties.
(A) The board of health of each county or multiple-county health department
shall, immediately after appointment, meet and organize, by the election
of one of its number as president and one as secretary, and either from
its number or otherwise, a treasurer and such other officers as it may deem
necessary. A board of health may make and adopt such rules for its own guidance
and for the government of the health department as may be deemed necessary
to protect and improve public health not inconsistent with this
Division. It shall:
1. Hold a meeting prior to the end of each operating | ||
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2. Hold meetings at least quarterly.
3. Hold special meetings upon a written request | ||
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4. Provide, equip and maintain suitable offices, | ||
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5. Publish annually, within 90 days after the end of | ||
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6. Within its jurisdiction, and professional and | ||
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7. Within its jurisdiction, and professional and | ||
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8. Within its jurisdiction, and professional and | ||
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9. Upon request, give professional advice and | ||
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10. Appoint a medical health officer as the executive | ||
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10.5. Appoint such professional employees as may be | ||
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11. Appoint such other officers and employees as may | ||
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12. Prescribe the powers and duties of all officers | ||
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13. Submit an annual budget to the county board or | ||
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14. Submit an annual report to the county board or | ||
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15. Establish and carry out programs and services in | ||
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16. Consult with all other private and public health | ||
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(B) The board of health of each county or multiple-county health department
may:
1. Initiate and carry out programs and activities of | ||
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2. Receive contributions of real and personal | ||
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3. Recommend to the county board or boards the | ||
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4. Appoint a medical and dental advisory committee | ||
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5. Enter into contracts with the State, | ||
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6. Set fees it deems reasonable and necessary (i) to | ||
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7. Enter into multiple year employment contracts with | ||
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8. Enter into contracts with municipal health | ||
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(C) The board of health of a multiple-county health department may hire
attorneys to represent and advise the department concerning matters that are
not within the exclusive jurisdiction of the State's Attorney of one of the
counties that created the department.
(Source: P.A. 99-730, eff. 8-5-16; 100-201, eff. 8-18-17.)
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(55 ILCS 5/5-25014) (from Ch. 34, par. 5-25014)
Sec. 5-25014.
Prompt payment.
Purchases made pursuant to this
Division shall be made in compliance with the "Local Government
Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25015) (from Ch. 34, par. 5-25015)
Sec. 5-25015.
Officers and employees.
Each county or multiple-county
health department shall have the exclusive right to employ and discharge
its officers and employees, except as otherwise provided in Section
5-25013; provided that in counties having a civil service system, the
employees of the health department shall be subject to the rules and
regulations of such system.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25016) (from Ch. 34, par. 5-25016)
Sec. 5-25016.
Lease or acquisition of property for department.
The board of health of each county or multiple-county health department is
authorized to lease or to acquire by purchase, construction, lease-purchase
agreement or otherwise and take title in its name and to borrow money,
issue debt instruments, mortgages, purchase money mortgages and other
security instruments, maintain, repair, remodel or improve such real estate
as may be reasonably necessary for the housing and proper functioning of
such health department. Money in the County Health Fund may be used for
such purposes.
Upon the discontinuance of a single county health department any such
real estate shall become the property of and title shall be transferred to
the county.
Upon the discontinuance of a multiple-county health department any such
real estate shall be sold and the proceeds distributed pro-rata to the
several counties as their agreed share of the maintenance of such
department may indicate.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25017) (from Ch. 34, par. 5-25017)
Sec. 5-25017.
Discontinuance of department.
Any
health department may be discontinued; 1 - by resolution of the
county board or county boards, if established in such manner; or, 2 - if
established by referendum, then by a referendum initiated by petition and
submitted to vote in the same manner as for adoption. The proposition shall
be stated "For the discontinuance of the county (or multiple-county) health
department" and "Against the discontinuance of the county (or
multiple-county) health department." If a majority of the votes cast upon
the proposition in any county is for discontinuance, the board of health
shall proceed at once to close up the affairs of the department. After the
payment of all obligations, the money in the "County Health Fund" shall
become a part of the general funds in the county treasury. All other
property shall be devoted to such county purpose as the county board or
boards determine.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25018) (from Ch. 34, par. 5-25018)
Sec. 5-25018.
Board of Health in counties having civil service
qualifications and appointment. When this Division is
adopted by resolution in counties over 500,000 population where Civil
Service Qualifications and appointment on all employees prevail, and where
all funds expended are approved by budget
of the County Board of Commissioners and so paid after approval, by the
County Treasurer, the County Board of Commissioners shall constitute the
Board of Health to carry out the provisions of this Division in
a similar manner to other acts and duties of the County.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25019) (from Ch. 34, par. 5-25019)
Sec. 5-25019.
Formation of consolidated health department.
Any county which has established a county health department or any
counties which have established a multiple-county health department may
unite with one or more adjacent counties which have established county or
multiple-county health departments, for the purpose of maintaining and
operating a consolidated health department subject to the approval of the
county boards involved and the Director of the Illinois Department of
Public Health. In the event of approval by the county boards involved and
the Director of Public Health, the chairman or president of each county
board and of each board of health shall meet and immediately proceed to
organize the consolidated health department. At such time as they shall
agree concerning the conditions governing organization and operation, and
the apportionment of the costs thereof, they shall select a date within
60 days on which the consolidated health department
shall be established, and its operation and maintenance shall be in
accordance with all provisions of this Division relating to
county health departments except where otherwise prescribed for
multiple-county health departments. The county or multiple-county health
departments in counties joining together to operate and maintain a
consolidated health department shall cease to function as independent
health departments so long as the consolidation shall exist; shall transfer
all records to the consolidated health department; and shall not withdraw
from this union except in accordance with the provisions of Section 5-25020.
The board of health of each consolidated health department shall consist
of the members of the boards of health of the county and multiple-county
health departments involved except that members from counties which have
previously established single county health departments shall be reduced to
four, including at least one physician and one member of the county board.
New appointments and reappointments shall be made in accordance with the
provisions of Section 5-25012 relating to boards of
health of multiple-county health departments. The consolidated board of
health shall hold its first meeting no later than seven days after the date
of establishment, for the purpose of organizing, electing officers, and
carrying out its responsibilities in connection with the consolidated
health department. Its subsequent meetings shall be held as prescribed in
this Division for multiple-county health departments. Membership and
actions of the consolidated board of health shall become official at its
first meeting or on the date of establishment of the consolidated health
department, whichever occurs at the earlier date. After a consolidated
health department has begun operation, addition of other health departments
to the consolidation may be accomplished with consent of all county boards
of supervisors or commissioners concerned and the Director of Public
Health; participation by such additional counties will be under the
conditions selected in the original consolidation agreement, and date of
entry into the consolidation and other relevant details will be arranged
between the board of health of the consolidated health department, and the
president of the county board and the chairman or president of the board of
health of each county requesting admission to the consolidated health
department.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25020) (from Ch. 34, par. 5-25020)
Sec. 5-25020.
Withdrawal from consolidated health department.
Any
county which has established a county health department
or counties which have established a multiple-county health department
may withdraw from a consolidated health department for the purpose of
maintaining and operating an independent county or multiple-county
health department, as the case may be, or for the purpose of joining
with another adjacent county or other adjacent counties in maintaining
and operating a consolidated health department. Withdrawal for such
purposes may be effected by majority vote of the county board of the
withdrawing county which had established a county health department, or
by a majority vote of each county board of the withdrawing counties
which had established a multiple-county health department, before
joining the consolidated health department. In all withdrawals from
consolidated health departments, the county board of each county
proposing withdrawal shall seek the advice and concurrence of the
Director of the Illinois Department of Public Health before taking
action effecting withdrawal. The effective date of withdrawal shall be
June 30 following completion of the withdrawal agreements. The board of
health of the consolidated health department shall meet and the members
of the withdrawing and the remaining counties shall agree upon removal
of records, supplies, equipment and personnel by the withdrawing county
or counties. Withdrawal of any county or counties from the consolidated
health department does not alter the consolidation if the county or
multiple-county health departments remaining party to the union are two
or more. Discontinuance of any county or multiple-county health
department effected under the provisions of Section 5-25017 constitutes
withdrawal from a consolidated health department.
Any county which is a member county of a consolidated health
department may also withdraw from the consolidated health department
upon approval by referendum, the proposition for which shall be placed
on the ballot at any general election by the county clerk on receipt of
a petition signed by not less than 10 per cent of the registered voters
of the county. The proposition shall be certified to the proper election
officials, who shall submit the proposition to the voters at an election
in accordance with the general election law.
The proposition shall read substantially as follows:
Shall .... county withdraw the county YEShealth department from the ............ consolidated health department? NO
If a majority of voters favor withdrawal the county shall arrange its
withdrawal effective June 30 following the referendum and shall settle
its affairs in the consolidated health department and resume operation
in the manner hereinbefore prescribed in this section.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25021) (from Ch. 34, par. 5-25021)
Sec. 5-25021.
Bonds for permanent improvements; referendum.
Whenever the county board determines that it is necessary to issue
bonds to enable it to provide buildings for or to make permanent
improvements in the community health facilities, the county board shall
so instruct the county clerk. Thereupon, such clerk shall certify such
determination to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25022) (from Ch. 34, par. 5-25022)
Sec. 5-25022.
Form of proposition.
The proposition pursuant to
Section 5-25021 shall be in substantially the following form:
Shall.... county issue bondsto the amount of.... dollars for the YESpurpose of enabling the county to....(purpose to be stated, which shall be either to provide buildings for or tomake permanent improvements in the NOcommunity health facilities)?
In case a majority of the votes cast upon the propositions shall be
in favor of the issuance of such bonds, the county board shall issue the
bonds not exceeding the amount authorized at the referendum. Such bonds
shall become due not more than 20 years after their date, shall be in
denominations of $100 or any multiple thereof, and shall bear interest,
evidenced by coupons, at a rate 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, as shall be determined by the county board.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
in relation to the establishment and maintenance of county and
multiple-county public health departments", approved July 9, 1943, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to the
establishment and maintenance of county and multiple-county public health
departments", approved July 9, 1943, that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-25023) (from Ch. 34, par. 5-25023)
Sec. 5-25023.
Sale of bonds.
The bonds authorized by this
Division shall be sold and the proceeds thereof
used solely for the specified purpose. At or before the time of delivery of
any bond, the county board shall file with the county its certificates,
stating the amount of bonds to be issued, or denominations, rate of
interest, where payable, and shall include a form of bond to be issued. The
county board shall levy a direct tax upon all of the taxable property
within the county sufficient to pay the principal and interest on the bonds
as and when the same respectively mature. Such tax shall be in addition to
all other taxes and shall not be within any rate limitation otherwise
prescribed by law.
The proceeds received from the sale of the bonds shall be placed in a
special fund in the county treasury to be designated as the "Bond Community
Health Fund" and thereafter the county shall appropriate from such funds
such sum or sums as may be necessary to carry out the provisions of this
Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25024) (from Ch. 34, par. 5-25024)
Sec. 5-25024.
Submission at same election.
Both the proposition for
the levy of an annual tax pursuant to Sections 5-25003 or 5-25004 and the
proposition for issuance of bonds pursuant to Section 5-25021 may be
submitted to the electors at the same election.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-25025) (from Ch. 34, par. 5-25025) Sec. 5-25025. Mental health program. If the county board of any county having a population of less than 1,000,000 inhabitants and maintaining a county health department under this Division desires the inclusion of a mental health program in that county health department and the authority to levy the tax provided for in subsection (c) of this Section, the county board shall certify that question to the proper election officials, who shall submit the proposition at an election in accordance with the general election law. The proposition shall be in substantially the following form: Shall ...........County include a mental health program in the YES county health department, and levy an annual tax of not to exceed .05% of the value of all taxable property for use for mental health purposes by the county health NO department? If a majority of the electors voting at that election vote in favor of the proposition, the county board may include the mental health program in the county health department and may, annually, levy the additional tax for mental health purposes. All mental health facilities provided shall be available to all citizens of the county, but the county health board may vary any charges for services according to ability to pay. If the county is also subject to the Property Tax Extension Limitation Law, then the proposition shall also comply with the Property Tax Extension Limitation Law. Notwithstanding any provision of this Section, any referendum imposing an annual tax on or after January 1, 1994 and prior to the effective date of this amendatory Act of the 103rd General Assembly that complies with this Section is hereby validated. When the inclusion of a mental health program has been approved: (a) To the extent practicable, at least one member of the County Board of Health, under Section 5-25012, shall be a person certified by The American Board of Psychiatry and Neurology professionally engaged in the field of mental health and licensed to practice medicine in the State, unless there is no such qualified person in the county. (b) The president or chairman of the county board of health shall appoint a mental health advisory board composed of not less than 9 nor more than 15 members who have special knowledge and interest in the field of mental health. Initially, 1/3 of the board members shall be appointed for terms of one year, 1/3 for 2 years and 1/3 for 3 years. Thereafter, all terms shall be for 3 years. This advisory board shall meet at least twice each year and provide counsel, direction and advice to the county board of health in the field of mental health. (c) The county board may levy, in excess of the statutory limit and in addition to the taxes permitted under Sections 5-25003, 5-25004 and 5-25010, an additional annual tax of not more than .05% of the value, as equalized or assessed by the Department of Revenue, of all taxable property within the county which tax shall be levied and collected as provided in Section 5-25010 but held in the County Health Fund of the county treasury for use for mental health purposes. These funds may be used to provide care and treatment in public and private mental health facilities. (d) When a mental health program has been included in a county health department pursuant to this Section, the county board may obtain the authority to levy a tax for mental health purposes in addition to the tax authorized by the preceding paragraphs of this Section but not in excess of an additional .05% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the county by following the procedure set out in Section 5-25003 except that the proposition shall be in substantially the following form: Shall.... county levy, in excess of the statutory limit, an additional YES annual tax of not to exceed .05% for use for mental health purposes by the NO county health department? If the majority of all the votes cast on the proposition in the county is in favor thereof, the county board shall levy such tax annually. The levy and collection of this tax shall be as provided in Section 5-25010 but the tax shall be held in the County Health Fund of the county treasury for use, with that levied pursuant to paragraph (c), for mental health purposes.(Source: P.A. 102-839, eff. 5-13-22; 103-565, eff. 11-17-23.) |
(55 ILCS 5/5-25026)
Sec. 5-25026. Locally grown foods. Except in emergency situations, including but not limited to a food-borne disease outbreak, the board of health of a county or multi-county health department may not discourage the purchase or consumption of locally grown foods in relation to foods that are not locally grown.
(Source: P.A. 96-620, eff. 8-24-09.) |
(55 ILCS 5/5-25027) Sec. 5-25027. (Repealed).
(Source: P.A. 97-439, eff. 8-18-11. Repealed internally, eff. 12-31-18.) |
(55 ILCS 5/Div. 5-26 heading) Division 5-26.
Monuments in
Honor of Soldiers and Sailors
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(55 ILCS 5/5-26001) (from Ch. 34, par. 5-26001)
Sec. 5-26001.
Submission of question of erecting memorial.
Upon the petition of two hundred, or more, legal voters of a
county being filed with the county clerk, praying that the proposition
of erecting or completing a monument or memorial building in honor of
its soldiers and sailors at the county seat be submitted to a vote of
the people of such county, such proposition shall be submitted to a vote
of the people at any regular election. The county board shall
certify the proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general election law.
Such proposition shall be in substantially the following form:
Proposition for theerection of a monument or YESmemorial building in honor of the soldiers and sailors NOof the county.
If a majority of all the votes cast on such proposition is in favor
thereof, the county board of such county, within one year after such
election, shall appropriate sufficient funds to erect a suitable
monument or a suitable memorial building, and purchase a site therefor,
if necessary, at the county seat, in honor of its soldiers and sailors.
If the revenues of the county under the general tax levy are
insufficient to provide for the erection of such building and the
purchase of a site therefor, if necessary, the county board may also at
the same election cause submission to the voters the proposition
of levying an additional tax and issuing bonds therefor in the manner
provided by Sections 5-2001 and 5-2005, as amended.
If a memorial building is erected it shall be under the supervision
and control of the county board, and the county board may permit such
use of the building as it deems advisable.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-26002) (from Ch. 34, par. 5-26002)
Sec. 5-26002.
Subscriptions.
Whenever the people of any county shall
desire to erect, or contribute to the erection of a memorial building in
honor of their soldiers and sailors and shall procure bona fide
subscription to the extent of two-thirds of the estimated cost thereof, it
shall be lawful for any county by a two-thirds vote of the county board or
board of county commissioners, as the case may be, to contribute such sum
or sums of money toward the cost of erecting such a memorial building not
exceeding one-third of the cost thereof, as shall be deemed discreet and
proper: Provided, that such contribution shall be made subject to the
following conditions: (1) said building shall be constructed in accordance
with plans, approved by such county board; (2) when erected, shall be
forever used exclusively for public or civic purposes; and (3) if, at any
time after the construction thereof, it shall cease to be used for such
purposes, it and the property upon which it is situate, shall revert to and
become the property of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-26003) (from Ch. 34, par. 5-26003)
Sec. 5-26003.
Lease of county building as memorial.
If any
county shall own and possess any real estate suitable for a
site for a memorial building, it shall be lawful for the county board
or board of county commissioners, as the case may be, by
two-thirds vote, to enter into a lease for a period not exceeding
ninety-nine years, by which said real estate may be leased to the
organization or individuals contemplating the erection of a memorial
building through private donations or contributions: Provided, the amount
contributed or donated by public subscriptions for such purpose shall be
equal to at least double the value of such real estate: Provided, further,
that said lease shall provide that said building shall, when erected, be
used exclusively for public or civic purposes, and that upon the expiration
of said lease, or the violation of any of its terms or conditions, the
improvements thereon shall revert to and become the property of said
county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-26004) (from Ch. 34, par. 5-26004)
Sec. 5-26004.
Use.
Available space in memorial buildings
constructed under the provisions of this Division, may be set aside for the
use of organizations of honorably discharged soldiers and sailors of the
United States without charge.
Boys' clubs, associations of commerce, civic improvement and health
bodies, farm bureaus and other similar non-partisan and non-sectarian
organizations, not organized for profit, shall be deemed within the meaning
of the words "public or civic purposes," and available space in such
memorial buildings may be rented or leased at a reasonable rental to any
such organization.
In the discretion of the county board, the memorial building may be
constructed so as to be suitable for use as a county orphans' home, or a
county hospital, and may be used for either purpose.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-26005) (from Ch. 34, par. 5-26005)
Sec. 5-26005. Maintenance. Whenever any memorial building is
erected through private subscriptions, as herein provided, or any veterans' memorial is erected, it shall be
lawful for the county board or board of county commissioners, as the case
may be, to appropriate such sums of money from year to year as it may deem
reasonable and proper to cover any deficiency in the cost of the maintenance
thereof.
(Source: P.A. 98-312, eff. 8-12-13.)
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(55 ILCS 5/5-26006) (from Ch. 34, par. 5-26006)
Sec. 5-26006.
Exempt from taxation.
Memorial
buildings erected in accordance
with the provisions of this Division shall be deemed county
property and shall be exempt from taxation.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-27 heading) Division 5-27.
Burial of Indigent
Veterans and their Families
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(55 ILCS 5/5-27001) (from Ch. 34, par. 5-27001)
Sec. 5-27001. Appointment of person to have charge of interment. Each county board shall designate some suitable person or persons
to serve without compensation, who shall cause to be properly interred the
body of any honorably discharged veteran who served in the army or navy
of the United States during the Civil War, Spanish-American War, Philippine
Insurrection, Boxer Uprising in China, or with the armed forces of the United
States in World War I, World War II, during the national emergency between
June 25, 1950 and January 31, 1955, during the Viet Nam Conflict between
January 1, 1961 and May 7, 1975, or with the armed forces of the United States in any congressionally sanctioned war or conflict after the Viet Nam Conflict, or their mothers, fathers, husbands, wives,
widows, widowers or minor children, who may hereafter die in such county,
without having sufficient means to defray the funeral expenses. This
Division shall not apply to such mothers, fathers, husbands, wives, widows
or widowers, if they were recipients of public assistance at the time of death.
(Source: P.A. 96-98, eff. 1-1-10.)
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(55 ILCS 5/5-27002) (from Ch. 34, par. 5-27002)
Sec. 5-27002. Fees. The expense of such burial shall not
exceed the sum of $900; such
burial shall not be made in any cemetery or burial ground used exclusively
for the burial of the pauper dead, or in that portion of any burial ground
so used. In case relatives of the deceased, who are unable to bear the
expenses of burial, desire to conduct the funeral, they may be allowed to
do so, and the expense thereof shall be paid as hereinafter provided.
(Source: P.A. 96-98, eff. 1-1-10.)
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(55 ILCS 5/5-27003) (from Ch. 34, par. 5-27003)
Sec. 5-27003.
Expenses paid by county.
The
expenses of such burial and headstone shall be paid by the
county in which such veteran or his or her mother, father, husband, wife,
widow, widower or minor children resided at the time of such death; and
the county board in such counties under township organization, or
county commissioners in such counties not under township organization, is
authorized and directed to audit the account, and pay the said expenses
in a similar manner as other accounts against such county are audited and
paid: Provided, that nothing in this Division contained shall apply to the
burial of veterans who are residents of the Veterans' Home at the time of
their death.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-28 heading) Division 5-28.
Soldiers' and Sailors' Burial Fund
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(55 ILCS 5/5-28001) (from Ch. 34, par. 5-28001)
Sec. 5-28001.
County may procure burial grounds.
The county board of each county has power to purchase suitable sites for
burial grounds for deceased personnel of the Armed Services of the
United States who died in service and for honorably discharged veterans
who served in the armed forces of the United States during the Civil
War, Spanish-American War, Philippine Insurrection, Boxer Uprising in
China, World War I, World War II, during the national emergency between
June 25, 1950 and January 31, 1955, or any time during the Viet Nam
Conflict between January 1, 1961 and May 7, 1975, and their mothers,
fathers, wives, husbands, widowers or widows, who may die without having
sufficient means to purchase a grave and defray funeral expenses; to
establish and maintain suitable headquarters, cemetery buildings, and
other auxiliary institutions connected with such burial grounds; and to
pay the funeral and burial expenses of such persons and to provide
suitable headstones for their graves.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28002) (from Ch. 34, par. 5-28002)
Sec. 5-28002.
Petition; tax levy.
When one
hundred legal voters of any county shall present a
petition to the county board of such county, asking that an annual tax
may be levied for the establishment and maintenance of a Soldiers' and
Sailors' Burial Fund in such county, such county board shall certify the
proposition to the proper election officials who shall submit the proposition
at the next regular election in such county, in accordance
with the general election law. The proposition shall be in substantially
the following form: "For the levy of a tax for a Soldiers' and Sailors'
Burial Fund," or "Against the levy of a tax for a Soldiers' and Sailors'
Burial Fund". If a majority of all the votes cast upon the proposition
shall be for the levy of a tax for a soldiers' and sailors' burial fund the
county board of such county shall thereafter annually levy a tax of not to
exceed one mill on the dollar ($1.00), which tax shall be collected in like
manner as other general taxes in such county and shall be paid into the
"soldiers' and sailors' burial fund," and thereafter the county board of
such county shall annually appropriate from such fund such sums of money
as may be deemed necessary to pay the expenses which will be accrued in
carrying out the provisions and purposes of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28003) (from Ch. 34, par. 5-28003)
Sec. 5-28003.
Directors.
When in any county such proposition for
the levy of a tax for a county Soldiers' and Sailors' Burial Fund has been
adopted, the chairman of the county board of such county shall, with the
approval of the county board, proceed to appoint a board of three
directors, all of whom shall be chosen with reference to their special
fitness for such office, to have charge of the undertakings and activities
contemplated by this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28004) (from Ch. 34, par. 5-28004)
Sec. 5-28004.
Terms of office.
One of the
directors shall hold office for one year, another for
two years, and another for three years, from the first day of July
following their appointment, but each until his successor is appointed and
at their first regular meeting they shall cast for the respective terms.
Annually thereafter the presiding officer of the county board, with the
advice and consent of the county board, shall, before the first day of July
of each year appoint, as before, one director, who shall hold office for
three years and until his successor is appointed. The presiding officer of
the county board, by and with the consent of the county board may, remove
any director for misconduct or neglect of duty.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28005) (from Ch. 34, par. 5-28005)
Sec. 5-28005.
Vacancies; compensation.
Vacancies in the board of
directors occasioned by removal, resignation, or otherwise, shall be
reported to the county board and be filled in like manner as original
appointments. No director shall receive compensation as such, or be
interested, either directly, or indirectly, in the purchase or sale of any
property or supplies to be used in carrying out the purpose of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28006) (from Ch. 34, par. 5-28006)
Sec. 5-28006.
Powers and duties.
The directors shall, immediately
after appointment, meet and organize, by the election of one of their
number as president and one as secretary. They shall make and adopt such
by-laws, rules and regulations for their own guidance and for the
government of the soldiers' and sailors' burial grounds of the county and
auxiliary institutions and activities connected therewith, as may be
expedient and not inconsistent with this Division. They shall have the
exclusive control of the expenditure of all moneys appropriated from the
Soldiers' and Sailors' Burial Fund, and of the laying out of sites for
burial purposes, the construction of any cemetery buildings, or other
necessary auxiliary institutions and of the activities in connection
therewith, and of the supervision, care, and custody of the grounds and
buildings. The board of directors shall have the power to
purchase or lease ground within the limit of the county, and to occupy,
lease or erect appropriate cemetery buildings or other buildings, by and
with the approval of the county board. No cemetery site shall be purchased
or leased, however, until detailed plans therefor have been submitted to
the county board and have been approved by them. The board of directors
shall have the power to appoint suitable superintendents, care-takers and
all necessary assistants, and to fix their compensation, and shall also
have the power to remove such appointees.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28007) (from Ch. 34, par. 5-28007)
Sec. 5-28007.
Donations; annual report.
The board
of directors, in the name of the county, may receive from
any person any contribution or donation of money or property and shall pay
over to the treasurer of such county for the Soldiers' and Sailors' Burial
Fund all moneys thus received, within one month after they are received and
shall take the receipt of the county treasurer therefor; and shall also, at
each regular meeting of the county board report to the county board the
names of all persons from whom any such contributions or donations have
been received, since the date of the last report, and the amount and nature
of the property so received from each, and the date when the same was
received. The board of directors shall make on or before the second Monday
in June of each year, an annual report to the county board, stating the
condition of the Soldiers' and Sailors' Burial Fund on the first day of
June of that year, the number of burials, and such other statistics,
information and suggestions as they may deem of general interest.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-28008) (from Ch. 34, par. 5-28008)
Sec. 5-28008.
Payment of burial expenses.
The board of directors are
authorized to pay, out of the money which is appropriated to them from the
county Soldiers' and Sailors' Burial Fund, the funeral and burial expenses
of persons who come within the description in Section 5-28001, but in no
one case shall they pay for such purpose more than $75; and they are
authorized to buy and erect suitable headstones on the graves of such
persons. But no money shall be expended to pay the funeral and burial
expenses of any soldier or sailor who was an inmate of any soldiers' and
sailors' home at the time of his death.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-29 heading) Division 5-29.
Code of Ordinances and Regulations
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(55 ILCS 5/5-29001) (from Ch. 34, par. 5-29001)
Sec. 5-29001. Authorization. A county board may, by resolution,
authorize the compilation, publication and maintenance of a county code
consisting of ordinances and regulations duly adopted by the county board.
(Source: P.A. 96-328, eff. 8-11-09.)
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(55 ILCS 5/5-29002) (from Ch. 34, par. 5-29002)
Sec. 5-29002.
Compilation of ordinances and regulations;
index. A county board adopting this Division shall authorize the State's
attorney, or any person or persons deemed by the county board to be qualified
to compile existing ordinances and regulations and to organize and index
said ordinances and regulations.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29003) (from Ch. 34, par. 5-29003)
Sec. 5-29003.
Title of code.
The code of ordinances and regulations
shall be titled "The (County Name) County Code".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29004) (from Ch. 34, par. 5-29004)
Sec. 5-29004.
Adoption by resolution; effective date.
Once
the code has been compiled it shall be adopted by resolution
of the county board and shall be effective on the date so adopted.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29005) (from Ch. 34, par. 5-29005)
Sec. 5-29005.
Record and memorandum.
The county clerk shall record,
in a book used exclusively for that purpose, all ordinances passed by the
county board. Immediately following each ordinance the county clerk shall
make a memorandum of the date of the passage and of the publication or
posting, where required, of the ordinance. This record and memorandum, or a
certified copy thereof, shall be prima facie evidence of the contents,
passage, and of the publication or posting of ordinances. Such book or
pamphlet shall not relieve a county board from publication of notices as
otherwise required by statute or court order.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29006) (from Ch. 34, par. 5-29006)
Sec. 5-29006.
Certificate of county clerk.
The contents of county
ordinances, the date of passage, and the date of publication or posting,
where required, may be proved by the certificate of the county clerk.
Whenever county ordinances are printed in book or pamphlet form, and purport
to be published by authority of the county board, such book or pamphlet
shall be prima facie evidence of the contents, passage, and legal publication
of such ordinances, as of the dates mentioned in such book or pamphlet, in
all courts and administrative tribunals.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29007) (from Ch. 34, par. 5-29007)
Sec. 5-29007.
Public review and inspection; sale.
The duly approved
county code shall be made available for public review and inspection in the
office of the county clerk. The county board may authorize the county
clerk to sell copies of the code to the public and may establish an
appropriate fee for that purpose.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29008) (from Ch. 34, par. 5-29008)
Sec. 5-29008.
Republication of code.
The county code shall be updated
and republished annually or more frequently as the county board may direct.
The county board may authorize the State's attorney, or any person or
persons deemed by the county board to be qualified, to update the county code.
The county clerk shall cooperate fully with the person or persons designated
by the county board to update the county code.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-29009) (from Ch. 34, par. 5-29009)
Sec. 5-29009.
Binding and effective as adopted by the county
board. Where ordinances or regulations are intentionally or inadvertently
omitted from the county code, such ordinances and regulations shall still
be binding and effective as adopted by the county board. However, when
ordinances and regulations are included in the county code, provisions of
the county code shall be binding and effective.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-30 heading) Division 5-30.
County Historic Preservation
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(55 ILCS 5/5-30001) (from Ch. 34, par. 5-30001)
Sec. 5-30001.
Subtitle.
This Division shall be subtitled the
"Illinois County Historic Preservation Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30002) (from Ch. 34, par. 5-30002)
Sec. 5-30002.
Declaration of purpose.
The purpose of
this Division is to identify, protect, preserve, and provide for the
restoration, rehabilitation and continued use of buildings, structures,
objects, areas, sites, and landscapes that are of historic, archaeological,
architectural or scenic significance; to foster education, interest and
pride in the beauty and accomplishments of the past; to promote economic
development through protection and enhancement of resources important to
tourism and business; to conserve and improve the value of real property
and the property tax base; to insure orderly, efficient and harmonious
development; to encourage cooperation between municipalities and counties;
and to promote the general welfare.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30003) (from Ch. 34, par. 5-30003)
Sec. 5-30003.
Definitions.
As used in this Division, the
following terms shall have the meanings ascribed to them as follows:
"Alteration". Any act or process that changes
one or more historic, architectural or physical features of an area, site,
landscape, place or structure, including, but not limited to, the erection,
construction, reconstruction, or removal of any structure; the expansion
or significant modification of agricultural activities; surface mining;
and clearing, grading or other modification of an area, site or landscape
that changes its current or natural condition.
"Architectural significance". Embodying the distinctive characteristics
of a type, period, style or method of construction or use of indigenous
construction, or representing the work of an important builder, designer,
architect, or craftsman who has contributed to the development of the
community, county, State or country.
"Archaeological significance". Importance as an area, site, place or
landscape that has yielded or is likely to yield information concerning
past patterns of human settlement, or artifacts or information concerning
previous cultures in Illinois or previous periods of the present culture.
Areas, sites or landscapes of archaeological significance may include, but
are not limited to, aboriginal mounds, forts, earthworks, burial grounds,
historic or prehistoric ruins, locations of villages, mine excavations or
tailings, or other locations.
"Building". Any structure designed or constructed for residential,
commercial, industrial, agricultural or other use.
"Certificate of Appropriateness". A certificate issued by a preservation
commission indicating its approval of plans for alteration, construction,
demolition, or removal affecting a nominated or designated landmark or property
within a nominated or designated preservation district.
"Certificate of Economic Hardship". A certificate issued by a Preservation
Commission authorizing an alteration, construction, removal or demolition
even though a Certificate of Appropriateness has previously been denied
or may be denied.
"Commissioners". Members of a Preservation Commission.
"Conservation Right". A term that includes easements, covenants, deed
restrictions or any other type of less than full fee simple interest as
that term is defined in Section 1 of "An Act relating to conservation
rights in real property", approved September 12, 1977, as amended.
"Construction". The act of adding an addition to a structure or the erection
of a new principal or accessory structure on a lot or property.
"Demolition". Any act or process which destroys in part or in whole a
landmark or a building or structure within a preservation district.
"Design Criteria". A standard of appropriate activity that will preserve
the historic, architectural, scenic or aesthetic character of a landmark
or preservation district.
"Development Rights". The development rights of a landmark or of a property
within a preservation district as defined in Section 11-48.2-1A of the Illinois
Municipal Code.
"Development Rights Bank". A reserve for the deposit of development rights
as defined in Section 11-48.2-1A of the Illinois Municipal Code.
"Exterior Architectural Appearance". The architectural character and general
composition of the exterior of a building or structure, including but not
limited to the kind, color and texture of the building material and the
type, design and character of all windows, doors, light fixtures, signs
and appurtenant elements.
"Historic Significance". Character, interest or value as part of the
development, heritage, or culture of the community, county, State or
country; as the location of an important local, county, State or national
event; or through identification with a person or persons who made
important contributions to the development of the community, county,
State or country.
"Landmark". A property or structure designated as a "Landmark" by ordinance
of a county board, pursuant to procedures prescribed herein, which is worthy
of rehabilitation, restoration, or preservation because of its historic or
scenic or architectural significance.
"Landscape". A natural feature or group of natural features such as, but
not limited to, valleys, rivers, lakes, marshes, swamps, forests, woods,
or hills; or a combination of natural features and buildings, structures,
objects, cultivated fields, or orchards in a predominantly rural setting.
"Object". Any tangible thing, including any items of personal property,
including, but not limited to, wagons, boats, and farm machinery, that may
be easily moved or removed from real property.
"Owner of Record". The person or corporation or other legal entity in whose
name the property appears on the records of the County Recorder.
"Preservation District". An area designated as a "preservation district"
by ordinance of a county board and which may contain within definable
geographic boundaries one or more landmarks and which may have within its
boundaries other properties, areas, sites, landscapes or structures which,
while not of such historic or architectural or scenic significance to be
designated as landmarks, nevertheless contribute to the overall visual
characteristics of the landmark or landmarks located within the district.
"Preservation Ordinance". An ordinance enacted by a county board pursuant
to this Division that provides for the nomination, designation,
and protection of landmarks or preservation districts, and that contains,
at a minimum, the elements required by Section 5-30009.
"Removal". Any relocation of a structure, object or artifact on its site
or to another site.
"Repair". Any change that is not construction, alteration, demolition,
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
"Scenic Significance". Importance as a result of appearance or character
that remains relatively unchanged from and embodies the essential appearance
related to a culture from an earlier historic or prehistoric period; as
a result of a unique location, appearance, or physical character that creates
an established or familiar vista or visual feature; or as a geologic or
natural feature associated with the development, heritage or culture of
the community, county, State or nation.
"Site". The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of a
person, persons, group, or tribe, including but not limited to, cemeteries,
burial grounds, campsites, battlefields, settlements, estates, gardens,
groves, river crossings, routes, trails, caves, quarries, mines or
significant trees or other plant life.
"Structure". Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including (but without
limiting the generality of the foregoing) barns, smokehouses, advertising
signs, billboards, backstops for tennis courts, bridges, fences, pergolas,
gazebos, radio and television antennae, solar collectors, microwave
antennae, including supporting towers, roads, ruins or remnants (including
foundations), swimming pools or walkways.
"Survey". The systematic gathering of information on the architectural,
historical, scenic, and archaeological significance of buildings, sites,
structures, areas, or landscapes through visual assessment in the field
and historical research, for the purpose of identifying landmarks or districts
worthy of preservation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve landmarks and
preservation districts. The county board of each county
shall have the following authority:
(1) to establish and appoint by ordinance a | ||
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(2) to establish and appoint by ordinance a | ||
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(3) to conduct an ongoing survey of the county to | ||
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(4) to designate by ordinance landmarks and | ||
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(5) to prepare maps showing the location of landmarks | ||
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(6) to exercise any of the powers and authority in | ||
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(7) to nominate landmarks and historic districts to | ||
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(8) to appropriate and expend funds to carry out the | ||
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(9) to review applications for construction, | ||
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(10) to acquire by negotiated purchase any interest | ||
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(11) to apply for and accept any gift, grant or | ||
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(12) to establish a system for the transfer of | ||
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(13) to establish a loan or grant program from any | ||
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(14) to abate real property taxes on any landmark or | ||
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(15) to advise and assist owners of landmarks and | ||
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(16) to advise cities, villages, or incorporated | ||
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(17) to exercise within the boundaries of any city, | ||
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(18) to exercise any of the above powers to preserve | ||
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(19) to exercise any other power or authority | ||
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(Source: P.A. 101-81, eff. 7-12-19.)
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(55 ILCS 5/5-30005) (from Ch. 34, par. 5-30005)
Sec. 5-30005.
Appointment of preservation study committee.
Prior to
the establishment of a preservation commission the county board shall by
ordinance or resolution appoint from nominations submitted by the chief
executive officer of the county board a preservation study committee to
investigate the power and authority that can be given to a preservation
commission, and to prepare a report to the county board including a
recommendation concerning the need for a preservation ordinance.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30006) (from Ch. 34, par. 5-30006)
Sec. 5-30006.
Composition and term of preservation study committee.
The preservation study committee shall consist of from 5 to 9 members who
shall be residents of the county or of any incorporated municipality within
it. Among the members of the study committee shall be at least one
representative of the county historical museum, if any; one representative
of a volunteer historical society or organization concerned with
preservation in unincorporated areas in the county; one member from an
existing municipal landmark or historic preservation commission, if any, in
the county; and a representative of the county regional planning
commission, if any. The chief executive officer of the county board shall
appoint a chairman from among the members of the study committee, and shall
make every reasonable effort to nominate persons with a demonstrated
interest in prehistory, history, or architecture as the remaining members
of the study committee. The preservation study committee shall be
appointed for a reasonable period of time not to exceed one year.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30007) (from Ch. 34, par. 5-30007)
Sec. 5-30007.
Compensation, expenses and funds.
The county board may
compensate the study committee on a per diem or per meeting basis with a
mileage allowance for travel, and may appropriate to the study committee
from any funds under its control and not otherwise appropriated, such sum
as the county board may deem proper to fulfill the work of the study committee.
The study committee shall have the authority:
(1) to employ such planning, legal or other assistance as it may deem
necessary;
(2) with the concurrence of the county board to accept, receive and expend
funds, grants and services from the federal government, or its agencies;
from departments, agencies and instrumentalities of the State and local
governments; from private or public foundations; or from other sources;
(3) to contract with respect to any funds, grants or services from whatever
sources derived;
(4) to provide such information and reports as may be necessary to secure
financial aid.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30008) (from Ch. 34, par. 5-30008)
Sec. 5-30008.
Authority of preservation study committee.
The
study committee shall have the following authority:
(1) to review and evaluate any existing State, county or local surveys
and to undertake a preliminary survey of incorporated and unincorporated
portions of the county in order to determine generally the number, type
and location of potential landmarks and historic districts;
(2) on the basis of the survey, to determine the need for establishment
of a preservation commission to recommend the designation of landmarks or
preservation districts, and to review construction, alteration, demolition
and removal affecting designated landmarks and preservation districts;
(3) upon a determination and recommendation that a preservation commission
should be established, to either recommend specific landmarks and preservation
districts that should be designated by an ordinance establishing a preservation
commission, or recommend a process for continuous and systematic survey
of the county to identify and designate landmarks and preservation districts
as part of an ordinance to establish a preservation commission;
(4) to prepare or cause to be prepared, an ordinance for the
establishment of a preservation commission and for the designation and
protection of landmarks and preservation districts;
(5) to recommend incentives to encourage the preservation, rehabilitation,
restoration, and continued use of landmarks or property within preservation
districts;
(6) to report to the county board within a reasonable period of time
concerning these and any other matters affecting the preservation of
buildings, structures, areas, sites and landscapes that are of historic,
archaeological, architectural, or scenic significance.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30009) (from Ch. 34, par. 5-30009)
Sec. 5-30009.
Presentation of preservation study committee
report; termination of committee. The report and
recommendations of the study committee,
including the proposed preservation ordinance upon a recommendation that a
preservation commission should be established, shall be submitted for
review and comment to the county board; the county regional planning
commission, if any; the county historical museum, if any; each existing
municipal landmark or historic preservation commission
in the county; and the Department of Natural Resources. Copies of the
report shall be available at the county courthouse and offices of the county
board and county regional planning commission. The county board, or the
study committee or the county regional planning commission upon authorization
of the county board, shall, within 60 days after submission, hold public
hearings in at least 2 locations within the county and shall afford all
persons interested an opportunity to be heard. Notice of each hearing shall
be published at least 15 days in advance thereof in a newspaper of general
circulation in the county. Such notice shall state the time and place of
the hearing and the place where copies of the report and recommendations
will be available for examination. Within 45 days after the final adjournment
of such hearings the study committee shall make a final report and
recommendations and submit the final proposed preservation ordinance to the
county board. The county board after reviewing the report, recommendations
and proposed preservation ordinance shall within 60 days take one of the
following steps: (1) accept the report and enact the ordinance without
major substantive changes; (2) refer the report and proposed ordinance back
to the study committee with suggestions for further amendments and
revisions for consideration by the preservation study committee and a
further report and recommended ordinance within 60 days; or (3) reject the
report, recommendations and proposed ordinance by resolution stating its
reasons for such action.
The preservation study committee shall cease to exist following the
completion, presentation or filing of its final report and recommendations
with the county board and final action by the board upon the report and
recommendations.
(Source: P.A. 89-445, eff. 2-7-96.)
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(55 ILCS 5/5-30010) (from Ch. 34, par. 5-30010)
Sec. 5-30010.
Minimum content of preservation ordinance.
Every
preservation ordinance proposed by a preservation study
committee and enacted by a county board pursuant to this Division is
required, at a minimum, to contain the following elements:
(1) Establishment of a preservation commission;
(2) Standards or criteria for determining the historic archaeological,
architectural, or scenic significance of buildings, structures, objects,
areas, sites or landscapes; and procedures for recommending designation by
ordinance of landmarks or preservation districts;
(3) Definitions of important words and phrases used in the ordinance;
(4) Procedures for the appointment of officers and the succession of
preservation commission members;
(5) Procedures for review by the preservation commission of proposed zoning
amendments, variations and special use applications submitted to a county
regional planning commission or board of appeals;
(6) Procedures and general criteria for review by the preservation
commission of significant alteration, construction, demolition and removal
that affects pending and designated landmarks and preservation districts
and for the issuance of certificates of appropriateness;
(7) Procedures for establishing guidelines interpreting the general criteria
for review of actions required by paragraph (6) above as those criteria
relate to specific designated landmarks or categories of designated landmarks,
and to designated preservation districts;
(8) Procedures and standards for a property owner to demonstrate the
economic hardship from the denial of an application for an alteration,
construction, demolition or removal, and for lessening the effect of any
denial determined by a preservation commission or a county board to deny a
property owner all reasonable use of, or a return on, a landmark or
property within a preservation district;
(9) Fees for the filing of any nomination or application and penalties
for the violation of any provisions of the preservation ordinance.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
Sec. 5-30011.
Authority of preservation commission.
Every preservation commission established by ordinance of the county board
pursuant to the report and recommendations of the preservation study
committee shall have the following powers and authority:
(1) To conduct an ongoing survey of the county to identify buildings,
structures, areas, sites and landscapes that are of historic, archaeological,
architectural, or scenic significance, and therefore potential landmarks
or preservation districts;
(2) To hold public hearings and recommend to the county board the
designation of landmarks or preservation districts identified in the survey;
(3) To compile information concerning and prepare descriptions of, the
landmarks or preservation districts identified and recommended for designation,
and the characteristics that meet the standards for designation;
(4) To prepare, keep current, and publish a map or maps showing the
locations and exact boundaries of both proposed and designated landmarks
and preservation districts, and, if the preservation commission so chooses,
the locations and boundaries of designated State or federal landmarks or
districts;
(5) To keep a register of all designated landmarks and preservation
districts;
(6) To establish an appropriate system of markers or plaques for all
designated landmarks and preservation districts, and for streets, roads and
highways leading from one landmark or preservation district to another and
to confer recognition upon the owners of landmarks or property within
preservation districts by means of certificates, plaques or markers;
(7) To nominate landmarks and historic districts to any state or federal
registers of historic places;
(8) To advise and assist owners of landmarks and property
within preservation
districts on physical and financial aspects of preservation, renovation,
rehabilitation and reuse, and on procedures for inclusion on any state or
federal register of historic places;
(9) To inform and educate the citizens of the county concerning the
historic, archaeological, architectural, or scenic heritage of the county
by publishing appropriate maps, newsletters, brochures and pamphlets, and
by holding programs and seminars;
(10) To hold public hearings and to review applications for construction,
alteration, removal or demolition affecting landmarks or property within
preservation districts and issue or deny certificates of appropriateness
for such actions;
(11) To consider applications for certificates of economic hardship that
would allow the performance of work for which a certificate of appropriateness
may be, or has been denied;
(12) To develop specific criteria and guidelines for the proper alteration,
construction, demolition or removal of landmarks, or of property within
preservation districts;
(13) To review proposed amendments to zoning regulations, applications
for special uses or applications for zoning variations that affect any landmark
or preservation district. Proposed zoning amendments, applications for special
use or zoning variations that affect any landmark or preservation district
as defined in the ordinance establishing the preservation commission shall
be transmitted to the preservation commission for review and comment prior
to the date of the hearing by the county regional plan commission or zoning
board of appeals;
(14) To administer on behalf of the county board any property, or full
or partial interest in real property, including a conservation right, which
the county may have or accept as a gift or otherwise, upon designation by
the county board;
(15) To accept and administer on behalf of the county board such gifts,
grants and money or other personal property as may be appropriate for the
purposes of this Division. Such money may be expended for
publishing maps and brochures, or for hiring staff persons or consultants
or performing otherwise appropriate functions for the purpose of carrying
out the duties and powers of the preservation commission and the purposes
of this Division;
(16) To administer any system established by the county board for the
transfer of development rights;
(17) To call upon available county agencies and staff members as well
as other experts for technical advice;
(18) To retain such specialists or consultants, or to appoint such citizen,
neighborhood or area advisory committees, as may be required from time to time;
(19) To testify before all boards and commissions including any county
regional plan commission, and the zoning board of appeal on any matter
affecting potential or designated landmarks or preservation districts;
(20) To periodically review any county comprehensive plan and to develop
a preservation component in any comprehensive plan of the county and to
recommend it to the county regional plan commission and the county board;
(21) To periodically consult with the county zoning administrator and
review any county zoning ordinance and building code
and to recommend to the county regional plan commission and the county
board any amendments appropriate for the protection and continued use of
landmarks or property within preservation districts;
(22) To adopt rules and procedures for operation of the preservation
commission and the conduct of hearings and meetings;
(23) To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties, or to implementation of
the purposes of this Division.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/5-30012) (from Ch. 34, par. 5-30012)
Sec. 5-30012.
Appointment of preservation commission.
The county board may by ordinance appoint a preservation commission
from names submitted by the presiding officers of the county board. The
preservation commission shall consist of at least five members. All members
shall be residents of the county and may be residents of incorporated cities,
villages and towns within the county. The chief executive officer of the
county board shall make every reasonable effort to nominate to the preservation
commission at least one attorney, one historian or architectural historian,
one architect/engineer and one real estate professional knowledgeable in
preservation, and the other members shall be persons with a demonstrated
interest in pre-history, history, or architecture. Terms of the initial
members shall be staggered so that at least five serve respectively for the
following terms: one for one year; one for two years; one for three years;
one for four years; and one for five years. Any additional initial members
shall also serve terms staggered in the same sequence. Successors to
initial members so appointed shall serve for five year terms. One of the
members so appointed shall be named as chairman at the time of appointment
and other officers may be elected by the preservation commission. Vacancies
shall be filled by the county board from names submitted by the presiding
officer of the county board. Any preservation commission member may be
removed by the county board for cause, after public hearing.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30013) (from Ch. 34, par. 5-30013)
Sec. 5-30013.
Meetings of preservation commission.
Meetings of a preservation commission shall be held monthly,
except in those months when no business is pending, and shall
be held at such times and places within the county as the
preservation commission shall decide. All meetings shall be
open to the public. The preservation commission shall keep
minutes of its proceedings, showing the vote of each member
upon every question, or if absent or failing to vote, and
shall also keep records of its official actions.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30014) (from Ch. 34, par. 5-30014)
Sec. 5-30014.
Nomination of landmarks and preservation
districts. The preservation commission or any
person may propose landmarks of preservation districts for designation by
the county board by filing a nomination with the preservation commission
and it shall contain all information required by the ordinance establishing
a county preservation commission. The preservation
commission shall schedule a hearing on the nomination within 60 days of its
receipt. Notice of the public hearing shall be published at least 15 days
in advance thereof in a newspaper of general circulation in the county.
Individual notice including a copy of the nomination form shall be given
by mail to all owners of record of property nominated as a landmark. Every
effort shall be made to give notice to owners of record of property within
a preservation district and to owners of property adjacent and immediately
surrounding a landmark or preservation district affected by the process for
the application for, and review of,
a certificate of appropriateness. The newspaper and any individual or general
notice shall state the date, time, place, and purpose of the public hearing.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30015) (from Ch. 34, par. 5-30015)
Sec. 5-30015.
Conduct of public hearing.
Oral or written testimony
shall be taken at the public hearing from any person concerning the
nomination. The preservation commission may solicit expert testimony or
present its own evidence regarding the historic, archaeological,
architectural, or scenic significance of a proposed landmark or of any
property within a proposed preservation district. The owner of any proposed
landmark or of any property within a proposed preservation district shall
be allowed reasonable opportunity to present evidence regarding historic,
archaeological, architectural or scenic significance and shall be afforded
the right of representation by counsel and reasonable opportunity to cross
examine expert witnesses. The hearing shall be closed upon completion of
testimony.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30016) (from Ch. 34, par. 5-30016)
Sec. 5-30016.
Recommendation of preservation commission.
Within 60
days following close of the public hearing, the preservation commission
shall make its determination upon the evidence whether the proposed
landmark or preservation district does or does not meet the criteria for
designation. A recommendation to the county board that the proposed
landmark or preservation district does or does not meet the criteria for
designation and should or should not be designated shall be passed by
resolution of the preservation commission, and such a recommendation shall
be accompanied by a report stating the findings of the preservation
commission concerning the historic, archaeological, architectural or scenic
significance of the proposed landmark or preservation district.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30017) (from Ch. 34, par. 5-30017)
Sec. 5-30017.
Designation by ordinance; publication of map.
The county board, upon a recommendation
from the preservation commission that the proposed landmark or preservation
district should be designated, shall review the report and recommendations
of the preservation commission. The county board may schedule a public
hearing concerning the proposed designation and shall provide notice of any
public hearing in the same manner as provided in Section 5-30014 and
conduct the public hearing in the same manner as provided
in Section 5-30015. The county board after reviewing
the report and recommendation shall within 90 days from receipt of the
recommendation of the preservation commission take one of the following
steps: (1) designate the landmark or preservation district by ordinance;
(2) refer the report and recommendation back to the preservation commission
with suggestions for revisions and a further report and recommendation
stating its reason for such action. Notice of the action of the county
board including a copy of the ordinance designating the landmark or
preservation district shall be sent by regular mail to each owner of record
of a landmark or property within a preservation district and to owners of
adjacent and immediately surrounding property affected by the process for
the application for, and review of, a certificate of appropriateness. A map
showing the location of all designated landmarks and preservation districts
shall be published and amended upon each designation. Copies of the map
shall be available to the public at the office of the preservation
commission and at the same location and in the same manner as any county
zoning map.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30018) (from Ch. 34, par. 5-30018)
Sec. 5-30018.
Certificate of appropriateness.
A certificate of
appropriateness from a preservation commission established pursuant to this
Division shall be required before any significant alteration, construction,
demolition or removal that affects pending or designated landmarks and
preservation districts is undertaken. Such a certificate is required for
all such actions from the date a nomination in proper form for designation
is submitted to the preservation commission. The preservation ordinance
enacted by the county board shall give the preservation commission one or
the other of the following powers:
(1) final authority to deny a certificate of appropriateness upon a finding
that the proposed action will adversely affect the historic, archaeological,
architectural, or scenic significance of a landmark or preservation
district; or (2) authority to delay the issuance of a certificate of
appropriateness for a reasonable period of time while negotiations between
the property owner and the preservation commission are undertaken to lessen
the effect of the proposed action on the historic, archaeological,
architectural, or scenic significance of the landmark or preservation
district. The preservation commission may hold a public hearing on an
application for a certificate of appropriateness in the same manner as
provided in Section 5-30014, and conduct the hearing
on appropriateness in the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30019) (from Ch. 34, par. 5-30019)
Sec. 5-30019.
Certificate of economic hardship.
A certificate of economic hardship shall be issued by a preservation
commission established pursuant to this Division upon a
determination by it that the failure to issue a certificate
of appropriateness has denied, or will deny, the owner of a landmark or
of a property within a preservation district all reasonable use of, or return
on, the property. Application for a certificate of economic hardship shall
be made on a form and in a manner as prescribed by the preservation commission.
The preservation commission may schedule a public hearing concerning the
application and provide notice in the same manner as in Section 5-30014
and conduct the hearing concerning economic hardship in
the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30020) (from Ch. 34, par. 5-30020)
Sec. 5-30020.
Evidence of economic hardship.
An applicant for a
certificate of economic hardship may submit any or all of the following
information in order to assist a preservation commission in its
determination on the application:
(1) Amount paid for the property, the date of purchase and the party from
whom purchased, including a description of the relationship, if any, between
the owner of record or applicant and the person from whom the property was
purchased, and any terms of financing between seller and buyer;
(2) Assessed value of the property according to the two most recent
assessments;
(3) Real estate taxes for the previous two years;
(4) Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two years;
(5) All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership of
the property;
(6) Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(7) Any consideration by the owner as to profitable adaptive uses for
the property;
(8) If the property is income-producing, the annual gross income from
the property for the previous two years, itemized operating and maintenance
expenses for the previous two years, depreciation deductions and annual cash
flow before and after debt service, if any, during the same period;
(9) Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(10) Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, necessary to a
determination as to whether the property can be reasonably used or yield a
reasonable return to present or future owners.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-30021) (from Ch. 34, par. 5-30021)
Sec. 5-30021. Determination of economic hardship. The preservation
commission, upon a determination after review of all evidence and
information that the denial of a certificate of appropriateness has denied,
or will deny the owner of a landmark or of a property within a preservation
district of all reasonable use of, or return on, the property, shall
undertake one or the other of the following actions:
(1) offer the owner of the property reasonable | ||
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(2) offer to purchase the property at a reasonable | ||
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(3) issue a certificate of appropriateness for the | ||
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(Source: P.A. 94-1055, eff. 1-1-07.)
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(55 ILCS 5/5-30022) (from Ch. 34, par. 5-30022)
Sec. 5-30022.
Appeals.
The final denial of a certificate of
appropriateness or a certificate of economic hardship by a preservation
commission is an administrative decision as defined in Section 3-101 of the
Administrative Review Law, and it shall be subject to judicial review
pursuant to provisions of said Administrative Review Law and all amendments
and modifications thereof, and the rules adopted thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-31 heading) Division 5-31.
County Historical Museum Districts
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(55 ILCS 5/5-31001) (from Ch. 34, par. 5-31001)
Sec. 5-31001.
Subtitle.
This Division shall be subtitled the County
Historical Museum District Law.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31002) (from Ch. 34, par. 5-31002)
Sec. 5-31002.
Purpose.
The purpose of this
Division is to provide for the creation of county historical
museum districts to acquire real property and collect and curate materials
which help establish or illustrate the history of the county in such
aspects as its exploration, settlement, development, activities in peace
and war and progress in population, wealth, education, arts, science,
agriculture, manufactures, trade and transportation. The museum district
shall collect: printed material such as histories, genealogies, biographies,
descriptions, gazetteers, directories, newspapers, pamphlets, catalogues,
circulars, handbills, programs and posters; manuscripts such as
letters, diaries, journals, memoranda, reminiscences, rosters, service records,
account books, charts, surveys and field books; and other museum material
such as pictures, photographs, paintings, portraits, scenes, aboriginal
relics and objects.
The museum district shall provide for the preservation of and public access
to such materials for examination and study; shall cooperate in ensuring
the preservation and accessibility of the records and archives of the
county and its cities, towns, villages, and institutions; and shall assist
in ensuring the preservation of historical buildings, monuments and markers.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31003) (from Ch. 34, par. 5-31003)
Sec. 5-31003.
Definitions.
As used in this
Division unless the context otherwise requires:
(a) "museum district" means a museum district organized under this Division.
(b) "board" means the board of trustees of a museum district.
(c) "trustee" means a trustee of a museum district.
(d) "political party" means a political party as defined in Section 7-2
of The Election Code.
(e) "political office" means any office to which a person is elected or
appointed to discharge a public duty for the State or any of its political
subdivisions and which is established and the qualifications and
duties for which are prescribed by law.
(f) "development of real property" means the construction, installation,
planting or creation of any permanent improvement of real property in which
a museum district has or has taken steps to acquire an interest.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31004) (from Ch. 34, par. 5-31004)
Sec. 5-31004.
Election.
(a) In any county having less than 1,000,000
population which is not organized as a forest preserve district
and in which the county board has not in any 3 of the past 5 years levied
taxes in support of an historical museum as authorized by Division 6-23,
at least 1% of the voters may file with the circuit clerk of the county a
petition addressed to the circuit court of the county requesting the
creation of a county historical museum district, the boundaries of which
shall be those of the county. At least 1% of the voters in each county of a
group of not more than 5 contiguous counties, each of which has less than
1,000,000 population and none of which is organized as a forest preserve
district and in none of which the county board has in any 3 of the past 5
years levied taxes in support of an historical museum as authorized by
Division 6-23, may jointly file with the circuit clerk of the county having
the largest population a petition addressed to the circuit court of the
county having the largest population requesting the creation of an
historical museum district, the boundaries of
which shall be those of the counties as a whole. If the museum district
shall embrace more than one county, the petition shall be accompanied by
the written approval of the Illinois State Museum. A museum district
composed of a single county shall be designated by the name of the county.
The circuit court of the county shall set the petition for hearing. The
petition shall set forth (1) a description of the territory to be embraced
in the proposed museum district, (2) the names of the municipalities
located within the area, (3) the name of the proposed museum district, (4)
the population of the museum district, and request that the question be
submitted to the electors residing within the limits of the proposed museum
district whether they will establish a museum district under this
Division to be known as .... Historical Museum District. The
petitioners in and by the petition shall designate one or more persons to
represent them on the petition, and in the proceedings thereon in the
circuit court, with authority to amend, to move to dismiss, or to withdraw
the petition. The circuit court shall set the petition for hearing within
not less than 30 nor more than 40 days after the filing of the petition
with the circuit clerk.
Notice shall be given by the circuit court of the time and place
where the hearing will be held, by publication on 3 separate days in one
or more newspapers having a general circulation within the territory
proposed to be incorporated as a museum district, the first of which
publications shall be not less than 20 days prior to the date set for
the hearing and if there is no such newspaper, then such notice shall be
posted in 10 of the most public places in such territory, not less than
20 days prior to the date set for the hearing. This notice shall include
a description of the territory as set out in the petition, names of
municipalities located therein and the name of the proposed museum district and
the question of creating such area into a museum district.
The filing fee on the petition and costs of printing and publication
or posting of notices of public hearing thereon shall be paid in advance
by the petitioners, and, if a museum district is organized under this
Division, they shall be reimbursed out of the funds received by
the museum district from taxation or other sources.
(b) The court may continue the hearing on the petition from time to time.
During the public hearing the petitioners may
move to amend the petition or to dismiss or to withdraw it,
and any such motion shall be allowed by the court. If such petition is
not dismissed or withdrawn, the court by written order shall find and
determine whether such territory meets the requirements of this
Division, and the sufficiency of the petition as filed or
amended, and of the proceedings thereon.
Should 2 or more petitions covering in part the same territory be
filed prior to the public hearing, such petitions shall be consolidated
for public hearing, and hearing upon the first petition which is filed
may be continued to permit the giving of notice of any such subsequent
petition or petitions. At the public hearing upon such petitions, the
petitioners in the petition first filed may move to amend such petition
to include any part of the territory described in the subsequent
petition or petitions, either as originally filed or as amended. Any
such motion shall be allowed by the court. The public hearing shall
proceed upon the first petition as originally filed or as so amended,
and further proceedings upon any such other petitions subsequently filed
shall be stayed and held in abeyance until the termination of all
proceedings upon the first petition, or any such petition may be
dismissed or withdrawn upon motion of the petitioners therein by their
representatives.
If such territory, petition and proceedings meet the requirements of
this Division, the court shall in, and by the order finding and
determining the sufficiency of the petition and that the territory meets
the requirements of this Division or by a separate order,
order the proposition submitted to referendum in accordance with the
general election law. The clerk of the circuit court shall certify the
order and the proposition to the appropriate election officials who shall
submit the proposition to the voters at an election in accordance with the
general election law.
(c) In addition to the requirements of the general election law,
notice of the referendum shall state briefly the purpose of the referendum
and shall include a description of the
territory. The notice shall further state that any such museum district
upon its establishment shall have the powers, objects and purposes provided
by this Division, including the power to levy a tax of not to
exceed .02 per cent of value, as equalized or assessed by the Department of
Revenue, of all taxable property within the area of the museum district.
Each legal voter residing within the territory shall have a right to cast a
ballot at such election. The proposition shall be in substantially the following form:
Shall the County Historical Museum District Law be adopted and the.... Historical Museum District be established? YES If established, the Museum District will have the powers, objects and purposes provided by the Law, including the power to levy a tax of not to exceed .02 per cent of the value NO of taxable property, as equalized or assessed by the Department of Revenue.
The court shall cause the order
determining and declaring results of the election to be entered of record
in the court and a certified copy thereof shall be filed with
the circuit clerk of each such other county who shall cause the same to
be filed in the records of the court of such county.
(d) If a majority of the voters in any county voting upon the question
of the adoption of this Division and the establishment of a
museum district shall be favorable, the inhabitants thereof shall be deemed
to have accepted the provisions of this Division, and the
territory of the approving county or counties shall thenceforth be deemed
an organized museum district under this Division, having the
name stated in the petition which shall be evidenced by an order to be
entered of record by the court.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31005) (from Ch. 34, par. 5-31005)
Sec. 5-31005.
Board of trustees.
The affairs of a museum district
shall be managed by a board of 5 trustees. If the museum district is
composed of one county, the trustees shall be residents of the county. If
the museum district is composed of 2 counties, 3 trustees shall be
residents of the county with the larger population and 2 shall be residents
of the other county. If the museum district is composed of 3 counties, one
trustee shall be a resident of the county with the smallest population and
the remaining trustees shall be residents 2 each of the other counties. If
the museum district is composed of 4 counties, 2 trustees shall be
residents of the county with the largest population and the remaining
trustees shall be residents one each of the other counties. If the museum
district is composed of 5 counties, one trustee shall be a resident of each
county.
The chairman of the county board for the county of which the trustee is
a resident shall, with the consent of the county board, appoint
the first trustees who shall hold office for terms expiring on June 30
after one, 2, 3, 4 and 5-year periods respectively as determined
by lot. Successor trustees shall be appointed in the same manner no later
than June 1 prior to the commencement of their terms. Trustees shall be
selected on the basis of their demonstrated interest in
the purpose of the museum district.
Each successor trustee shall serve for a term of 5 years. A vacancy
shall be filled for the unexpired term by appointment of a trustee by the
county board chairman of the county of which the trustee shall be a
resident, with the approval of the county board of that county. When any
trustee during his term of office shall cease to be a bona fide resident of
the museum district, he is disqualified as a trustee and his office becomes
vacant.
Trustees shall serve without compensation but may be paid their actual
and necessary expenses incurred in the performance of official duties.
A trustee may be removed for cause by the county board chairman for the
county of which the trustee is a resident, with the approval of the county
board of that county, but every such removal shall be by a written order
which shall be filed with the county clerk.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31006) (from Ch. 34, par. 5-31006)
Sec. 5-31006.
Organization of board.
Within 60 days after their
appointment, the trustees shall organize by selecting from their number a
president, secretary, treasurer and such other officers as are deemed
necessary who shall hold office for the fiscal year in which elected and
until their successors are selected and qualified. Three trustees shall
constitute a quorum of the board for the transaction of business. The
board shall hold regular monthly meetings. Special meetings may be called
by the president and shall be called on the request of a majority of members.
The board shall provide for the proper and safe keeping of its permanent
records and for the recording of the corporate action of the museum district.
It shall keep in order proper systems of accounts showing a true and accurate
record of its receipts and disbursements, and it shall cause an annual audit
to be made of its books, records, and accounts.
The museum district shall annually make a full and complete report to the
county board of each county within the museum district and to the Illinois
State Museum of its transactions and operations for the preceding year.
Such report shall contain a full statement of its receipts, disbursements
and the program of work for the period covered, and may include such
recommendations as may be deemed advisable.
Executive or ministerial duties may be delegated to one or more trustees
or to an authorized officer, employee, agent, attorney or other
representative of the museum district.
All officers and employees authorized to receive or retain the custody
of money or to sign vouchers, checks, warrants or evidences of indebtedness
binding upon the museum district shall furnish a surety bond for the faithful
performance of their duties and the faithful accounting for all moneys that
may come into their hands in an amount to be fixed and in a form to be approved
by the board.
All contracts for supplies, materials or work involving an expenditure in
excess of $4,000 shall be let to the lowest responsible bidder after due
advertisement except work requiring personal confidence or necessary
supplies under the control of monopolies where competitive bidding is
impossible. All contracts for supplies, materials or work shall be signed
by the president of the board and by any such other officers as the board
in its discretion may designate.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31007) (from Ch. 34, par. 5-31007)
Sec. 5-31007.
Funds.
The board of any museum district, when
requested by the treasurer, shall designate a bank, banks or other
depository in which the funds received by the treasurer may be placed.
Each designated depository shall furnish the museum district with
a copy of all statements of resources and liabilities which it is required
to furnish to the Commissioner of Banks and Real Estate
or to the Comptroller of the Currency. No bank is qualified to receive museum
district funds until it has furnished the museum district with copies of the 2
most recent statements.
The treasurer of the museum district shall be discharged from responsibility
for all funds while they are in a designated bank or
depository, except that the amount of such deposits shall not exceed 75%
of the capital stock and surplus of such bank or depository. The treasurer
shall not be discharged from responsibility for any funds deposited
in excess of such limitation.
When a bank has been designated as a depository it shall continue as such
until 10 days after a new depository is designated and is qualified.
When a new depository is designated, the museum district shall notify the
sureties of the treasurer of that fact in writing at least 5 days before
the transfer of funds.
(Source: P.A. 89-508, eff. 7-3-96.)
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(55 ILCS 5/5-31008) (from Ch. 34, par. 5-31008)
Sec. 5-31008.
Ordinances.
All ordinances of the board
imposing any penalty or making any appropriations shall be published at
least once a week for 2 weeks in at least one general circulation newspaper
published in the museum district. If no newspaper of general circulation is
published in the museum district, copies of such ordinances shall be posted
in at least 15 conspicuous public places in the museum district. No such
ordinance shall take effect until 10 days after it is so published or
posted. All other ordinances and resolutions shall take effect from and
after their passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of their publication
may be proven in court by the certificate of the secretary under the seal
of the museum district and, when printed in book or pamphlet form and
purporting to be published by the museum district, such book or pamphlet
shall be received as evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book or pamphlet.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31009) (from Ch. 34, par. 5-31009)
Sec. 5-31009.
Judicial effect.
The courts of this State
shall take judicial notice of the existence of a museum district
and its jurisdiction. A museum district shall constitute a body corporate
and public and as such may sue and be sued.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31010) (from Ch. 34, par. 5-31010)
Sec. 5-31010.
Consultation.
Every museum district
shall seek the guidance of and consult with the Illinois State Museum and
related agencies on all matters relating to preservation and restoration
policies and plans.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31011) (from Ch. 34, par. 5-31011)
Sec. 5-31011.
Preservation.
Every museum district
shall consider the preservation of natural conditions and protection of any
material which may help to establish or illustrate the history of the
county as part of its principal purpose and shall assist any cities, towns,
villages and institutions to preserve materials.
A museum district may dedicate the preservation of historical
buildings, monuments and markers so as not to conflict with national, State
or other local similar designations.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)
Sec. 5-31012. Powers of district. To the extent necessary to
carry out the purpose of this Division and in addition to any
other powers, duties and functions vested in museum districts by law, but
subject to limitations and restrictions imposed elsewhere by this
Division or other law, a museum district is authorized and empowered:
(a) To adopt bylaws, adopt and use a common seal, | ||
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(b) To make and publish all ordinances, rules and | ||
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(c) To study and ascertain the museum district | ||
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(d) To acquire by gift, devise, purchase, lease, | ||
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(e) To acquire any or all interest in real or | ||
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(f) To classify, designate, plan, develop, preserve, | ||
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(g) To accept gifts, grants, bequests, contributions | ||
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(h) To employ and fix the compensation of an | ||
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(i) To charge and collect reasonable fees for the use | ||
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(j) To police its property and to exercise police | ||
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(k) To lease land for a period not longer than 50 | ||
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(l) To lease any building or facility constructed, | ||
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(m) To make grants to not-for-profit historical | ||
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(Source: P.A. 100-695, eff. 8-3-18.)
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(55 ILCS 5/5-31013) (from Ch. 34, par. 5-31013)
Sec. 5-31013.
Transfer of property.
No personal or
real property may be disposed of, sold, conveyed or otherwise transferred
except upon approval of 3/5 of the district trustees.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31014) (from Ch. 34, par. 5-31014)
Sec. 5-31014.
Finance.
The fiscal year of each museum
district shall commence July 1 and extend through the following June 30.
The board of each museum district shall, on or before the second
Tuesday in September of each year, adopt a combined annual budget and
appropriation ordinance as provided in The Illinois Municipal Budget Law.
Except as otherwise provided in this Division, a museum
district may annually levy taxes at the following rates and for the
following purposes upon the value of the taxable property within the museum
district as equalized or assessed by the Department of Revenue:
(a) .01% for the general purposes of the museum district,
including acquisition and development of real property which may be in excess
of current requirements and allowed to accumulate from year to year,
to not more than .05% of the equalized assessed value of property within
the museum district.
(b) .01% for acquisition of historic properties both real and personal
which may be in excess of current requirements and allowed to accumulate
from year to year, to not more than .10% of the equalized assessed value of
the property within the museum district. However, this levy may be used
also for the development of real property and for the general purposes of
the museum district.
Unless otherwise provided by law, a museum district may
not levy annual taxes for all its purposes in the aggregate in excess of
.02% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property therein.
After the adoption of the appropriation ordinance and on or before the
second Tuesday in September of each year, the board shall ascertain the
total amount of the appropriations which are to be provided
from tax levies for the current year. Then, by an ordinance specifying
in detail the purposes for which such appropriations have been made and
the amounts appropriated for such purposes, the board shall levy
upon the taxable property within the museum district a tax the proceeds of
which shall not exceed the amount so ascertained. A certified copy of such
ordinance shall be filed on or before the first Tuesday in October with the
clerk of each county within the museum district.
However, if the museum district has levied such tax at a rate lower
than the maximum rate set forth in this Section, the board of trustees may
increase the rate of the tax, but not exceeding such maximum rate, by following the
procedures set forth above in this Section and then by certifying the
proposition of such increase to the proper election officials for
submission to the voters of the museum district at a regular election in
accordance with the general election law. The proposition shall be in
substantially the following form:
Shall the maximum rateof the tax levied by the County YESHistorical Museum Districtfor the purposes provided by the County Historical Museum DistrictLaw be increased from ....... NOto .......(not to exceed .02%)?
If a majority of all the votes cast upon the proposition are in favor
thereof, the board of trustees may levy the tax at a rate not to exceed the
rate set forth in this Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31015) (from Ch. 34, par. 5-31015)
Sec. 5-31015.
Donations.
Gifts, contributions and bequests of money
and all licenses, fees, charges and other revenue received or collected by
the museum district shall be deposited in the treasury of the museum
district to be used for the purchase of land, property and equipment and
the payment of expenses incurred in carrying out the activities of the
museum district, except that moneys given upon specified trust shall be
held and applied in accordance with such trust.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31016) (from Ch. 34, par. 5-31016)
Sec. 5-31016.
Indebtedness.
Whenever a museum district does not have
sufficient money in its treasury to meet all necessary expenses and
liabilities, it may issue tax anticipation warrants. Such issue of tax
anticipation warrants shall be subject to the provisions of Section 2 of
"An Act to provide for the manner of issuing warrants upon any county,
township, or other municipal corporation or quasi municipal corporation, or
of any farm drainage district, river district, drainage and levee district,
fire protection district and jurors' certificates", approved June 27, 1913,
as now or hereafter amended.
No museum district shall become indebted in any manner or for any purpose
in an amount, including existing indebtedness, in the aggregate exceeding
.25% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property within the museum district.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31017) (from Ch. 34, par. 5-31017)
Sec. 5-31017. Historical buildings. Nothing in this Division shall
prohibit the museum district from appropriating funds as otherwise provided
in this Division for the construction, equipment, extension, improvement,
operation or maintenance of any historical building, monument or marker.
Provided, however, that any work performed on any historical building,
monument or marker listed on the National Register of Historic Places or
deemed eligible for such listing shall be conducted within such guidelines
as are established by the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
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(55 ILCS 5/5-31018) (from Ch. 34, par. 5-31018)
Sec. 5-31018.
Assistance.
A museum district may apply for and
receive the grant or loan of money or other financial aid necessary for the
undertaking, performance or execution of any of its purposes from any
department or agency of the State or federal government. A museum district
may undertake any of its activities aided by, in cooperation with, or as a
joint enterprise with any department or agency of the State or federal
government or any other museum district, forest preserve district,
conservation district, park district, school district, planning commission,
county board, municipality or other governmental unit.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31019) (from Ch. 34, par. 5-31019)
Sec. 5-31019.
Existing county museum tax levy.
Nothing in this
Division shall be construed to prohibit or modify existing tax levies for
county museums as authorized by Division 6-23.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31020) (from Ch. 34, par. 5-31020)
Sec. 5-31020.
Dissolution.
At least 5% of the voters of a museum
district which has been in existence for at least 3 years may file with
the circuit clerk of the county comprising the museum district or the
county within the museum district having the largest population a petition
addressed to the circuit court of the county requesting dissolution of the
museum district.
A hearing shall be held thereon as nearly as possible as in the case of a
formation petition. If upon the hearing, the court finds that the petition
is sufficient it shall certify the proposition to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the general election law. The proposition shall be
substantially in the following form:
Shall the ...... YESHistorical Museum District be dissolved? NO
If a majority of the votes cast on the proposition are in favor of
dissolution, the court shall by order declare the museum district dissolved.
If the vote is not in favor of the dissolution of the museum district,
the proposition to dissolve the museum district shall not again be
submitted to a vote for a period of 3 years. If the vote is in favor of
dissolution of the museum district, the board shall close the affairs of
the museum district and all property, excluding real property, shall be
conveyed within 12 months to the Illinois State Museum or to such State or
county agency, State university, community college, private college or
other such semi-public, tax exempt, organization as the district trustees
shall designate upon the approval of the director of the Illinois State
Museum. Any remaining property may then be conveyed to the county board.
The Attorney General of the State of Illinois shall be responsible for the
enforcement of this Division and shall see that no liquidation of any
property acquired by any district established by this Division shall
violate these provisions.
All money remaining after the business affairs of the museum district
have been closed, and its debts and obligations have been paid, shall be
paid to the county comprising the museum district. If the museum district
is located in more than one county, then all such remaining money shall be
paid to each county on a pro rata basis of the assessed value of property
of the museum district located in each county. All conveyances of real
property shall be subject to the approval of the Illinois State Museum.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31021) (from Ch. 34, par. 5-31021)
Sec. 5-31021.
Construction.
This Division shall be construed as
supplemental and in addition to existing statutory authority and as
providing an independent method of financing the cost of acquiring lands or
rights thereof and holding the same for historical purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31022) Sec. 5-31022. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district. The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 98-1002, eff. 8-18-14.) |
(55 ILCS 5/Div. 5-32 heading) Division 5-32.
Local Improvements
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(55 ILCS 5/5-32001) (from Ch. 34, par. 5-32001)
Sec. 5-32001.
Right to make local improvements.
Any county may make
a local improvement outside of a municipality, as defined in Section 1-1-2
of the "Illinois Municipal Code", whenever the public necessity requires
such improvement, subject only to the limitations prescribed in this
Division. This Division shall not be construed as repealing any other laws
with respect to county government, but shall be considered as an additional
grant of power for the purposes herein set out. Any number of streets,
avenues, lanes or alleys, sidewalks, or any other public places, or parts
thereof, or private roads or streets, in platted subdivisions of the county
to be improved may be included in one proceeding, as provided in this
Division, even though they may be intersected by previously improved
streets, avenues, roads or alleys which are not included in the proceeding,
where they are contiguous or part of a connected system with reciprocal
benefits. This Division shall not be construed to limit the powers of
municipalities contained in Article 11 of the Illinois Municipal Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32002) (from Ch. 34, par. 5-32002)
Sec. 5-32002.
Definitions.
In this Division the following terms have
the meanings ascribed to them unless the context indicates otherwise:
"Local improvements" means the constructing, installing, improving or
extending of storm sewers, sanitary sewers or water mains; the improving,
widening, extending or repairing of any street, highway, road,
boulevard, alley, sidewalk or other public way; the constructing,
installing or repairing of curbs, gutters, street lights and all necessary
appurtenances thereto; or any combination thereof, within or abutting on
any platted subdivision either prior to or after any structures are placed
within such platted subdivision.
"Platted subdivision" is any described tract of land which has been
divided into 2 or more lots or parcels which involved the creation of a new
street and which has been recorded.
"County" means any county in this State which is not a home rule unit.
"Attorney" means the attorney employed by the county committee
of local improvements to furnish the necessary legal services in connection
with any local improvement to be constructed under this Division.
"Engineer" means the engineer employed by the county committee
of local improvements to prepare the necessary plans, estimates and
specifications, and supervise construction of any local improvement to be
constructed under this Division.
"Committee" means the Committee of Local Improvements created by this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32003) (from Ch. 34, par. 5-32003)
Sec. 5-32003.
Committee of local improvements.
There is created the
Committee of Local Improvements consisting of the presiding officer of the
County Board, or some person designated by him as his representative for
the purposes of this Committee, the county engineer or superintendent of
highways or administrative head of the county department
of public works as determined by such presiding officer, and 3 members of
the County Board appointed by the presiding officer of the county board
with the advice and consent of the county board. The Committee shall elect
from its members a president, except that the Chairman or President of the
County Board, or his representative, as the case may be is prohibited from
serving in that capacity. The county board shall provide by resolution for
compensation not to exceed $15 per day for each member while performing his
duties as a member of the Committee. The Committee may employ a secretary
who shall keep the minutes of the Committee's proceedings and be the
custodian of all papers pertaining to the business of the Committee and
shall perform all other duties the Committee prescribes.
(Source: P.A. 86-962; 87-217.)
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(55 ILCS 5/5-32004) (from Ch. 34, par. 5-32004)
Sec. 5-32004.
Origination of local improvements.
The Committee may
originate a local improvement as defined in this Division anywhere in the
county outside of a municipality, as defined in Section 1-1-2 of the
"Illinois Municipal Code", as amended, such improvement to be paid for by
special assessment, either with or without a petition, by the adoption of a
resolution describing the local improvement abutting or within the platted
subdivision to be so improved. This resolution shall be at once transcribed
into the records of the Committee and shall be presented to the members of
the county board at any regularly scheduled meeting accompanied by a
recommendation from the Committee for the adoption of a resolution by the
county board describing the public way to be so improved.
A resolution adopted without a petition shall be revoked by the county
board without further action on the improvement sought if the owners of
record of more than one-half of the property abutting on or within any
platted subdivision located outside the boundaries of a municipality
object, by petition, by individual objections in writing, or by a
combination of petitions and individual objections. Objections and
petitions against an improvement shall be filed within 30 days of
notification to the owners of record of the assessment.
Proceedings to make a local improvement also may be instituted whenever
the owners of record of one-half the property abutting on or within any
platted subdivision located outside the boundaries of a municipality,
petitions the Committee of the county for a local improvement thereon. The
Committee shall present such petition to the members of the county board at
a regularly scheduled meeting, and recommend the adoption of a resolution
by the board describing the public way to be so improved. If the
resolution is so adopted by the county board, the Committee of local
improvements shall proceed with all of the necessary steps for the
improvement.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32005) (from Ch. 34, par. 5-32005)
Sec. 5-32005.
Applicability of Division.
The provisions
of this Division may be made applicable to improvement of a
private street or road upon petition signed by 3/5 of the owners
of record of properties abutting or served by such private street
or roadway. The petition shall be filed with the Committee and is
subject to the provisions of Section 5-32004 and subsequent
provisions of the Division. Upon completion of the improvement,
the improvement is to be incorporated into the township or district
road system as provided in Section 6-325 of the Illinois Highway Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32006) (from Ch. 34, par. 5-32006)
Sec. 5-32006.
Public hearing on resolution.
After the adoption of
the resolution for a local improvement as provided for in this Division,
the Committee by a resolution shall fix a day and hour for a public hearing
thereon. The hearing shall be not less than 10 days after the adoption of
the resolution. The Committee shall also have an estimate of the cost of
the improvement made in writing and signed by the president. This estimate
shall be itemized to the satisfaction of the Committee and shall be made a
part of the records of the resolution.
Notice of the time, place and hour of the proposed hearing shall be sent
by mail directed to all persons who paid the general taxes for the last
preceding year on each lot, block, tract or parcel of land fronting on the
proposed improvement and to all municipalities the boundaries of which lie
within one and one-half miles from the location of the proposed local
improvement not less than 5 days prior to the time set for the public
hearing.
These notices shall contain
1. The substance of the resolution adopted by the Committee;
2. The estimate of the cost of the proposed improvement;
3. A notification that the nature, extent, kind, character and the
estimated cost of the proposed improvement may be changed by the Committee
at the public hearing thereon.
If, upon the hearing the Committee considers the proposed improvement
desirable it shall adopt a resolution and prepare and submit an ordinance
therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32007) (from Ch. 34, par. 5-32007)
Sec. 5-32007.
Conduct of public hearing.
At the time and place fixed
in the specified notice for the public hearing, the Committee shall meet
and hear the representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the nature thereof,
or the cost as estimated. In case any person appears to object to the
proposed improvement or any of the elements thereof at the public hearing
the Committee shall adopt a new resolution abandoning the proposed
improvement or adhering thereto or changing, altering or modifying the
extent, nature, kind, character and estimated cost provided the change does
not increase the estimated cost of the improvement to exceed 20% of such
cost without a further public hearing thereon as it considers most desirable.
Thereupon, if the proposed improvement is not abandoned, the Committee
shall have an ordinance prepared to be submitted to the county board at a
regularly scheduled meeting. This ordinance shall prescribe the nature,
character, locality and description of the improvement and shall provide
that the improvement shall be made wholly by special assessment of
contiguous abutting property.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32008) (from Ch. 34, par. 5-32008)
Sec. 5-32008.
Recommendation of improvement.
Accompanying
any ordinance for a local improvement presented by the Committee
shall be a recommendation of such improvement by the Committee
signed by at least a majority of the members thereof. The
recommendation by the Committee shall be prima facie evidence
that all of the requirements of the law have been complied with.
If a variance is shown in the proceedings in the Court it shall
not affect the validity of the proceedings unless the court
considers the variance willful or substantial.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32009) (from Ch. 34, par. 5-32009)
Sec. 5-32009.
Estimate of cost of improvement.
An estimate of the cost of the improvement including the cost of
engineering services as originally contemplated or as changed, altered, or
modified at the public hearing itemized so far as the Committee thinks
necessary shall be presented along with the ordinance and the
recommendation. This estimate of cost shall be presented over the signature
of the President of the Committee, who shall certify that, in his opinion,
the estimate of cost does not exceed the probable cost of the improvement
proposed and lawful expenses attending the improvement. The recommendation
by the Committee shall be prima facie evidence that it is based upon full
compliance with the requirements of the Division.
No ordinance for any local improvement to be paid for by special
assessment shall be considered or passed as provided for herein unless the
ordinance is first recommended by the Committee.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32010) (from Ch. 34, par. 5-32010)
Sec. 5-32010.
Petition for levy of special assessment.
Upon the passage of any ordinance for a local improvement pursuant
thereto, a petition shall be filed in the circuit court in the county where
the affected territory lies praying that steps be taken to levy a special
assessment for the improvement in accordance with the provisions of that
ordinance. There shall be attached to or filed with this petition a
certified copy of the ordinance and a copy of the recommendation of the
Committee and the estimate of cost as approved. The failure to file any or
either of these copies shall not affect the jurisdiction of the court to
proceed in the cause and to act upon the petition, but if it appears in any
such cause that the copies have not been attached to or filed with the
petition, before the filing of the assessment roll therein, then upon
motion of any objector for that purpose on or before appearance day in the
cause the entire petition and the proceedings shall be dismissed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32011) (from Ch. 34, par. 5-32011)
Sec. 5-32011.
Manner of assessment.
Upon the filing of such a
petition the President of the Committee shall appoint some competent person
who is a resident and elector of the county to make a true and impartial
assessment of, the cost of the specified improvement upon the property
benefited by the improvement.
The levying officer shall apportion and assess the amount found to be of
benefit to the property contiguous or abutting upon the improvement upon
the several lots, blocks, tracts and parcels of land in the proportion in
which they will severally be benefited by the improvement. No lot, block,
tract or parcel of land shall be assessed a greater amount than it will
actually be benefited. In levying any special assessment each lot, block,
tract or parcel of land shall be assessed separately in the same manner as
upon the assessment for general taxation.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32012) (from Ch. 34, par. 5-32012)
Sec. 5-32012.
Assessment roll.
The assessment and the amount as found by the levying officer shall be
known as the assessment roll. It shall contain,
1. A list of all of the lots, blocks, tracts and parcels of land
assessed for the proposed improvement;
2. The amount assessed against each;
3. The name of the person who paid the taxes on each such parcel during
the last preceding calendar year, in which taxes were paid as ascertained
upon investigation by the levying officer making the return or under his
direction;
4. The residence of the person so paying the taxes on each such parcel
if the residence on diligent inquiry can be found;
5. The amount of each installment shall also be stated.
The levying officer making the roll shall certify under oath that he
believes that the amount assessed against each parcel of property is just
and equitable and does not exceed the benefit which in each case will be
derived from the improvement, and that no lot, block, tract or parcel of
land has been assessed more than its proportionate share of the cost of the
improvement. Each lot or part of land owned and improved as one parcel may
be assessed as one parcel.
Notice shall be given by the levying officer of the nature of the
improvement, of the pendency of the proceedings, of the time and place of
the filing of the petition therefor, of the time and place of the filing of
the assessment roll and of the time and place at which application will be
made for the confirmation of assessment, the same to be not less than 15
days after the mailing of such notices. Notices shall be sent by mail
postage prepaid to each of the specified persons paying taxes on the
respective parcels during the last preceding year during which taxes were
paid at his residence as shown on the Assessment Roll. The notice shall
include the legal description of the property assessed, the amount assessed
to the person to whom it is directed for the improvement proposed and the
total amount of the improvement. An affidavit shall be filed before the
final hearing showing a compliance by the levying officer with the
requirements of this Division, and also showing that the
levying officer or some one acting under his direction made a careful
examination of the collector's books, showing the payment of general taxes during the last
preceding year in which the taxes were paid thereon, to ascertain the
person who last paid the taxes on the respective parcel and a diligent
search for his residence and that the report clearly states the person and
residence as ascertained by the affiant. This report and affidavit shall be
sufficient evidence for the purpose of this proceeding of the correctness
of the assessment roll in these particulars. In case the affidavit is found
in any respect willfully false, the person making it is guilty of perjury.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32013) (from Ch. 34, par. 5-32013)
Sec. 5-32013.
Installments; interest.
The ordinance provided for in
this Division shall provide that the aggregate amounts assessed in each
individual assessment shall be divided into
installments not more than 10 in number. Such division shall be made so
that all installments shall be equal in amount except that all fractional
amounts shall be added to the first installment so as to leave the
remaining of the aggregate equal in amount and each a multiple of $100. The
first installment shall be due and payable on January 2 next, after the
date of the first voucher issued on account of construction work done, and
the second installment one year thereafter and so on annually until all
installments are paid. The Committee shall file in the office of the Clerk
of the Circuit Court in which such assessment was confirmed a certificate
signed by its secretary of the date of the first voucher and the amount
thereof within 30 days after the issuance thereof. All installments shall
bear interest as hereinafter provided until paid at the rate of not to
exceed 7% annually. Interest on assessments shall begin to run from the
date of the first voucher issued on account of construction work done. The
interest on each installment shall be paid as follows: On January 2, next
succeeding the date of the first voucher as certified the interest accruing
up to that time on all unpaid installments shall be due and payable with
the installment, and thereafter the interest on all unpaid installments
then payable shall be payable annually and be collected therewith. In all
cases the County Collector, whenever payment is made on any installment,
shall collect interest thereon up to the date of such payment whether the
payment be made at or after maturity. Any person may at any time pay the
whole assessment against any lot, piece or parcel of land or any
installment thereof with interest as herein provided up to the date of the
payment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
Sec. 5-32014.
Special assessment notice.
The
Committee in addition to the notice in this Division provided for shall
publish a notice at least twice not more than 30 days nor less than 15 days
in advance of the time at which the confirmation of the specified
assessment is to be sought, in one or more newspapers published in the
county or if no newspaper is published therein then in one or more
newspapers with a general circulation in the county. The notice shall be
over the name of the levying officer and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the County of ....
has order that (herein insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file in the office
of the County Clerk, having applied to the Circuit Court of .... County,
for an assessment of the costs of the improvement according to benefits an
assessment therefor having been made and returned to that Court, a final
hearing thereon will be had on (insert date), or as soon thereafter as the
business of the Court will permit.
All persons desiring may file objections in that Court before that day
and may appear on the hearing and make their defense.
(Here give date)
NAME
.... (LEVYING OFFICER)."
The number of installments and the rate of interest also shall be stated.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-32015) (from Ch. 34, par. 5-32015)
Sec. 5-32015.
Extension of time for filing objections.
If 15 days have not elapsed between the first publication and the day
fixed in the notice for filing objections, the cause shall be continued for
15 days, and time for filing objections shall be correspondingly extended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32016) (from Ch. 34, par. 5-32016)
Sec. 5-32016.
Filing objections to report; default.
Any person
interested in any real estate to be affected by an assessment, may appear
and file objections to the report by the time mentioned in the specified
notice, or in case of incomplete notice than as specified in Section
5-32015, or within such further time as the court may allow. The court may
make an order in regard to the time of filing these objections but no prior
rule need be taken therefor unless directed by the court.
As to all lots, blocks, tracts and parcels of land, to the assessment of
which objections are not filed within the specified time, or such other
time as may be ordered by the court, default may be entered and the
assessment may be confirmed by the court, notwithstanding the fact that
objections may be pending and undisposed of as to other property.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32017) (from Ch. 34, par. 5-32017)
Sec. 5-32017.
Inquiries; powers of court.
Upon objections or motions for that purpose, the court in which the
specified proceeding is pending may inquire in a summary
way whether the
officer making roll has omitted any property benefited, and whether or not
the assessment as made and returned is an equitable and just distribution
of the cost of the improvement among the parcels of property assessed. The
court has the power upon such application being made, to revise and correct
the assessment levied or to change the manner of distribution among the
parcels of private property, so as to produce a just and equitable
assessment. The court may either make such corrections or change or
determine in general the manner in which the corrections or changes shall
be made and refer the assessment roll back to the levying officer for
revisions, corrections or alterations in such manner as the court may
determine.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-32018) (from Ch. 34, par. 5-32018)
Sec. 5-32018.
Hearing.
On the application of the petitioner, at any time after the return day,
the court may set down all objections, except the objection that the
property of the objector will not be benefited to the amount assessed
against it, and that it is assessed more than its proportionate share of
the cost of the improvement, for a hearing at a time to be fixed by the
court. Upon this hearing the court shall determine all questions relating
to the sufficiency of the proceedings and of the benefits between the
different parcels of property assessed, together with all other questions
arising in that proceeding, with the exception specified, and shall
thereupon enter an order in accordance with the conclusions it reaches. But
this order shall not be a final disposition of any of these questions for
the purpose of appeal, unless the objectors waive further controversy as to
the remaining question upon the record.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32019) (from Ch. 34, par. 5-32019)
Sec. 5-32019.
Proceedings.
If it is objected to on the part of any property assessed for such an
improvement, that it will not be benefited thereby to the amount assessed
thereon, and that it is assessed more than its proportionate share of the
cost of the improvement, and a jury is not waived by agreement of the
parties, the court shall impanel a jury to try that issue. In that case
unless otherwise ordered by the court, all such objections shall be tried
and disposed of before a single jury. The assessment roll, as returned by
the officer who made it, or as revised and corrected by the court on the
hearing of the legal objections, shall be prima facie evidence of the
correctness of the amount assessed against each objected owner but shall
not be counted as the testimony of any witness or witnesses in the cause.
That assessment roll may be submitted to the jury and may be taken into the
jury room by the jury when it retires to deliberate on its verdict. Either
party may introduce such other evidence as may bear upon that issue or
issues. The hearing shall be conducted as in other civil cases. If it
appears that the property of any objector is assessed more than it will be
benefited by the specified improvement, or more than its proportionate
share of the cost of the improvement, the jury shall so find, and it shall
also find the amount for which that property ought to be assessed, and
judgment shall be rendered accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32020) (from Ch. 34, par. 5-32020)
Sec. 5-32020.
Distribution of deficiency.
Whenever, on a hearing by the court or before a jury, the amount of any
assessment is reduced or cancelled, so that there is a deficiency in the
total amount remaining assessed in the proceeding, the court may, in the
same proceeding, distribute this deficiency upon the other property in the
district assessed, in such manner as the court finds just and equitable,
not exceeding, however, the amount such property will be benefited by the
specified improvement.
In case any portion of this deficiency is charged against such property
not represented in court, a new notice, of the same nature as the original
notice, shall be given in like manner as the original notice, to show the
cause why the assessment, as thus increased, should not be confirmed. The
owners of or parties interested in such property have the right to object
in the same form and with the same effect as in case of the original
assessment, and the court has the same power to dispose thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32021) (from Ch. 34, par. 5-32021)
Sec. 5-32021.
Time for hearing.
The hearing in all the cases arising
under this Division, may be had at such time as the court may designate,
and such proceedings shall have precedence over all other cases in any
court, where they are brought, except criminal cases, or other cases in
which the public is a moving party.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32022) (from Ch. 34, par. 5-32022)
Sec. 5-32022.
Additional powers of court.
The court before which any
such proceedings may be pending may modify, alter, change, annul, or
confirm any assessment returned as specified, in addition to the authority
already conferred upon it, and may take all such proceedings, and make all
such orders, as may be necessary to the improvement, according to the
principles of this Division, and may from time to time, as may be
necessary, continue the application for that purpose as to the whole or any
part of the premises.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32023) (from Ch. 34, par. 5-32023)
Sec. 5-32023.
Effect of similar improvements previously made in
same locality. It is no objection to the legality of any local
improvement that a similar improvement has been previously made in the same
locality, if the ordinance therefor is recommended by the Committee as
above provided, but nothing contained in this Division shall interfere with
any defense in this proceeding relating to the benefits received therefrom.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32024) (from Ch. 34, par. 5-32024)
Sec. 5-32024.
Confirmation of assessment roll.
In case of a special assessment to be paid by installments under the
provisions of this Division, the order of confirmation that is
entered upon the return of the assessment roll shall apply to all of the
installments thereof, and may be entered in one order.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32025) (from Ch. 34, par. 5-32025)
Sec. 5-32025.
Review; effect of judgments.
The
judgments of the court shall be final as to all the issues involved,
and the proceedings in the specified cause shall be subject to review by
appeal as provided in this Division and not otherwise. However,
by mutual consent such a judgment may be vacated or modified
notwithstanding the expiration of 30 days from the rendition of the
judgment, except as provided in this Division.
Such judgment shall have the effect of several judgments as to each
tract or parcel of land assessed, and no appeal from any such judgment
shall invalidate or delay the judgments, except as to the property
concerning which the appeal is taken.
Such judgment shall be a lien on behalf of the county making any
improvement, for the payment of which the special assessment is levied,
on the property assessed from the date thereof, to the same extent and
of equal force and validity as a lien for the general taxes until the
judgment is paid or the property against which any such judgment is
entered is sold to pay the judgment.
Nothing in this Division shall interfere with the right of
the petitioner to dismiss its proceedings, and for that purpose to vacate
such a judgment at its election at any time before commencing the actual
collection of the assessment. The court in which the judgment is
rendered shall enter an order vacating or annulling the judgment of
confirmation on motion of the petitioner entered at any time after the
expiration of 30 days from the rendition of that judgment of
confirmation upon a showing by petitioner that no contract was let or
entered into for the making of the specified improvement within the time
fixed by law for the letting of the contract, or that the making of the
improvement under the original proceeding was never commenced, or that
the making of the improvement under the prior proceeding was never
commenced, or that the making of the improvement under the prior
proceedings was abandoned by petitioner. No judgment entered in such a
proceeding so dismissed and vacated shall be a bar to another like or
different improvement. However, after the contract for the work has been
entered into, or the improvement bonds have been issued, no judgment
shall be vacated or modified or any petitioner dismissed after the
expiration of 30 days from the rendition of the judgment, nor shall the
collection of the assessment be in any way stayed or delayed by the
Committee, or any officer of the county without the consent of the
contractor or bondholder.
The county may file a complaint to foreclose the lien of special
assessment in the same manner that foreclosures are permitted by law in
cases of delinquent general taxes. However, no forfeiture of the
property shall be required as a prerequisite for such foreclosure.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32026) (from Ch. 34, par. 5-32026)
Sec. 5-32026.
Supplemental assessment.
At any
time after the bids have been received pursuant to the provisions of this
Division, if it appears to the satisfaction of the Committee that the
first assessment is insufficient to pay the contract price or the bonds or
vouchers issued or to be issued in payment of the contract price, together
with the amount required to pay the accruing interest thereon, the
Committee shall make and file an estimate of the amount of the deficiency.
Thereupon a second or supplemental assessment for the estimated deficiency
of the cost of the work and interest may be made in the same manner as
nearly as may be as in the first assessment, and so on until sufficient
money has been realized to pay for the improvement and the interest. It
shall be no objection to the supplemental assessment that the prior
assessment has been levied, adjudicated and collected unless it appears
that in that prior cause upon proper issue made, it was specially found in
terms, that the property objected for would be benefited by the improvement
no more than the amount assessed against it in that prior proceeding. If
too large a sum is raised at any time, the excess shall be refunded ratably
to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% of the original estimate, no
contract shall be awarded until a public hearing has been held on the
supplemental proceeding in like manner as in the original proceedings. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate being
insufficient.
However, the petitioner, in case it so elects, may dismiss the petition
and vacate the judgment of confirmation at any time after the judgment of
confirmation is rendered, and begin new proceedings for the same or a
different improvement.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32027) (from Ch. 34, par. 5-32027)
Sec. 5-32027.
New assessment.
If from any cause any county fails to collect the whole or any portion
of any special assessment which may be levied, which is not cancelled or
set aside by order of any court, for any public improvement authorized to
be made and paid for by a special assessment, the Committee, at any time
within 5 years after the confirmation of the original assessment, may
direct a new assessment to be made upon the delinquent property for the
amount of the deficiency and interest thereon from the date of the original
assessment, which assessment shall be made, as nearly as may be, in the
same manner as is prescribed in this Division for the first assessment. In
all cases where partial payments have been made on such former assessments,
they shall be credited or allowed on the new assessment to the property for
which they were made, so that the assessment shall be equal and impartial
in its results. If this new assessment proves insufficient, either in whole
or in part, the Committee at any time within the specified period of 5
years, may order a third to be levied, and so on in the same manner and for
the same purpose. It shall constitute no legal objections to any new
assessments that the property may have changed hands, or been encumbered
subsequent to the date of the original assessment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)
Sec. 5-32028.
Certification of assessment roll; collection of
assessments. Within 30 days after the filing of the report of the amount
and date of the first voucher issued on account of construction work done,
the clerk of the court in which such judgment is rendered shall certify the
assessment roll and judgment to the township collector or county collector
authorized to collect the special assessment, or if there has been an
appeal taken on any part of the judgment, he shall certify such part of
the judgment as is not included in that appeal. This certification shall be
filed by the officer receiving it in his office. With the assessment roll
and judgment the clerk of the designated court shall also issue a warrant
for the collection of the assessment. The court has the power to recall
such warrants as to all or any of the property affected at any time before
payment or sale, in case the proceedings are abandoned by the petitioner or
the judgment is vacated or modified in a material respect as hereinbefore
provided, but not otherwise. In case the assessment roll has been abated
and the judgment reduced, the clerk of the designated court, within 30 days
thereafter, shall certify the order of reduction or the roll as so reduced
or recast under the direction of the court to the county collector
authorized to collect the special assessment, and shall issue a warrant for
the collection of the assessment as so reduced or recast.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32029) (from Ch. 34, par. 5-32029)
Sec. 5-32029.
Effect of appeal on part of judgment; warrant.
If an appeal is taken on any part of such judgment and if the Committee
elects to proceed with the improvement, notwithstanding such an appeal, the
clerk shall certify the appealed portion, from time to time, in the manner
above-mentioned, as the judgment is rendered thereon, and the warrant
accompanying this certificate in each case shall be authority for the
collection of so much of the assessment as is included in the portion of
the roll thereto attached.
The warrant in all cases of assessment under this Division, shall contain
a copy of the certificate of the judgment, describing lots, blocks, tracts
and parcels of land assessed so far as they are contained in the portion of
the roll so certified and shall state the respective amounts assessed on
each lot, block, tract or parcel of land, and shall be delivered to the
officer authorized to collect the special assessment. The collector having
a warrant for any assessment levied to be paid by installments, may receive
any or all of the installments of that assessment, but if he receives only
a part of the installment, then he shall receive them in their numerical
order.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
Sec. 5-32030.
Notice by collector.
The collector, or some person
designated by him and under his direction, receiving such a warrant shall
give notice thereof within 10 days by publishing a notice once each week
for 2 successive weeks in one or more newspapers published in the county or
if no newspaper is published therein then in one or more newspapers with a
general circulation in the county. This notice shall be in the form
substantially as follows:
SPECIAL ASSESSMENT NOTICE
Special Warrant No.
NOTICE: Publication is hereby given that the (here insert title of
court) has rendered judgment for a special assessment upon property
benefited by the following improvement: (here describe the character, and
location of the improvement in general terms) as will more fully appear
from the certified copy of the judgment on file in my office; that the
warrant for the collection of this assessment is in my possession. All
persons interested are hereby notified to call and pay the amount assessed
at the collector's office (here insert location of office) within 30 days
from the date hereof.
Dated (insert date).
When such an assessment is levied to be paid in installments, the notice
shall contain also the amount of each installment, the rate of interest
deferred installments bear and the date when payable.
The collector or some person designated by him and under his direction,
into whose possession the warrant comes shall by written or printed notice,
mailed to all persons whose names appear on the assessment roll inform them
of the special assessment and request payment thereof.
Any collector omitting to do so is liable to a penalty of $10 for any
such omission, but the validity of the special assessment or the right to
apply for and obtain judgment thereon is not affected by such an omission.
It is the duty of such collector to write the word "Paid" opposite each
tract or lot on which the assessment is paid, together with the name and
post office address of the person making the payment and the date of the
payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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(55 ILCS 5/5-32031) (from Ch. 34, par. 5-32031)
Sec. 5-32031.
Payment of moneys collected.
The county collector
where that officer is authorized to collect the warrants by general law
shall pay over to the county treasury all moneys collected by him by virtue
of such warrants or upon any sale for taxes or otherwise at such time or
times and in such manner as is fixed by law.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32032) (from Ch. 34, par. 5-32032)
Sec. 5-32032.
Report of delinquent special assessments.
The collector shall, on or before the 15th day of August in each year,
make a report in writing to the general office of the county in which the
respective lots, tracts and parcels of land are situated, authorized by the
general revenue laws of this State to apply for judgment and sell lands for
taxes due the county and State, of all the land, town lots, and real
property on which he has been unable to collect special assessments or
installments thereof matured and payable, or interest thereon, or interest
due to the preceding January 2 on installments not yet matured on all
warrants in his possession, with the amount of those delinquent special
assessments or installments and interest, together with his warrants; or,
in case of an assessment levied to be paid by installments, with a brief
description of the nature of the warrant or warrants received by him
authorizing the collection thereof. This report shall be accompanied with
the oath of the collector (1) that the list is a correct return and report
of the land, town lots, and real property on which the special assessment
(levied by the authority of the county of ....), or installments thereof,
or interest remains due and unpaid, (2) that he is unable to collect the
same, or any part thereof, and (3) that he has given the notice required by
law that the specified warrants have been received by him for collection.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32033) (from Ch. 34, par. 5-32033)
Sec. 5-32033.
Applicability of general revenue laws.
The general
revenue laws of this State with reference to proceedings to recover
judgment for delinquent taxes, the sale of property thereon, the execution
of certificates of sale and deeds thereon, the force and effect of such
sales and deeds, and all other laws in relation to the enforcement and
collection of taxes, and redemption from tax sales, shall be applicable to
proceedings to collect the special assessment provided for in this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32034) (from Ch. 34, par. 5-32034)
Sec. 5-32034.
Contractor's claim or lien on special assessments.
No person obtaining contracts from the county and agreeing to be paid
out of special assessments, has any claim or lien upon the county in any
event, except from the collection of special assessments made or to be made
for the work contracted for. However, the county shall cause collections
and payments to be made with all reasonable diligence. If it appears that
such an assessment cannot be levied or collected the county nevertheless,
is not in any way liable to a contractor in case of failure to collect the
assessment, but so far as it can legally do so, with all reasonable
diligence, shall cause a valid assessment or assessments to be levied and
collected to defray the cost of the work until all contractors are fully
paid. Any contractor is entitled to the summary relief of mandamus or
injunction to enforce the provisions of this Section.
The county treasurer shall keep a separate account of each special
assessment warrant number, and of the moneys received thereunder.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32035) (from Ch. 34, par. 5-32035)
Sec. 5-32035.
Contracts for work or public improvements.
Any work or
other public improvement to be paid for by special assessment shall be
constructed by contract let to the lowest responsible bidder in the manner
prescribed in this Division. Such contract shall be approved by the Committee.
Within 90 days after judgment of confirmation of any special assessment
levied in pursuance of this Division has been entered, if there
is no appeal perfected, or other stay of proceedings by a court having
jurisdiction, or the judgment of confirmation as to any property is
appealed from, then if the petitioner files in the case a written election
to proceed with the work, notwithstanding the appeal, or other stay, steps
shall be taken to let the contract for the work in the manner provided in
this Division. If the judgment of confirmation of the special
assessment levied for the work is appealed from, or stayed by order of
court having jurisdiction, and the petitioner files no such election then
the steps provided in this Division for the letting of the
contract for the work shall be taken within 15 days after the final
determination of the appeal, or the determination of the stay, unless the
proceeding is abandoned as provided in this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32036) (from Ch. 34, par. 5-32036)
Sec. 5-32036.
Notice for bids; examination of bids.
Notice shall be given by the Committee that bids will be received for
the construction of such an improvement, either as a whole or in such
sections as the Committee shall specify in its notice, in accordance with
the ordinance therefor. This notice shall state the time of opening of the
bids, and shall further state where the specifications for the improvement
are to be found, and whether the contracts are to be paid in cash or in
bonds, and if in bonds, then the rate of interest the vouchers or bonds
shall draw. The notice shall be published at least twice, not more than 30
nor less than 15 days in advance of the opening of the bids, in one or more
newspapers published in the county as designated by the Committee in an
order entered in its records, or if no newspaper is published therein then
in one or more newspapers with a general circulation within the county.
Proposals or bids may be made either for the work as a whole or for
specified sections thereof. All proposals or bids shall be accompanied by
cash, or by a check payable to the order of the Committee, certified by a
responsible bank,
for an amount which shall not be less than 10% of the
aggregate of the proposal, or by a bid bond, for an amount which shall not be
less than 10% of the aggregate of the proposal. These proposals or bids
shall
be delivered to
the Committee. That committee, in open session, at the time and place fixed
in the specified notice, shall examine and publicly declare the proposal or
bids. However, no proposal or bids shall be considered unless accompanied
by such a check or cash.
(Source: P.A. 91-296, eff. 1-1-00.)
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(55 ILCS 5/5-32037) (from Ch. 34, par. 5-32037)
Sec. 5-32037.
Bonds of successful bidders.
The successful bidder for the construction of such an improvement shall
be required to enter into bond in a sum equal to 100% of the amount of his
bid with sureties to be approved by the Committee. This bond shall be filed
with the Committee. When entering into the contract for the construction of
an improvement the bond shall provide that the contractor shall well and
faithfully perform and execute the work in all respects according to the
complete and detailed specifications, and full and complete drawings,
profiles and models therefor, and according to the time and terms and
conditions of the contract, and also that the bidder and contractor shall
promptly pay all debts incurred by him in the prosecution of the work,
including those for labor and material furnished. Suit may be brought on
the bond in case of default, or failure to pay these debts promptly, by and
in the name of the county for all damages sustained either by the county or
by any person interested or for the damages sustained by the county and all
parties in interest, or by any beneficiary or party interested, in the name
of the county for the use of the party interested as beneficial plaintiff,
to recover for the labor and materials furnished. However, in no case shall
costs be adjudged against the county in any suit brought by any party in
interest wherein the county is the nominal but not the beneficial
plaintiff.
In advertising for bids or proposal for the construction of such an
improvement, the Committee shall give notice that such a bond will be
required, and all bids or proposals shall contain an offer to furnish such
a bond upon the acceptance of such bid or proposal.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32038) (from Ch. 34, par. 5-32038)
Sec. 5-32038.
Rejection of bids; failure of bidder to enter into
contract. The Committee may reject any and all proposals or bids, should
they deem it best for the public good. If the Committee is of the opinion
that a combination exists between contractors, either to limit the number
of bidders, or to increase the contract price, and that the lowest bid is
made in pursuance thereof, the Committee shall reject all proposals or
bids. The Committee may reject the bid of any party who has been delinquent
or unfaithful in any former contract with the county. It shall reject all
proposals or bids other than the lowest regular proposals or bids of any
responsible bidder and may award the contract for the specified work or
improvement to the lowest responsible bidder at the prices named in this
bid. Such an award shall be recorded in the records of its proceedings.
Such an award, if any, shall be made within 20 days after the time fixed
for receiving bids.
If no award is made within that time, another advertisement for
proposals or bids for the performance of the work, as in the first
instance, shall be made, and thereafter the Committee shall proceed in the
manner above provided in this Division. Such a re-advertisement
shall be deemed a rejection of all former bids, and thereupon the
respective checks and bonds corresponding to the bids so rejected shall be
returned to the proper parties. However, the check accompanying any
accepted proposal or bid shall be retained in the possession of the
Committee until the contract for doing the work, as hereinafter provided,
has been entered into by the lowest responsible bidder, whereupon the
certified check shall be returned to the bidder. But if that bidder fails,
neglects, or refuses to enter into a contract to perform that work or
improvement, as provided in this Division, the certified check
accompanying his bid and the amount therein mentioned shall be declared to
be forfeited to the county, and shall be collected by it and paid into its
fund for the repairing and maintenance of like improvements. Any bond
forfeited may be prosecuted, and the amount due thereon collected and paid
into the same fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32039) (from Ch. 34, par. 5-32039)
Sec. 5-32039.
Persons entitled to hearing on award of contract.
Any owner or person interested in any of the property assessed and any
bidder shall be entitled to a hearing before the Committee on any question
connected with any such award.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32040) (from Ch. 34, par. 5-32040)
Sec. 5-32040.
Notice of award of contract.
A notice of such an award
of contract shall be published in one or more newspapers, designated by the
Committee in an order entered in its records, published in the county, or
if no newspaper is published therein, then in one or more newspapers with a
general circulation within the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32041) (from Ch. 34, par. 5-32041)
Sec. 5-32041.
Failure or refusal of original bidder to enter into
contract. If such original bidder fails or refuses for 20 days after the
first publication of the notice of award, to enter into a contract which
shall be simultaneously executed by the proper county officials and signed
by the President of the Committee and attested by the county clerk, then
the Committee without further proceedings shall again advertise for
proposals of bids as in the first instance and award the contract for the
work to the then regular lowest bidder. The bids of all persons who have
failed to enter into the contract as herein provided shall be rejected in
any bidding or election subsequent to the first bid for the same work.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32042) (from Ch. 34, par. 5-32042)
Sec. 5-32042.
Failure to complete work under contract within time
provided; performance bond. If the contractors, who may have taken any
contract, do not complete the work within the time mentioned in the
contract, or within such further time as the Committee may give them, the
Committee may relet the unfinished portions of that work, after pursuing
the formalities prescribed hereinbefore for the letting of the whole in the
first instance.
All contractors at the time of executing any contract for such public
work, shall execute a bond to the satisfaction and approval of the
Committee of the county in such a sum as the Committee deems adequate,
conditioned for the faithful performance of the contract. The sureties
shall justify, before some person competent to administer an oath, in
double the amount mentioned in that bond, over and above all statutory
exemptions.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32043) (from Ch. 34, par. 5-32043)
Sec. 5-32043.
Certification of costs; excess of assessment over
costs.
Within 30 days after the final completion of the work, the Committee
shall have the costs thereof, including the cost of engineering services
certified in writing to the court in which the assessment was confirmed,
together with an amount as in this Division is provided for to
be required to pay the accruing interest on bonds or vouchers issued to
anticipate collection. Thereupon, if the total amount assessed for the
improvement exceeds the cost of the improvement, all of that excess, except
the amount required to pay such interest as is provided in this
Division shall be abated and the judgment reduced
proportionately, so that the property owners shall be credited pro rata
upon the respective assessment for the improvement under the direction of the court.
In case the assessment is collectible in the installments, this
reduction shall be made so that all installments shall be equal in amount,
except that all fractional amounts shall be added to the first installment
so as to leave the remaining installments in the aggregate equal in amount
and each a multiple of $100. If prior to the entry of the order abating and
reducing the assessment, the assessment has been certified for collection
and any of the installments of the assessment so certified for collection
have become due and payable, the reduction and abatement above referred to
shall be made pro rata upon the other installments. The intent and meaning
of this is that no property owner shall be required to pay to the collector
a greater amount than his proportionate share of the cost of the work and
of the interest that may accrue thereon.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32044) (from Ch. 34, par. 5-32044)
Sec. 5-32044.
Hearing on certificate of costs.
In every assessment proceeding in which the assessment is divided into
installments, the Committee shall state in the certificate whether or not
the improvement conforms substantially to the requirements of the original
ordinance for the construction of the improvement, and shall make an
application to the court to consider and determine whether or not the facts
stated in the certificate are true. Thereupon the court, upon such an
application, shall fix a time and place for a hearing upon the application,
and shall record the application. The time of this hearing shall be not
less than 15 days after the filing of the certificate and application.
Public notice shall be given at least twice of the time and place fixed for
that hearing by publishing in a newspaper, in the same manner and for the
same period as provided in this Division for publishing notice
of application for the confirmation of the original assessment, the
publication of this notice to be not more than 30 nor less than 15 days
before the day fixed by the order for that hearing.
At the time and place fixed by the notice or at any time thereafter, the
court shall proceed to hear the application and any objection which may be
filed thereto within the time fixed in the order. Upon that hearing the
specified certificate of the Committee shall be prima facie evidence that
the matters and things stated above are true, but if any part thereof is
controverted by objections duly filed thereto, the court shall hear and
determine the objections in a summary manner and shall enter an order
according to the facts.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32045) (from Ch. 34, par. 5-32045)
Sec. 5-32045.
Findings against allegations of certificate.
If, upon the hearing, the court finds against the allegations of the
certificate, it shall enter an order accordingly. The Committee shall then
procure the completion of the improvement in substantial accordance with
the ordinance. The Committee, from time to time, may file additional or
supplemental applications or petitions in respect thereto, until the court
eventually is satisfied that the allegations of the certificate or
application are true and that the improvement is constructed in substantial
accordance with the ordinance.
If before the entry of such an order upon such a certificate, there has
been issued to the contractor in the progress of any such work, bonds or
vouchers to apply upon the contract price thereof, that contractor or the
then owner or holder of those bonds or vouchers shall be entitled to
receive in lieu thereof new bonds or vouchers of equivalent amount, dated
and issued after the entry of that order.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32046) (from Ch. 34, par. 5-32046)
Sec. 5-32046.
Inspection of work done.
The Committee shall designate someone to carefully inspect the entire
work done pursuant to any such proceeding and contract, and the materials
therefor, during the progress of the work, to the end that the contractor
shall comply fully and adequately with all the provisions of the ordinance,
and of the contract under which the work is to be done, and the
specifications therefor. Upon the complaint of any property owner that the
work or material does not comply with those requirements, the President of
the Committee shall either examine the work and material himself, or
designate some member of the Committee to do so. The President of the
Committee shall make a personal examination, and certify in writing as to
the result thereof. This written certificate shall be filed with the papers
pertaining to the Committee, and shall be open to public inspection at any
time.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32047) (from Ch. 34, par. 5-32047)
Sec. 5-32047.
Loss of voucher, bond or interest coupon.
Whenever any voucher, bond or interest coupon issued by a county in
anticipation of the collection of special assessments under any of the
provisions of this Division has been lost, destroyed or stolen,
and proof is made to the official of the county charged with making payment
on the voucher, bond or interest coupon that the loss, theft or destruction
occurred while the voucher, bond or interest coupon was owned by and in
possession of the claimant, such official shall issue or cause to be issued
and delivered to the claimant a duplicate of such voucher, bond or interest
coupon alleged to have been lost, destroyed or stolen after first endorsing
on the duplicate all payments of principal and interest made on the
original voucher, bond or interest coupon. However, the claimant shall
prior to issuance of any such duplicate execute and deliver to the county a
bond in penalty at least double the amount of the principal of such
voucher, bond or interest coupon alleged to have been lost, destroyed or
stolen with sufficient security to be approved by the county official,
conditioned to indemnify the county against all claims by any other person
on account of such voucher, bond or interest coupon and against all costs
and expenses by reason thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32048) (from Ch. 34, par. 5-32048)
Sec. 5-32048.
Vouchers.
From time to time as the work progresses the
contractor shall be issued vouchers in payment therefor, and if not
converted to bonds, the vouchers so issued shall be called for payment in
numerical order and are to be paid from installments 2 through 10, as
collected. Vouchers issued for work done including engineering and the cost
of making, levying and collecting the special assessment are to be paid pro
rata against the first installment of the special assessment, as collected.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32049) (from Ch. 34, par. 5-32049)
Sec. 5-32049.
Bonds.
The county, upon the written request of the
holders of all of the outstanding and unpaid vouchers issued in payment of
the work, shall issue and deliver to such voucher holders, in exchange for
such vouchers, bonds provided for in this Section if prior to the receipt
of such request the county has not issued or has not made any commitment to
issue any bonds the funds from which are to be used toward paying such
outstanding and unpaid vouchers in full. The bonds shall be dated as of and
shall draw interest from the date of their issuance except when issued in
exchange for vouchers theretofore issued in payment of the work. In such
latter case the bonds shall be issued in the principal amount of the unpaid
balance of the vouchers and shall bear the same date as the vouchers for
which they are exchanged or the date to which interest was last paid on the
vouchers, and the bonds shall draw interest from such date. The bonds shall
be issued at not less than their par value. The bonds shall be executed by
such county officers as may be prescribed by law. The bonds shall bear
interest at a rate of not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
nor less than 4% annually. The bonds shall recite specifically that they
are payable solely and only from the assessment levied for the payment of
the cost of the improvement, designating the improvement for which the
assessment has been levied, and shall mature on or before December 31, next
succeeding the January 2, on which the last installment shall mature.
Interest coupons attached to the bond shall bear the official or facsimile
signatures of the same officers who signed the bonds and shall be made
payable at the office of the county treasurer. The bonds shall be numbered
consecutively beginning with number one upwards and shall be payable in
their numerical order and redeemable prior to maturity in numerical order
as hereinafter provided. Each of the bonds issued pursuant to this Section
shall bear a legend on the face of the bond printed in bold face type and
in a paragraph by itself to the effect that the bond is one of a series of
bonds which are to be paid and redeemed in numerical order and not on a pro
rata basis.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
authorizing certain counties to undertake local improvements and defining
the powers and duties of such counties with respect thereto", approved
August 18, 1972, that may appear to be or to have been more restrictive
than those Acts, (ii) that the provisions of this Section or its
predecessor are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
or its predecessor within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Division
or "An Act authorizing certain counties to undertake local improvements and
defining the powers and duties of such counties with respect thereto",
approved August 18, 1972, that may appear to be or to have been more
restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-32050) (from Ch. 34, par. 5-32050)
Sec. 5-32050.
Form of bonds.
The bonds authorized in the preceding
Section may be in the following form:
"UNITED STATES OF AMERICA
NumberDollars........State of IllinoisCounty of Cook
.... of ....
IMPROVEMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that the County of ...., State of Illinois,
hereby acknowledges itself to owe, and for value received promises to pay
to the BEARER the sum of .... Dollars ($....) on the .... day of .... but
subject to prepayment at the par value hereof at any time as hereinafter
provided, together with interest thereon at the rate of .... per cent (..%)
per annum, from date hereof until paid, payable on the .... day of .... and
annually thereafter on the .... day of .... in each year on presentation
and surrender of the interest coupons hereto attached.
Bond principal and interest on this bond are payable at the office of
the treasurer of said County of ...., in lawful money of the United States
of America.
This bond is issued in exchange for part of the vouchers issued in
payment of the work done under Special Assessment No. .... levied, for the
purpose of ...., which assessment bears interest from the .... day of ....
and this bond and the interest thereon are payable solely out of the
installments of the assessment when collected.
THIS BOND IS ONE OF A SERIES OF BONDS WHICH ARE TO BE PAID AND REDEEMED
IN NUMERICAL ORDER AND NOT ON A PRO RATA BASIS.
The bonds in the series, aggregating .... Dollars ($....) are numbered
from .... to .... inclusive, bonds numbered .... to .... being of the
denomination of $.... each, are bonds numbered .... to .... being of the
denomination of $.... each.
By the terms of the statute and ordinance authorizing these bonds,
whenever there shall be sufficient funds in the hands of the treasurer of
the county of .... after the payment of all interest due on the bonds and
after the establishment of such reserve, if any, as the treasurer, in his
discretion may deem advisable to pay interest to become due at the next
interest coupon date, to prepay one or more of the bonds, then it is the
duty of such treasurer to call and pay such bond or bonds. The treasurer
shall cause notice of such call for prepayment to be published in some
newspaper of general circulation in the county of .... Illinois, not less
than 5 nor more than 30 days prior to the date fixed for prepayment. If no
newspaper is published in the county, such notice shall be published in a
newspaper with a general circulation in the county. This bond will cease to
bear interest on and after the date so fixed for prepayment. The
presentation of the bond will waive the necessity of giving notice of its
call for payment. Bonds shall be paid in numerical order beginning with the
lowest numbered outstanding bond.
IN TESTIMONY WHEREOF, the .... of .... has caused this bond to be signed
by the officers prescribed by ordinance, and the coupons hereto attached to
be signed by such officials by the original or facsimile signatures, which
officials, if facsimile signatures are used, do adopt by the execution
hereof as and for their proper signatures their respective facsimile
signatures appearing on the coupons, all as of the .... day of ....
........
SEAL
Interest coupons which may be attached to bonds authorized in this
Section may be in the following form:
Coupon No. ....$....
On the .... day of ...., unless the bond to which this coupon is
attached shall have theretofore been called for payment at an earlier date
and payment made or provided for, County of .... State of Illinois, will
pay to BEARER .... Dollars ($....), out of funds realized from the
collection of Special Assessment No. .... of the county, at the office of
the treasurer of the county, for interest due on that day on its
improvement bond dated as of the .... day of .... BOND NO. ...."
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32051) (from Ch. 34, par. 5-32051)
Sec. 5-32051.
Call and payment of bonds.
The county shall have the
right to call and pay the bonds authorized in Section 5-32049 or any number
thereof in the following manner. Whenever there are sufficient funds in the
hands of the treasurer to redeem one or more of the bonds, after the
payment of all interest due, and after the establishment of such reserve,
if any, as the treasurer, in his discretion, may deem advisable to pay
interest to become due at the next interest coupon date, the treasurer by
publication as provided in this Section, shall call and pay such bond or
bonds. The county treasurer shall cause notice of such call for payment to
be published in a newspaper published in the county, or if no newspaper is
published therein, then in a newspaper with a general circulation within
the county. The notice shall specify the number or numbers of the bonds
called, designating the assessment against which the bonds have been
issued, and directing presentation of such bonds for payment and
cancellation, and indicating that interest will cease on the bonds not
less than 15 days nor more than 30 days from the date of the publication
of such notice, and thereafter the bonds shall cease to bear interest.
The presentation of any bond to the treasurer for payment shall waive
the necessity of giving notice of its call for payment.
The treasurer upon accumulation of sufficient funds shall pay one or
more bonds and shall call and pay such bonds. Any bondholder or holder
of any interest coupon appertaining to any bond, after giving reasonable
notice, shall be entitled to summary relief by mandamus or injunction to
enforce these provisions.
When bonds are issued under Section 5-32049 all collections of the
special assessment installments and all interests collected shall
constitute a single fund which shall be applied first to the payment of
interest due and to the establishment of such reserve, if any, as the
treasurer in his discretion may deem advisable to pay interest to become
due at the next interest coupon date, and then to the redemption and
payment of bonds as provided herein. Where the ordinance for the
improvement provides for the collection of all costs, collections made on
the first installment shall be used first to pay such costs and any surplus
shall be used to pay bonds and interest as provided herein. Provisions as
to redemption and call of the bonds shall be inserted in each of the bonds
issued in accordance with the provisions of this Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32052) (from Ch. 34, par. 5-32052)
Sec. 5-32052.
Sale of bonds.
The bonds may be sold, or paid to the
contractor having the contract for the improvement for which the assessment
was levied, at no less than their par value and interest accrued to time of
delivery, whether sold, or paid to the contractor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32053) (from Ch. 34, par. 5-32053)
Sec. 5-32053.
Payment.
Payment for any improvement done or performed
under the provisions of this Division to be paid for out of any special
assessment levied in installments as provided in this Division may be made
in the bonds provided for.
The first installment of such special assessment and all other
installments thereon shall be held and used to pay the bonds and interest
thereon as provided in Section 5-32049.
Where the ordinance for the improvement provides for the collection of
the costs, such costs shall first be paid out of their first installment,
and may be included in and evidenced by vouchers issued as provided in this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32054) (from Ch. 34, par. 5-32054)
Sec. 5-32054.
Payment of assessment with vouchers or bonds.
Any property owner may pay the assessment wholly or in part, either before
or after it is due and whether or not the assessment has been withdrawn
from collection or the property assessed has been forfeited to the State
for non-payment of that assessment with the bonds or vouchers issued under
this Division on account of that assessment. Such bonds may be
applied to the payment of any and all installments, but only such of those
bonds may be used as are next in numerical order of redemption at the time
of making such payment. In making such payments the vouchers and bonds
shall be taken at their par value and interest accrued to the date of
making the payment. All vouchers and bonds received in payment of such an
assessment shall be cancelled by the officer receiving the vouchers or
bonds, as of the date of their receipt and then deposited with the
treasurer of the county issuing the vouchers or bonds.
However, when the amount of the assessment is less than that of a bond
or voucher, the officer receiving the same shall issue a receipt for the
balance which shall entitle the owner to the same rights, except as to
negotiability, as if the receipt were the original bond or voucher in the
amount of the balance. Any such endorsement on any such bond or voucher
shall be made by writing or stamping across the face thereof the words
"payments upon this bond (or voucher) are listed upon the back".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32055) (from Ch. 34, par. 5-32055)
Sec. 5-32055.
Claim or lien of persons accepting vouchers or bonds.
No person accepting the vouchers or bonds as provided in this Division shall
have any claim or lien upon the county in any event for the payment of his
vouchers or bonds or the interest thereon, except from the collection of
the assessment against which the vouchers or bonds are issued. The county,
nevertheless, shall not be in any way liable to the holders of these
vouchers or bonds in case of a failure to collect the assessment, but with
all reasonable diligence, so far as it can legally do so, it shall cause a
valid special assessment to be levied and collected to pay these bonds and
vouchers, until all bonds and vouchers are fully paid. Any holder of
vouchers or bonds or his assigns, shall be entitled to summary relief by
way of mandamus or injunction to enforce the provisions of this Section.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32056) (from Ch. 34, par. 5-32056)
Sec. 5-32056.
Work progress payments; reserve.
From time to time, as
the work under any contract for such an improvement progresses, upon
certificates by the Committee or by some officer designated by the
Committee for that purpose, payment may be made either in money, vouchers
or bonds as provided for in this Division, to apply upon the contract
price, reserving, however, a sufficient amount upon each of the payments to
properly secure, in the judgment of the Committee, the faithful performance
of the contract. This reserve shall be paid over at such time and on such
conditions as the Committee shall fix, after the specified work has been
completed or accepted.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32057) (from Ch. 34, par. 5-32057)
Sec. 5-32057.
Estimate of interest deficiency.
The Committee before
crediting of the excess as provided for in Section 5-32043, shall estimate
an amount as authorized in this Division sufficient to make up any probable
deficiency of interest, in the event that from any cause, collections of
interest may provide insufficient to meet the interest to be paid on the
bonds until they mature as provided in this Division. This estimated amount
shall be deducted out of the installments as an item of expense before
crediting rebates of excess as directed in this Division, and shall be used
for no other purpose than to make up such a deficiency until the bonds are
fully paid, both principal and interest. Any balance remaining of this
estimated amount after the principal and interest of the bonds are fully
paid may be used to reimburse the county fund for any advance made from
this fund on account of costs of the special assessment or other expenses
of the improvement for which the special assessment is levied.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32058) (from Ch. 34, par. 5-32058)
Sec. 5-32058.
Surplus after final settlement; rebate.
If, after the final settlement with the contractor for any improvement
and after full payment of all vouchers or bonds issued on account of that
improvement, there is any surplus remaining in the special assessment above
the specified payments and above the amount necessary for the payment of
interest on these vouchers or bonds, the proper authorities of the county
shall declare at once a rebate upon each lot, block, tract or parcel of
land assessed, of its pro rata proportion of that surplus. Such rebate
shall be paid to the owner of record of each such lot, block, tract or
parcel at the time of the declaration of such rebate. The Committee shall
keep and exhibit publicly in its office, an index of all warrants upon
which rebates are due and payable and upon proper proof, the warrants shall
be repaid to the persons entitled thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32059) (from Ch. 34, par. 5-32059)
Sec. 5-32059.
Costs and expenses.
The costs and expenses of
maintaining the Committee for paying salaries of the members of the
Committee and the expense of making, levying and collecting the special
assessment, and also the entire cost and expense attending the making and
return of the assessment roll, the legal notices and court costs and the
costs of printing of the bonds shall be provided for in the ordinance for
the prescribed assessment by adding to the total assessment a certain sum
not to exceed 6% of the amount of this assessment, which shall be applied
by the Committee toward the payment of the specified and other costs of
making, levying and collecting this assessment. In addition the ordinance
may provide as an additional cost to be included into the total assessment
a sum not to exceed 10% of the estimated cost of the work, which shall be
applied to making up any probable deficiency of interest in bonds or
vouchers to be issued.
The limitation in the preceding paragraph shall not be applied to the
costs of the engineering and inspection connected with any local
improvement, but these costs may be included in the cost of the improvement
to be defrayed by special assessment. Payment of the costs of engineering
and inspection and the cost of making, levying and collecting the special
assessment shall be made by the issuance of vouchers collectible against
the first installment of the special assessment.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32060) (from Ch. 34, par. 5-32060)
Sec. 5-32060.
Appeals.
Appeals from final judgments or orders
of any court made in the proceedings provided for by this Division,
may be taken to the Supreme Court of this State in the manner provided in
other civil cases, by any of the owners or parties assessed therein.
However, no appeal may be taken after 30 days from the entry of the final
judgment or order. Such appeal may be prosecuted jointly and upon a joint
bond or severally and upon several bonds as may be specified in the order
fixing the amount and terms of such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32061) (from Ch. 34, par. 5-32061)
Sec. 5-32061.
Leave for appeal after expiration of 30 day period.
After the expiration of the 30 day period allowed for filing a notice of
appeal under this Division, an appeal from any such judgment may be filed
in the manner provided in other civil cases upon leave granted by the
Supreme Court on petition or application of owners or parties interested
in the property affected thereby, as shown by the record, at any time after
the disposition of the last remaining objections to the confirmation, if
any, prior to the first day of June, following the entry of the judgment.
However, if the warrant for collection as to any parcel is not certified
for collection so that an application for judgment of sale may be made in
the year following the entry of the judgment, leave to appeal as to that
parcel, on application may be granted by the Supreme Court within the
period of one year after the entry of the judgment.
In every case there shall be filed with the Clerk of the Supreme Court,
with the application for leave to appeal, an affidavit by the appellant or
his agent setting forth the time when the warrant for collection as to the
property, was so certified, and further setting forth that the person to
whom the notice of the filing of the assessment roll as to the property, as
shown by the record, did not receive the notice or otherwise learn of the
pendency of the proceedings for the confirmation of the assessment until
less than 10 days before the entry of default against his property in the
court below. In all such cases the notice of appeal shall contain a
statement that it is filed pursuant to leave granted by the Supreme Court
under authority of this Division and the notice of appeal shall
be filed and served on or before the dates hereinabove fixed.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-32062)
Sec. 5-32062.
In addition to any power to convey real or personal property
granted under this Division or any other existing statutory authority, a county
may lease, sell, or otherwise dispose of any local improvement made under this
Division to any public utility whose rates are subject to regulation under the
Public Utilities Act and that will incorporate the local improvement into its
existing plant and operations. The lease, sale, or other disposition shall be
in accordance with a resolution adopted by the Committee setting forth the
terms thereof including the consideration to be received by the county. The
consideration may be the public utility's actual costs and expenses (including,
but not limited to, engineering and inspection costs) incurred in incorporating
the local improvement into the public utility's existing plant and operations
provided that the lease, sale, or other disposition is made without fraud or
collusion. The lease, sale, or other disposition shall not affect the levy of
any special assessment, contract for work or public improvements, vouchers, or
bonds undertaken or issued under this Division.
(Source: P.A. 88-562, eff. 8-5-94.)
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(55 ILCS 5/Div. 5-33 heading) Division 5-33.
Super Highways -
Counties over 500,000 Population
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(55 ILCS 5/5-33001) (from Ch. 34, par. 5-33001)
Sec. 5-33001.
Superhighway bonds.
Any county in this State having a
population of 500,000 or more inhabitants, by one or more resolutions of
its county board adopted from time to time, may incur indebtedness
and issue bonds for the purpose of constructing superhighways, which bonds
are hereinafter referred to as superhighway bonds, in an amount or amounts
not exceeding in the aggregate seventy million dollars without submitting
the question to the voters of such county for approval. The superhighway
bonds may be made registerable as to principal and may bear interest at a
rate not to exceed four per centum annually, payable at such time and place
as may be provided in the bond resolution or resolutions. The superhighway
bonds shall remain valid even though one or more of the officers executing
the bond ceases to hold his or their offices before the bonds are
delivered.
The bonds shall be sold to the highest and best bidder for not less than
their par value, upon sealed bids. The County Board shall, from time to
time, as bonds are to be sold, advertise in a daily newspaper of general
circulation in such county for proposals to purchase the bonds. Each of
such advertisements for proposals shall be published at least 10 days prior
to the date of the opening of the bids. The County Board may reserve the
right to reject any and all bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33002) (from Ch. 34, par. 5-33002)
Sec. 5-33002.
Resolution authorizing bonds and tax levy.
The
resolution or resolutions authorizing the superhighway bonds
shall prescribe all the details thereof and shall provide for the levy of
a direct annual tax upon all the taxable property within the county to pay
the principal thereof and interest thereon as it matures. This tax shall
be in addition to and exclusive of the maximum of all other taxes authorized
to be levied by the county. Tax limitations applicable to the county provided
by this Code and by other statutes of this State shall not
apply to taxes levied for payment of superhighway bonds. However, taxes
provided to be levied for payment of superhighway bonds shall not be in
excess of the constitutional limitation of seventy-five cents per $100
valuation unless that excess is authorized by a vote by the people of the
county. Such resolution or resolutions shall also provide that when
received, each of said county's allotments of moneys from the Motor Fuel
Tax Fund of this State shall, except as hereinafter provided, be paid into
the superhighway bond and interest sinking fund account or accounts
required to be created by Section 5-33005, which
provision shall be deemed additional security for payment of the
superhighway bonds and interest thereon and shall be irrepealable by the
county board so long as any superhighway bonds and interest thereon are
unpaid. If more than one bond resolution is adopted under the authority of
this Division, each such allotment of moneys from the Motor
Fuel Tax Fund shall be apportioned among the sinking fund accounts for such
bond issues in proportion to the principal amount of each issue. If and
when the moneys received from the Motor Fuel Tax Fund by such county during
any calendar year and deposited in the superhighway bond and interest
sinking fund account or accounts equal the amount of taxes levied and next
to be extended for principal of and interest on all superhighway bonds
issued under authority of this Division, the balance
of the moneys received from the Motor Fuel Tax Fund during that calendar
year may be used by such county for such other purposes as permitted by
law. A certified copy of the bond resolution or resolutions adopted
under authority of this Division shall be filed with the county
clerk of the county and shall constitute authority for the extension and
collection of superhighway bond and interest taxes as required by the
constitution. A certified copy of the bond resolution or resolutions shall
also be filed with the Director of the Department of Central Management
Services of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33003) (from Ch. 34, par. 5-33003)
Sec. 5-33003.
Form and denomination of bonds; maturity.
The
superhighway bonds shall be of such form and denomination,
payable at such place, bear such date, and be executed by such officials as
may be provided by the County Board in the bond resolution or resolutions.
They shall mature within not to exceed 20 years from their date, and may be
made callable on any interest payment date at par and accrued interest
after notice has been given at the time and in the manner provided in the
bond resolution or resolutions. If there is no default in payment of
principal or of interest on the superhighway bonds, and after setting aside
a sum of money equal to the amount of interest that will accrue on the
superhighway bonds, and a sum of money equal to the amount of principal
that will become due thereon within the next six months period, the
Treasurer and Comptroller, if there is a Comptroller, of the county shall
use the moneys available from the proceeds of the taxes levied for the
payment of superhighway bonds and the moneys available from the Motor Fuel
Tax Fund applicable to such bonds in calling them for payment, if, by their
terms, they are subject to redemption. Superhighway bonds called for
payment and paid shall be marked paid and cancelled.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33004) (from Ch. 34, par. 5-33004)
Sec. 5-33004.
Reduction of taxes on payment of bonds called.
Whenever any superhighway bonds are
called for payment and paid as provided in Section 5-33005, the taxes
thereafter to be extended
for payment of the principal of and interest on the remainder of the issue
shall be reduced in an amount equal to the principal of and interest that
would have thereafter accrued upon the superhighway bonds so called for
payment and paid. A resolution or resolutions shall be adopted by the County
Board finding these facts and a certified copy or copies thereof shall be
filed with the County Clerk and with the Director of the Department of
Central Management Services of this State. The County
Clerk shall thereupon reduce and extend
such tax levies in accordance with said resolution or resolutions. To the
extent that moneys from the Motor Fuel Tax Fund have actually been paid
into the superhighway bond and interest sinking fund account or accounts
required to be created by Section 5-33005, the
taxes next to be extended for principal of and interest on said bonds shall
be abated, or reduced, as the case may
be. Prior to the extension of each year's taxes the County Board of such
county shall adopt a resolution or resolutions finding such facts and shall
file a certified copy or copies thereof with the county clerk. Thereupon
the county clerk shall abate or reduce, as the case may be, and extend such
tax levies in accordance therewith.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33005) (from Ch. 34, par. 5-33005)
Sec. 5-33005.
Deposit of proceeds.
Moneys received from the proceeds
of taxes levied for the payment of principal of and interest on
superhighway bonds, and moneys received from the Motor Fuel Tax Fund
applicable to such shall be deposited in a special account hereby required
to be created and which shall be designated as the "Superhighway Bond and
Interest Sinking Fund Account of the County of ....." If more than one
resolution authorizing superhighway bonds is adopted, a separate sinking
fund account shall be created for the superhighway bonds issued pursuant to
such resolution. The moneys in each such sinking fund account shall be
faithfully applied to the payment of superhighway bonds and interest
thereon as provided in this Division. If the moneys in such sinking fund
account or accounts is not immediately necessary for the payment of
superhighway bonds and interest thereon, then, under the direction of the
County Board of the county, the moneys may be invested by the treasurer and
the comptroller, if there is a comptroller of the county, in bonds or other
interest bearing obligations of the United States or in bonds of the State
of Illinois. The maturity date of the securities in which these moneys are
invested shall be prior to the due date of the particular issue of
superhighway bonds of the investing county. The County Board may cause
these securities to be sold whenever necessary to obtain cash to meet bond
and interest payments.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33006) (from Ch. 34, par. 5-33006)
Sec. 5-33006.
Joint construction by county and city.
The proceeds
of the superhighway bonds authorized under this Division may also be used
to pay a portion of the cost of superhighways constructed jointly by such
county and by any city located in the County and by the State of Illinois,
or jointly by such county and by the State of Illinois, or both.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33007) (from Ch. 34, par. 5-33007)
Sec. 5-33007.
Definition.
As used in this Division, the term
"superhighways" means streets, avenues, roads and drives constituting
limited access roadways, with all auxiliary streets, avenues, roads,
drives, bridges, viaducts, underpasses, and approaches for ingress and
egress to and from the main thoroughfares of such streets, avenues, roads,
and drives, and other necessary or appropriate appurtenances thereto, to
facilitate the movement of through traffic, to be constructed in accordance
with the resolutions of the County Board heretofore or hereafter approved
by the Department of Public Works and Buildings or the Department of
Transportation of the State of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33008) (from Ch. 34, par. 5-33008)
Sec. 5-33008.
Additional powers conferred.
This Division
shall be construed as conferring powers in addition to but not as limiting
powers granted under other laws.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-33009) (from Ch. 34, par. 5-33009)
Sec. 5-33009.
Any unexpended funds remaining after the retirement of bonds
sold pursuant to this Division 5-33 may be used by the county for any
highway construction, reconstruction or maintenance purposes.
(Source: P.A. 87-145.)
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(55 ILCS 5/Div. 5-34 heading) Division 5-34.
Expressways -
Counties over 500,000 Population
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(55 ILCS 5/5-34001) (from Ch. 34, par. 5-34001)
Sec. 5-34001.
Legislative determination.
It is
hereby declared as a matter of legislative determination
that there is excessive congestion on existing highways in large
metropolitan areas in counties having a population of more than 500,000
inhabitants, due to constant movement of large masses of passenger and
freight traffic to and from and within said metropolitan areas; that
existing highway facilities are inadequate to fulfill the requirements and
necessities of said traffic in said counties over 500,000 population; that
there is need in said counties of a special system of Expressway highways
of limited access, bridges, viaducts and other traffic facilities, through
and around cities, villages and incorporated towns, known as and
hereinafter called Expressways, designed to meet the requirements of
present and constantly increasing traffic and to join in with plans of the
Federal Government to establish a system of transcontinental roads designed
to meet the requirements of the national defense and the needs of a growing
peace time traffic of longer range; that the conditions herein described
are peculiar to counties having a population of over 500,000 inhabitants,
that existing governmental subdivisions and agencies do not have financial
means to provide such special systems of Expressway highways of limited
access, bridges, viaducts and other traffic facilities; that, therefore, in
order to promote and protect the health, safety and welfare of the public
in the rapid and safe movement of mass highway passenger and freight
traffic by means of special systems of limited access, Expressway highways
with no left turns or cross traffic, special bridges, viaducts and other
traffic facilities and to expedite the completion of the construction
thereof it is necessary to provide funds to pay the costs of constructing
such a project or projects including the costs and expenses incurred in the
acquisition of and payment for real and personal property involved in the
construction of said limited access, Expressway highways, bridges and
viaducts and other highway facilities appurtenant thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34002) (from Ch. 34, par. 5-34002)
Sec. 5-34002.
Bonds.
Any county in this State having a population of
500,000 or more inhabitants, by one or more resolutions of its Board of
Commissioners adopted from time to time, may incur indebtedness and issue
bonds for the purpose of constructing Expressways, which bonds are
hereinafter referred to as Expressway bonds, in an amount or amounts not
exceeding in the aggregate two hundred and forty-five million dollars
without submitting the question to the voters of such county for approval.
The Expressway bonds may be made registerable as to principal and may bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
payable at such time and place as may be provided in the bond
resolution or resolutions. The Expressway bonds shall remain valid even
though one or more of the officers executing the bonds ceases to hold his
or their offices before the bonds are delivered.
The bonds shall be sold to the highest and best bidder for not less than
their par value, upon sealed bids. The Board of Commissioners shall, from
time to time, as bonds are to be sold, advertise in a daily newspaper of
general circulation in such county for proposals to purchase the bonds.
Each of such advertisements for proposals shall be published at least 10
days prior to the date of the opening of the bids. The Board of
Commissioners may reserve the right to reject any and all bids.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 or "An Act to
revise the law in relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/5-34003) (from Ch. 34, par. 5-34003)
Sec. 5-34003.
Resolution authorizing bonds and tax levy.
The
resolution or resolutions authorizing the Expressway bonds shall prescribe
all the details thereof and shall provide for the levy of a direct annual
tax upon all the taxable property within the county to pay the principal
thereof and interest thereon as it matures. This tax shall be in addition
to and exclusive of the maximum of all other taxes authorized to be levied
by the county. Tax limitations applicable to the county provided by this
Code and by other statutes of this State shall not apply to taxes levied
for payment of Expressway bonds. However, taxes provided to be levied for
payment of Expressway bonds shall not be in excess of the constitutional
limitation of seventy-five cents per $100 valuation unless that excess is
authorized by a vote by the people of the county. Such resolution or
resolutions shall also provide that when the General Assembly shall have
appropriated and allotted to such County or Counties a sum sufficient to
retire the principal of and interest on bonded indebtedness due annually
arising from the issuance of said Expressway bonds, issued for the purpose
of constructing Expressways, in Counties having a population of more than
500,000 inhabitants, from general highway funds and/or funds made available
by Acts of Congress, in accordance with the provisions of the Federal Aid
Road Act of 1916, as amended and supplemented, and allotted to the several
Counties in accordance with the laws appertaining thereto, such funds shall
be paid into the Expressway bond and interest sinking fund account or
accounts, required to be created by Section 5-34006, which provisions
shall be deemed additional security for payment of the Expressway bonds and
interest thereon and shall be irrepealable by the Board of Commissioners so
long as any Expressway bonds and interest thereon are unpaid. If more than
one bond resolution is adopted under the authority of this Division, each
such allotment of moneys from the State of Illinois shall be apportioned
among the sinking fund accounts for such bond issues in proportion to the
principal amount of each issue. If, and when, the moneys received, or to be
received, from the State of Illinois by such County during any calendar
year and deposited in the Expressway bond and interest sinking fund account
or accounts, equal the amount of taxes levied and next to be extended for
payment of principal of and interest on all Expressway bonds issued under
authority of this Division, the balance of the moneys received from the
State of Illinois during that calendar year shall be deposited in a special
account hereby required to be created and which shall be designated as the
Expressway bond and interest sinking fund account. A certified copy of the
bond resolution or resolutions adopted under authority of this Division
shall be filed with the County Clerk of the county and shall constitute
authority for the extension and collection of Expressway bond and interest
taxes as required by the constitution. A certified copy of the bond
resolution or resolutions shall also be filed with the Directors of the
Department of Central Management Services and the Department of
Transportation of this State.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34004) (from Ch. 34, par. 5-34004)
Sec. 5-34004.
Form and denomination of bonds.
The Expressway bonds shall be of such form and denomination,
payable at such place, bear such date, and be executed by such officials as
may be provided by the Board of Commissioners in the bond resolution or
resolutions. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond resolution or resolutions. If there is no default in
payment of principal or of interest on the Expressway bonds, and after
setting aside a sum of money equal to the amount of interest that will
accrue on the Expressway bonds, and a sum of money equal to the amount of
principal that will become due thereon within the next six months period,
the Treasurer and Comptroller, if there is a Comptroller, of the county
shall use the moneys available from the proceeds of the taxes levied for
the payment of Expressway bonds and the moneys available from the State of
Illinois applicable to such bonds in calling them for payment, if, by their
terms, they are subject to redemption. Expressway bonds called for payment
and paid shall be marked paid and cancelled.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34005) (from Ch. 34, par. 5-34005)
Sec. 5-34005.
Reduction of taxes on payment of bonds called.
Whenever any Expressway bonds are called for payment and paid as provided
in Section 5-34004, the taxes thereafter to be extended for payment of the
principal of and interest on the remainder of the issue shall be reduced in
an amount equal to the principal of and interest that would have thereafter
accrued upon the Expressway bonds so called for payment and paid. A
resolution or resolutions shall be adopted by the Board of Commissioners
finding these facts and a certified copy or copies thereof shall be filed
with the County Clerk and with the Directors of the Department of Central
Management Services and the Department of Transportation. The County Clerk
shall thereupon reduce and extend such tax levies in accordance with said
resolution or resolutions. To the extent that moneys from the State of
Illinois have actually been paid into the Expressway bond and interest
sinking fund account or accounts required to be created by Section 5-34006, the
taxes next to be extended for payment of principal of and interest on said
bonds shall be abated, or reduced, as the case may be. Prior to the
extension of each year's taxes, the Board of Commissioners of such county
shall adopt a resolution or resolutions finding such facts and shall file a
certified copy or copies thereof with the County Clerk. Thereupon the
County Clerk shall abate or reduce, as the case may be, and extend such tax
levies in accordance therewith.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34006) (from Ch. 34, par. 5-34006)
Sec. 5-34006.
Deposit of proceeds.
Moneys received from the proceeds of
taxes levied for the payment of principal of and interest on Expressway
bonds and moneys received from the State of Illinois applicable to such
payment of principal of and interest on Expressway bonds shall be deposited
in a special account hereby required to be created and which shall be
designated as the "Expressway Bond and Interest Sinking Fund Account of the
County of ....". If more than one resolution authorizing Expressway bonds
is adopted, a separate sinking fund account shall be created for the
Expressway bonds issued pursuant to each such resolution. The moneys in
each such sinking fund account shall be faithfully applied to the payment
of Expressway bonds and interest thereon as provided in this Division.
If the moneys in such sinking fund account or accounts is not
immediately necessary for the payment of Expressway bonds and interest
thereon, then, under the direction of the Board of Commissioners of the
County, the moneys may be invested by the Treasurer and the Comptroller, if
there is a Comptroller of the County, in the bonds or other
interest-bearing obligations of the United States or in bonds of the State
of Illinois. The maturity date of the securities in which these moneys are
invested shall be prior to the due date of the particular issue of
Expressway bonds of the investing county. The Board of Commissioners may
cause these securities to be sold whenever necessary to obtain cash to meet
bond and interest payments.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34007) (from Ch. 34, par. 5-34007)
Sec. 5-34007.
Joint construction by county and city.
The proceeds
of the Expressway bonds authorized under this Division may also be used to
pay a portion of the cost of Expressways constructed jointly by such county
and by any city, village or incorporated town located in the County and by
the State of Illinois, or jointly by such county and by the State of Illinois,
or both.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34008) (from Ch. 34, par. 5-34008)
Sec. 5-34008.
Definition.
As used in this Division, the
term "Expressways" means streets, avenues, roads and drives constituting
limited access roadways, with all auxiliary streets, avenues, roads,
drives, bridges, viaducts, underpasses, and approaches for ingress and
egress to and from the main thoroughfares of such streets, avenues, roads
and drives, and other necessary or appropriate appurtenances thereto, to
facilitate the movement of through traffic, to be constructed in accordance
with the resolutions of the Board of Commissioners heretofore or hereafter
approved by the Department of Public Works and Buildings or the Department
of Transportation of the State of Illinois and in accordance with the
provisions of Section 15d of "An Act to revise the law in relation to roads
and bridges", approved June 27, 1913, as amended or Section 5-403 of the
"Illinois Highway Code" as the same may from time to time be amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34009) (from Ch. 34, par. 5-34009)
Sec. 5-34009.
Additional powers conferred.
This Division shall be
construed as conferring powers in addition to, but not as limiting powers
granted under other laws.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-34010) (from Ch. 34, par. 5-34010)
Sec. 5-34010.
Any unexpended funds remaining after the retirement of
bonds sold pursuant to this Division 5-34 may be used by the county for any
highway construction, reconstruction or maintenance purposes.
(Source: P.A. 87-145.)
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(55 ILCS 5/Div. 5-35 heading) Division 5-35.
Committees on Finance
and Public Service - Cook County
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(55 ILCS 5/5-35001) (from Ch. 34, par. 5-35001)
Sec. 5-35001.
Committees on finance and public service.
The
board of Commissioners of the County of Cook shall establish and provide
for the appointment of a committee on finance and may establish and provide
for the appointment of a committee on public service. The Board of
Commissioners may provide for a superintendent of public service, who shall
hold his office for one year and until his successor is appointed. He may
be suspended or removed by the president. He shall give a sufficient bond
for the performance of his duties and be subject to the oversight and
supervision of the committee on the public service. He shall perform such
duties relative to the public service which may be assigned to him by the
board of commissioners, who shall make and maintain regulations for the
conduct and government of the department of public service not inconsistent
with this Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-36 heading) Division 5-36.
Purchasing - Cook County
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(55 ILCS 5/5-36001) (from Ch. 34, par. 5-36001)
Sec. 5-36001.
Contracts for supplies, material and work.
All contracts for supplies, material and work for the County
of Cook shall be let as herein provided. All contracts for
supplies, material or work for Cook County shall be approved by
the board of commissioners and signed by the president of the
board, the county purchasing agent and the comptroller. Supplies
shall be issued only on the requisition of the responsible
officers of the county institutions now or hereafter established
by law, approved by the county purchasing agent.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36002) (from Ch. 34, par. 5-36002)
Sec. 5-36002.
County purchasing agent.
There shall be a county
purchasing agent for the County of Cook who shall be appointed by the
president by and with the consent of the Board of Commissioners. He shall
hold office for one year and until his successor is appointed. No person
shall be appointed county purchasing agent unless he has had at least three
years experience in an executive capacity in the purchasing office of a
private or public corporation whose purchases are reasonably comparable in
size to those of the County of Cook. His salary shall be fixed by the Board
of Commissioners. He shall give a bond for the due performance of his
duties in an amount to be prescribed by the Board of Commissioners. The
county purchasing agent shall have power to appoint, in accordance with
civil service regulations, the necessary employees of his office and to
prescribe their duties. The number and salaries of such employees shall be
fixed by the Board of Commissioners.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36003) (from Ch. 34, par. 5-36003)
Sec. 5-36003.
Powers and duties of purchasing agent.
The county
purchasing agent shall, subject to the control and supervision of the board
of commissioners, (a) purchase or contract for all supplies, materials and
equipment, and contractual services required by any Office, department,
institution or agency of the county government subject to the provisions,
restrictions and limitations of this Division; (b) enforce standard
specifications established in accordance with this Division which shall
apply to all supplies, materials and equipment purchased for the use of any
Office, department, institution or agency of the county government; (c)
have charge of all central storerooms now operated by or hereafter
established by any Office, department, institution or agency of the county
government; (d) transfer to or between the various Offices, departments,
institutions or agencies of the county government and trade in and sell
supplies, materials and equipment which are surplus, obsolete or unusable;
(e) have charge of such other purchasing activities as the Board
of Commissioners may assign to him from time to time; (f) distribute or
cause to be distributed to the various Offices, departments, institutions or
agencies of the county government all supplies, materials and equipment
purchased by him. Except as otherwise expressly provided by law, no
supplies, materials or equipment or contractual services shall be purchased
or contracted for by any Office, department, institution or agency of the
county, or by any officer or employee thereof, but all such supplies,
materials, equipment or contractual services shall be purchased or
contracted for by such county purchasing agent in accordance with this
Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36004) (from Ch. 34, par. 5-36004)
Sec. 5-36004.
Definitions.
The term "supplies, materials and
equipment" as used in this Division shall include any and all articles
or things which shall be furnished to or used by any Office, department,
institution or agency of the county government, including supplies
necessary for dieting prisoners confined in the jail of said county.
"Contractual services" shall include all purchases, leases, and contracts
for impersonal services, necessary for the operation of any Office,
department, institution or agency of the county government which are not
encompassed in the above definition of "supplies, material and equipment".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36005) (from Ch. 34, par. 5-36005)
Sec. 5-36005.
Rules and regulations.
The county purchasing agent,
subject to the approval of the Board of Commissioners, shall adopt,
promulgate, and from time to time amend the rules and regulations for the
proper conduct of his office.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36006) (from Ch. 34, par. 5-36006)
Sec. 5-36006.
Competitive bids; government surplus materials.
The purchases of and contracts for supplies, materials,
equipment and contractual services and all sales of personal property which
has become obsolete or unusable shall be based on competitive bids. If the
amount involved is estimated to exceed $10,000, sealed bids shall be
solicited by public notice inserted at least once in a newspaper of
countywide circulation and at least five calendar days before the final
date of submitting bids. Such notices shall include a general description
of the commodities or contractual services to be purchased or personal
property to be sold and shall state where all blanks and specifications may
be obtained and the time and place for the opening of bids. The county
purchasing agent may also solicit sealed bids by sending requests by mail
to prospective suppliers and by posting notices on a public bulletin board
in his office. If supplies, materials, equipment, and contractual services
can be obtained through, or are manufactured or produced by, persons confined
in institutions and facilities of the Illinois Department of Corrections, the
county purchasing agent is expressly required to solicit sealed bids from the
Illinois Department of Corrections for such supplies, materials, equipment, and
contractual services by sending requests for bids by mail to the Illinois
Department of Corrections. All purchases or sales of $10,000 or less may be
made in the
open market without publication in a newspaper as above provided, but
whenever practical shall be based on at least three competitive bids. All
sales of obsolete or unusable material shall be made to the highest
responsible bidder. Wherever the Board of Standardization hereinafter
provided for shall have prescribed standard specifications, bids on
purchases of supplies, materials and equipment shall be based on such
standard specifications. All purchases, orders or contracts shall be
awarded to the lowest responsible bidder, taking into consideration the
qualities of the articles supplied, their conformity with the
specifications, their suitability to the requirements of the county and the
delivery terms. All bids may be rejected and new bids solicited if the
public interest may be served thereby. In all cases where the amount of the
expenditure, or sales price of obsolete and unusable equipment, exceeds
$10,000, the Board of Commissioners shall not approve any purchase or order
or contract or sale except on the recommendation of the county purchasing
agent unless the recommendation of the county purchasing agent and the
reasons for not accepting his recommendation are spread at large on the
published records of the Board of Commissioners. Each bid, with the name of
the bidder, shall be entered on a record, which record with the successful
bid indicated thereon shall, after the award of the purchase or order or
contract, be open to public inspection. A copy of all contracts shall be
filed with the County Comptroller and with the county purchasing agent.
Contracts which by their nature are not adapted to award by competitive
bidding, such as contracts for the services of individuals possessing a
high degree of professional skill where the ability or fitness of the
individual plays an important part, contracts for printing of Finance
Committee pamphlets, Comptroller's estimates, and departmental reports,
contracts for the printing or engraving of bonds, tax warrants and other
evidences of indebtedness, contracts for utility services such as water,
light, heat, telephone or telegraph, and contracts for the purchase of
magazines, books, periodicals and similar articles of an educational or
instructional nature, and the binding of such magazines, books,
periodicals, pamphlets, reports and similar articles shall not be subject
to the competitive bidding requirements of this Section. The purchasing
agent is expressly authorized to procure from any federal, state or local
governmental unit or agency thereof such surplus materials, supplies,
commodities or equipment as may be made available through the operation of
any legislation heretofore or hereafter enacted without conforming to the
competitive bidding requirements of this Section. Regular employment
contracts in the county service, whether with respect to the classified
service or otherwise, shall not be subject to the provisions of this
Section nor shall this Section be applicable to the granting or issuance
pursuant to powers conferred by laws, ordinances or resolutions, of
franchises, licenses, permits or other authorizations by the county board,
or by departments, offices, institutions, boards, commissions, agencies or
other instrumentalities of the county, nor to contracts or transactions,
other than the sale or lease of personal property, pursuant to which the
county is the recipient of money.
The provisions of this Section are subject to any contrary provision
contained in "An Act concerning the use of Illinois mined coal in certain
plants and institutions", filed July 13, 1937, as heretofore or hereafter
amended.
(Source: P.A. 89-89, eff. 6-30-95.)
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(55 ILCS 5/5-36007) (from Ch. 34, par. 5-36007)
Sec. 5-36007.
Purchases in open market.
The
county purchasing agent under such terms and conditions as
the Board of Commissioners may prescribe, may authorize in writing any
Office, department, institution or agency of the county government to
purchase in the open market without filing a requisition or estimate, any
supplies, material or equipment for immediate delivery to meet actual
emergencies. A full written account of the circumstances necessitating any
such emergency purchase, together with a requisition upon which the
emergency purchase was secured shall be submitted at once to the county
purchasing agent by the head of the Office, department, institution or
agency of the county government concerned. The records of such transactions
shall be open to public inspection.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36008) (from Ch. 34, par. 5-36008)
Sec. 5-36008.
Contracts in violation of regulations.
If any
Office, department, institution or agency of the county government or
officer or employee thereof shall purchase or contract for any supplies,
materials, equipment or contractual services contrary to the provisions of
this Division, or contrary to the rules and regulations made
thereunder, such order or contract shall be void and of no effect, and if
county funds shall have been paid out upon such order or contract, the
amount thereof may be recovered in the name of the county in an appropriate
action instituted therefor.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36009) (from Ch. 34, par. 5-36009)
Sec. 5-36009.
Interests of officers and employees.
Neither the
county purchasing agent nor any member of the Board of Standardization
created by this Division shall be financially interested, either directly
or indirectly, in any contract for or purchase of any supplies, materials,
equipment or contractual services furnished to or used by any office,
department, institution or agency of the county government. The county
purchasing agent or any member of his staff, or any member of the Board of
Standardization who shall accept or receive directly or indirectly from any
person, firm or corporation to which any contract or purchase order may be
awarded, any rebate, gift, money, or anything of value whatsoever, be
guilty of a business offense and shall be fined not to exceed $10,000 and
shall forfeit his right to his office, trust or employment and shall be
removed therefrom.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36010) (from Ch. 34, par. 5-36010)
Sec. 5-36010.
Board of Standardization.
There shall be a Board of
Standardization for the County of
Cook composed of the County purchasing agent who shall be chairman, the
Superintendent of the County Hospital, or some person designated by him,
the superintendent of the Oak Forest Hospital, or some person designated by
him, the Superintendent of Highways, or some person designated by him, the
Sheriff, or some person designated by him, and the President of the County
Board, or some person designated by him. The members of the Board of
Standardization shall receive no compensation for their services as such
members. It shall be the duty of the Board of Standardization to classify
the requirements of the county government as to supplies, materials and
equipment; to adopt as standards the smallest number of the various
qualities, sizes and varieties of such supplies, materials and equipment
consistent with the efficient operation of the county government, and to
prepare, adopt and promulgate written specifications describing such
standards. In the preparation and revision of any such standard
specifications, the Board of Standardization shall seek the advice,
assistance and cooperation of the county Offices, departments, institutions
and agencies concerned to ascertain their requirements. All specifications
must be definite and certain, and, in so far as possible, permit of
competitive bids. After its adoption, each standard specification shall,
until revised or rescinded, apply alike in terms and effect to every future
purchase and contract for the purchase of every commodity.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-36011) (from Ch. 34, par. 5-36011)
Sec. 5-36011.
Annual report by county purchasing agent.
The
county purchasing agent shall, at such time as prescribed by the Board of
Commissioners, submit to the Board an annual report of the activities of
his office.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-37 heading) Division 5-37.
County Hospitals - Counties
over 1,000,000 Population
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(55 ILCS 5/5-37001) (from Ch. 34, par. 5-37001)
Sec. 5-37001.
Applicability; subtitle.
This Division shall apply
only in counties containing 1,000,000 or more inhabitants, and shall be
subtitled the "County Hospitals Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37002) (from Ch. 34, par. 5-37002)
Sec. 5-37002.
Legislative declaration.
The General Assembly recognizes that adequate health care is a
fundamental right of the people of the State of Illinois; that there
should be no distinction in the availability of quality health care
based upon one's inability to pay; that the alarming acceleration of
health care costs often results in calamitous financial burdens for the
unfortunate families which suffer major illnesses or injuries; and that
there exists an urgent need for substantial improvement in the State's
ability to provide health care services to the indigent in a proficient
and compassionate manner. Therefore, it is the intent of the General
Assembly to establish efficient and economical systems of public health
care delivery in densely populated counties throughout the State.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37003) (from Ch. 34, par. 5-37003)
Sec. 5-37003.
Duties and powers of board of commissioners.
The Board of Commissioners shall have and exercise all rights,
powers and duties heretofore exercised by the Commission. All books,
records, papers, documents, property, real and personal, unexpended
appropriations and pending business in any way pertaining to the rights,
powers and duties of the Commission shall be transferred and delivered to
the Board of Commissioners. All rights, duties and obligations of the
Commission shall become the rights, duties and obligations of the Board
of Commissioners.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37004) (from Ch. 34, par. 5-37004)
Sec. 5-37004.
Contracts for operation of hospitals, programs and
services. The Board of Commissioners may contract with one or more
responsible corporations, hospitals, health care
facilities or units of local government or with the
governing authorities of any institution of higher education, and
specifically may enter into joint ventures and reciprocal agreements with
the University of Illinois Hospital, for the
operation of any hospital, health or allied medical research programs
and for the provision of any medical, surgical, or nursing, health,
research or laboratory services which the county has been or may be
required or authorized by law to provide, and the Board may
contract for any other service for the convenience of its operations as
it may deem advisable.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37005) (from Ch. 34, par. 5-37005)
Sec. 5-37005.
Budget; appropriations.
The Board of
Commissioners of such county shall prepare a consolidated
budget covering all anticipated income, expenses, and capital
outlays of any such hospital, hospital facility and the hospital,
medical, nursing, health and allied medical programs related thereto,
of any comprehensive health plans and services provided in accordance
with such plans, and of any agreement or contracts with public or
private nonprofit hospitals or health care facilities. The Board of
Commissioners shall appropriate, in accordance with Division 6-24,
a sufficient sum of money as the Board deems necessary to meet the
expenses and to carry out the provisions of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37006) (from Ch. 34, par. 5-37006)
Sec. 5-37006. Reimbursement for cost of services. In relation
to inpatient hospital services provided at any health care facility
maintained by the Commission to any person under the legal custody of the
Sheriff of Cook County pending trial the Commission may obtain
reimbursement from the confined person to whom the services were provided
for the cost of such services to the extent that such person is reasonably
able to pay for such care, including reimbursement from any insurance
program or from other medical benefit programs available to such person.
If such person has already been determined eligible for medical assistance
under the Illinois Public Aid Code at the time the person is initially
detained pending trial, the cost of such services, to the extent such cost
exceeds $2,500, shall be reimbursed by the Department of Healthcare and Family Services under
that Act. A reimbursement under any public or private program authorized
by this Section shall be paid to the Commission to the same extent as would
obtain had the services been rendered in a non-custodial environment.
This Section does not apply to services provided to any person who
has been convicted of or has pleaded guilty to an offense and is held in
custody pending sentencing or under sentence of the court.
(Source: P.A. 95-331, eff. 8-21-07.)
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(55 ILCS 5/5-37007) (from Ch. 34, par. 5-37007)
Sec. 5-37007.
Reports to Department of Public Health.
The Board
of Commissioners shall submit a semi-annual report in
writing to the Illinois Department of Public Health including, but not
limited to: conditions, plans and programs of the Board and the
hospitals, facilities, and programs under its control.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37008) (from Ch. 34, par. 5-37008)
Sec. 5-37008.
Operation plans.
The Board of Commissioners shall
submit to the General Assembly on or before May 1, 1980 a plan by which the
facilities and programs under this Division can be operated in a fiscally
responsible manner. The plan shall consider both short-term and long-term
expenditures necessary for operations and capital developments. In
addition the plan shall contain an assessment of the level of health care
which the facilities and programs are able to deliver and an estimate of
any additional revenues the Board might deem necessary to provide
continuous, quality health care for the residents of Cook County.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37009) (from Ch. 34, par. 5-37009)
Sec. 5-37009.
Exemptions.
This Division shall not apply to
sanitariums or other facilities established under Division 5-23, nor under
"AN ACT to provide for the creation and management of tuberculosis
sanitarium districts", approved May 21, 1937, as amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37010) (from Ch. 34, par. 5-37010)
Sec. 5-37010.
Audit of accounts.
The accounts and records of
financial transactions of the hospitals, facilities and programs managed
pursuant to this Division shall be subject to audit by the County Auditor
of Cook County and by the Auditor General of the State of Illinois and the
Board of Commissioners shall in addition authorize at least annually an
official or certified audit.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-37011) (from Ch. 34, par. 5-37011)
Sec. 5-37011. Hospital security police force. The board of
commissioners, subject to the applicable merit system rules, may establish
and maintain a Hospital Security Police Force and may define and prescribe
all such peace officers' duties and compensation. Every security police
officer appointed by the board to such Security Police Force, as the same
shall be from time to time hereafter constituted, shall have and is hereby
vested with police powers, and is hereby authorized to act as a conservator
of the peace within and upon any and all hospital facilities operated and
hospital premises controlled by such board, and shall have power to make
arrests or cause to be arrested, with or without process, any person who
breaks the peace, or may be found violating any State statutes or city or
county ordinances within or upon such facilities or premises.
The board may establish reasonable eligibility requirements for appointment
to such Security Police Force relating to residence, health, habits and
moral character. However, no person may be appointed hereunder unless that
person is at least 21 years of age. No person may be appointed to or be
retained in the Hospital Security Police Force unless that person is of
good character and not a habitual drunkard, gambler or a person convicted
of a felony or a crime involving moral turpitude. All Security Police Force
personnel authorized to carry weapons within or upon hospital facilities
or premises while on-duty shall receive a course of training in the legal
and practical use of such weapons as is required of a police officer under
the Peace Officer and Probation Officer Firearm Training Act and all such Security Police Force personnel
shall also have received the training and certification required by the
"Illinois Police Training Act" as now or hereafter amended. Security Police
Force personnel shall not carry weapons while off-duty and all weapons shall
be checked and secured on the hospital premises while such personnel remain
off-duty.
(Source: P.A. 98-725, eff. 1-1-15.)
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(55 ILCS 5/Div. 5-38 heading) Division 5-38.
Public County
Library Service
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(55 ILCS 5/5-38001) (from Ch. 34, par. 5-38001)
Sec. 5-38001.
Establishment, equipment and maintenance.
Subject
to the provisions of Section 5-38012, every county board shall establish,
equip and maintain a public county library service.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38002) (from Ch. 34, par. 5-38002)
Sec. 5-38002.
Contract with existing library.
In
performing this duty, the county board may, if it is deemed
advisable, contract in writing, with an existing library or libraries in
any county, to establish, equip and maintain a public county library
service. The contract shall contain provisions requiring the contracting
library or libraries to (a) establish, equip and maintain a county library;
(b) establish, equip and maintain such branches and stations of the county
library in the various parts of the county as may be deemed necessary by
the county board; (c) acquire and circulate books, periodicals, pamphlets,
musical scores and records, pictures, stereopticon slides, motion picture
films and other educational material, (d) do all other things necessary to
carry on an efficient public county library service; also such contract
shall contain provisions specifying that one or more representatives of
each party to the contract, may participate in and vote at all meetings in
which matters relating to the library service, furnished under the
contract, are considered.
The making and performance of any such contract shall be under the
supervision of the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38003) (from Ch. 34, par. 5-38003)
Sec. 5-38003.
County library board.
The public
county library service except in counties where such a
service is maintained by contract with an existing library or libraries,
shall be under the direct supervision and control of a county library
board. This board shall consist of five members, who shall be appointed by
the presiding officer of the county board with the advice and consent of
the county board. Of the first members to be appointed, one member shall be
appointed for a term of one year, one for a term of two years, one for a
term of three years, one for a term of four years, and another for a term
of five years. Thereafter, upon the expiration of each of these terms, the
members of the county library board shall be appointed for terms of five
years each. A vacancy upon the county library board shall be filled for the
unexpired portion of the term in like manner. In counties where the public
county library service is maintained by contract with an existing library
or libraries, the making and performance of any such contract shall be
under the supervision of the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38004) (from Ch. 34, par. 5-38004)
Sec. 5-38004.
Expenses of board members.
The members of
the county library board shall serve without
compensation but their actual and necessary expenses shall be a proper and
legitimate charge against the library fund.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38005) (from Ch. 34, par. 5-38005)
Sec. 5-38005.
Prompt payment.
Purchases made
pursuant to this Division shall be made in compliance with the
"Local Government Prompt Payment Act".
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38006) (from Ch. 34, par. 5-38006)
Sec. 5-38006.
Officers of board.
Immediately after their appointment
the members of the county library board shall elect a president and a
secretary-treasurer from among their number.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38007) (from Ch. 34, par. 5-38007)
Sec. 5-38007.
Powers and duties of board.
The county library
board shall (a) establish, equip and maintain a
county library; (b) establish, equip and maintain branches and stations of
the county library in the various parts of the county; (c) acquire and
circulate books, periodicals, pamphlets, musical scores and records,
pictures, stereopticon slides, motion picture films, and other educational
material; (d) receive and administer legacies and gifts of real
and personal property; (e) appoint a county librarian and necessary
assistants and employees, and fix their compensation; (f) make, alter and
amend, from time to time, reasonable by-laws, rules and regulations for the
operation of the public county library service; and (g) do all other things
necessary to carry on an efficient public county library service.
In establishing, equipping and maintaining branches or stations of the
county library, the county library board may, if deemed advisable,
contract, in writing, with existing libraries to serve as such branches or
stations.
Whenever a county library board which has been duly appointed may desire
to erect a library building, or to purchase a building or a site, or both,
for a library, or to accumulate a fund for either or both of these
purposes, it shall proceed in the manner provided for the carrying out of
similar purposes in "An Act in relation to free public libraries for
cities, villages, incorporated towns and townships and to repeal Acts and
parts of Acts therein named", approved July 12, 1965, as amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38008) (from Ch. 34, par. 5-38008)
Sec. 5-38008.
Annual tax levy.
An annual tax of
not to exceed .04%, or the rate limit in
effect on July 1, 1967, whichever is greater, of the value, as equalized
or assessed by the Department of Revenue, of all
taxable property within each county which has established a public
county library service may be assessed, levied and collected by that
county in the manner provided for the assessment, levy and collection of
other taxes for county purposes.
Such tax rate may be increased in excess of .04% but not in excess of
.08% of the value, as equalized or assessed by the Department of Revenue
under the following terms and conditions. Prior to
the levy and collection of such a tax, the county board shall adopt a
resolution authorizing the levy and collection of the tax at a rate not
in excess of .08% of the value of all taxable property within the county
as equalized or assessed by the Department of Revenue,
and, within fifteen days after the adoption of such a resolution, it
shall be published once in a newspaper published or having a general
circulation in the county. The publication of the resolution 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 resolution be submitted
to the electors of the county; (2) the time in which the petition must be
filed; and (3) the date of the prospective referendum. The county clerk
shall provide a petition form to any individual requesting one.
If no petition is filed in the office of the county clerk, as
hereinafter provided in this Section, within 30 days after the
publication of the resolution, or if all such petitions so filed are determined
to be invalid or insufficient, the resolution shall be in effect. But,
if within that 30 day period a petition is filed in the office of the
county clerk, signed by electors numbering not less than 5% of the
number of electors residing within the county, asking that the question
of levying and collecting such tax be submitted to the electors of the
county, the board shall certify that question to the proper election officials,
who shall submit the question at an election in accordance with the general
election law. If a majority of electors voting upon the question voted in
favor of the levy and collection of the tax provided for, such county
shall be authorized and empowered to levy and collect such tax annually,
but if a majority of the electors voting upon the question are not in
favor thereof, the resolution shall not take effect.
Such tax rate may be increased to not to exceed .20% of the value, as
equalized or assessed by the Department of Revenue, if
the voters in such county shall so determine by a majority of those
voting upon the proposition at any regular election. The proposition shall be
in substantially the following form:
Shall the annual tax rate forcounty library purposes in...... YESCounty be increased from not toexceed (insert present maximum rate) to not to exceed .20% ofthe assessed value of all taxable NOproperty within the county?
Any such tax authorized by the voters shall not be included within
any constitutional or statutory limitation for county purposes, but
shall be excluded therefrom and be in addition thereto and in excess
thereof. 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. 86-962.)
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(55 ILCS 5/5-38009) (from Ch. 34, par. 5-38009)
Sec. 5-38009.
Proceeds of tax in separate fund.
In counties having a population of 25,000 or more, the proceeds of
this tax shall be deposited in the treasury of the county in a separate
library fund. In counties having a population of less than 25,000, the
proceeds thereof, shall be paid over by the person charged with the
collection thereof to the county library board and deposited by it in a
fund to be known as the county library fund; and in counties of such
population such library board shall require the treasurer of such board or
such other person as may be designated as the custodian of the moneys paid
over to such board to give a bond to be approved by it and in such amount,
not less than $1,000 nor more than $10,000 as the board may determine,
conditioned that he will safely keep and will pay over upon the order of
such board all funds received and held by him for such board.
No part of this fund shall be expended except upon warrants certified to
as correct by the county librarian and approved by the president of the
county library board. In cases where the public county library service is
maintained by contract with an existing library or libraries, no part of
the library fund shall be expended except upon warrants certified to as
correct by the librarian or two (2) members of the board of any such
library and approved by the president of the board of trustees of any such
library.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38010) (from Ch. 34, par. 5-38010)
Sec. 5-38010.
Fiscal year.
The fiscal year of any
public county library service shall be
co-extensive with the fiscal year of that county.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38011) (from Ch. 34, par. 5-38011)
Sec. 5-38011.
Report of board.
Within 30 days
after the close of each fiscal year, the county
library board shall make a written report to the county board. In cases
where a public county library service is maintained by contract with an
existing library or libraries, a report shall be made to the county board
at the same time by the librarian or the secretary or some other officer of
the county library board of such library or libraries. A copy of each
report shall be filed at the same time with the Illinois State library.
It shall contain (a), an itemized statement of the various sums of money
received from the library fund, or from other sources; (b), an itemized
statement of the objects and purposes to which those sums of money have
been devoted; (c), a statement of the number of books and periodicals
available for use, and the number thereof circulated during the fiscal
year; (d), a statement of the real and personal property acquired by
legacy, purchase, gift or otherwise, during the fiscal year; (e),
a statement of the number, location and character of the branches or
stations of the public county library service, if any, established during
the fiscal year; (f), a statement of the character of any other extensions
of public county library service undertaken during the fiscal year; and
(g), any other statistics or information that may be required by the county
board.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38012) (from Ch. 34, par. 5-38012)
Sec. 5-38012.
Referendum on establishment of county library
service. None of the foregoing powers or duties shall be exercised,
however, unless the question of establishing a public county library
service shall have been submitted to the voters of the county, at a regular
election, and unless a majority of the votes cast upon the question at
any such election within the limits of the cities, villages and
incorporated towns in the county and a majority of those cast upon the
question outside the limits of such cities, villages or incorporated
towns shall be in favor of the establishment of a public county library
service.
This question shall not be submitted to the voters, however, unless
there shall have been filed a petition therefor, signed by
not less than one hundred legal voters of the county.
The proposition of establishing a public county library service shall be
in substantially the following form: FOR the establishment of a public
county library service. AGAINST the establishment of a public county
library service.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-38013) (from Ch. 34, par. 5-38013)
Sec. 5-38013.
Inapplicability to counties of 500,000 or more.
This Division shall not apply to counties having a population of
500,000 or more.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 5-39 heading) Division 5-39.
County
Law Libraries
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(55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001)
Sec. 5-39001. Establishment and use; fee. The county board of any
county may establish and maintain a county law library, to be located in
any county building or privately or publicly owned building at the county
seat of government. The term "county building" includes premises leased by
the county from a public building commission created under the Public
Building Commission Act. After August 2, 1976, the county board of any
county may establish and maintain a county law library at the county seat
of government and, in addition, branch law libraries in other locations
within that county as the county board deems necessary.
The facilities of those libraries shall be freely available to all
licensed Illinois attorneys, judges, other public officers of the county,
and all members of the public, whenever the court house is open, and may include self-help centers and other legal assistance programs for the public as part of the services it provides on-site and online.
The expense of establishing and maintaining those libraries shall be
borne by the county. To defray that expense, including the expense of any attendant self-help centers and legal assistance programs, in any county having
established a county law library or libraries, the clerk of all
trial courts located at the county seat of government shall charge and
collect a county law library fee of $2, and the county board may
authorize a county law library fee of not to exceed $21 through December 31, 2021 and $20 on and after January 1, 2022,
to be charged and collected by the clerks of all trial courts located in
the county.
The fee shall be paid at the time of filing the first pleading,
paper, or other appearance filed by each party in all civil cases, but no
additional fee shall be required if more than one party is represented in a
single pleading, paper, or other appearance.
Each clerk shall commence those charges and collections upon
receipt of written notice from the chairman of the county board that
the board has acted under this Division to establish and
maintain a law library.
The fees shall be in addition to all other fees and charges of the
clerks, assessable as costs, remitted by the clerks monthly to the county
treasurer, and retained by the county treasurer in a special fund
designated as the County Law Library Fund. Except as otherwise provided in
this paragraph, disbursements from the fund
shall be by the county treasurer, on order of a majority of the resident
circuit judges of the circuit court of the county. In any
county with more than 2,000,000 inhabitants,
the
county board shall
order disbursements from the fund and the presiding officer of the
county board, with the advice and consent of the county board, may
appoint a library committee of not less than 9 members, who, by majority
vote, may recommend to the county board as to disbursements of
the fund and the operation of the library. In single county circuits with
2,000,000 or fewer
inhabitants, disbursements from the County Law Library Fund shall be made by
the county treasurer on the order of the chief judge of the circuit court of
the county. In those single county circuits, the number of personnel necessary
to
operate and maintain the county law library shall be set by and those personnel
shall be appointed
by the chief judge. The county law library personnel shall serve at the
pleasure
of the appointing authority. The salaries of those personnel shall be fixed by
the county board of the county.
Orders shall be
pre-audited, funds shall be audited by the county auditor, and
a report of the orders and funds shall be rendered to
the county board and to the judges.
Fees shall not be charged in any criminal or quasi-criminal
case, in any matter coming to the clerk on change of venue, or in
any proceeding to review the decision of any administrative officer,
agency, or body.
No moneys distributed from the County Law Library Fund may be directly or indirectly used for lobbying activities, as defined in Section 2 of the Lobbyist Registration Act or as defined in any ordinance or resolution of a municipality, county, or other unit of local government in Illinois. (Source: P.A. 98-351, eff. 8-15-13; 99-859, eff. 8-19-16.)
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(55 ILCS 5/Div. 5-40 heading) Division 5-40.
Floodplain Regulation
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(55 ILCS 5/5-40001) (from Ch. 34, par. 5-40001)
Sec. 5-40001.
Floodplain regulations.
Counties are authorized to adopt and
enforce floodplain regulations consistent with Federal Emergency Management
Agency regulations that implement the National Flood Insurance Act of 1968, as
amended. For the purposes of preventing flood damages and preserving the flood
carrying capacity of streams, floodplain regulations shall apply to all
buildings, structures, construction, excavation, and filling in the floodplain
whether or not the land, buildings, structures, construction, excavation, or
filling are for agricultural purposes. The Department of Natural Resources
shall prepare manuals and model ordinances and shall advise
counties on achieving floodplain regulation purposes without unnecessarily
interfering with land uses.
(Source: P.A. 89-445, eff. 2-7-96.)
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(55 ILCS 5/Div. 5-41 heading) Division 5-41.
Administrative Adjudication of
Ordinance Violations
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(55 ILCS 5/5-41003) Sec. 5-41003. Applicability. This Division 5-41 applies to all counties except for the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.) |
(55 ILCS 5/5-41005)
Sec. 5-41005.
Definitions.
In this Division 5-41, unless the context
requires otherwise:
"Code" means any county ordinance that pertains to or regulates
any of the following:
animal
control; the definition, identification, and abatement of public nuisances; the
accumulation, disposal, and transportation of garbage, refuse, and other forms
of solid waste; the construction and maintenance of buildings and structures;
sanitation practices; or zoning.
"Code enforcement officer" means a county employee authorized to issue
citations for county code violations and to conduct inspections of public or
private real property to determine whether code violations exist.
However, nothing in this Division 5-41 shall be construed to allow for
administrative adjudication of an ordinance violation in the case where a State
statute or administrative rule provides for a specific method or procedure to
be followed, other than administrative adjudication, in enforcing a county
ordinance.
"Hearing officer" means a person other than a code enforcement officer
or
law enforcement officer having the following powers and duties:
(1) To preside at an administrative hearing called to | ||
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(2) To hear testimony and accept evidence from the | ||
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(3) To preserve and authenticate the record of the | ||
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(4) To issue and sign written findings and a decision | ||
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(5) To impose penalties consistent with applicable | ||
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"Property owner" means the legal or beneficial owner of an improved or
unimproved parcel of real estate.
"Respondent" means a property owner, waste hauler, or other person charged
with liability for an alleged code violation and the person to whom the notice
of violation is directed.
"Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning waste, mixed refuse,
non-combustible refuse, and trash as defined in the Solid Waste
Disposal District Act.
"Waste hauler" means any person owning or controlling any vehicle used to
carry or transport garbage, refuse, or other forms of solid waste.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41010)
Sec. 5-41010. Code hearing unit. The county board in any county
may establish by ordinance a code hearing unit
within an existing code enforcement agency or as a separate and independent
agency in county government.
A county may establish a code hearing unit and administrative adjudication
process only under the provisions of this Division 5-41.
The function of the code hearing unit
shall be to expedite the prosecution and correction of code violations
as provided in this Division 5-41.
(Source: P.A. 95-471, eff. 8-27-07.)
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(55 ILCS 5/5-41012) Sec. 5-41012. Fine schedule. The county board of any county that establishes a code hearing unit pursuant to this Division 5-41 may, by ordinance, establish a fine schedule for code violations. The fine schedule must include (i) a determinate fine for each code violation that may be voluntarily paid by a respondent prior to his or her hearing date and (ii) the fine that may otherwise be imposed for each code violation. The amount of each fine must be based upon the nature of the offense and the number of previous code violations a respondent was convicted of committing for the same or a related offense.
(Source: P.A. 96-1157, eff. 7-21-10.) |
(55 ILCS 5/5-41015)
Sec. 5-41015.
Hearing procedure not exclusive.
In any county that
establishes a code
hearing unit pursuant to the provisions of this Division 5-41, the county
is not precluded from using other methods to enforce the provisions of its
codes.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41020)
Sec. 5-41020. Instituting proceedings.
(a) When a code enforcement officer observes a
code violation,
the officer
shall note or, in the case of an animal control violation, the code enforcement
officer may respond to the filing of a formal complaint by noting the violation
on a violation notice and report
form, indicating
the following:
the name and address of the respondent, if known; the name,
address, and state vehicle registration number of the waste hauler who
deposited
the waste, if applicable; the type and nature of the violation; the date and
time the violation was observed; the names of witnesses to the violation; and
the address of the location or property where the violation is observed.
(b) The violation notice and report form shall contain a file number, a hearing date, and, if approved by the county board by ordinance, the amount of any fine that may be imposed pursuant to an approved schedule of fines noted by the code enforcement officer in the blank spaces
provided for that purpose on the form. The violation notice and report form shall state that the respondent does not need to appear at the hearing on the date indicated on the form if the respondent pays the determinate fine in the amount set forth in the county's approved fine schedule for the code violation. The respondent must pay the determinate fine at least 5 days before the hearing date indicated on the violation notice and report form. The violation notice and report shall
state that if the respondent does not voluntarily pay the determinate fine in accordance with the schedule of fines or fails to appear at the hearing, if required, on the date indicated, then the failure to pay or appear, if required, may result in
a determination of liability for the cited violation and the imposition of
fines and assessment of costs as provided by the applicable county ordinance.
The violation notice and report shall also state that upon a determination of
liability and the exhaustion
of
or failure to exhaust procedures for judicial
review, any unpaid fines or costs imposed will constitute a debt due and owed
to the county.
(c) A copy of the violation notice and report form shall be served on
the respondent either personally or by first class mail, postage prepaid,
sent to the address of the respondent. If the name of the respondent property
owner cannot be ascertained or if service on the respondent cannot be made by
mail, service may be made on the respondent property owner by posting,
not less than 20 days before the hearing is
scheduled,
a copy of
the violation notice and report form in a prominent place on the property
where the violation is found.
If the violation notice and report form requires the
respondent
to answer within a certain amount of time, the
county must reply to the answer within the same amount of time afforded to
the
respondent.
(d) In lieu of a personal appearance at the hearing, a county board may provide for the voluntary payment of a determinate fine in accordance with a schedule of fines approved by ordinance and as provided in this Division 5-41.
(Source: P.A. 96-1157, eff. 7-21-10.)
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(55 ILCS 5/5-41025)
Sec. 5-41025.
Subpoenas; default.
(a) At any time prior to the hearing date,
at the request of the code enforcement officer, the
attorney for the county, the respondent, or the attorney for the respondent,
the hearing officer assigned to
hear the case may
issue subpoenas directing witnesses to appear and give testimony at the
hearing.
(b) If
the respondent or the respondent's attorney fails to
appear
on the date set for the hearing,
the hearing officer may find the respondent in default and shall
proceed with the hearing and accept evidence relating to the existence of a
code violation.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41030)
Sec. 5-41030.
Representation at hearings. The case for the county may be presented
by the code enforcement officer or by the State's Attorney. In no
event,
however, may
the case for the county be presented by an employee of the code
hearing unit. The case for the respondent may be presented by the respondent
or the respondent's
attorney. If the respondent is a corporation, it may appear through any
officer, director, manager, or supervisor of the corporation.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41035)
Sec. 5-41035.
Evidence at hearings.
The hearing officer shall preside at the hearing, shall hear testimony, and
shall
accept any evidence relevant to the existence or non-existence of a code
violation on the property indicated. The code enforcement officer's signed
violation notice and report form shall be prima facie evidence of the existence
of the code violation described in the form. The strict rules of evidence
applicable to judicial proceedings do not apply to hearings authorized under
this Division 5-41.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41040)
Sec. 5-41040.
Findings, decision, and order.
At the conclusion of the hearing, the
hearing officer shall make a determination on the basis of the evidence
presented at the hearing as to whether a code violation exists. The
determination shall be in writing and shall be designated as the
hearing officer's
findings,
decision, and order. The findings, decision, and order shall include the
hearing officer's findings of fact, a determination of whether a code violation
exists based on the findings of fact, and an order imposing a fine or other
penalty, directing the respondent to correct the violation, or dismissing the
case if the violation is not proved. If the hearing officer determines
that the respondent is liable for the cited violation, the hearing officer
shall
enter an order imposing sanctions that are provided in the code for the
violations proved, including the imposition of fines and the recovery of the
costs of the proceedings. Costs may be recovered in the same manner as
fines and penalties. A copy of the findings, decision, and order
shall be served by personal service or by any method provided for service of
the violation notice and report form under Section 5-41020. The payment of
any penalty or fine or costs of the proceedings and the disposition of that
money shall be in the manner provided in this Code, unless the county
board provides otherwise when establishing the code hearing unit.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41045)
Sec. 5-41045.
Administrative review.
The findings, decision, and order of
the hearing
officer shall be subject to review in the circuit court of the county.
The Administrative Review Law
and the rules adopted pursuant thereto
shall apply to and govern every action for the judicial review of the final
findings, decision, and order of a hearing officer under this Division 5-41.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41050)
Sec. 5-41050.
Sanctions; transfer or conveyance of property.
The
order to
correct a code violation and the sanctions imposed by a county
against a respondent property owner as the result of a finding of a code
violation under this
Division 5-41
shall attach to the property, subject to the interests of all lien holders of
record, as well as to the owner
of the property, so that the owner cannot avoid the finding of a code violation
against the owner
by conveying or transferring the property to another.
Any subsequent transferee or owner of property takes
the property
subject to the findings,
decision, and order of a hearing officer under this Division 5-41 if a notice
consisting of a copy of the order to correct a code violation and imposing any
sanctions and costs, if applicable, and a description of the real estate
affected that is sufficient
to identify the real estate
has been filed in the
office of the Recorder or the office of the Registrar of Titles by the county
prior to the transfer or conveyance to the subsequent transferee or owner.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41055)
Sec. 5-41055.
Collection of unpaid fines or other sanctions.
(a) Any fine or other sanction or costs imposed, or
any
part of any fine or other
sanction or costs imposed, remaining unpaid after the exhaustion of or failure
to exhaust procedures for judicial review under the Administrative Review Law
is a debt due and owed to the county and, as such, may be collected in
accordance with applicable law. Any subsequent owner or transferee of property
takes subject to this debt if a notice has been filed pursuant to Section
5-41050.
(b) After expiration of the period within which judicial review under the
Administrative Review Law may be sought for a final determination of the
code violation, the county may commence a proceeding in the circuit court of
the
county for purposes of obtaining a judgment on the
hearing officer's
findings, decision, and
order. Nothing in this Section prevents a county from consolidating
multiple findings, decisions, and orders against a person or property in such a
proceeding.
(c) Upon commencement of the action, the county shall file a certified
copy of the findings, decision, and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision,
and order were issued in accordance with this
Division 5-41 and the applicable county
ordinance. Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil Procedure or by certified
mail, return receipt requested, provided that the total amount of fines
or
other
sanctions and costs imposed by the findings, decision, and order does not
exceed
$5,000.
(d) If the court is satisfied that the findings, decision, and order were
entered within the requirements of this Division 5-41 and the applicable county
ordinance and that the respondent had an opportunity for a hearing under this
Division 5-41 and for judicial review as provided in Section 5-41045:
(1) The court shall render judgment in favor of the | ||
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(2) The court may issue other orders or injunctions, | ||
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(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41060)
Sec. 5-41060.
Adoption of other necessary provisions by county.
Any county establishing a code hearing unit by ordinance under this
Division 5-41 may adopt other provisions necessary and proper to carry into
effect the powers granted and the purposes stated in this Division.
(Source: P.A. 90-517, eff. 8-22-97.)
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(55 ILCS 5/5-41065) (Section scheduled to be repealed on January 1, 2026) Sec. 5-41065. Mechanics lien demand and referral adjudication. (a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8. (b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8. (c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction. (d) This Section is repealed on January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.) |
(55 ILCS 5/Div. 5-42 heading) Division 5-42. Wind Farms
(Source: P.A. 96-328, eff. 8-11-09.) |
(55 ILCS 5/5-42000) Sec. 5-42000. Wind farms. A county may own and operate a wind generation turbine farm, either individually or jointly with another unit of local government, school district, or community college district that is authorized to own and operate a wind generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the county. The county may ask for the assistance of any State agency, including without limitation the Department of Commerce and Economic Opportunity, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08; 96-328, eff. 8-11-09.) |
(55 ILCS 5/Div. 5-43 heading) Division 5-43. Administrative Adjudication -
Specified Counties(Source: P.A. 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.) |
(55 ILCS 5/5-43005) Sec. 5-43005. Applicability. This Division 5-43 applies only to the counties of Cook, DuPage, Kane, Lake, McHenry, and Will.
(Source: P.A. 96-1386, eff. 7-29-10.) |
(55 ILCS 5/5-43010) Sec. 5-43010. Administrative adjudication of code and ordinance violations; definitions. (a) Any county may provide by ordinance for a system of administrative adjudication of county code violations to the extent permitted by the Illinois Constitution. (b) Any county may provide by ordinance for a system of administrative adjudication of violations of ordinances enacted by a participating unit of local government only where: (i) the unit of local government is engaging in governmental activities or providing services within the boundaries of the county; (ii) the unit of local government has no system of administrative adjudication; and (iii) the violation occurred within the boundaries of the county. (c) As used in this Division: "Participating unit of local government" means a unit of local government which has entered into an intergovernmental agreement or contract with a county for the administrative adjudication of violations of its ordinances by the county pursuant to this Division. "System of administrative adjudication" means the adjudication of any violation of a county ordinance or of a participating unit of local government's ordinance, except for (i) proceedings not within the statutory or the home rule authority of counties or a participating unit of local government; and (ii) any offense under the Illinois Vehicle Code (or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6-204 of the Illinois Vehicle Code). "Unit of local government" has the meaning as defined in the Illinois Constitution of 1970 and also includes a not-for-profit corporation organized for the purpose of conducting public business including, but not limited to, the Northeast Illinois Regional Commuter Railroad Corporation.
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/5-43015) Sec. 5-43015. Administrative adjudication procedures not exclusive. The adoption by a county of a system of administrative adjudication does not preclude the county from using other methods to enforce county ordinances. An intergovernmental agreement or contract entered into between a county and participating unit of local government under this Division does not preclude a participating unit of local government from using other methods to enforce its ordinances.
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/5-43020) Sec. 5-43020. Code hearing units; powers of hearing officers. (a) An ordinance establishing a system of administrative adjudication, pursuant to this Division, shall provide for a code hearing unit within an existing agency or as a separate agency in the county government. The ordinance shall establish the jurisdiction of a code hearing unit that is consistent with this Division. The "jurisdiction" of a code hearing unit refers to the particular code violations that it may adjudicate. (b) Adjudicatory hearings shall be presided over by hearing officers. The powers and duties of a hearing officer shall include: (1) hearing testimony and accepting evidence that is | ||
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(2) issuing subpoenas directing witnesses to appear | ||
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(3) preserving and authenticating the record of the | ||
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(4) issuing a determination, based on the evidence | ||
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(5) imposing penalties consistent with applicable | ||
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(c) Prior to conducting administrative adjudication proceedings, administrative hearing officers shall have successfully completed a formal training program that includes the following: (1) instruction on the rules of procedure of the | ||
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(2) orientation to each subject area of the code | ||
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(3) observation of administrative hearings; and (4) participation in hypothetical cases, including | ||
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In addition, every administrative hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years. (d) A proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the county or participating unit of local government.
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/5-43025) Sec. 5-43025. Administrative hearing proceedings. (a) Any ordinance establishing a system of administrative adjudication, pursuant to this Division, shall afford parties due process of law, including notice and opportunity for hearing. Parties shall be served with process in a manner reasonably calculated to give them actual notice, including, as appropriate, personal service of process upon a party or its employees or agents; service by mail at a party's address; or notice that is posted upon the property where the violation is found when the party is the owner or manager of the property. In counties with a population under 3,000,000, if the notice requires the respondent to answer within a certain amount of time, the county or participating unit of local government must reply to the answer within the same amount of time afforded to the respondent. (b) Parties shall be given notice of an adjudicatory hearing that includes the type and nature of the code violation to be adjudicated, the date and location of the adjudicatory hearing, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing. (c) Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine opposing witnesses. Parties may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, except that for hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant shall have at least 15 days after service of process to prepare for a hearing. For purposes of this subsection (c), "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by mail, the 15-day period shall begin to run on the day that the notice is deposited in the mail.
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/5-43030) Sec. 5-43030. Rules of evidence shall not govern. The formal and technical rules of evidence do not apply in an adjudicatory hearing permitted under this Division. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(Source: P.A. 96-1386, eff. 7-29-10.) |
(55 ILCS 5/5-43035) Sec. 5-43035. Enforcement of judgment. (a) Any non-real property tax, fee, fine, other sanction, or costs, or part of any non-real property tax, fee, fine, other sanction, or costs unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Administrative Review Law are a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and may be collected in accordance with applicable law. (b) After expiration of the period in which judicial review under the Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (c) In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any non-real property tax, fee, fine, or other sanction as a result of a code violation, any expenses incurred by a county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, and the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for the hearing, which shall not be less than 7 days after the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail. (c-5) A default in the payment of a non-real property tax, fee, fine, or penalty or any installment of a non-real property tax, fee, fine, or penalty may be collected by any means authorized for the collection of monetary judgments. The State's Attorney of the county in which the non-real property tax, fee, fine, or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any non-real property tax, fee, fine, or penalty or installment of that non-real property tax, fee, fine, or penalty. Any fees or costs incurred by the county or participating unit of local government with respect to attorneys or private collection agents retained by the State's Attorney under this Section shall be charged to the offender. (d) Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. (e) A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, did not provide proper service of process. If any judgment is set aside pursuant to this subsection (e), the hearing officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the county for a violation of a county ordinance, or the participating unit of local government for a violation of a participating unit of local government's ordinance, as a result of the vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, eff. 1-1-17; 100-201, eff. 8-18-17; 100-221, eff. 1-1-18.) |
(55 ILCS 5/5-43040) Sec. 5-43040. Impact on existing administrative adjudication systems. This Division does not affect the validity of systems of administrative adjudication that were authorized by State law, including home rule authority, and in existence before July 29, 2010 (the effective date of Public Act 96-1386).
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/5-43043) (Section scheduled to be repealed on January 1, 2026) Sec. 5-43043. Mechanics lien demand and referral adjudication. (a) Notwithstanding any other provision in this Division, a county's code hearing unit must adjudicate an expired mechanics lien referred to the unit under Section 3-5010.8. (b) If a county does not have an administrative law judge in its code hearing unit who is familiar with the areas of law relating to mechanics liens, one may be appointed no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly to adjudicate all referrals concerning mechanics liens under Section 3-5010.8. (c) If an administrative law judge familiar with the areas of law relating to mechanics liens has not been appointed as provided subsection (b) when a mechanics lien is referred under Section 3-5010.8 to the code hearing unit, the case shall be removed to the proper circuit court with jurisdiction. (d) This Section is repealed on January 1, 2026.(Source: P.A. 102-671, eff. 11-30-21; 103-563, eff. 11-17-23.) |
(55 ILCS 5/5-43045) Sec. 5-43045. Impact on home rule authority. This Division does not preempt counties or participating units of local government from adopting other systems of administrative adjudication pursuant to their home rule powers.
(Source: P.A. 99-754, eff. 1-1-17.) |
(55 ILCS 5/Div. 5-44 heading) Division 5-44. Local Government Reduction and Efficiency
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44005) Sec. 5-44005. Findings and purpose. (a) The General Assembly finds: (1) Illinois has more units of local government than | ||
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(2) The large number of units of local government | ||
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(3) In a number of cases, units of local government | ||
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(4) It is in the best interest of taxpayers that more | ||
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(5) Units of local government managed by appointed | ||
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(6) Various provisions of Illinois law governing the | ||
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(7) The lack of a streamlined method to consolidate | ||
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(b) The purpose of this Act is to provide county boards with supplemental authority
regarding the dissolution of units of local government and
the consolidation of governmental functions.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44010) Sec. 5-44010. Applicability. The powers and authorities provided by this Division 5-44 apply to all counties and units of local government within such counties.
(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18.) |
(55 ILCS 5/5-44015) Sec. 5-44015. Powers; supplemental. The Sections of this Division 5-44
are intended to be supplemental and in addition to all
other powers and authorities granted to any county board, shall be construed liberally, and shall not be
construed as a limitation of any power or authority
otherwise granted.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44020) Sec. 5-44020. Definitions. In this Division 5-44: "Fire protection jurisdiction" means a fire protection district, municipal fire department, or service organized under Section 5-1056.1 of the Counties Code, Sections 195 and 200 of the Township Code, Section 10-2.1 of the Illinois Municipal Code, or the Illinois Fire Protection District Act. "Governing board" means the individual or individuals who constitute the
corporate authorities of a unit of local government. "Unit of local government" or "unit" means any unit of local government located entirely within one county, to which the county board chairman or county executive directly appoints a majority of its governing board with the advice and consent of the county board, but shall not include a fire protection district that directly employs any regular full-time employees, a conservation district organized under the Conservation District Act, a special district organized under the Water Commission Act of 1985, a community mental health board established under the Community Mental Health Board Act, or a board established under the Community Care for Persons with Developmental Disabilities Act.
(Source: P.A. 99-709, eff. 8-5-16; 100-107, eff. 1-1-18; 100-1129, eff. 1-1-19.) |
(55 ILCS 5/5-44025) Sec. 5-44025. Dissolution of units of local government. (a) A county board may, by ordinance, propose the dissolution of a unit of local government. The ordinance shall detail the purpose and cost savings to be achieved by such dissolution, and be published in a newspaper of general circulation served by the unit of local
government and on the county's website, if applicable. (b) Upon the effective date of an ordinance enacted pursuant to subsection (a) of this Section, the chairman of the county board shall cause an audit of all claims against the unit, all receipts of the unit, the inventory of all real and personal property owned by the unit or under its control or management, and any debts owed by the unit. The chairman may, at his or her discretion, undertake any other
audit or financial review of the affairs of the unit. The
person or entity conducting such audit shall report the
findings of the audit to the county board and to the chairman of the
county board within 30 days or as soon thereafter as is practicable. (c) Following the return of the audit report required by subsection (b) of this Section, the county board may adopt an ordinance authorizing the dissolution of the unit not less than 60 days following the court's appointment of a trustee-in-dissolution as provided in this Division. Upon adoption of the ordinance, but not before the end of the 30-day period set forth in subsection (e) of this Section and prior to its effective date, the chairman of the county board shall petition the circuit court for an order designating a trustee-in-dissolution for the unit, immediately terminating the terms of the members of the governing board of the unit of local government, and providing for the compensation of the trustee, which shall be paid from the corporate funds of the unit. (d) Upon the court's appointment of a trustee-in-dissolution, and notwithstanding any other provision of law, the State's attorney, or his or her designee, shall become the exclusive legal representative of the dissolving unit of local government. The county treasurer shall become the treasurer of the unit of local government and the county clerk shall become the secretary of the unit of local government. (e) Any dissolution of a unit of local government proposed pursuant to this Act shall be subject to a backdoor referendum. Upon adoption of the authorizing ordinance enacted pursuant to subsection (c) of this Section, the county shall publish a notice that includes: (1) the specific number of voters required to sign a petition requesting that the question of dissolution be submitted to referendum; (2) the time when such petition must be filed; (3) the date of the prospective referendum; and (4) the statement of the cost savings and the purpose or basis for the dissolution as set forth in the authorizing ordinance under subsection (a) of this Section. The county's election authority shall provide a petition form to anyone requesting one. If no petition is filed with the county's election authority within 30 days of publication of the authorizing ordinance and notice, the chairman of the county board is authorized to proceed pursuant to subsection (c) of this Section. However, the election authority shall certify the question for submission at the next election held in accordance with general election law if a petition: (1) is filed within the 30-day period; (2) is signed by electors numbering either 7.5% of the registered voters in the governmental unit or 200 registered voters, whichever is less; and (3) asks that the question of dissolution be submitted to referendum. The election authority shall submit the question to voters residing in the area served by the unit of local government in substantially the following form: Shall the county board be authorized to dissolve | ||
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The election authority shall record the votes as "Yes" or "No". If a majority of the votes cast on the question at such election are in favor of dissolution of the unit of local government and provided that notice of the referendum was provided as set forth in Section 12-5 of the Election Code, the chairman of the county board is authorized to proceed pursuant to subsection (c) of this Section.
(Source: P.A. 100-1113, eff. 1-1-19.) |
(55 ILCS 5/5-44030) Sec. 5-44030. Trustee-in-dissolution; powers and duties. (a) The trustee-in-dissolution shall have the following powers and duties: (1) to execute all of the powers and duties of the | ||
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(2) to levy and rebate taxes, subject to the approval | ||
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(3) to present, within 30 days of his or her | ||
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(4) to enter into an intergovernmental agreement with | ||
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(5) to enter into an intergovernmental agreement with | ||
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(6) to sell the property of the unit and, in case any | ||
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(b) For fire protection jurisdictions, the trustee-in-dissolution shall not have: (1) the powers enumerated in this Section unless the | ||
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(2) the power to decrease the levy that is in effect | ||
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(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44035) Sec. 5-44035. Outstanding indebtedness. (a) In case any unit
dissolved pursuant to this Division has bonds or notes
outstanding that are a lien on funds available in the
treasury at the time of consolidation, such lien shall be
unimpaired by such dissolution and the lien shall continue
in favor of the bond or note holders. The funds available
subject to such a lien shall be set apart and held for the
purpose of retiring such secured debt and no such funds
shall be transferred into the general funds of the county. (b) In case any unit dissolved pursuant to this Division
has unsecured debts outstanding at the time of dissolution,
any funds in the treasury of such unit or otherwise
available and not committed shall, to the extent necessary,
be applied to the payment of such debts. (c) All property in the territory served by the dissolved unit of government shall be subject to taxation to pay the debts, bonds, and obligations of the dissolved district. The county board shall abate this taxation upon the discharge of all outstanding obligations.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44040) Sec. 5-44040. Effect of dissolution. Immediately upon the dissolution of a unit of local government pursuant to this Division: (a) Notwithstanding the provisions of the Special Service Area Tax Law of the Property Tax Code that pertain to the establishment of special service areas, all or part of the territory formerly served by the dissolved unit of local government may be established as a special service area or areas of the county if the county board by resolution determines that this designation is necessary for it to provide services. The special service area, if created, shall include all territory formerly served by the dissolved unit of local government if the dissolved unit has outstanding indebtedness. If the boundaries of a special service area created under this subsection include territory within a municipality, the corporate authorities of that municipality may, with the consent of the county, assume responsibility for the special service area and become its governing body. All or part of the territory formerly served by a dissolved fire protection jurisdiction shall not be established as a special service area unless the creation of the special service area does not increase the average response times nor decrease the level of service provided. (b) In addition to any other powers provided by law, the governing body of a special service area created pursuant to this subsection shall assume and is authorized to exercise all the powers and duties of the dissolved unit with respect to the special service area. The governing body is also authorized to continue to levy any tax previously imposed by the unit of local government within the special service area. However, the governing board shall not have the power to decrease the levy that is in effect on or before the date of dissolution of the fire protection jurisdiction that affects the provision of fire and emergency medical services. (c) Subsequent increases of the current tax levy within the special service area or areas shall be made in accordance with the provisions of the Special Service Area Tax Law of the Property Tax Code.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44043) Sec. 5-44043. Rights and obligations of employees. (a) The status and rights of employees represented by an exclusive bargaining representative shall not be affected by the dissolution of a unit of local government under this Division, except that this subsection does not apply in DuPage, Lake, and McHenry Counties for actions taken before the effective date of this amendatory Act of the 100th General Assembly. (b) Obligations of the dissolving unit of local government assumed by the trustee-in-dissolution, county, or governing body of a special service area include the obligation to honor representation rights under the Illinois Public Labor Relations Act and any collective bargaining agreements existing on the date of dissolution of the unit of local government. (c) The rights of employees under any pensions, retirement plans, or annuity plans existing on the date of dissolution of the unit of local government are not affected by the dissolution of a unit of local government under this Division.
(Source: P.A. 100-107, eff. 1-1-18.) |
(55 ILCS 5/5-44045) Sec. 5-44045. Abatement of levy. Whenever a county has
dissolved a unit of local government pursuant to this Division,
the county or municipality shall, within 6 months of the effective date of the
dissolution and every year thereafter, evaluate the need to
continue any existing tax levy until the county or municipality abates the levy in the manner set forth by the Special Service Area Tax Law of the Property Tax Code.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44050) Sec. 5-44050. Tax collection and enforcement. The dissolution of a unit of
government pursuant to this Division shall not adversely affect
proceedings for the collection or enforcement of any tax.
Those proceedings shall continue to finality as
though no dissolution had taken place. The proceeds thereof
shall be paid over to the treasurer of the county to be
used for the purpose for which the tax was levied
or assessed. Proceedings to collect and enforce such taxes
may be instituted and carried on in the name of the unit.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44055) Sec. 5-44055. Litigation. All suits pending in any court
on behalf of or against a unit dissolved pursuant to this
Division may be prosecuted or defended in the name of the
county by the State's attorney. All judgments obtained for
a unit dissolved pursuant to this Division shall be collected and enforced by the
county for its benefit.
(Source: P.A. 98-126, eff. 8-2-13.) |
(55 ILCS 5/5-44060) Sec. 5-44060. (Repealed).
(Source: P.A. 99-634, eff. 7-22-16. Repealed internally, eff. 1-1-18.) |
(55 ILCS 5/Div. 5-45 heading) Division 5-45. County Design-Build Authorization
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45001) Sec. 5-45001. Short title. This Division may be cited as the County Design-Build Authorization Act.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45005) Sec. 5-45005. Purpose. The purpose of this Division is to authorize counties to use design-build processes to increase the efficiency and effectiveness of delivering public projects.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45010) Sec. 5-45010. Definitions. As used in this Division: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-bid-build" means the traditional delivery system used on public projects that incorporates the competitive bidding
process set forth in this Code. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services as required and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Division between a county and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required; and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Division. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as defined in this Division and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of
personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Division. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art which is exhibited in a public space including publicly accessible buildings, or interpretive exhibits including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the county to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, including, but not limited to, the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45015) Sec. 5-45015. Solicitation of proposals. (a) A county may enter into design-build contracts. In addition to the requirements set forth in its local ordinances, when the county elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The county must publish the advance notice in the manner prescribed by ordinance, which shall include posting the advance notice online on its website. The county may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The county must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information: (1) The name of the county. (2) A preliminary schedule for the completion of the | ||
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(3) The proposed budget for the project, the source | ||
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(4) Prequalification criteria for design-build | ||
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(5) Material requirements of the contract, including, | ||
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(6) The performance criteria. (7) The evaluation criteria for each phase of the | ||
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(8) The number of entities that will be considered | ||
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(c) The county may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal. (d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The county shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45020) Sec. 5-45020. Development of scope and performance criteria. (a) The county shall develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the county's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery
requirements. (b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the county to be produced by the design-build entities. (c) The scope and performance criteria shall be prepared by a design professional or public art designer who is an employee of the county, or the county may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the county to make modifications in the project scope without invalidating the design-build contract.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45025) Sec. 5-45025. Procedures for Selection. (a) The county must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The county shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the county has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the county. The county must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The county shall include the following criteria in every Phase I evaluation of design-build entities: (i) experience of personnel; (ii) successful experience with similar project types; (iii) financial capability; (iv) timeliness of past performance; (v) experience with similarly sized projects; (vi) successful reference checks of the firm; (vii) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants; and (viii) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act. The county may include any additional relevant
criteria in Phase I that it deems necessary for a proper qualification review. The county may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including, but not limited to, long-term leasehold, mutual performance, or development contracts with the county, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No proposal shall be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act. Upon completion of the qualifications evaluation, the county shall create a shortlist of the most highly qualified design-build entities. The county, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, provided that no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. The county shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of the Phase II technical and cost evaluations. The county must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the county. (c) The county shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the county. The county must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The county shall include the following criteria in every Phase II technical evaluation of design-build entities: (i) compliance with objectives of the project; (ii) compliance of proposed services to the request for proposal requirements; (iii) quality of products or materials proposed; (iv) quality of design parameters; (v) design concepts; (vi) innovation in meeting the scope and performance criteria; and (vii) constructability of the proposed project. The county may include any additional relevant technical evaluation factors it deems necessary for proper selection. The county shall include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The county may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor shall not exceed 30%. The county shall directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost submissions evaluation, the county may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 102-954, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(55 ILCS 5/5-45030) Sec. 5-45030. Small projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the county may combine the two-phase procedure for selection described in Section 5-45025 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 5-45025.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45035) Sec. 5-45035. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. Proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals, public art
designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The county shall have the right to reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The county shall review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the county, clear and convincing evidence of error is required for withdrawal.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45040) Sec. 5-45040. Award; performance. The county may award the contract to the highest overall ranked design-build entity. Notice of award shall be made in writing. Unsuccessful design-build entities shall also be notified in writing. The county may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The county may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals shall
conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45045) Sec. 5-45045. Reports and evaluation. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity shall detail, in a written report submitted to the county, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45047) Sec. 5-45047. Exception. Nothing in this Division shall prevent a county from using a qualification-based selection process for design professionals or construction managers for design-build projects.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/5-45050) Sec. 5-45050. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-954, eff. 1-1-23.) |
(55 ILCS 5/Art. 6 heading) ARTICLE 6.
FINANCE
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(55 ILCS 5/Div. 6-1 heading) Division 6-1.
Budget - Counties Not Required to
Pass an Annual Appropriation Bill
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(55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
Sec. 6-1001. Annual budget. In all counties not required by law
to pass an annual appropriation bill within the first quarter of the fiscal
year, the county board or board of county commissioners, as the case may
be, shall adopt each year an annual budget under the terms of this Division
for the succeeding fiscal year. Such budget shall be prepared by some
person or persons designated by the county board and such budget shall be
made conveniently available to public inspection and provided to the public at a public meeting at least fifteen days
prior to final action thereon except that nothing in this Act shall restrict a county board or board of county commissioners from acting at a public meeting to amend a budget after making that budget available to the public and prior to final adoption. Notices pertaining to the meeting and the proposed budget shall be posted on the county's website, if it maintains one. If a county does not maintain a website, then the county shall comply with the Open Meetings Act in giving notice of such agenda items and make the proposed budget available for public inspection. The vote on such budget shall be taken by
ayes and nays and entered on the record of the meeting. The annual budget
adopted under this Act shall cover such a fiscal period of one year to be
determined by the county board of each county except as hereinafter
provided and all appropriations made therein shall terminate with the close
of said fiscal period except as hereinafter provided, provided, however,
that any remaining balances shall be available until 30 days after the
close of the fiscal year in counties with a population of less
than
100,000, and until 90 days after the close of the fiscal year in
counties
with a population of more than 100,000 but less than 3,000,000 inhabitants,
only for the authorization of the payment of
obligations incurred prior to the close of said fiscal period. Any county
which determines to change its fiscal year may adopt a budget to cover such
period greater or less than a year as may be necessary to effect such
change and appropriations made therein shall terminate with the close
of such period.
(Source: P.A. 99-273, eff. 1-1-16.)
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(55 ILCS 5/6-1002) (from Ch. 34, par. 6-1002)
Sec. 6-1002. Contents of annual budget. The annual budget shall
contain: (a) A statement of the receipts and payments and a | ||
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(b) A statement of all moneys in the county treasury | ||
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(c) Estimates of all probable income for the current | ||
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(d) A detailed statement showing estimates of | ||
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(e) A schedule of proposed appropriations itemized as | ||
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(f) A detailed statement showing any bonuses or | ||
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The provisions of paragraphs (a) and (b) of this Section shall not apply
to the first budget prepared under the provisions of this Division.
The schedules of proposed appropriations for debt financing shall
indicate all funded or unfunded or floating indebtedness, the steps taken,
if any, to incur additional indebtedness, and the means and amounts
employed or to be employed for the reduction or payment of existing or
proposed indebtedness or for interest thereon.
The budget shall classify all estimated receipts and proposed
expenditures, and all amounts in the treasury of the county, under the
several county funds now provided by law.
At any point following the adoption of the annual budget, if the county
board determines by a 2/3 vote of all members constituting such board, that
revenue received, or to be received, by the county during the then present
fiscal year totals an amount substantially less than that projected at the
time of adoption of the annual budget for that fiscal year, such board,
by like vote, may adopt an amended budget for the remainder of the then
present fiscal year. The authority of the county board to amend the annual
appropriation ordinance at any point during the fiscal year shall be the
same as its authority to determine and adopt the original annual budget;
such amended budget shall be prepared as otherwise provided in this Section.
(Source: P.A. 98-419, eff. 8-16-13.)
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(55 ILCS 5/6-1002.5)
Sec. 6-1002.5. Capital Improvement, Repair, or Replacement Fund.
(a) In the preparation of the annual budget, an amount not to exceed 3% of the equalized assessed value of property subject to taxation by the county may be accumulated in a separate fund
for the purpose of making specified capital improvements, repairs,
or replacements with respect to real property or equipment or other tangible
personal property of the county. Any amount so accumulated shall be deposited
into a special fund to be known as the County Capital Improvement, Repair, or
Replacement Fund ("the Fund"). Expenditures from the Fund shall be budgeted in
the fiscal year in which the capital improvement, repair, or replacement
will occur.
(b) Moneys shall be transferred from the Fund into the county's general
corporate or operating fund as follows:
(1) When a capital improvement, repair, or | ||
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(2) When the county board determines that surplus | ||
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Moneys transferred to the county's general corporate or operating fund under
this
subsection shall be transferred on the first day of the fiscal year following
the fiscal year in
which the unspent or surplus moneys were determined to
exist.
(Source: P.A. 99-19, eff. 1-1-16.)
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(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003) (Text of Section before amendment by P.A. 103-865) Sec. 6-1003. Further appropriations barred; transfers. After the adoption of the county budget, no further appropriations shall be made at any other time during such fiscal year, except as provided in this Division. Appropriations in excess of those authorized by the budget in order to meet an immediate emergency may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting. After the adoption of the county budget, transfers of appropriations may be made without a vote of the board; however, transfers of appropriations affecting personnel and capital may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting, provided for any type of transfer that the total amount appropriated for the fund is not affected.(Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.) (Text of Section after amendment by P.A. 103-865) Sec. 6-1003. Further appropriations barred; transfers. After the adoption of the county budget, no further appropriations shall be made at any other time during such fiscal year, except as provided in this Division. Appropriations in excess of those authorized by the budget in order to meet an immediate emergency may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting. After the adoption of the county budget, transfers of appropriations may be made without a vote of the board; however, transfers of appropriations affecting personnel and capital may be made at any meeting of the board by a two-thirds vote of all the members constituting such board, the vote to be taken by ayes and nays and entered on the record of the meeting, provided for any type of transfer that the total amount appropriated for the fund is not affected. This Section applies to all elected officials, including elected officials with control of the internal operations of their office. (Source: P.A. 103-865, eff. 1-1-25.) |
(55 ILCS 5/6-1004) (from Ch. 34, par. 6-1004)
Sec. 6-1004.
Supplemental budget.
Any county board which has adopted
its annual budget may, by a like vote as is required for the adoption of
the annual budget, adopt a supplemental budget to provide for payment of
the expenses of the county in connection with elections of members of the
Constitutional Convention or elections called for submission to the
electors of any revision, alteration or amendments of the Constitution
adopted by the Constitutional Convention.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-1005) (from Ch. 34, par. 6-1005)
Sec. 6-1005.
Contract or obligation in excess of appropriation.
Except as herein provided, neither the county board nor any one on
its behalf shall have power, either directly or indirectly, to make any
contract or do any act which adds to the county expenditures or liabilities
in any year anything above the amount provided for in the annual budget for
that fiscal year. Provided, however, that the County Board may lease from
any Public Building Commission created pursuant to the provisions of the
Public Building Commission Act, approved July 5, 1955, as heretofore or
hereafter amended, any real or personal property for county purposes for
any period of time not exceeding twenty years, and such lease may be made
and the obligation and expense thereunder incurred without making a
previous appropriation therefor, except as otherwise provided in Section
5-1108. Nothing contained herein shall be construed to deprive the board of
the power to provide for and cause to be paid from the county funds any
charge upon said county imposed by law independently of any action of such
board. Except as herein provided, no contract shall be entered into and no
obligation or expense shall be incurred by or on behalf of a county unless
an appropriation therefor has been previously made.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-1006) (from Ch. 34, par. 6-1006)
Sec. 6-1006. Accounts for each fund. The county treasurer shall keep
a separate account with each fund to show at all times the cash balance
thereof, the amount received for the credit of such fund, and the amount of
the payments made therefrom. Except as otherwise provided, the county auditor in each county under
township organization containing over 75,000 inhabitants and the county
clerk in each other county shall keep a similar account with each fund, and
in addition shall maintain an account with each appropriation of each fund
to show: (a) the amount appropriated, (b) the date and amount of each
transfer from or to such appropriation and the appropriations to which or
from which transfers were made, (c) the amount paid out under the
appropriation, (d) the amount of outstanding obligations incurred under the
appropriation, (e) the amount of the encumbered balance of the
appropriations, and (f) the amount of the free balance of the appropriation. With respect to a County Bridge Fund, a Matching Tax Fund, and a Motor Fuel Tax Fund, the county auditor in a county under township organization containing over 75,000 inhabitants and the county clerk in each other county may, but is not required to, keep an account with each appropriation of each fund as referenced above.
(Source: P.A. 95-277, eff. 8-17-07.)
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(55 ILCS 5/6-1007) (from Ch. 34, par. 6-1007)
Sec. 6-1007.
Non-compliance not to affect tax levy.
Failure
by any county board to adopt an annual budget or to comply in any respect
with the provisions of this Division shall not affect the validity of any
tax levy otherwise in conformity with law.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-1008) (from Ch. 34, par. 6-1008)
Sec. 6-1008.
Violations.
Any person who violates, or who neglects or
fails to comply with, the terms of this Division commits a Class B
misdemeanor. In cases of violation of this Division by action of the county
board, each member of the board participating in such action shall be
subject to the aforesaid sentences.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-2 heading) Division 6-2.
Tax Anticipation Notes -
Counties over 1,000,000 Population
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(55 ILCS 5/6-2001) (from Ch. 34, par. 6-2001)
Sec. 6-2001.
Applicability.
This Division shall apply
only to counties having a population of more than 1,000,000.
This Division shall be construed as cumulative authority and
not as a repeal of any existing statute authorizing the issuance of
obligations to anticipate the collection of taxes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2002) (from Ch. 34, par. 6-2002)
Sec. 6-2002.
Issuance of notes in anticipation of taxes.
Whenever
there are not sufficient funds on hand to pay obligations
and the Board of Commissioners of the County shall deem it for the best
interest of the County to provide funds for the payment of its obligations
which are either corporate expenses or otherwise, whether due or to accrue
in the then fiscal year, and it shall theretofore have levied taxes for the
payment of such obligations and shall have filed with the proper County
Clerk the necessary evidence of such levy, such County is hereby authorized
to provide funds for such purpose and issue its notes therefor in the
manner provided in this Division, provided, however, that after
January 1, 1930, no notes shall be issued other than for the payment of
corporate and highway expenses.
The Board of Commissioners shall provide for such issue by an
appropriate resolution which shall set forth:
(a) The amount of money to be borrowed and the purpose for which it will
be expended, the estimated revenues and the aggregate appropriations for
such purpose. The purpose need not be stated in detail, but the statement
thereof shall indicate whether such funds are for the payment of general
corporate expenses or for a particular fund, and if for a particular fund
same shall be identified.
(b) The date, rate of interest, place of payment and maturity or
maturities. Such notes may be payable at a bank or at the office of the
County Treasurer.
(c) The amount of warrants or notes theretofore issued under this or any
other act to anticipate the collection of such taxes.
(d) A pledge of so much of such taxes as may be necessary for the
payment of obligations issued hereunder.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2003) (from Ch. 34, par. 6-2003)
Sec. 6-2003.
Form of notes.
Notes issued under this Division
shall be due not more than 12 months from the date of issue and shall be
payable at any time when the County Treasurer has funds sufficient to pay
all or a portion of such issue. Notes issued under this Division shall bear
interest at not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, if
issued before January 1, 1972 and not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued after that date, payable annually or semi-annually or
at the time of payment of principal. The interest to the due date of the
note may be represented by appropriate coupons and be executed by the
facsimile signature of the County Treasurer. No notes shall be issued under
this Division after the tax to be anticipated is delinquent. No notes shall
be issued or sold, unless such issuance and sale is authorized by a vote of
at least 2/3 of the members elected to the County Board. The notes shall be
sold to the highest responsible bidder after due advertisement and public
opening of bids. The County Board may authorize notes to be issued and sold
from time to time and in such amounts as the County Treasurer deems
necessary to provide funds to pay obligations due or to accrue within each
quarterly period of the fiscal year.
Notes issued under this Division shall be received by any collector of taxes
in payment of taxes against which they are issued at par plus accrued
interest, and when so received shall be cancelled with the same effect as
though paid pursuant to this Division.
Such notes shall be signed by the presiding officer of the Board, be
attested by the Comptroller and be countersigned by the Treasurer. Such
notes shall be payable to bearer provided that the notes may be registered
as to principal in the name of the holder on the books of the County
Treasurer and evidence of such registration shall be endorsed upon the back
of notes so registered. After such registration no transfer shall be made
except upon such books and similarly noted on the note unless the last
registration was to bearer. Such notes may be re-registered from time to
time in the name of the designated holder but such registration shall not
affect the negotiability of the coupons attached.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
concerning the anticipation of taxes and obligations in respect thereof in
counties having more than 1,000,000 population", approved May 22, 1929,
that may appear to be or to have been more restrictive than those Acts,
(ii) that the provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts,
and (iii) that instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Division or "An Act concerning the
anticipation of taxes and obligations in respect thereof in counties having
more than 1,000,000 population", approved May 22, 1929, that may appear to
be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-2004) (from Ch. 34, par. 6-2004)
Sec. 6-2004.
Copy of resolution filed with County Treasurer.
A certified copy of the resolution adopted pursuant to the provisions of
this Division, together with such other showings as may be deemed proper in
the particular case shall be filed with the County Treasurer. There shall
also be presented to the Treasurer the printed or lithographed notes and
coupons, duly executed, for authentication.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2005) (from Ch. 34, par. 6-2005)
Sec. 6-2005.
Certificate of County Treasurer endorsed on notes.
Whenever satisfactory showings as prescribed by this Division shall have
been filed with the County Treasurer he shall examine the same and if found
to be in compliance with this Division he shall endorse on the back of each
note his certificate of authenticity which certificate shall set forth:
(a) The value of taxable property of the municipality as last equalized
by the Tax Commission.
(b) The amount of the levy from the proceeds of which such note is
payable and the rate limit if any on the amount of such levy.
(c) The amount of anticipatory obligations theretofore issued and
payable out of such taxes and the amount of the issue of which such note is
one.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2006) (from Ch. 34, par. 6-2006)
Sec. 6-2006.
Registry of notes.
The County Treasurer shall keep a
registry of each series of notes so issued, together with a copy thereof.
For such authentication the County Treasurer shall be paid by the
municipality a fee of $1 for each note so authenticated, but the minimum
fee for any issue of notes shall be $10.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2007) (from Ch. 34, par. 6-2007)
Sec. 6-2007.
Limitations.
Anticipatory obligations issued against
taxes levied for any purpose shall not be in excess of 85% of such taxes
extended or to be extended, computed upon the then last equalized valuation
determined by the Department of Revenue of the State of Illinois.
In any county in which there shall have been created a working cash fund
pursuant to the provisions of Division 6-27, notes shall at no time
be issued in anticipation of the collection of taxes levied for general
corporate purposes for any year, under the provisions of this Division, for
such an amount that the aggregate of (a) the amount of such notes, and the
interest to accrue thereon, (b) the aggregate of such notes theretofore
issued in anticipation of the collection of such taxes for such year, and
the interest accrued and to accrue thereon, (c) the aggregate amount of
warrants theretofore drawn in anticipation of the collection of such taxes
for such year, and the interest accrued and to accrue thereon, under the
provisions of "An Act of the Constitution of the State of Illinois to
provide for the manner of issuing warrants upon the treasurer of the State
or of any county, township, city, village or other municipal corporation
and jurors' certificates," approved June 27, 1913, as amended, and (d) the
aggregate amount of money theretofore transferred from the working cash
fund of such county to the general corporate fund thereof, shall exceed
ninety (90) per centum of the actual or estimated amount of such taxes
extended or to be extended by the county clerk upon the books of the
collector or collectors of State and county taxes within such county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2008) (from Ch. 34, par. 6-2008)
Sec. 6-2008.
Transmittal of funds for payment.
It is hereby made the
duty of the County Treasurer authenticating any note issued under the
provisions of this Division as and when taxes so anticipated are received
by him to promptly transmit to the bank designated in the notes as the
place of payment, funds sufficient to pay principal and interest on notes
issued under this Division or if the notes are payable at his office to pay
the same as provided in this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2009) (from Ch. 34, par. 6-2009)
Sec. 6-2009.
Payment of notes.
Whenever funds are available for the
payment of notes issued under the provisions of this Division
the County Treasurer shall transmit same to the
bank designated in the note as the place of payment together with written
advice that funds are available to pay particular notes, designating same
in numerical order, and that same will cease to bear interest fifteen (15)
days subsequent to the date of such notice, and such bank shall pay
accordingly. The County Treasurer shall take receipt from the bank for such
remittance and thereafter such Treasurer shall be relieved of
responsibility in connection therewith, a copy of which notice shall be
published once by the County Treasurer in a newspaper published in the
County at least five (5) days prior to the date fixed for redemption. A
copy of such notice shall be mailed to any holder or owner of such notes or
agent thereof, requesting same in writing. Notes may state on their face
that they will not be subject to call on or before a date fixed in the
resolution by the Board but which date shall be approximately the date on
which it is anticipated the first tax collections will be received by the
County Treasurer. When notes are payable at the office of the County
Treasurer he shall set aside funds for payment of notes instead of
remitting to a bank and give notice of redemption as above provided, and
pay accordingly.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2010) (from Ch. 34, par. 6-2010)
Sec. 6-2010.
Incontestability; payable only out of taxes
levied. Notes issued under the provisions of this Division shall be
incontestable after authentication by the County Treasurer and delivery to
a purchaser for a valuable consideration, and in like manner and to like
extent as though same were negotiable instruments, and shall be payable
only out of and from the proceeds of taxes levied and described in the
proceedings authorizing the issuance of the notes, and shall so state on
their face, and shall not be deemed to be an obligation of the County
within any constitutional or statutory limitation.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-2011) (from Ch. 34, par. 6-2011)
Sec. 6-2011.
Issuance of notes in excess of amount permitted;
penalty. Any official of the County who votes for or otherwise influences
the issuance of notes under this Division in excess of the limitations herein
provided shall be liable for twice the sum of such excessive notes to the
County and shall be ineligible for his office and be subject to removal
from office.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-3 heading) Division 6-3.
Bonds for County Buildings
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(55 ILCS 5/6-3001) (from Ch. 34, par. 6-3001)
Sec. 6-3001.
Counties of 80,000 but less than 500,000; Bonds for jail
and sheriff's residence. Any county having a population of 80,000 or more
inhabitants, but less than 500,000 inhabitants may by resolution of its
county board incur an indebtedness for the construction of a county jail
and sheriff's residence, and may issue and sell its bonds and levy taxes
upon all the taxable property of such county sufficient to pay the
principal thereof at maturity and to pay interest thereon as it falls due
but the total amount of such bonds, together with existing indebtedness,
shall not exceed the limitation provided by law for indebtedness of such
county. Taxes levied for the payment of the interest on and principal of
such bonds shall be in addition to the maximum of taxes provided by statute
for counties and shall not be subject to the limitation for county taxes
provided in Section 5-1020. In addition, a county having a population of
240,000 or more inhabitants bordering on the Mississippi River may by
resolution of its county board incur an indebtedness and issue and sell bonds
for the expansion or remodeling of a county jail and sheriff's residence.
(Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94.)
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(55 ILCS 5/6-3002) (from Ch. 34, par. 6-3002)
Sec. 6-3002.
Publication of resolution.
After the
resolution of the county board providing for the issuance
of bonds has been adopted, it shall be published in some newspaper of
general circulation in the county, once each week for three weeks. If there
is no newspaper of general circulation in the county, then copies of the
resolution shall be posted in at least five of the most public places in
the county seat of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3003) (from Ch. 34, par. 6-3003)
Sec. 6-3003.
Petition for referendum; election.
The publication or posting
of the resolution shall be accompanied by a notice of (1) the specific number
of voters required to sign a petition requesting the question of issuing bonds
for the purpose of obtaining funds to construct, expand, or remodel a
county jail and sheriff's residence to be submitted to the electors; (2) the
time in which such petition must be filed; and (3) the date of the prospective
referendum. The county clerk shall provide a petition form to any individual
requesting one. If a petition is filed with the county clerk not later than 30
days after the first publication or the posting of the resolution, signed by
voters of the county numbering 10% or more of the number of the registered
voters in the county, requesting such clerk to call an election to vote upon
the proposition of issuing bonds for the purpose of obtaining funds to
construct, expand, or remodel a county jail and sheriff's residence, it
shall be the duty of such county clerk to certify the proposition to the proper
election officials, who shall submit the proposition to the voters at an
election in accordance with the general election law. The proposition shall be
substantially in the following form:
Shall..... county issue bonds YESin the amount of $.... to construct, expand, or remodel a county jail NOand sheriff's residence?
If a majority of the voters voting upon the aforesaid proposition
vote in favor of it, the bonds may be issued by such county, but if a
majority of the voters voting upon the proposition vote against said
proposition the county may not issue bonds for the purpose of
constructing, expanding, or remodeling a county jail and sheriff's
residence under the provisions of this Division.
(Source: P.A. 87-767; 88-572, eff. 8-11-94; 88-661, eff. 9-16-94.)
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(55 ILCS 5/6-3004) (from Ch. 34, par. 6-3004)
Sec. 6-3004.
When resolution effective.
If no
petition is filed within the time herein provided, the
resolution shall be in full force and effect at the expiration of such
period, and such county may proceed to incur the indebtedness and may issue
and sell its bonds. If a petition is filed, the resolution shall be in
abeyance until the election and it shall only be effective if the question
of incurring the indebtedness and the issuance of bonds in the amount
described, receives the favorable vote of a majority of the voters of the
county voting on the proposition.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3004.1) (from Ch. 34, par. 6-3004.1)
Sec. 6-3004.1.
County under 80,000.
(a) Any county having a population
under 80,000 may, by resolution of its county board, incur an indebtedness
for the construction of a county jail and sheriff's residence, and issue
and sell its bonds and levy taxes upon all the taxable property of the
county sufficient to pay the principal of the bonds at maturity and to pay
interest on the bonds as it falls due, upon approval of the issuance of the
bonds at a referendum held in accordance with the general election law.
(b) The total amount of the bonds, together with existing indebtedness,
shall not exceed the limitation provided by law for indebtedness of the county.
(c) Upon adoption of the resolution, the county board shall certify the
question of the issuance of the bonds to the appropriate election
officials. The question shall be submitted to the electors of the county in
substantially the following form: Shall ... County issue bonds in the
amount of $ ... to construct a county jail and sheriff's residence? The
question is approved if a majority of the electors voting on the question
vote in favor of it.
(d) Taxes levied for the payment of the interest on and the principal of
the bonds shall be in addition to the maximum of taxes provided by statute
for counties and shall not be subject to the limitation for county taxes
provided in Section 5-1014.
(Source: P.A. 86-1028.)
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(55 ILCS 5/6-3005) (from Ch. 34, par. 6-3005)
Sec. 6-3005.
Counties of 500,000 or more but less than 1,000,000;
bonds for construction or remodeling of county jails. Any county with
a population of 500,000 or more inhabitants, but less than 1,000,000
inhabitants may by resolution of its county board incur an indebtedness for
the construction or remodeling of a county jail and for the acquisition of
land and fixtures therefor, and may issue and sell bonds therefor, and levy
taxes upon all taxable property of the county sufficient to pay the
principal on bonds at maturity and to pay the interest thereon as it
falls due.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3006) (from Ch. 34, par. 6-3006)
Sec. 6-3006.
Resolution.
The resolution of the county board
authorizing the issuance of bonds shall prescribe the details of the bonds
and specify the total amount of the bonds to be issued, the form and
denomination of the bonds, the date which they bear, the place they are
payable, the date or dates of maturity, which shall not be more than 30
years after the date of the bonds, the rate of interest, which shall not
exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 8% per annum, and the dates on which the interest is payable.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to authorize certain counties to incur an indebtedness and issue bonds for
the construction of county jails and sheriffs' residences", filed July 3,
1935, that may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts,
and (iii) that instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Division or "An Act to authorize
certain counties to incur an indebtedness and issue bonds for the
construction of county jails and sheriffs' residences", filed July 3, 1935,
that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-3007) (from Ch. 34, par. 6-3007)
Sec. 6-3007.
Publication of resolution.
After
the resolution of the county board providing for the
issuance of bonds has been adopted, it shall be published in one or more
newspapers of general circulation in the county, once each week for three
weeks. If there is no newspaper of general circulation in the county, then
copies of the resolution shall be posted in at least five of the most
public places in the county seat of the county. The publication or posting
of the resolution 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 resolution be submitted to the voters of the county; (2)
the time in which the petition must be filed; and (3) the date of the
prospective referendum. The county clerk shall provide a petition form to
any individual requesting one.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3008) (from Ch. 34, par. 6-3008)
Sec. 6-3008.
Tax levy.
The resolution authorizing the bonds
shall also provide for the levy and collection of a direct annual tax upon
all taxable property in the county sufficient to pay the principal of the
bonds at maturity, the interest on the bonds as it falls due, and the cost
of operations and maintenance of the facility. Such tax shall not exceed
.07% of the value of the property as equalized or assessed by the
Department of Revenue, but shall not be subject to any other statutory
limitations relative to taxes which may be extended for county purposes,
and shall not be subject to the limitations provided in Section 5-1020.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3009) (from Ch. 34, par. 6-3009)
Sec. 6-3009.
Execution and terms of bonds.
The bonds shall be
executed by such officials as may be provided in the resolution authorizing
the issue. The bonds may be made registerable as to principal and may be made
callable on any interest payment date at par and accrued interest after notice
has been given at the time and in the manner provided in the resolution. The
bonds shall remain valid even though one or more of the officers executing
the bonds ceases to hold office before the bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3010) (from Ch. 34, par. 6-3010)
Sec. 6-3010.
Sinking fund.
The resolution of the county board may
provide for the creation of a sinking fund to consist of the proceeds of
the taxes levied for the payment of the principal and interest upon these
bonds. The fund shall be faithfully applied to the purchase or payment of
the bonds, and the interest thereon, issued pursuant to the provisions of
this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3011) (from Ch. 34, par. 6-3011)
Sec. 6-3011.
Sale of bonds.
The bonds shall be sold to the highest
and best bidder at not less than their par value and accrued interest. The
county board shall advertise for proposals to purchase the bonds. Such
advertisement shall be published at least once in a newspaper having
circulation within the county at least 10 days prior to the date for
opening the bids. The county board may reserve the right to reject any and
all bids and to readvertise for bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-3012) (from Ch. 34, par. 6-3012)
Sec. 6-3012.
Petition for referendum.
If a petition is filed with the
county clerk not later than 30 days after the first publication or the
posting of the resolution, signed by voters of the county numbering 10%
or more of the registered voters in such county,
requesting an election to vote upon the proposition of issuing bonds for
the purpose of obtaining funds to construct a county jail and sheriff's
residence, the county clerk shall certify the proposition to the proper
election officials, who shall submit the proposition to the voters at an
election in accordance with the general election law. The ballot shall be
substantially in the following form:
Shall .... county issue bonds YESin the amount of ..... to construct a county jail? NO
If a majority of the voters voting upon the aforesaid proposition vote in
favor of it, the bonds may be issued by such county, but if a majority of
the voters voting upon the proposition vote against the proposition, the
county may not issue bonds for the purpose of constructing a county jail
under the provisions of this Division.
(Source: P.A. 86-962; 87-767.)
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(55 ILCS 5/6-3013) (from Ch. 34, par. 6-3013)
Sec. 6-3013.
Effective date of resolution.
If no petition
is filed within the time herein provided, the resolution shall
be in full force and effect at the expiration of such 28-day
period, and such county may proceed to incur the indebtedness
and may issue and sell its bonds. If a petition is filed, the
resolution shall be in abeyance until the indebtedness and the
issuance of bonds in the amount described receives the favorable
vote of a majority of the voters of the county voting on the
proposition.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-4 heading) Division 6-4.
Bonds for Court Houses
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(55 ILCS 5/6-4001) (from Ch. 34, par. 6-4001)
Sec. 6-4001.
Bonds for construction or remodeling of courthouses.
Any
county with a population of more than 300,000 and an increase in population
of 30% or more from any decennial census to the next such census, by
resolution of its county board may incur indebtedness for the
reconstruction and remodeling of an existing courthouse or the construction
of a new courthouse and related facilities at the same or a new location
and for the acquisition of land and fixtures therefor, issue and sell
general obligation bonds therefor and levy taxes upon all taxable property
of the county sufficient to pay the principal on the bonds at maturity and
to pay interest thereon as it falls due.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4002) (from Ch. 34, par. 6-4002)
Sec. 6-4002.
Resolution.
The resolution of the county board
authorizing the issuance of the general obligation bonds shall prescribe
all the details of the bonds and specify the total amount of the bonds to
be issued, the form and denomination of the bonds, the date they are to
bear, the place they are payable, the date or dates of maturity, which
shall not be more than 30 years after the date of the bonds, the rate of
interest, which shall not exceed that authorized by "An Act to authorize
public corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended, and the dates on which the
interest is payable.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4003) (from Ch. 34, par. 6-4003)
Sec. 6-4003.
Tax levy.
The resolution authorizing the bonds shall
also provide for the levy and collection of a direct annual tax upon all
taxable property in the county sufficient to pay the principal of the bonds
at maturity and to pay the interest thereon as it falls due. Such tax shall
not exceed .05% of the value of the property as equalized or assessed by
the Department of Revenue, but shall not be subject to any other statutory
limitations relative to taxes which may be extended for county purposes,
and shall not be subject to the limitations provided in Section 5-1020. The tax
may be levied without referendum.
(Source: P.A. 88-670, eff. 12-2-94.)
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(55 ILCS 5/6-4004) (from Ch. 34, par. 6-4004)
Sec. 6-4004.
Execution and terms of bonds.
The bonds shall be
executed by such officials as may be provided in the resolution authorizing
the issue. The bonds may be made registerable as to principal and may be
made callable on any interest payment date at par and accrued interest after
notice has been given at the time and in the manner provided in the resolution.
The bonds shall remain valid even though one or more of the officers executing
the bonds ceases to hold office before the bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4005) (from Ch. 34, par. 6-4005)
Sec. 6-4005.
Sinking fund.
The resolution of the county board may
provide for the creation of a sinking fund to consist of the proceeds of
the taxes levied for the payment of the principal and interest upon these
bonds. This fund shall be faithfully applied to the purchase or payment of
the bonds, and the interest thereon, issued pursuant to the provisions of
this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4006) (from Ch. 34, par. 6-4006)
Sec. 6-4006.
Sale of bonds.
The bonds shall be sold to the highest
and best bidder at not less than their par value and accrued interest. The
county board shall advertise for proposals to purchase the bonds. Such
advertisement shall be published at least once in a newspaper having
circulation within the county at least 10 days prior to the date for
opening the bids. The county board may reserve the right to reject any and
all bids and to readvertise for bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4007) (from Ch. 34, par. 6-4007)
Sec. 6-4007.
Publication of resolution.
After the
resolution of the county board providing for the establishment
of an annual levy has been adopted, it shall be published in some newspaper
of general circulation in the county, once each week for 3 weeks. If there
is no newspaper of general circulation in the county, then copies of the
resolution shall be posted in at least 5 of the most public places in the
county seat of the county.
The publication or posting of the resolution 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 county; (2) the time within which the petition must be filed;
and (3) the date of the prospective referendum. The county clerk shall
provide a petition form to any individual requesting one.
(Source: P.A. 86-962; 86-1253.)
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(55 ILCS 5/6-4008) (from Ch. 34, par. 6-4008)
Sec. 6-4008.
Petition for referendum.
If a petition is filed with the
county clerk not later than 28 days after the first publication or the
posting of the resolution, signed by not less than 5% of the number of
legal voters who voted at the last general election in such county,
requesting that the question of establishing an annual tax levy for the
purpose of obtaining funds to construct, reconstruct or remodel a
courthouse be submitted to the electors of the county, the county clerk
shall certify the question to the proper election officials for submission
at the next regular scheduled election in accordance with the general
election law.
The question shall be substantially in the following form:
Shall .............. county issue bond YESin the amount of $........ to construct (or reconstruct or remodel a courthouse)? NO
The election shall be conducted in accordance with the general election
law, at the nonpartisan election in 1981.
If a majority of the voters voting upon the aforesaid question vote in
favor of it, the bonds may be issued by such county, but if a majority of
the voters voting upon the question vote against the question the county
may not issue bonds for the purpose of constructing, reconstructing, or
remodeling a courthouse under the provisions of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4009) (from Ch. 34, par. 6-4009)
Sec. 6-4009.
When resolution effective.
If no petition
is filed within the time herein provided, the resolution shall
be in full force and effect at the expiration of such period,
and such county may proceed to incur the indebtedness and may
issue and sell its bonds. If a petition is filed, the resolution
shall be in abeyance until the election and it shall only be
effective if the question of incurring the indebtedness and the
issuance of bonds in the amount described, receives the favorable
vote of a majority of the voters of the county voting on the question.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-4010) (from Ch. 34, par. 6-4010)
Sec. 6-4010.
County under 300,000.
(a) Any county having a population under 300,000 may, by resolution of
its county board, incur an indebtedness for the reconstruction and
remodeling of an existing courthouse or the construction of a new
courthouse and related facilities at the same or a new location and for the
acquisition of land and fixtures for the courthouse and related facilities and
may issue and sell its bonds and levy taxes upon all the taxable property of
the county sufficient to pay the principal of the bonds at maturity and to
pay interest on the bonds as it falls due upon approval of the issuance of
the bonds at a referendum held in accordance with the general election law.
(b) The total amount of the bonds, together with existing indebtedness,
shall not exceed the limitation provided by law for indebtedness of the county.
(c) Upon adoption of the resolution, the county board shall certify the
question of the issuance of the bonds to the appropriate election
officials. The question shall be submitted to the electors of the county
in substantially the following form:
Shall (name of county) issue bonds in the amount of | ||
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The question is approved if a majority of the electors voting on the
question vote in favor of it.
(d) Taxes levied for the payment of the principal of and interest on the
bonds shall be in addition to the maximum of taxes provided by statute for
counties and shall not be subject to the limitation for county taxes
provided in Section 5-1014.
(Source: P.A. 87-320.)
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(55 ILCS 5/Div. 6-5 heading) Division 6-5.
Bonds for Voting Machines
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(55 ILCS 5/6-5001) (from Ch. 34, par. 6-5001)
Sec. 6-5001.
Referendum.
For the purpose of purchasing voting
machines, the county board of any county having more than 500,000
inhabitants and in which county there has been a favorable vote on the
proposition of adopting voting machines as provided by Article 24 of "The
Election Code", as amended, may, by resolution, incur an indebtedness and
issue bonds therefor in the aggregate of not more than $500,000 in addition
to all bonded indebtedness authorized for that purpose prior to July 1, 1949.
However, no resolution providing for the issuance of bonds as authorized
by Sections 6-5001 through 6-5005 shall be effective until it has been
submitted to referendum of the electors of that county. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at an election in accordance with the
general election law. In addition to the requirements of the general
election law, notice of the referendum shall also set forth the substance of
the resolution. If a majority of those voting upon the proposition at such
referendum vote in favor of issuing such bonds, then the resolution shall
immediately become effective.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5002) (from Ch. 34, par. 6-5002)
Sec. 6-5002.
Resolution authorizing bonds.
The
resolution authorizing the issuance of such bonds shall specify
the total amount of bonds to be issued, the form and denomination of the
bonds, the date they are to bear, the place where they are payable, the
date or dates of maturity, which shall not be more than 20 years after the
date the bonds bear, the rate of interest which shall not exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and the dates on which interest is payable.
Such resolution shall prescribe all the details of the bonds and shall
provide for the levy and collection of a direct annual tax upon all taxable
property within the county sufficient to pay the principal thereof at
maturity and to pay the interest thereon as it falls due, which tax shall
not be subject to any statutory limitations relative to taxes which may be
extended for county purposes.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 these Sections 6-5001
through 6-5005 or "An Act to authorize the issuance of bonds by a county
having more than 500,000 inhabitants for the purchase of voting machines,
and to provide for the payment therefor", approved July 20, 1949, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of these Sections 6-5001 through 6-5005 or "An Act
to authorize the issuance of bonds by a county having more than 500,000
inhabitants for the purchase of voting machines, and to
provide for the payment therefor", approved July 20, 1949, that may appear to
be or to have been more restrictive than those Acts.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/6-5003) (from Ch. 34, par. 6-5003)
Sec. 6-5003.
Execution of bonds.
The bonds shall be executed by such
officials as may be provided in the resolution authorizing the issue. They
may be made registerable as to principal and may be made callable on any
interest payment date at par and accrued interest after notice has been
given at the time and in the manner provided in the resolution. The bonds
shall remain valid even though one or more of the officers executing the
bonds ceases to hold office before the bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5004) (from Ch. 34, par. 6-5004)
Sec. 6-5004.
Sinking fund.
The resolution may provide for the
creation of a sinking fund to consist of the proceeds of the taxes levied
for the payment of the principal and interest upon these bonds. This fund
shall be faithfully applied to the purchase or payment of the bonds, and
the interest thereon, issued pursuant to the provisions of Sections 6-5001
through 6-5005.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5005) (from Ch. 34, par. 6-5005)
Sec. 6-5005.
Sale of bonds.
The bonds shall be sold to the highest
and best bidder at not less than their par value and accrued interest. The
county board shall advertise for proposals to purchase the bonds. Such
advertisement shall be published at least once in a newspaper having
circulation within the county at least 10 days prior to the date for
opening the bids. The county board may reserve the right to reject any and
all bids and to readvertise for bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5006) (from Ch. 34, par. 6-5006)
Sec. 6-5006.
Resolution and referendum on additional indebtedness.
For the purpose of purchasing voting machines, the county board of any
county having more than 500,000 inhabitants and in which county there has
been a favorable vote on the proposition of adopting voting machines as
provided by Article 24 of "The Election Code", as amended, may, by
resolution, incur an indebtedness and issue bonds therefor in the aggregate
of not more than $400,000 in addition to all bonded indebtedness authorized
for that purpose prior to July 1, 1953.
However, no resolution providing for the issuance of bonds as authorized
by Sections 6-5006 through 6-5010 shall be effective until it has been
submitted to referendum of the electors of that county. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at an election in accordance with the
general election law. In addition to the requirements of the general
election law, notice of the referendum shall also set forth the substance
of the resolution. If a majority of those voting upon the proposition at
such election vote in favor of issuing such bonds, then the resolution
shall immediately become effective.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5007) (from Ch. 34, par. 6-5007)
Sec. 6-5007.
Requisites of resolution.
The resolution authorizing the
issuance of such bonds shall specify the total amount of bonds to be
issued, the form and denomination of the bonds, the date they are to bear,
the place where they are payable, the date or dates of maturity, which
shall not be more than 20 years after the date the bonds bear, the rate of
interest which shall not exceed 4% per annum and the dates on which interest
is payable.
Such resolution shall prescribe all the details of the bonds and shall
provide for the levy and collection of a direct annual tax upon all taxable
property within the county sufficient to pay the principal thereof at
maturity and to pay the interest thereon as it falls due, which tax shall
not be subject to any statutory limitations relative to taxes which may be
extended for county purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5008) (from Ch. 34, par. 6-5008)
Sec. 6-5008.
Execution of bonds; registration.
The bonds shall be
executed by such officials as may be provided in the resolution authorizing
the issue. They may be made registerable as to principal and may be made
callable on any interest payment date at par and accrued interest after
notice has been given at the time and in the manner provided in the resolution.
The bonds shall remain valid even though one or more of the officers executing
the bonds ceases to hold office before the bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5009) (from Ch. 34, par. 6-5009)
Sec. 6-5009.
Sinking fund.
The resolution may provide for the
creation of a sinking fund to consist of the proceeds of the taxes levied
for the payment of the principal and interest upon these bonds. This fund
shall be faithfully applied to the purchase or payment of the bonds, and
the interest thereon, issued pursuant to the provisions of Sections 6-5006
through 6-5010.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-5010) (from Ch. 34, par. 6-5010)
Sec. 6-5010.
Sale of bonds.
The bonds shall be sold to the highest
and best bidder at not less than their par value and accrued interest. The
county board shall advertise for proposals to purchase the bonds. Such
advertisement shall be published at least once in a newspaper having
circulation within the county at least 10 days prior to the date for
opening the bids. The county board may reserve the right to reject any and
all bids and to readvertise for bids.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-6 heading) Division 6-6.
Bonds for Hospitals, Police
Equipment and Voting Machines
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(55 ILCS 5/6-6001) (from Ch. 34, par. 6-6001)
Sec. 6-6001.
Authorization.
The county board of any county with a
population of 1,000,000 or more may, before January 1, 1968, without
referendum, incur an indebtedness and issue general obligation bonds in an
amount not exceeding $10,000,000 for the purpose of hospital improvements,
police equipment, and additional voting machines, and may levy a tax for
the purpose of paying the principal and interest on such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-6002) (from Ch. 34, par. 6-6002)
Sec. 6-6002.
Bonds.
The bonds shall be issued in such denominations,
be for such term or terms, and bear interest at such rate as may be
specified in the resolution of the county board authorizing the issuance
of such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-6003) (from Ch. 34, par. 6-6003)
Sec. 6-6003.
Effect of limitation on indebtedness.
The bonds
authorized hereunder and the tax levied in connection therewith shall not
be included in any statutory limitation on indebtedness or tax rates.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-7 heading) Division 6-7.
Revenue Bonds - Hospitals
|
(55 ILCS 5/6-7001) (from Ch. 34, par. 6-7001)
Sec. 6-7001.
Authorization for counties not home rule counties.
The county Board of any County which is not a home rule unit and
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) constructing, reconstructing, repairing,
remodeling, extending, equipping, improving and acquiring a site or
sites for a hospital building or buildings, or (2) 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
county, 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 greater of (i)
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, or (ii) 9% per annum, payable
annually or semiannually as the County Board may determine, and may be sold
by the County Board 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 the greater of (i) the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, or (ii) 9% per annum based on the
average maturity of such bonds and computed according to standard tables
of bond values.
No member of the County Board, Board of Directors of the public hospital
or its administration shall have any personal economic interest in any
bonds issued in accordance with this Division.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
in relation to the issuance of revenue bonds by certain counties for public
hospitals", approved June 29, 1973, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act in relation to the
issuance of revenue bonds by certain counties for public hospitals",
approved June 29, 1973, that may appear to be or to have been more
restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-7002) (from Ch. 34, par. 6-7002)
Sec. 6-7002.
Ordinance.
The County Board of any such county availing
itself of the provisions of Section 6-7001 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 and the site or sites to be acquired. Such ordinance
shall set out the estimated cost of such construction, reconstruction, repair,
remodeling, extension, equipment, improvement or acquisition 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 county 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 interest upon the bonds so authorized. Revenue bonds
issued under this Division shall be signed by the Chairman of the County Board
and the County Clerk of the county 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 county 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 this Division, 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 county 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 county to pay such bond or interest thereon.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-7003) (from Ch. 34, par. 6-7003)
Sec. 6-7003.
Redemption of revenue bonds.
Revenue
bonds issued under this Division may be redeemed by the county
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.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-8 heading) Division 6-8.
Bonds - Payment of Outstanding Indebtedness
|
(55 ILCS 5/6-8001) (from Ch. 34, par. 6-8001)
Sec. 6-8001.
Bonds for excess claim against county.
When any
county has audited or allowed claims for county expenses
or county purposes that are outstanding and that, when added to
the sum levied for county purposes, exceed the
sum of 25 cents on the $100 valuation of property, the county board may, by
an order entered of record setting forth substantially the amount of
the outstanding claims, provide for the submission of the
question of issuing the bonds of the county for such sum as may be
reasonably necessary for the purpose to a vote of the people of the
county at a regular election after the passage of the
resolution. The county board shall certify the resolution and the
proposition to the proper election officials, who shall submit the
proposition at a regular election in accordance with the general election
law.
The county board of any county having a population in excess of 200,000
may issue bonds for the purpose of paying claims for county expenses or
county purposes audited or allowed by the county board without submitting
the question of issuing the bonds to a vote of the people of the county.
These bonds shall mature within 10 years from the date of issuance. The
aggregate principal amount of bonds to pay such claims that may ever be
issued without being authorized by referendum shall not exceed $2,500,000.
(Source: P.A. 86-962; 87-895.)
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(55 ILCS 5/6-8002) (from Ch. 34, par. 6-8002)
Sec. 6-8002.
Form of votes.
The votes in favor of the proposition
to issue bonds, at an election, shall be "For issuing bonds," and
those against shall be "Against issuing bonds," and if a majority of the
votes cast upon the question are "For issuing bonds" then the county
board shall have power to cause to be issued bonds of said county in
accordance with the terms of the order in Section 6-8001.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-8003) (from Ch. 34, par. 6-8003)
Sec. 6-8003.
Signature on bonds.
The bonds issued under the authority
of this Division shall be signed in the name of the county by the chairman
of the board of county commissioners in counties not under township
organization and by the chairman of the county board in counties under
township organization, and shall be countersigned by the county clerk and
shall have the seal of the county attached thereto.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-8004) (from Ch. 34, par. 6-8004)
Sec. 6-8004.
Payment of interest.
The bonds issued by authority of
this Division shall be payable at such time or times as the county board
may in said order determine not exceeding, however, twenty years from the
date of issue and shall bear interest at such rate per annum as shall by
said order be fixed not exceeding five per cent.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-8005) (from Ch. 34, par. 6-8005)
Sec. 6-8005.
Sale of bonds.
The said bonds or such as may be necessary
shall be sold to the highest bidder under the direction of the county board
by receiving sealed bids therefor, but no bond shall be sold for less than
par and accrued interest and at least fifteen days notice of the time and
place of receiving bids for such bonds shall be given by the county clerk
by publication thereof for at least two successive weeks in some newspaper
of general circulation in said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-8006) (from Ch. 34, par. 6-8006)
Sec. 6-8006.
Proceeds to be separate fund.
The money realized from
the sale of said bonds, or any of them shall be kept as a separate fund and
disbursed only for the purpose for which they were issued: Provided, that
any surplus that may remain after the payment of all demands against said
funds may be used for other county purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-8007) (from Ch. 34, par. 6-8007)
Sec. 6-8007.
Amount of taxes.
The county board of each county issuing
bonds under the provisions of this Division shall include in
the amounts of all taxes to be raised for county purposes in each year a
sum sufficient to pay the accruing interest on such bonds and also a
sufficient sum to be set apart as a sinking fund to be accumulated and used
for the payment of the principal of said bonds at their maturity.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-9 heading) Division 6-9.
Refunding Bonds - Counties
Under 200,000 Population
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(55 ILCS 5/6-9001) (from Ch. 34, par. 6-9001)
Sec. 6-9001.
Issuance of refunding bonds.
Whenever
any county having a population of less than 200,000, has
outstanding bonds issued for any purpose authorized by law which are
binding and subsisting legal obligations, and it has no money with which to
pay the principal of or interest on such bonds, such county is hereby
authorized to issue its refunding bonds for the purpose of paying such
principal or interest, or both.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-9002) (from Ch. 34, par. 6-9002)
Sec. 6-9002.
Resolution.
Such bonds shall be authorized by a
resolution to be adopted by the county board or the board of county
commissioners (as the case may be). Said resolution shall describe the
principal, interest or both, to be paid, fix the details of the refunding
bonds, including the date, denominations, place of payment, rate of
interest and maturity of the bonds so authorized to be issued pursuant to
the provisions of this Division, and such resolution shall provide for the
levy of a tax sufficient to pay principal of and interest on said refunding
bonds as the same mature. The refunding bonds shall bear interest
at a rate 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, and may mature at such time or times,
(but not more than twenty years from date of bonds) as the resolution shall
fix. Such bonds shall be signed by the Chairman of the Board, be attested
by the County Clerk with the seal of the County attached, and be registered
by the County Treasurer. The coupons attached to said bonds may be executed
with the lithographed or facsimile signature of the County Treasurer.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to authorize counties having a population of less than two hundred thousand
to issue refunding bonds", approved April 22, 1933, that may appear to be
or to have been more restrictive than those Acts, (ii) that the provisions
of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act to authorize counties
having a population of less than two hundred thousand to issue refunding
bonds", approved April 22, 1933, that may appear to be or to have been more
restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-9003) (from Ch. 34, par. 6-9003)
Sec. 6-9003.
Sale or exchange of bonds.
Such refunding bonds may be
exchanged par for par for principal, interest or both, described in the
authorizing resolution, or may be sold at not less than their par value,
and the proceeds of the sale shall be used only for the purpose of paying
such principal, interest or both.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-9004) (from Ch. 34, par. 6-9004)
Sec. 6-9004.
Tax for principal and interest.
It
shall be the duty of the County Clerk, annually, to extend a tax
upon all of the taxable property in the county sufficient to pay maturing
principal of and interest on said refunding bonds. Said tax shall not be
subject to any statutory limitations now or hereafter enacted relative to
taxes which may be extended for county purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-10 heading) Division 6-10.
Refunding Bonds - Tax Levy
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(55 ILCS 5/6-10001) (from Ch. 34, par. 6-10001)
Sec. 6-10001.
Refunding bonds.
The corporate authorities of any county,
without submitting the question to the electors thereof for approval, may
authorize by ordinance the issuance of refunding bonds (1) to refund its
bonds prior to their maturity; (2) to refund its unpaid matured bonds; (3)
to refund matured coupons evidencing interest upon its unpaid bonds; (4) to
refund interest at the coupon rate upon its unpaid matured bonds that has
accrued since the maturity of those bonds; and (5) to refund its bonds
which by their terms are subject to redemption before maturity.
The refunding bonds may be made registerable as to principal and may
bear interest at a rate not to exceed 6% annually, payable at
such time and place as may be provided in the bond ordinance.
The refunding bonds shall remain valid even though one or more of the
officers executing the bonds ceases to hold his or their offices before the
bonds are delivered.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10002) (from Ch. 34, par. 6-10002)
Sec. 6-10002.
Ordinance.
The ordinance authorizing the refunding
bonds shall prescribe all details thereof and shall provide for the levy
and collection of a direct annual tax upon all the taxable property within
the county sufficient to pay the principal thereof and interest thereon as
it matures. This tax shall be in addition to and exclusive of the maximum
of all other taxes authorized to be levied by the county. Tax limitations
applicable to the county provided by statutes of this State shall not apply
to taxes levied for payment of these refunding bonds. However, taxes
provided to be levied for payment of refunding bonds of any county shall
not be in excess of the constitutional limitation of 75¢ per $100 valuation
unless that excess is authorized by a vote of the people of the county.
A certified copy of the bond ordinance shall be filed with the county
clerk of the county and shall constitute the authority for the extension
and collection of refunding bond and interest taxes as required by the
constitution.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10003) (from Ch. 34, par. 6-10003)
Sec. 6-10003.
Exchange or sale of refunding bonds.
The refunding bonds may be exchanged for the bonds to be refunded
on the basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any. Instead of this
exchange, the refunding bonds may be sold at not less than their par value
and accrued interest. The proceeds received from their sale shall be used
to pay the bonds, interest coupons, and interest not represented by
coupons, if any. This payment may be made without any prior appropriation
therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10004) (from Ch. 34, par. 6-10004)
Sec. 6-10004.
Form of refunding bonds; maturity.
The
refunding bonds shall be of such form and denomination, payable
at such place, bear such date, and be executed by such officials as may be
provided by the corporate authorities of the county in the bond ordinance.
They shall mature within not to exceed twenty years from their date, and
may be made callable on any interest payment date at par and accrued
interest after notice has been given at the time and in the manner provided
in the bond ordinance.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and if after setting aside a sum of money equal to the
amount of interest that will accrue on the refunding bonds, and a sum of
money equal to the amount of principal that will become due thereon, within
the next six months period, the treasurer and comptroller, if there is a
comptroller, of the county shall use the money available from the proceeds
of taxes levied for the payment of the refunding bonds in calling them for
payment, if, by their terms, they are subject to redemption. However, a
county may provide in the bond ordinance that, whenever the county is not
in default in payment of the principal of or interest upon the refunding
bonds and has set aside the sums of money provided in this paragraph for
interest accruing and principal maturing within the next six months period,
the money available from the proceeds of taxes levied for the payment of
refunding bonds shall be used, first, in the purchase of the refunding
bonds at the lowest price obtainable, but not to exceed their par value and
accrued interest, after sealed tenders for their purchase have been
advertised for as may be directed by the corporate authorities thereof.
Refunding bonds called for payment and paid or purchased under this
Section shall be marked paid and cancelled.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10005) (from Ch. 34, par. 6-10005)
Sec. 6-10005.
Reduction of tax.
Whenever any refunding bonds are
purchased and cancelled, as provided in Section 6-10004, the taxes
thereafter to be extended for payment of the principal of and the interest
on the remainder of the issue shall be reduced in an amount equal to the
principal of and the interest that would have thereafter accrued upon the
refunding bonds so cancelled. A resolution shall be adopted by the
corporate authorities of the county finding these facts. A certified copy
of this resolution shall be filed with the county clerk, whereupon the
county clerk shall reduce and extend such tax levies in accordance therewith.
Whenever refunding bonds are issued, proper reduction of taxes,
theretofore levied for the payment of the bonds refunded and next to be
extended for collection, shall be made by the county clerk upon receipt of
a certificate signed by the treasurer and the comptroller, if there is a
comptroller, of the county, showing the bonds refunded and the tax to be
abated.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10006) (from Ch. 34, par. 6-10006)
Sec. 6-10006.
Sinking fund.
Money which becomes available from taxes
that were levied for prior years for payment of bonds or interest coupons
that were paid or refunded before those taxes were collected, after payment
of all warrants that may have been issued in anticipation of these taxes,
shall be placed in the sinking fund account provided in this Section. It
shall be used to purchase, call for payment, or to pay at maturity
refunding bonds and interest thereon as herein provided.
Money received from the proceeds of taxes levied for the payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the county. It shall be designated as the "Refunding Bond
and Interest Sinking Fund Account of ....." This fund shall be faithfully
applied to the purchase or payment of refunding bonds and the interest
thereon as provided in this Division.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the corporate authorities of the
county, the money may be invested by the treasurer and the comptroller, if
there is a comptroller, of the county, in bonds or other interest bearing
obligations of the United States or in bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing county. The corporate authorities may sell these securities
whenever necessary to obtain cash to meet bond and interest payments.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10007) (from Ch. 34, par. 6-10007)
Sec. 6-10007.
Procedure by corporate authorities to effectuate
refunding plan. The corporate authorities of a county may take any action
that may be necessary to inform the owners of unpaid bonds regarding the
financial condition of the county, the necessity of refunding its unpaid
bonds and readjusting the maturities thereof in order that sufficient taxes
may be collected to take care of these bonds, and thus re-establish the
credit of the county. The corporate authorities may enter into any
agreement required to prepare and carry out any refunding plan and, without
any previous appropriation therefor under any budget law, may incur and pay
expenditures that may be necessary in order to accomplish the refunding of
the bonds of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-10008) (from Ch. 34, par. 6-10008)
Sec. 6-10008.
Applicability.
This Division shall apply to
any county regardless of the law under which it is organized and operating,
and shall constitute complete authority for issuing refunding bonds as
herein provided without reference to other laws. This Division
shall be construed as conferring powers in addition to, but not as limiting
powers granted under other laws.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-11 heading) Division 6-11.
Funding Bonds - Counties
under 70,000 Population
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(55 ILCS 5/6-11001) (from Ch. 34, par. 6-11001)
Sec. 6-11001.
Resolution directing issuance of bonds.
If no petition
for referendum is filed as provided in this Division, or if such petition
is filed and election is had and a majority of the voters voting on the
proposition vote in favor thereof, then the county board may adopt a
resolution directing the issuance of any or all of the bonds described in
the resolution of intention, fixing the details thereof and levying a tax
to pay the same. The bonds shall mature at such time or times as is fixed
in said resolution but not more than 20 years from the date of such bonds,
shall bear interest at not more than 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, and be payable at such place
or places as shall be fixed in said resolution, and shall be signed in the
manner and by the officials directed by the resolution to sign the same.
The amount of such bonds which may be issued shall not be subject to any
statutory debt limitation. Any of the bonds authorized pursuant to the
provisions of this Division may be exchanged for at least a like par amount of
the claims described in the resolution of intention, or said bonds, or some
of them, may be sold for not less than the par value thereof and the
proceeds used to pay at least a like par amount of such claims, provided,
however, said bonds may be delivered from time to time or all at one time.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to authorize any county having a population of less than 70,000 to issue
funding bonds and to provide for the validation of claims to be paid by or
from the proceeds of such bonds", filed June 19, 1939, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act to authorize any
county having a population of less than 70,000 to issue funding bonds and
to provide for the validation of claims to be paid by or from the proceeds
of such bonds", filed June 19, 1939, that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-11002) (from Ch. 34, par. 6-11002)
Sec. 6-11002.
Extension of tax to pay funding bonds.
It shall
be the duty of such county clerk annually when extending
taxes for other corporate purposes to extend taxes for the purpose of
paying the principal of and interest on the bonds therein authorized as
directed in and by said resolution. Such tax shall not be subject to any
statutory limitation as to rate or amount.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-11003) (from Ch. 34, par. 6-11003)
Sec. 6-11003.
Bondholder's rights.
The holder of any such bonds shall
not be obligated to inquire into the validity of the claims funded, but
shall be entitled to rely upon the proceedings taken pursuant to the
provisions of this Division with respect thereto as establishing the
validity of the items funded and the power to issue such bonds. The
adoption of the resolution, which declares the intention of the county
board to issue funding bonds under the provisions of this Division, shall
be deemed a validation of the claims therein set forth insofar as there may
be any question as to the legality of any or all of the same.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-11004) (from Ch. 34, par. 6-11004)
Sec. 6-11004.
Partial invalidity.
The invalidity of any Section or
portion of this Division shall not affect the remainder hereof. This
Division shall not be construed as repealing or modifying any existing
statute with respect to the issuance of bonds, but shall be deemed to be
additional authority to issue funding bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-12 heading) Division 6-12.
Funding Bonds - Counties
under 5,000 Population
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(55 ILCS 5/6-12001) (from Ch. 34, par. 6-12001)
Sec. 6-12001.
Authorization.
Any county having a population of less
than 5,000 inhabitants is authorized to issue bonds for the purpose of
paying claims against such county, which were incurred on or before January
1, 1964 for any purpose or purposes for which the county is obligated to
pay or provide funds to pay. Such bonds may be issued in an amount,
including existing indebtedness, in excess of any statutory limitation as
to debt, but not to exceed the constitutional debt limitation, without
submitting the proposition of issuing the bonds or the levying of a tax to
pay the same to the voters of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-12002) (from Ch. 34, par. 6-12002)
Sec. 6-12002.
Resolution establishing validity of claims.
Before any such county avails itself of the provisions of this
Division, the county board shall examine and consider the claims
proposed to be paid and if it appears that such claims were
incurred on or before January 1, 1964 for any purpose or purposes
for which the county is obligated to pay or provide funds to pay,
it shall adopt a resolution so declaring and set forth and describe
in detail such claims; the adoption of such resolution shall
establish the validity of such claims for the purpose of this Division.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-12003) (from Ch. 34, par. 6-12003)
Sec. 6-12003.
Issuance of bonds; maturity.
All bonds
issued under the provisions of this Division shall be signed
in the name of the county by the chairman of the county board and shall be
countersigned by the county clerk and shall have the seal of the county
attached thereto. Such bonds shall mature at such time or times as is fixed
by said county board provided that all of such bonds shall mature within 20
years from their date and bear interest at 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, and may be sold
as the county board may direct at not less than par and accrued interest,
and the proceeds derived from the sale thereof shall be used solely and
only for the payment of such claims, or the bonds may be exchanged par for
par for such claims, such bonds may be delivered from time to time or all
at one time.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to authorize any county having a population of less than 5,000 to issue
funding bonds and to provide for the validation of claims to
be paid by or
from the proceeds of such bonds, and to provide for a tax to pay the
principal and interest of said bonds", approved August 15, 1961, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Division or "An Act to authorize any
county having a population of less than 5,000 to issue funding bonds and to
provide for the validation of claims to be paid by or from the proceeds of
such bonds, and to provide for a tax to pay the principal and interest of
said bonds", approved August 15, 1961, that may appear to be or to have
been more restrictive than those Acts.
(Source: P.A. 90-655, eff. 7-30-98.)
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(55 ILCS 5/6-12004) (from Ch. 34, par. 6-12004)
Sec. 6-12004.
Bond resolution; tax levy.
Such
bonds may be issued at any time and
from time to time and at
the time of issuing any such bonds, the county board shall provide by
resolution the date of maturity of each bond, the rate of interest, and
shall also provide in said resolution for the collection of a direct annual
tax upon all the taxable property within such county sufficient to pay and
discharge the principal of any such bonds at maturity, and to pay the
interest thereon as it falls due. A certified copy of such resolution shall
be filed in the office of the county clerk, as tax extension officer of
said county, and he shall extend the tax therein provided for each of the
years while any of such bonds are outstanding. Such tax shall be in
addition to any and all other taxes now or hereafter authorized to be
levied by such county within the Constitutional limitation, and shall not
be included in any statutory limitation of rate or amount but shall be
excluded therefrom and be in excess thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-12005) (from Ch. 34, par. 6-12005)
Sec. 6-12005.
Existing statutes.
This Division shall not be
construed as repealing or modifying any existing statute with respect to
the issuance of bonds, but shall be deemed to be additional authority to
issue funding bonds. The purchaser of any such bonds shall not be obligated
to inquire into the validity of the claims funded by reason of the issue of
such bonds; and all such bonds issued hereunder shall be valid obligations
of the issuing county.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-13 heading) Division 6-13.
Bonds to Pay Claims - Counties
Between 180,000 and 200,000 Population
|
(55 ILCS 5/6-13001) (from Ch. 34, par. 6-13001)
Sec. 6-13001.
Bonds to pay claims against counties of 180,000 to
200,000. Any county having a population of not less than 180,000 and not
more than 200,000 is authorized to issue bonds at any time and from time to
time prior to January 1, 1954 for the purpose of paying claims against such
county heretofore or hereafter duly audited and allowed. Such bonds may be
issued in an amount, including existing indebtedness, in excess of any
statutory limitation as to debt, but not to exceed $400,000 nor the
constitutional limitation, without submitting the proposition of issuing
the bonds or the levying of a tax to pay the same to the voters of said county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-13002) (from Ch. 34, par. 6-13002)
Sec. 6-13002.
Resolution establishing validity of claims.
Before any
such county avails itself of the provisions of this Division, the county
board shall examine and consider the claims proposed to be paid and, if it
appears that such claims were authorized and duly audited and allowed for
corporate purposes, it shall adopt a resolution so declaring and set forth
and describe in detail such claims; the adoption of such resolution shall
establish the validity of such claims.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-13003) (from Ch. 34, par. 6-13003)
Sec. 6-13003.
Maturity of bonds; tax.
All bonds issued under
the provisions of this Division shall mature within 20 years from their
date and bear interest at a rate 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, and may be sold as the county
board may direct at not less than par and accrued interest, and the
proceeds derived from the sale thereof shall be used solely and only for
the payment of such claims, or the bonds may be exchanged par for par for
such claims.
Before or at the time of issuing any such bonds, the county board shall
provide by resolution for the collection of a direct annual tax upon all
the taxable property within such county sufficient to pay and discharge the
principal of any such bonds at maturity, and to pay the interest thereon as
it falls due. A certified copy of such resolution shall be filed in the
office of the county clerk, as tax extension officer of said county, and he
shall extend the tax therein provided for each of the years while any of
such bonds are outstanding. Such tax shall be in addition to any and all
other county taxes now or hereafter authorized within the Constitutional
limitation. Statutory tax limitations applicable to the county shall not
apply to the levy of taxes for the payment of interest or principal of any
bonds issued under this Division.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to authorize counties having a population of not less than 180,000 and not
more than 200,000 to issue bonds for the payment of claims", approved May
25, 1953, that may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts,
and (iii) that instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Division or "An Act to authorize
counties having a population of not less than 180,000 and not more than
200,000 to issue bonds for the payment of claims", approved May 25, 1953,
that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
|
(55 ILCS 5/6-13004) (from Ch. 34, par. 6-13004)
Sec. 6-13004.
Validity of bonds issued.
The purchaser of any such
bonds shall not be obligated to inquire into the validity of the claims
funded by reason of the issue of such bonds; and all bonds issued hereunder
shall be valid obligations of the issuing county.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-14 heading) Division 6-14.
Bonds for Certain Unpaid Judgments -
Counties under 250,000 Population
|
(55 ILCS 5/6-14001) (from Ch. 34, par. 6-14001)
Sec. 6-14001.
Judgments rendered in suits commenced prior to December
31, 1959. The County Board of any County having a population of less than
250,000 inhabitants and in which a Public Building Commission authorized by
the "Public Building Commission Act", approved July 5, 1955, as now or
hereafter amended, does not exist, by resolution may authorize the issuance
of funding bonds not to exceed $600,000 to fund any judgment or judgments
which have been or may be rendered in suits commenced prior to December 31,
1959, against said County for indebtedness duly audited and allowed prior
to such date and which are unpaid, and to pay which no funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, payable
semi-annually), place of payment, and may
provide that the bonds may be registerable as to principal and other
details necessary and incident to the legal issuance thereof. Said
resolution shall also authorize and direct the levy of an annual tax
against the taxable property of said County sufficient to pay the interest
and principal of said bonds as it matures, in accordance with the
provisions of said resolution, which tax shall be included within the rate
limitation prescribed for county corporate purposes, and shall not be in
addition thereto and in excess thereof. Such tax shall be extended at the
same time and in the same manner as other taxes levied for county purposes,
except that if a general reduction in levies is required to keep the
maximum for corporate purposes within the statutory rate limitation the tax
levy provided for herein shall not be reduced. Said tax shall be collected
in the same manner as is provided for the collection of other taxes, and
when collected shall be paid into the county treasury to the credit of the
"Judgment Funding Fund", and used for the payment of the bonds and interest
herein authorized.
All such bonds shall be sold to the highest and best responsible bidder,
and notice of the time and place bids may be submitted shall be given by
publication in a newspaper of general circulation published in the county,
if there is one, and if none, then in a newspaper of general circulation
therein, such notice to be published once each week for three successive
weeks, the last publication to be at least one day prior to the time
specified in the notice. Any sale of bonds in violation of this
Division is void.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
Courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
authorizing the issuance of funding bonds by counties to care for unpaid
judgments against the county, and providing for a tax levy for their
payment", approved July 28, 1941, that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of this Section
or its predecessor are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under
this Section or its predecessor within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of this
Division or "An Act authorizing the issuance of funding bonds by counties
to care for unpaid judgments against the county, and providing for a tax
levy for their payment", approved July 28, 1941, that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/Div. 6-15 heading) Division 6-15.
Bonds for Certain Unpaid
Judgments or Claims -
Counties over 500,000 Population
|
(55 ILCS 5/6-15001) (from Ch. 34, par. 6-15001)
Sec. 6-15001.
Judgments rendered prior to December 1, 1942.
In all cases where any county having a population of 500,000 or
more inhabitants has incurred indebtedness prior to December 1, 1942 for
proper county purposes, such indebtedness being evidenced by claims that
shall have been audited and allowed by the county board, or evidenced by
judgments rendered prior to December 1, 1942 against such county, such
county may issue negotiable coupon bonds in the amount of such unpaid
claims or judgments, or both, for the purpose of paying same, and may levy
taxes upon all the taxable property in such county sufficient to pay the
principal of such bonds at maturity and to pay the interest thereon, as it
falls due, within the constitutional limitation of 75 cents per $100 of
valuation, without submitting the question of issuing such bonds and
levying such taxes to a vote of the people of such county. Such bonds shall
bear interest at a rate of not to exceed five per centum per annum and the
maturity thereof shall be determined by the county board within twenty
years from their date and such bonds shall be authorized by resolution
adopted by the county board prescribing all details of issue and
determining the amount of unpaid indebtedness incurred for proper county
purposes whether evidenced by judgments or claims, or both, which finding
shall be conclusive as to the amount and validity thereof.
Such bonds shall be sold for not less than their par value upon sealed
bids after such advertising as the county board may deem necessary,
provided, however, that said county board may reserve the right to reject
any and all bids therefor; or such bonds may be delivered by the county
board to the owners of such indebtedness evidenced by claims, or to the
holders of such judgments, on the basis of par for par, in full payment
therefor, and in either case the claims representing such indebtedness
shall be paid simultaneously upon the delivery of the bonds and the
judgments shall be satisfied and released simultaneously upon the delivery
of the bonds, and proper records shall be made showing such payment and
satisfaction thereof. Such payments may be made without any prior
appropriation therefor under any budget law.
Such bonds and coupons shall be payable in lawful money of the United
States of America at such place or places as may be fixed in the resolution
authorizing same and shall be signed in the manner and by the officials
directed by such resolution and such bonds may be issued in an amount,
including existing indebtedness, not to exceed the constitutional
limitation as to debt notwithstanding any statutory debt limitation to the
contrary.
The validity of any bonds hereby authorized to be issued shall remain
unimpaired although one or more of the officials executing such bonds shall
cease to be such officer or officers before the date of delivery thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-15002) (from Ch. 34, par. 6-15002)
Sec. 6-15002.
Bond resolution; tax levy.
The resolution authorizing
such bonds shall provide for the levy and collection of a direct annual tax
upon all the taxable property in said county sufficient to pay the
principal thereof and interest on such bonds as the same respectively falls
due, which tax for payment of such principal and interest shall be in
addition to the maximum rate of taxation for all other county purposes now
or hereafter permitted by the statutes of this state, and a certified copy
of such bond resolution shall be filed with the county clerk of such county
and it shall be the duty of such county clerk annually when extending taxes
of said county levied for county purposes to extend taxes sufficient for
the purpose of paying the principal of and interest on the bonds therein
authorized as directed in and by said resolution, which tax so extended by
such county clerk shall not be subject to any statutory limitation as to
rate or amount and shall be in addition to the statutory maximum rate of
taxation for all other county purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-15003) (from Ch. 34, par. 6-15003)
Sec. 6-15003.
Validity of claims or judgments funded by bonds.
The holder of any such bonds shall not be obligated to inquire into
the validity of the claims or judgments funded thereby but shall be
entitled to rely upon the proceedings taken pursuant to the provisions of
this Division with respect thereto as establishing the validity
of such claims or judgments so funded, and the power to issue such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-16 heading) Division 6-16.
Bonds to Pay Certain Judgments -
Counties under 500,000 Population
|
(55 ILCS 5/6-16001) (from Ch. 34, par. 6-16001)
Sec. 6-16001.
Judgments rendered prior to May 1, 1961.
The County
Board of any County having a population of less than 500,000 inhabitants,
by resolution may authorize the issuance of funding bonds not to exceed
$225,000 to fund any judgment or judgments which have been rendered prior
to May 1, 1961, against said County for indebtedness duly audited and
allowed prior to August 21, 1961, and which are unpaid, and to pay which no
funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract), place
of payment, and may provide that the bonds may
be registerable as to principal and other details necessary and incident to
the legal issuance thereof. Said resolution shall also authorize and direct
the levy of an annual tax against the taxable property of said County
sufficient to pay the interest and principal of said bonds as it matures,
in accordance with the provisions of said resolution, which tax shall be
included within the rate limitation prescribed for county corporate
purposes, and shall not be in addition thereto and in excess thereof. Such
tax shall be extended at the same time and in the same manner as other
taxes levied for county purposes, except that if a general reduction in
levies is required to keep the maximum for corporate purposes within the
statutory rate limitation the tax levy provided for herein shall not be
reduced. Said tax shall be collected in the same manner as is provided for
the collection of other taxes, and when collected shall be paid into the
county treasury to the credit of the "Judgment Funding Fund," and used for
the payment of the bonds and interest herein authorized.
The bonds shall be sold to the highest and best responsible bidder
therefor. Notice of the time and place bids will be publicly opened shall
be given by publication in a newspaper having general circulation in the
county issuing such bonds, one each week for 3 successive weeks, the last
publication to be at least one week prior to the time specified in the
notice for the opening of bids.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Section or "An Act
to authorize counties having a population of less than 500,000 to issue
funding bonds to pay judgments rendered against such counties prior to May
1, 1961, and providing for a tax levy for their payment", approved August
21, 1961, that may appear to be or to have been more restrictive than those
Acts, (ii) that the provisions of this Section or its predecessor are not a
limitation on the supplementary authority granted by the Omnibus Bond Acts,
and (iii) that instruments issued under this Section or its predecessor
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Section or "An Act to authorize
counties having a population of less than 500,000 to issue funding bonds to
pay judgments rendered against such counties prior to May 1, 1961, and
providing for a tax levy for their payment", approved August 21, 1961, that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-16002) (from Ch. 34, par. 6-16002)
Sec. 6-16002.
Judgments rendered prior to January 1, 1964.
The
County Board of any County having a population of less than
500,000 inhabitants, by resolution may authorize the issuance of funding
bonds not to exceed $1,400,000 to fund any judgment or judgments which have
been rendered prior to January 1, 1964, against said County, and which are
unpaid, and to pay which no funds are available.
The resolution authorizing the issuance of the funding bonds herein
authorized shall prescribe the date, maturity, rate of interest (which
shall not exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract), place of
payment, and may provide that the bonds may
be registerable as to principal and other details necessary and incident to
the legal issuance thereof. Said resolution shall also authorize and direct
the levy of an annual tax against the taxable property of said County
sufficient to pay the interest and principal of said bonds as it matures,
in accordance with the provisions of said resolution, which tax shall be
included within the rate limitation prescribed for county corporate
purposes, and shall not be in addition thereto and in excess thereof. Such
tax shall be extended at the same time and in the same manner as other
taxes levied for county purposes, except that if a general reduction in
levies is required to keep the maximum for corporate purposes within the
statutory rate limitation the tax levy provided for herein shall not be
reduced. Said tax shall be collected in the same manner as is provided for
the collection of other taxes, and when collected shall be paid into the
county treasury to the credit of the "Judgment Funding Fund," and used for
the payment of the bonds and interest herein authorized.
The bonds shall be sold to the highest and best responsible bidder
therefor. Notice of the time and place bids will be publicly opened shall
be given by publication in a newspaper having general circulation in the
county issuing such bonds, once each week for 3 successive weeks, the last
publication to be at least one week prior to the time specified in the
notice for the opening of bids.
The validity of any funding bonds hereby authorized to be issued shall
remain unimpaired, although one or more of the officers executing the same
shall cease to be such officer or officers before delivery thereof.
Because the bonds herein authorized may be issued only for the purpose
of funding valid judgments theretofore rendered against the County by
courts of record, the question of the issuance thereof need not be
submitted to the legal voters of the County for approval.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Section or "An Act
to authorize the County Board of any County having a population of less
than 500,000 inhabitants, to issue funding bonds to pay judgments rendered
against such counties prior to January 1, 1964, and providing for a tax
levy for their payment", approved August 13, 1963, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Section or "An Act to authorize the County
Board of any County having a population of less than 500,000 inhabitants,
to issue funding bonds to pay judgments rendered against such counties
prior to January 1, 1964, and providing for a tax levy for their payment",
approved August 13, 1963, that may appear to be or to have been more
restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/Div. 6-17 heading) Division 6-17.
Bonds to Pay Judgments -
Counties over 500,000 Population
|
(55 ILCS 5/6-17001) (from Ch. 34, par. 6-17001)
Sec. 6-17001.
Judgments rendered prior to August 7, 1947.
In all cases where any county having a population of 500,000 or more
inhabitants has incurred indebtedness prior to August 7, 1947 for proper
county purposes, such indebtedness being evidenced by judgments rendered
prior to August 7, 1947 against such county,
such county may issue negotiable coupon bonds in such an amount not
exceeding $3,000,000 as is necessary for the purpose of paying same, and
may levy taxes upon all the taxable property in such county sufficient to
pay the principal of such bonds at maturity and to pay the interest
thereon, as it falls due, within the constitutional limitation of 75 cents
per $100 of valuation, without submitting the question of issuing such
bonds and levying such taxes to a vote of the people of such county. Such
bonds shall bear interest at a rate of not to exceed five per centum per
annum and the maturity thereof shall be determined by the county board
within twenty years from their date and such bonds shall be authorized by
resolution adopted by the county board prescribing all details of issue and
determining the amount of unpaid indebtedness incurred for proper county
purposes evidenced by judgments, which finding shall be conclusive as to
the amount and validity thereof.
Such bonds shall be sold for not less than their par value upon sealed
bids. The County Board shall from time to time as bonds are to be sold,
advertise in a daily newspaper of general circulation of such county for
proposals to purchase such bonds, at least ten days prior to the opening of
the bids. The County Board may reserve the right to reject any and all
bids. The judgments shall be satisfied and released simultaneously upon the
delivery of the bonds, and proper records shall be made showing such
payment and satisfaction thereof. Such payments may be made without any
prior appropriation therefor under any budget law.
Such bonds and coupons shall be payable in lawful money of the United
States of America at such place or places as may be fixed in the resolution
authorizing same and shall be signed in the manner and by the officials
directed by such resolution and such bonds may be issued in an amount,
including existing indebtedness, not to exceed the constitutional
limitation as to debt notwithstanding any statutory debt limitation to the
contrary.
The validity of any bonds hereby authorized to be issued shall remain
unimpaired although one or more of the officials executing such bonds shall
cease to be such officer or officers before the date of delivery thereof.
(Source: P.A. 86-962.)
|
(55 ILCS 5/6-17002) (from Ch. 34, par. 6-17002)
Sec. 6-17002.
Bond resolution; tax levy.
The
resolution authorizing such bonds shall provide for the levy
and collection of a direct annual tax upon all the taxable property in said
county sufficient to pay the principal thereof and interest on such bonds
as the same respectively falls due, which tax for payment of such principal
and interest shall be in addition to the maximum rate of taxation for all
other county purposes now or hereafter permitted by the statutes of this
state, and a certified copy of such bond resolution shall be filed with the
county clerk of such county and it shall be the duty of such county clerk
annually when extending taxes of said county levied for county purposes to
extend taxes sufficient for the purpose of paying the principal of and
interest on the bonds therein authorized as directed in and by said
resolution, which tax so extended by such county clerk shall not be subject
to any statutory limitation as to rate or amount and shall be in addition
to the statutory maximum rate of taxation for all other county purposes.
(Source: P.A. 86-962.)
|
(55 ILCS 5/6-17003) (from Ch. 34, par. 6-17003)
Sec. 6-17003.
Bondholder's rights.
The holder of
any such bonds shall not be obligated to inquire into
the validity of the judgment funded thereby but shall be entitled to rely
upon the proceedings taken pursuant to the provisions of this Division
with respect thereto as establishing the validity of such judgments
so funded, and the power to issue such bonds.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-18 heading) Division 6-18.
Bonds for Medical
Services and Law Enforcement
|
(55 ILCS 5/6-18001) (from Ch. 34, par. 6-18001)
Sec. 6-18001.
Bonds for medical services and law enforcement.
For the purpose of improving hospital, medical, and health services and
for improving law enforcement, any county with a population of 1,000,000 or
more inhabitants may, prior to December 1, 1970, by resolution of its
County Board, incur an indebtedness and issue bonds therefor in amounts not
exceeding in the aggregate of $12,000,000. Such bonds shall bear interest
at a rate of not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and shall mature within 20 years from the date thereof. The resolution
authorizing this issuance of bonds may be made effective without the
submission thereof to the voters of the county for approval.
The resolution authorizing such bonds shall provide for the levy of a
direct annual tax upon all the taxable property in the county sufficient to
pay and discharge the principal of such bonds at maturity and to pay the
interest thereon as it falls due. This tax shall be levied with the general
taxes of the county and shall be in addition to the maximum of all other
taxes and tax rates which the county is or may be authorized to levy.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 or "An Act to
revise the law in relation to counties", approved March 31, 1874, that may
appear to be or to have been more restrictive than those Acts, (ii) that
the provisions of this Section or its predecessor are not a limitation on
the supplementary authority granted by the Omnibus Bond Acts, and (iii)
that instruments issued under this Section or its predecessor within the
supplementary authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act or "An Act to revise the law in
relation to counties", approved March 31, 1874, that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/Div. 6-19 heading) Division 6-19.
Appropriations for Farmers' Institutes
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(55 ILCS 5/6-19001) (from Ch. 34, par. 6-19001)
Sec. 6-19001.
Appropriation; purpose.
The county board may
appropriate not more than $300 per annum for use of county farmers'
institutes in their efforts to promote the adoption of the latest approved
methods of crop production, the improvement of live stock, the conservation
of soil fertility, and the improvement of agricultural conditions generally.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-20 heading) Division 6-20.
Appropriations for Soil and Crop Improvement
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(55 ILCS 5/6-20001) (from Ch. 34, par. 6-20001)
Sec. 6-20001.
Appropriation; purpose.
The county boards of the
several counties of this State are hereby authorized and empowered to
make appropriations to and for the use of county soil and crop improvement
associations and home improvement associations, or any other like
associations organized for the improvement of general agricultural or
home conditions, annually, which is hereby declared to be for county
purposes, and to be paid to the treasurer of such association as soon as
the annual taxes shall have been collected in like manner as all other
expenditures are authorized and expended by said boards.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-20002) (from Ch. 34, par. 6-20002)
Sec. 6-20002.
Statement of expenditures.
It shall be the duty of the
treasurer of such association receiving said money to prepare at least
annually a complete and detailed statement or report of the manner in which
said money shall have been expended, which said statement shall be signed
by the president of said association, attested by its secretary, and sealed
with its seal, if it have one, and file said report with the said county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-21 heading) Division 6-21.
Appropriations and Taxes for County Fairs
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(55 ILCS 5/6-21001) (from Ch. 34, par. 6-21001)
Sec. 6-21001.
Appropriation; purpose.
The county board may
appropriate not more than $300 per annum to be used for educational or
agricultural exhibits at the county fair held in its county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-21002) (from Ch. 34, par. 6-21002)
Sec. 6-21002.
Tax for county fair purposes.
Whenever a petition
signed by 100 taxpayers of any county is presented to the county board of
such county of less than 1,000,000 population requesting the submission of
a proposition whether or not, an annual tax of not to exceed .05 per cent
of the value, as equalized or assessed by the Department of Revenue, of all
taxable property in such county shall be levied upon all the taxable
property of such county for the purpose of creating and maintaining a fund
for county fair purposes, such county board shall adopt a resolution for
the submission of such proposition at the next regular election held in
such county. The county board shall certify the resolution and the
proposition to the proper election officials, who shall submit the
proposition at said election in accordance with the general election law.
The foregoing limitations upon tax rates may be increased or decreased
under the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-21003) (from Ch. 34, par. 6-21003)
Sec. 6-21003.
Referendum.
Upon the adoption of such resolution and
the certification thereof to the county clerk of such county such
proposition shall be submitted at the next regular election held in such
county.
Such proposition shall be in substantially the following form:
Shall an annual tax of notto exceed .05 per cent be YESlevied in ...... county for county fair purposes in such NOcounty?
If a majority of the legal voters of such county voting on such
proposition vote in favor thereof, such proposition shall be deemed
adopted.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-21004) (from Ch. 34, par. 6-21004)
Sec. 6-21004.
Tax levy.
Upon the adoption of such proposition the
county board shall cause an annual tax of not to exceed .05% of value, as
equalized or assessed by the Department of Revenue, of all taxable property
of such county to be levied upon all the taxable property in such county
for county fair purposes therein. Such tax shall be in addition to all
other taxes authorized by law to be levied and collected in such county and
shall be in addition to the maximum of taxes authorized by law for county
purposes. The foregoing limitations upon tax rates may be increased or
decreased according to the referendum provisions of the General Revenue Law of Illinois.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-21005) (from Ch. 34, par. 6-21005)
Sec. 6-21005.
County fair fund.
The proceeds of
the tax herein authorized shall be paid into the
county treasury in a fund to be known as the county fair fund. Such fund
may be used by the county board for the maintenance and repair of the
property and buildings of a county fair selected by such county board as
the county fair of such county, in the acquisition of property for such
county fair and for the retirement of the indebtedness of such county fair.
Such fund shall be expended in the same manner and subject to the same
requirements as other county expenditures.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-21006) (from Ch. 34, par. 6-21006)
Sec. 6-21006.
Discontinuance of tax.
Upon a petition signed by one
hundred taxpayers of a county which has authorized a tax for county fair
purposes under the provisions of this Division, being presented to the
county board of such county, requesting a
proposition whether or not the tax for county fair purposes which has been
so authorized in such county be discontinued, the county board shall adopt
a resolution providing for the submission of such proposition to the voters
of such county in a similar manner as is hereinabove provided for the
submission of the proposition for the levy of such tax.
If a majority of the voters of such county, voting upon such proposition
are in favor thereof such proposition shall be deemed adopted and such tax
be discontinued in such county. In case any funds remain to the credit of
the county fair fund, after such a tax has been discontinued, and the
county fair in such county has also been discontinued and no outstanding
indebtedness exists against such county fair, such remaining funds shall be
paid into the general fund for county purposes in the county treasury.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-22 heading) Division 6-22.
Appropriations for Poultry Exhibits
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(55 ILCS 5/6-22001) (from Ch. 34, par. 6-22001)
Sec. 6-22001.
Appropriation; purpose.
The county board may
appropriate not more than $500 per annum for county exhibitions of poultry
for use by societies organized for that purpose in their efforts to promote
the adoption of the latest approved methods of propagating the different
breeds of poultry and of increasing the poultry industry.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-23 heading) Division 6-23.
Tax for County Historical Museum
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(55 ILCS 5/6-23001) (from Ch. 34, par. 6-23001)
Sec. 6-23001.
Tax authorization.
Any county, having less than
2,000,000 inhabitants, may levy and collect a direct annual tax not
exceeding .002% of value upon all the taxable property in such county, as
equalized or assessed by the Department of Revenue, sufficient to pay the
cost of maintaining any historical museum which may be owned or operated by
that county. The amount of annual tax may be increased to an amount not
exceeding .004% of the value of all taxable property as equalized or
assessed by the Department of Revenue if the proposition for such tax rate
increase has been submitted to the electors of that county and approved by
a majority of those voting on the question. The election authorized by
this Section shall be conducted in accordance with the general election law
except that it may be held only at the same time as a primary or general
election at which Representatives of the General Assembly are
nominated or elected. The rate of tax authorized by this Division shall
not be included within any limitation of rate for general purposes as may
now or hereafter be provided by statute.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-24 heading) Division 6-24.
Cook County Appropriations
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(55 ILCS 5/6-24001) (from Ch. 34, par. 6-24001)
Sec. 6-24001.
Annual appropriation bill.
The board of
commissioners of Cook County shall, within the first quarter of
each fiscal year adopt a resolution, to be termed the annual appropriation
bill, in and by which resolution said board shall appropriate such sums of
money as may be necessary to defray all necessary expenses and liabilities
of said Cook County, to be by said county paid or incurred during and until
the time of the adoption of the next annual appropriation bill under this
section: Provided, that said board shall not expend any money or incur any
indebtedness or liability on behalf of said county in excess of the
percentage and several amounts now limited by law, and based on the limit
prescribed in the Constitution, when applied to the last previous
assessment. For the year 1931 and each year thereafter, such appropriation
bill shall set forth estimates, by classes, of all current assets and
liabilities of each fund of such county, as of the beginning of said fiscal
year, and the amounts of such assets available for appropriation in such
year, either for expenditures or charges to be made or incurred during such
year or for liabilities unpaid at the beginning thereof. Such board by
resolution may create, set apart and maintain an imprest cash fund for
monies which have been advanced by such county for state programs pursuant
to law prior to reimbursement by the state for expenses incurred by such
county. The monies shown as the balance in such fund in such appropriation
bill shall not be considered to be available for appropriation. Estimates
of taxes to be received from the levies of prior years shall be net, after
deducting amounts estimated to be sufficient to cover the loss and cost of
collecting such taxes and also the amounts of such taxes for the nonpayment
of which real estate has been or shall be forfeited to the State and
abatements in the amount of such taxes extended or to be extended upon the
collectors' books. Estimates of the liabilities of the respective funds
shall include (a) all final judgments, including accrued interest thereon,
entered against such county and unpaid at the beginning of such fiscal
year, (b) the principal of all anticipation tax warrants and all temporary
loans and all accrued interest thereon unpaid at the beginning of such
fiscal year, (c) the principal of all notes issued in anticipation of taxes
under the provisions of Division 6-2, and all accrued interest
thereon unpaid at the beginning of such fiscal year, and (d) any amount for
which the board of commissioners is required to reimburse the working cash
fund from the general corporate fund pursuant to the provisions of
Division 6-27. Such annual appropriation
bill shall also set forth detailed estimates of all taxes to be levied for
such year and of all other current revenues to be derived from sources
other than such taxes, including any funds authorized by Division 6-6 and
any funds made available under Section 5-701.10 of the "Illinois Highway
Code", approved July 8, 1959, as amended, which will be applicable to
expenditure or charges to be made or incurred during such year. No estimate
of taxes to be levied for general corporate purposes, or for any other
purpose, except for the payment of bonded indebtedness or interest thereon,
and except for pension fund purposes or working cash fund purposes, shall
exceed a sum equivalent to the product of the value of the taxable property
in such county, as ascertained by the last assessment for state and county
taxes previous to the passage of such annual appropriation bill, multiplied
by the maximum per cent or rate of tax which such county is authorized by
law to levy for said current fiscal year for any such purpose or purposes
with reference to which such estimate is made. All such estimates shall be
so segregated and classified as to funds and in such other manner as to
give effect to the requirements of law relating to the respective purposes
to which said assets and taxes and other current revenues are applicable,
to the end that no expenditure shall be authorized or made for any purpose
in excess of funds lawfully available therefor, including any funds
authorized by Division 6-6 and any funds made available under Section 5-701.10
of the "Illinois Highway Code," approved July 8, 1959, as amended.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24002) (from Ch. 34, par. 6-24002)
Sec. 6-24002.
Budget estimates; arrangement of appropriations.
Budget estimates shall be prepared and appropriations shall be
made in a manner that reflects the utilization of program, performance and
cost effectiveness principles, and budget estimates shall include
statements of the amounts and sources of all anticipated revenues including
those from Federal, State, other governments, and all other sources.
Appropriations shall be arranged according to funds and programs and
sub-activities and also according to departments and other offices and
agencies of the County. Such annual appropriation bill shall specify the
objects and purposes for which appropriations are made and the amount
appropriated for each object or purpose and shall include appropriations
for (a) all current expenditures or charges to be made or incurred during
such fiscal year, including interest to accrue on anticipation tax warrants
and notes and temporary loans; (b) all final judgments, including accrued
interest thereon, entered against such county and unpaid at the beginning
of such fiscal year; (c) any amount for which the board of commissioners of
such county is required to reimburse the working cash fund from the general
corporate fund pursuant to the provisions of Division 6-27; (d) all
other liabilities including the principal of all anticipation tax warrants
and notes and all temporary loans and accrued interest thereon, incurred
during prior years and unpaid at the beginning of such fiscal year; and (e)
an amount or amounts estimated to be sufficient to cover the loss and cost
of collecting taxes to be levied for such fiscal year and also the amounts
of taxes so levied for the nonpayment of which real estate shall be
forfeited to the State and abatements in the amounts of such taxes as
extended upon the collectors' books.
The objects and purposes for which appropriations shall be made are
classified and standardized by the following items, and by such items shall
be designated in the budget documents and the annual appropriations
ordinances: (1) personal services, (2) non-personal expenses, (3) equipment
outlays or contracts, (4) land and permanent improvements, (5)
contingencies. Contingencies shall be for subsequent transfer, if
necessary, to purposes or objects to cover only expenditures required that
could not reasonably have been foreseen and provided for at the time of the
enactment of the appropriation ordinance. The amount of any such
contingency items for each separate fund shall in no case exceed 3% of the
total annual appropriations of such fund. Contingencies appropriations
shall be by funds. Land and permanent improvements shall include the fiscal
year's portion of the county's long-range capital improvement plan, or so
much thereof as is to be appropriated therefor from all funds, regardless
of source appropriated by the county board.
In addition to amounts provided for in this Section, (1) an unreserved
fund balance may be carried to provide adequate support for the county's
bond ratings and protection against unanticipated revenue shortfalls, and
(2) a self insurance fund may be provided to satisfy claims for which the
county may be liable.
(Source: P.A. 86-962; 87-1192.)
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(55 ILCS 5/6-24003) (from Ch. 34, par. 6-24003)
Sec. 6-24003.
Units of appropriation.
Budget estimates
shall consist of proposed units of appropriation, each unit
to represent the amount estimated for a particular program,
sub-activity, and agency or department, and separate totals
shall be stated under each. Each requested unit of appropriation
shall be supported by line detail showing how the total amount of
such unit is arrived at and by both the measurable work to be
accomplished and the part attributable to administration and
overhead and to service activities.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24004) (from Ch. 34, par. 6-24004)
Sec. 6-24004.
Executive budget; annual appropriation ordinance.
The
president shall submit to the committee on finance an executive budget as
prepared by the budget director of the county and approved by the
president. The executive budget shall provide the basis upon which the
annual appropriation ordinance is prepared and enacted.
After considering the executive budget submitted by the president, the
committee on finance shall prepare an annual appropriation ordinance in
tentative form, which in such tentative form shall be made conveniently
available to public inspection for at least ten days prior to final action
thereon, by publication in the journal of the proceedings of such board of
commissioners or in such other form as such board may prescribe; and not
less than one week after the publication of such tentative appropriation
bill and prior to final action thereon, such committee on finance shall
hold at least one public hearing thereon, notice of which shall be given by
publication in a newspaper having general circulation in such county at
least one week prior to the time of such hearing. It shall be the duty of
such committee on finance to prepare such tentative appropriation bill and
make it so available to public inspection and also to arrange for and hold
such public hearing or hearings.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24005) (from Ch. 34, par. 6-24005)
Sec. 6-24005.
Revision of items.
Subsequent to such public hearing,
or hearings, and before final action on such appropriation bill, the board
of commissioners may revise, alter, increase, or decrease the items
contained therein as prepared in such tentative form, but the aggregate
amount finally appropriated by such appropriation bill, including any
subsequent amendment thereof, from any fund or for any purpose, including
amounts appropriated for judgments and all other unpaid liabilities and all
other purposes for which the board is herein or otherwise by law required
to appropriate, shall not exceed the aggregate amount available in such
fund or for such purpose, as shown by the estimates of the available assets
thereof at the beginning of such fiscal year and of taxes and other current
revenues set forth in the appropriation bill. If the appropriations from
any fund as set forth in such appropriation bill as finally adopted exceed
in the aggregate the maximum amount which such board is herein authorized
to appropriate therefrom, all appropriations made from such fund by such
appropriation bill shall be void and the several amounts appropriated for
current operation and maintenance expenses in the appropriation bill of the
last preceding fiscal year shall be deemed to be appropriated for the
current fiscal year for objects and purposes, respectively, as specified in
such last appropriation bill and the several amounts so appropriated shall
constitute lawful appropriations upon which taxes for the current fiscal
year may be levied pursuant to the provisions of this Code.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24006) (from Ch. 34, par. 6-24006)
Sec. 6-24006.
Appropriation to pay for publication of assessments.
If the Legislature shall by law provide, or shall at any time
appear to have by law provided, for the publication of the assessment of
real or personal property, or both, to be paid for out of the county
treasury, then said board of commissioners shall in each year, while such
publication is required, make due provision for the cost thereof by
sufficient appropriation in such resolution, which said appropriation shall
take precedence over all the other appropriations contained in such
resolution, excepting the provision for principal and interest of county
indebtedness, the ordinary, current salaries of county officials and
employees, the maintenance of county property and institutions (including
courts and juries), dieting occupants of the jails, prisons, hospitals and
industrial schools, and the cost of elections required by law. Such
appropriations shall take precedence of any appropriation for contingent
fund or building fund; and if the tax actually collected in any such year
shall be less than the total amount of the appropriations contained in said
resolution, the items of appropriation following in such resolution after
such appropriation for publishing assessments, in the order herein
directed, shall be first abated, before the appropriation for such
publication of tax assessments shall be reduced. The vote of said board of
commissioners upon said appropriation bill shall be taken by yeas and nays,
and the same shall be entered upon the journal. Such appropriation bill
shall not take effect until after it shall have been once published in a
newspaper published in Chicago, and said board shall provide for and cause
said appropriation bill to be published as aforesaid.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24007) (from Ch. 34, par. 6-24007)
Sec. 6-24007.
Amendment of appropriation bill; monthly schedule
for year of proposed expenditure. Such annual appropriation bill may
be amended at the next meeting of the board of commissioners, occurring not
less than five days after the passage thereof, in like manner as other
resolutions appropriating money. Such ordinance, as originally passed or as
subsequently amended, may also be amended, at any meeting of the board of
commissioners held not more than 15 days after the first meeting of such
board of commissioners occurring not less than 5 days after the passage of
such annual appropriation bill, by repealing or reducing the amount of any
item or items of appropriation contained therein. The board of
commissioners has the power, by a two-thirds vote of all members of such
body, to make transfers within any fund, department or other office or
agency of the county, of sums of money appropriated for one corporate
object or purpose to another corporate object or purpose, but no
appropriation for any object or purpose shall thereby be reduced below an
amount sufficient to cover all obligations incurred against such
appropriation.
For purposes of controlling expenditures, the expenditure of or
incurring of obligations against any appropriation may be delayed,
restricted, or terminated with regard to any object or purpose for which
appropriations were made in the appropriation bill or resolution. A monthly
schedule for the year of proposed expenditure, including any limitations or
conditions against appropriations for each program, subactivity, and the
agency or department, shall be made within 30 days of the adoption of the
annual appropriation bill, and such schedule, as amended by the President
of the County Board, shall be binding upon all officers, agencies, and
departments, and such schedule of expenditure or of incurring obligations
may not be exceeded, provided that any such schedule may be revised after
three calendar months have elapsed since the last schedule.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24008) (from Ch. 34, par. 6-24008)
Sec. 6-24008.
Limitations.
After the adoption of such
appropriation bill or resolution, the
said board of commissioners shall not make any further or other
appropriations prior to the adoption or passage of the next succeeding
annual appropriation bill, and the said board of commissioners shall have
no power, either directly or indirectly, to make any contract or to do any
act which shall add to the county expenditure or liabilities in any year,
anything or sum over and above the amount provided for in the annual
appropriation bill for that fiscal year. No contract shall hereafter be
made, or expense or liability incurred by the said board of commissioners,
or any member or committee thereof, or by any person or persons, for or in
its behalf, notwithstanding the expenditure may have been ordered by the
said board of commissioners, unless an appropriation therefor shall have
been previously made by said board in manner aforesaid. Neither said board,
nor any member or committee thereof, nor any officer of the county, nor any
person holding any office, trust or employment under such board of
commissioners of such county, shall, during a fiscal year, expend or
contract to be expended any money, or incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money for any
of the purposes for which provision is made in the annual appropriation
bill in excess of the amounts appropriated in said appropriation bill.
Provided, however, that the board of commissioners may lease from any
Public Building Commission created pursuant to the provisions of the Public
Building Commission Act, approved July 5, 1955, as now or hereafter
amended, any real or personal property for county purposes for any period
of time not exceeding 20 years, and such lease may be made and the
obligation or expense thereunder incurred without making a previous
appropriation therefor except as otherwise provided in Section 5-1108.
Any contract, verbal or written, made in violation of this Section shall be
null and void as to said county, and no moneys belonging to that county
shall be paid thereon; provided, however, that nothing herein contained
shall prevent the making of lawful contracts for the construction of
buildings, the term of which contracts may be for periods of more than one
year. Provided, however, that nothing herein contained shall prevent the
board of commissioners, by a concurring vote of four-fifths of all the
commissioners (said vote to be taken by yeas and nays and entered upon the
journal), for making any expenditure or incurring any liability rendered
necessary, by any unforeseen casualty by fire, flood or otherwise,
happening after the annual appropriation bill shall have been passed or
adopted. Nor shall anything herein contained be construed to deprive the
board of power to provide for and cause to be paid from the county funds
any charge upon said county imposed by law, without the action of the board
of commissioners, including fixed salaries of officers or employees
required by law to be paid from the county treasury, and to pay jurors'
fees and other charges fixed by law.
Notwithstanding the foregoing provisions of this Section or Section
6-24001, the board of commissioners may, during the fiscal year 1969, adopt
a supplemental appropriation bill or resolution in an amount not in excess
of any additional revenue available to the county, or estimated to be
received by the county, subsequent to the adoption of the annual
appropriation bill or resolution for that fiscal year, for any proper
corporate purpose. Such supplemental appropriation bill or resolution shall
only affect revenue that was not available for appropriation when the
annual appropriation bill or resolution was adopted, and the provisions of
Section 6-24004 relating to publication, notice and public hearing shall not
be applicable to such supplemental appropriation bill or resolution or to
the budget document forming the basis thereof.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-24009) (from Ch. 34, par. 6-24009)
Sec. 6-24009.
Violation.
Any member of the board of commissioners or any officer of the county,
or any person holding any office, trust or employment under such board of
commissioners or such county, who shall be guilty of the wilful violation
of any of the provisions of Section 6-24008, shall be guilty of a business
offense and shall be fined not exceeding $10,000 and shall forfeit his
right to his office, trust or employment and shall be removed therefrom.
Any such member, officer, employee or person shall be liable for the amount
of any loss or damage suffered by such county resulting from any act of his
in violation of the terms of Section 6-24008, to be recovered by such
county, or by any taxpayer in the name and for the benefit of such county,
in an appropriate action, provided, that such taxpayer shall file a
bond for all costs, and be liable for all costs taxed against the county in
such suit, and judgment shall be rendered accordingly.
Nothing herein shall bar any other remedies.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-25 heading) Division 6-25.
Validation of Certain
Appropriation Bills and Tax Levy Ordinances
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(55 ILCS 5/6-25001) (from Ch. 34, par. 6-25001)
Sec. 6-25001.
Validation of tax levy ordinances.
In all cases where
the board of county commissioners of any county having a population of
1,000,000 or more inhabitants at legally convened meetings held within the
first quarter of the fiscal years 1966, 1967, 1968, 1969, 1970, 1971, 1972,
1973, 1974, 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984,
1985, 1986, 1987, 1988, 1989, 1990, and 1991 has adopted annual appropriation
bills for such fiscal years and thereafter such appropriation bills were
published in a newspaper as provided by law, and subsequently at legally
convened meetings held in such fiscal years within the time required by
law, said board of county commissioners adopted tax levy ordinances based
on such appropriation bills for county corporate, highway, civic center
rental, public assistance, law library, rabies control, motor fuel tax,
employees' annuity and benefit fund and hospital purposes, and certified
copies of such tax levy ordinances thereafter were duly filed with the
county clerk of said county, then such appropriation bills and tax levy
ordinances, and the taxes assessed, levied, and extended thereon, are
hereby validated, notwithstanding that the several amounts and purposes for
which such appropriations were made and taxes levied for such county
corporate, highway, civic center rental, public assistance, law library,
rabies control, motor fuel tax, employees' annuity and benefit fund and
hospital purposes, were not specifically itemized in detail as required by
statute, and notwithstanding that in said appropriation bills or tax levy
ordinances stated amounts of money are appropriated and levied for named
public purposes using general language that renders the amounts for such
purposes uncertain and illegal or the purposes for which the amounts are
appropriated and levied uncertain and illegal.
Provided, however, that nothing herein contained shall be construed as
validating any tax levy in excess of the statutory rate of taxation
authorized for such fiscal years or for any purposes not permitted by
the constitution.
(Source: P.A. 86-962; 86-1028; 86-1252; 87-508; 87-1128.)
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(55 ILCS 5/Div. 6-26 heading) Division 6-26.
Extension of Tax to Pay
Principal and Interest on Certain Bonds
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(55 ILCS 5/6-26001) (from Ch. 34, par. 6-26001)
Sec. 6-26001.
Extension of tax authorized.
Where in any county in this State bonds of any such county
and the levy of an additional tax in excess of the statutory limit but
within the constitutional limit for payment of such bonds have been
authorized for any proper county purpose to enable the county board to
perform any of the duties imposed upon them by law by a majority of the
legal voters voting on the question of issuing such bonds and levying
such additional tax at an election held since November 1, 1947, and
subsequently resolutions have been adopted authorizing such bonds as
voted and levying direct annual taxes sufficient to pay the principal of
and interest upon said bonds and a certified copy of such resolutions
have been filed in the office of the county clerk of said county, and
due to the increase in interest rates on public borrowings in the
financial markets of the country since such election, such voted
additional tax is not sufficient to pay the principal of such bonds and
interest thereon, the county clerk of any such county is authorized
hereafter to extend for collection a tax upon all the taxable property
therein, in addition to such voted additional tax, at a rate on the one
hundred dollar valuation which, when extended, will produce an amount
sufficient to pay the principal of and interest upon said bonds as
authorized and levied in said bond resolutions, provided such additional
tax shall not be in excess of the constitutional limit of taxation
applicable to counties.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-27 heading) Division 6-27.
Working Cash Funds - Counties
over 500,000 Population
|
(55 ILCS 5/6-27001) (from Ch. 34, par. 6-27001)
Sec. 6-27001.
Working cash fund in counties of 500,000 or more.
In
each county in this State having a population of 500,000 or more
inhabitants a fund to be known as a working cash fund may be created, set
apart, maintained and administered in the manner prescribed in this
Division for the purpose of enabling such county to have in its treasury at
all times sufficient money to meet demands thereon for ordinary and
necessary expenditures for general corporate purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-27002) (from Ch. 34, par. 6-27002)
Sec. 6-27002.
Bond issue.
For the purpose of
creating such fund, any such county by
resolution of its county board may incur an indebtedness and issue bonds
therefor in an amount or amounts not exceeding in the aggregate $9,000,000
in addition to bonds in the amount of $11,000,000 heretofore authorized and
issued for that purpose. Such bonds shall bear interest at a rate of not
more than the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, and
shall mature within 20 years from the date
thereof. The county board may provide that the resolution or resolutions
authorizing the issue of such bonds shall be operative, effective and
valid, without the submission thereof to the voters of such county for
approval in accordance with the requirements of Section 5-1008. The
county board of such county shall, before or at the
time of issuing such bonds, provide for the collection of a direct annual
tax upon all the taxable property of such county sufficient to pay and
discharge the principal thereof at maturity and to pay the interest thereon
as it falls due.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to provide for the creation, setting aside, maintenance and administration
of a working cash fund in counties having a population of five hundred
thousand or more inhabitants", filed June 28, 1930, that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section or its predecessor are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section or its predecessor within the
supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Division
or "An Act to provide for the creation, setting aside, maintenance and
administration of a working cash fund in counties having a population of
five hundred thousand or more inhabitants", filed June 28, 1930, that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-27003) (from Ch. 34, par. 6-27003)
Sec. 6-27003.
Annual tax.
The county board of any such county shall
have the power to levy annually a tax to provide moneys for such working
cash fund at a rate not to exceed .02% of value, as equalized or assessed
by the Department of Revenue. The aggregate amount in such
working cash fund shall never exceed $20,000,000. The collection of any
such tax shall not be anticipated by the issuance of any warrants drawn
against the same. Such tax shall be levied and collected, except as
herein otherwise provided, in like manner with the general taxes of such
county. It shall be known as the working cash fund tax, and shall be in
addition to the maximum of all other taxes and tax rates which such
county is now, or may hereafter be, authorized by law to levy upon the
aggregate valuation of all taxable property within such county. The tax
may be levied by separate resolution on or before the 3rd Tuesday in
September in each year, for the purpose herein authorized, without any
appropriation thereof being made in the resolution termed the annual
appropriations bill, or otherwise.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-27004) (from Ch. 34, par. 6-27004)
Sec. 6-27004.
Purposes for which fund may be used;
reimbursement. All moneys received from the issuance of
bonds as herein authorized, or from any tax levied pursuant to the
authority granted by this Division, shall be set apart in said
working cash fund by the county treasurer and shall be used only for the
purposes and in the manner hereinafter provided. Such fund, and the moneys
therein, shall not be regarded as current assets available for
appropriation and shall not be appropriated by the county board in the
resolution termed the annual appropriations bill. The county board may
appropriate moneys to the working cash fund up to the maximum amount
allowable in the fund, and the working cash fund may receive such
appropriations and any other contributions. In order to provide moneys with
which to meet ordinary and necessary disbursements for salaries and other
corporate purposes, such fund and the moneys therein may be transferred, in
whole or in part, to the general corporate fund of the county and so
disbursed therefrom (a) in anticipation of the collection of any taxes
lawfully levied for general corporate purposes, (b) in anticipation of the
receipt of moneys to be derived from fees and commissions to be earned by
the county clerk and the county collector for extending and collecting
taxes levied, or (c) in the anticipation of such taxes, as by law now or
hereafter enacted or amended, imposed by the General Assembly of the State
of Illinois to replace revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal property
taxes, pursuant to Article IX, Section 5(c) of the Constitution of the
State of Illinois. Moneys transferred to the general corporate fund in
anticipation of the collection of taxes shall be deemed to have been
transferred in anticipation of the collection of that part of the taxes so
levied which is in excess of the amount or amounts thereof required to pay
(a) any tax anticipation warrants and the interest thereon, theretofore or
thereafter issued under the provisions of Section two (2) and three (3) of
"An Act to provide for the manner of issuing warrants upon the treasurer of
the State or of any county, township, city, village or other municipal
corporation and jurors' certificates", approved June 27, 1913, as amended, (b)
the aggregate amount of receipts from taxes imposed to replace revenue lost
by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and (c) any notes
and the interest thereon, theretofore or thereafter issued under the
provisions of Division 6-2, and such taxes levied for general corporate
purposes when collected shall be applied, first, to the payment of any such
warrant and the interest thereon, the amount estimated to be required to
satisfy debt service and pension or retirement obligations as set forth in
Section 12 of "An Act in relation to State revenue sharing with local
government entities", approved July 31, 1969, as amended, and to the
payment of any such notes and the interest thereon, and then to the
reimbursement of said working cash fund as hereinafter provided. Upon the
receipt by said county treasurer of any taxes, or other moneys, in
anticipation of the collection or receipt whereof moneys of such working
cash fund have been so transferred for disbursement, such fund shall
immediately be reimbursed therefrom until the full amount so transferred
has been re-transferred to such fund. Unless the taxes and other moneys so
received and applied to the reimbursement of the working cash fund, prior
to the close of the fiscal year following the fiscal year in which the last
tax penalty date fall due shall be sufficient to effect a complete
reimbursement of such fund for any moneys transferred therefrom in
anticipation of the collection or receipt of such taxes, or other moneys,
such working cash fund shall be reimbursed for the amount of the deficiency
therein from any other revenues accruing to said general corporate fund,
and it shall be the duty of the county board to make provision for the
immediate reimbursement of the amount of any such deficiency in its next
resolution termed the annual appropriations bill.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-27005) (from Ch. 34, par. 6-27005)
Sec. 6-27005. Transfer to general corporate fund. Moneys shall be transferred from said working cash fund to
the general corporate fund only upon the authority of the county board,
which shall from time to time by separate resolution direct the county
treasurer to make transfers of such sums as may be required for the
purposes herein authorized. Every such resolution shall set forth (a)
the taxes or other moneys in anticipation of the collection or receipt
of which such transfer is to be made and from which such working cash
fund is to be reimbursed, (b) with respect only to transfers made in
anticipation of the levy of real property taxes, the entire amount of
taxes extended or which the county board estimates will be extended, for
any year, by the county clerk upon the books of the collectors of State
and county taxes within such county, in anticipation of the collection
of all or part of which such transfer is to be made, (c) the aggregate
amount of warrants theretofore issued in anticipation of the collection
of such taxes, together with the amount of interest accrued, and/or
which the county board estimates will accrue, thereon, (d) the aggregate
amount of notes theretofore issued in anticipation of the collection of
such taxes, together with the amount of the interest accrued, and/or
which the county board estimates will accrue, thereon, (e) the
amount of moneys, which the county board estimates will be earned by the
county clerk and the county collector, respectively, as fees or
commissions for extending or collecting taxes for any year, in
anticipation of the receipt of all or part of which such transfer is to
be made, (f) the amount of such taxes, as by law now or hereafter
enacted or amended, imposed by the General Assembly of the State of
Illinois to replace revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal property
taxes, pursuant to Article IX, Section 5(c) of the Constitution of the
State of Illinois which the county board estimates will be received by
the county for any year, (g) the aggregate amount of receipts from taxes
imposed to replace revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal property
taxes, pursuant to Article IX, Section 5(c) of the Constitution of the
State of Illinois, which the corporate authorities estimate will be set
aside for the payment of the proportionate amount of debt service and
pension or retirement obligations, as required by Section 12 of "An Act in
relation to State Revenue Sharing with local government entities", approved
July 31, 1969, as amended, and (h) the aggregate amount of moneys
theretofore transferred from the working cash fund to the general corporate
fund in anticipation of the collection of such taxes or of the receipt of
such other moneys to be derived from fees or commissions or of the receipt
of such taxes, as by law now or hereafter enacted or amended, imposed by
the General Assembly of the State of Illinois to replace revenue lost by
units of local government and school districts as a result of the abolition
of ad valorem personal property taxes, pursuant to Article IX, Section 5(c)
of the Constitution of the State of Illinois. The amount which any such
resolution shall direct the county treasurer so to transfer, in
anticipation of the collection of taxes levied for any year, together with
the aggregate amount of such anticipation tax warrants and notes
theretofore drawn against such taxes and the amount of the interest
accrued, and the aggregate amount of such transfers theretofore made in
anticipation of the collection of such taxes, shall not exceed ninety (90)
per centum of the actual or estimated amount of such taxes extended or to
be extended, as set forth in such resolution. The amount which any such
resolution shall direct the county treasurer so to transfer, in
anticipation of the receipt of any moneys to be derived from fees or
commissions, or of the receipt of such taxes, as by law now or hereafter
enacted or amended, imposed by the General Assembly of the State of
Illinois to replace revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal property
taxes, pursuant to Article IX, Section 5(c) of the Constitution of the
State of Illinois together with the aggregate amount theretofore
transferred in anticipation of the receipt of any such moneys and the
amount estimated to be required to satisfy debt service and pension or
retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, shall not exceed the total amount which it is so
estimated will be received from such sources. To the extent that at any
time moneys are available in the working cash fund they shall be
transferred to the general corporate fund and disbursed for the payment of
salaries and other corporate expenses so as to avoid, whenever possible,
the issuance of anticipation tax warrants or notes.
(Source: P.A. 98-756, eff. 7-16-14.)
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(55 ILCS 5/6-27006) (from Ch. 34, par. 6-27006)
Sec. 6-27006.
Penalty.
Any member of the county board of any county
to which this Division shall be applicable, or any other person holding any
other office, trust or employment under such county, who shall be guilty of
the wilful violation of any of the provisions of this Division shall be
guilty of a business offense and shall be fined not to exceed $10,000, and
shall forfeit his right to his office, trust or employment and shall be
removed therefrom. Any such member or other person shall be liable for any
sum that may be unlawfully diverted from such working cash fund, or
otherwise used, to be recovered by such county or by any taxpayer in the
name and for the benefit of such county, in an appropriate action at law:
Provided, that such taxpayer shall file a bond for all costs, and be liable
for all costs taxed against the county in such suit, and judgment shall be
rendered accordingly. Nothing herein shall bar any other remedy.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-28 heading) Division 6-28.
County Highway Working Cash Fund
|
(55 ILCS 5/6-28001) (from Ch. 34, par. 6-28001)
Sec. 6-28001.
County highway working cash fund in counties of 500,000
or more. In each county in this State having a population of 500,000 or
more inhabitants a fund to be known as a county highway working cash fund
may be created, set apart, maintained and administered in the manner
prescribed in this Division for the purpose of enabling such county to have
in its treasury at all times sufficient money to meet demands thereon for
ordinary and necessary expenditures for county highway purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-28002) (from Ch. 34, par. 6-28002)
Sec. 6-28002.
Bond issue.
For the purpose of creating such fund any
such county by resolution of its county board may incur an indebtedness and
issue bonds therefor in an amount or amounts not exceeding in the aggregate
$1,000,000 in addition to bonds in the amount of $1,600,000 heretofore
authorized and issued for that purpose. Such bonds shall bear interest at a
rate of not more than the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract,
and shall mature within 20 years from the date
thereof. The county board may provide that the resolution or resolutions
authorizing the issue of such bonds shall be operative, effective and valid
without the submission thereof to the voters of such county by approval in
accordance with the requirements of Section 5-1008. The county
board of such county shall, before or at the time of issuing such bonds,
provide for the collection of a direct annual tax upon all the taxable
property of such county sufficient to pay and discharge the principal
thereof at maturity and to pay the interest thereon as it falls due.
With respect to instruments for the payment of money issued under this
Section or its predecessor either before, on, or after the effective date
of Public Act 86-4, 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 Division or "An Act
to provide for the creation, setting apart, maintenance and administration
of a county highway working cash fund in counties having a population of
five hundred thousand or more inhabitants, and providing for a penalty",
approved August 8, 1947, that may appear to be or to have been more
restrictive than those Acts, (ii) that the provisions of this Section or
its predecessor are not a limitation on the supplementary authority granted
by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section or its predecessor within the supplementary authority granted by
the Omnibus Bond Acts are not invalid because of any provision of this
Division or "An Act to provide for the creation, setting apart,
maintenance and administration of a county highway working cash fund in
counties having a population of five hundred thousand or more inhabitants,
and providing for a penalty", approved August 8, 1947, that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-28003) (from Ch. 34, par. 6-28003)
Sec. 6-28003.
Annual tax for highway working cash fund.
For
the purpose of providing moneys for such fund, the county board
of any such county shall also have power to levy annually, beginning with
the year 1948, and continuing for the next year upon all the taxable
property of such county a tax of not to exceed $200,000. The collection of
any such tax shall not be anticipated by the issuance of any warrants drawn
against the same. Such tax shall be levied and collected, except as herein
otherwise provided, in like manner with the general taxes of such county.
It shall be known as the county highway working cash fund tax, and shall be
within the present tax rate for highway purposes which such county is now,
or may hereafter be, authorized by law to levy upon the aggregate valuation
of all taxable property within such county. Said tax may be levied by
separate resolution on or before the third Tuesday in September in each
year, for the purpose herein authorized, without any appropriation thereof
being made in the resolution termed the annual appropriations bill, or
otherwise.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-28004) (from Ch. 34, par. 6-28004)
Sec. 6-28004.
Purpose for which proceeds of bond issue and
working cash fund may be used; transfer of funds. All
moneys received from the issuance of bonds as herein
authorized or from any tax levied pursuant to the authority granted by
this Division, shall be set apart in the county highway working cash fund by
the county treasurer and shall be used for the purposes and in the
manner hereinafter provided. Such fund, and the moneys therein, shall
not be regarded as current assets available for appropriation and shall
not be appropriated by the county board in the resolution termed the
annual appropriations bill. The county board may appropriate moneys in
the working cash fund up to the maximum amount allowable in the fund, and
the working cash fund may receive such appropriations and any other
contributions. In order to provide moneys with which to
meet ordinary and necessary disbursements for salaries and other highway
purposes, such fund and the moneys therein may be transferred, in whole
or in part, to the county highway
fund of the county and so disbursed therefrom in anticipation of the
collection of any taxes lawfully levied for county highway purposes or
in the anticipation of such taxes, as by law now or hereafter enacted or
amended, imposed by the General Assembly of the State of Illinois to
replace revenue lost by units of local government and school districts
as a result of the abolition of ad valorem personal property taxes,
pursuant to Article IX, Section 5(c) of the Constitution of the State of
Illinois. Moneys transferred to the county highway fund from the county
highway working cash fund in anticipation of the collection of taxes
shall be deemed to have been transferred in anticipation of the
collection of that part of the county highway taxes so levied or to be
received which is in excess of the amount or amounts thereof required to
pay (a) any tax anticipation warrants and the interest thereon,
theretofore or thereafter issued and (b) any notes and the interest
thereon, theretofore or thereafter issued against the county highway tax and
(c) the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended. Such taxes levied
or to be received for county highway purposes when collected shall be
applied, first to the payment of any such warrants and the interest thereon
and to the payment of any such notes and the interest thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and then to the reimbursement of said county highway
working cash fund as hereinafter provided. Upon the receipt by said
county treasurer of any taxes, or other moneys, in anticipation of the
collection or receipt whereof moneys of such county highway working cash
fund have been so transferred for disbursement, such fund shall
immediately be reimbursed therefrom until the full amount so transferred
has been retransferred to such fund. Unless the taxes and other moneys
so received and applied to the reimbursement of the county highway
working cash fund, prior to the first day of the seventh month following
the month in which due and unpaid real property taxes by law begin to
bear interest, shall be sufficient to effect a complete reimbursement of
such fund for any moneys transferred therefrom in anticipation of the
collection or receipt of such taxes, or other moneys, such county
highway working cash fund shall be reimbursed for the amount of the
deficiency therein from any other revenues accruing to said county
highway fund, and it shall be the duty of the county board to make
provision for the immediate reimbursement of the amount of any such
deficiency in its next resolution termed the annual appropriations bill.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-28005) (from Ch. 34, par. 6-28005)
Sec. 6-28005.
Transfer to county highway fund.
Moneys shall be transferred from the county highway working
cash fund to the county highway fund only upon the authority of the
county board, which shall from time to time by separate resolution
direct the county treasurer to make transfers of such sums as may be
required for the purposes herein authorized. Every such resolution shall
set forth (a) the taxes or other moneys in anticipation of the
collection or receipt of which such transfer is to be made and from
which such county highway working cash fund is to be reimbursed, (b) the
entire amount of taxes extended or which the county board estimates will
be extended or received for any year, (c) the aggregate amount of tax
anticipation warrants theretofore issued in anticipation of the
collection of such taxes, together with the amount of interest accrued,
or which the county board estimates will accrue, thereon, or both, (d)
the aggregate amount of notes theretofore issued in anticipation of the
collection of such taxes together with the amount of the interest
accrued, or which the county board estimates will accrue, thereon, or
both, (f) the aggregate amount of receipts from taxes imposed to replace
revenue lost by units of local government and school districts as a result
of the abolition of ad valorem personal property taxes, pursuant to Article
IX, Section 5(c) of the Constitution of the State of Illinois, which the
corporate authorities estimate will be set aside for the payment of the
proportionate amount of debt service and pension or retirement obligations,
as required by Section 12 of "An Act in relation to State Revenue Sharing
with local government entities", approved July 31, 1969, as amended, and
(g) the aggregate amount of moneys theretofore transferred from the county
highway working cash fund to the county highway fund in anticipation of the
collection of such taxes. The amount which any such resolution shall direct
the county treasurer so to transfer, in anticipation of the collection of
taxes levied for any year, together with the aggregate amount of such
anticipation tax warrants and notes theretofore drawn against such taxes,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and the aggregate amount of such
transfers theretofore made in anticipation of the collection of such
taxes, shall not exceed ninety (90) per centum of the actual or
estimated amount of such taxes extended or to be extended or to be
received, as set forth in such resolution. The amount which any such
resolution shall direct the county treasurer so to transfer in
anticipation of the receipt of any such moneys, shall not exceed the
total amount which it is so estimated will be received from such source.
To the extent that at any time moneys are available in the county
highway working cash fund they shall be transferred to the county
highway fund and disbursed for the payment of salaries and other county
highway expenses so as to avoid, whenever possible, the issuance of
anticipation tax warrants or notes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-28006) (from Ch. 34, par. 6-28006)
Sec. 6-28006.
Violations.
Any member of the county board of any
county to which this Division shall be applicable, or any other person
holding any other office, trust or employment under such county, who shall
be guilty of the wilful violation of any of the provisions of this Division
shall be guilty of a business offense, and shall be fined not to exceed
$10,000 and shall forfeit his right to his office, trust or employment and
shall be removed therefrom. Any such member or other person shall be
liable for any sum that may be unlawfully diverted from such county highway
working cash fund, or otherwise used, to be recovered by such county or by
any taxpayer in the name and for the benefit of such county, in an
appropriate action, provided, that such taxpayer shall file a bond for all
costs, and be liable for all costs taxed against the county in such suit,
and judgment shall be rendered accordingly. Nothing herein shall bar any
other remedies.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-29 heading) Division 6-29.
Downstate Working Cash Funds
|
(55 ILCS 5/6-29001) (from Ch. 34, par. 6-29001)
Sec. 6-29001.
Subtitle.
This Division shall be subtitled
the "Downstate County Working Cash Fund Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/6-29002) (from Ch. 34, par. 6-29002)
Sec. 6-29002.
Counties of less than 1,000,000; creation of
fund. In each county of this State having a population of less than
1,000,000 inhabitants a working cash fund may be created, set apart,
maintained and administered, in the manner prescribed in this Division, to
enable the county to have in its treasury at all times sufficient money to
meet demands for ordinary and necessary expenditures for general corporate
purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-29003) (from Ch. 34, par. 6-29003)
Sec. 6-29003.
Annual tax.
The county board of such a county may levy
an annual tax for not more than any 2 of the years 1975, 1976 and 1977 on
all the taxable property in the county at a rate not exceeding .025% of the
value, as equalized or assessed by the Department of Revenue, to provide
monies for the county working cash fund. The collection of a tax levied
under this Section may not be anticipated by the issuance of warrants drawn
against the tax.
Except as otherwise provided in this Division, the tax
authorized by this Section, to be known as the county working cash fund
tax, shall be levied and collected in like manner as the general taxes of the
county. The county working cash fund tax is in addition to the maximum of all
other taxes and tax rates which such a county by law may levy upon the
value of all taxable property within the county. The county working
cash fund tax may be levied, by separate resolution by the 3rd Tuesday
in September annually, or, for the year 1977 within 20 days of
December 3, 1977, for the purposes authorized by this Division, without any
appropriation thereof being made in the annual appropriation bill or otherwise.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-29004) (from Ch. 34, par. 6-29004)
Sec. 6-29004.
Purposes for which fund may be used; reimbursement.
All monies received from any tax levied pursuant to this Division
shall be set apart in the county working cash fund by the county
treasurer and shall be used only for the purposes and in the manner
provided in this Section and Section 6-29005. Such fund, and the monies
therein, may not be regarded as current assets available for
appropriation nor appropriated by the county board in the annual
appropriation bill. The county board may appropriate monies to the working
cash fund up to the maximum amount allowable in the fund, and the working
cash fund may receive such appropriations and any other contributions.
In order to provide monies with which to meet ordinary and necessary
disbursements for salaries and other corporate purposes, such fund and the
monies therein may be transferred, in whole or in part, to the general
corporate fund of the county and so disbursed therefrom in anticipation
of the collection of any taxes lawfully levied for general corporate
purposes or in anticipation of such taxes, as by law now or hereafter
enacted or amended, imposed by the General Assembly of the State of
Illinois to replace revenue lost by units of local government and school
districts as a result of the abolition of ad valorem personal property
taxes, pursuant to Article IX, Section 5(c) of the Constitution of the
State of Illinois and in anticipation of the receipt of monies to be
derived from fees and commissions to be earned by the county clerk and
the county collector for extending and collecting taxes levied.
Monies transferred to the general corporate fund in anticipation of
the collection of taxes shall be treated as transferred in anticipation
of the collection of that part of the taxes so levied or to be received
which is in excess of the amount or amounts thereof required to pay (a)
any warrants and the interest thereon, theretofore or thereafter issued, (b)
the aggregate amount of receipts from taxes imposed to replace revenue lost
by units of local government and school districts as a result of the abolition
of ad valorem personal property taxes, pursuant to Article IX, Section 5(c)
of the Constitution of the State of Illinois, which the corporate authorities
estimate will be set aside for the payment of the proportionate amount of
debt service and pension or retirement obligations, as required by
Section 12 of the State Revenue Sharing Act, and (c)
any notes and the interest thereon, theretofore or thereafter
issued, and such taxes levied for general corporate purposes when
collected shall be applied, first, to the payment of any such warrant or
notes and the interest thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations as set forth in Section 12 of the State Revenue
Sharing Act, and then to the reimbursement of the
working cash fund as hereinafter provided. Upon the receipt by the
county treasurer of any taxes, or other monies, in anticipation of the
collection or receipt whereof monies of the county working cash fund
have been so transferred for disbursement, such fund must immediately be
reimbursed therefrom until the full amount so transferred has been
re-transferred to such fund. Unless the taxes and other monies so
received and applied to the reimbursement of the working cash fund,
before the close of the fiscal year following the fiscal year in which
the last tax penalty date fall due, are sufficient to effect a complete
reimbursement of such fund for any monies transferred therefrom in
anticipation of the collection or receipt of such taxes, or other
monies, the working cash fund must be reimbursed for the amount of the
deficiency therein from any other revenues accruing to the general
corporate fund, and the county board shall provide for the immediate
reimbursement of the amount of any such deficiency in its next
resolution termed the annual appropriations bill.
(Source: P.A. 86-962; 86-1475.)
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(55 ILCS 5/6-29005) (from Ch. 34, par. 6-29005)
Sec. 6-29005.
Transfer and investment of monies.
Monies may be
transferred from the county working cash fund
to the general corporate fund or special tax funds only upon the
authority of the county board, which shall from time to time by separate
resolution direct the county treasurer to make transfers of such sums as
may be required for the purposes authorized by this Division. Every such
resolution must set forth (a) the taxes or other monies in anticipation
of the collection or receipt of which such transfer is to be made and
from which the working cash fund is to be reimbursed, (b) the entire
amount of taxes extended or which the county board estimates will be
extended or received, for any year in anticipation of the collection of
all or part of which such transfer is to be made, (c) the aggregate
amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes together with the amount of interest accrued or
which the county board estimates will accrue, thereon (d) the aggregate
amount of notes theretofore issued in anticipation of the collection of
such taxes, together with the amount of the interest accrued or which
the county board estimates will accrue thereon, (e) the amount of monies
which the county board estimates will be earned by the county clerk and
the county collector, respectively, as fees or commissions for extending
or collecting taxes for any year, in anticipation of the receipt of all
or part of which such transfer is to be made, (f)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and (g) the aggregate
amount of monies theretofore transferred from the working cash fund to
the general corporate fund and special tax funds in anticipation of the
collection of such taxes or the receipt of such other monies to be
derived from fees or commissions.
The amount which any such resolution directs the county treasurer to
transfer, in anticipation of the collection of taxes levied or to be
received for any year, together with (a) the aggregate amount of such
anticipation tax warrants and notes theretofore drawn against such taxes
(b) the amount of the interest accrued or estimated to accrue on such
warrants and notes, (c) the amount estimated to be required to satisfy debt
service and pension or retirement obligations, as set forth in Section 12 of
"An Act in relation to State revenue sharing with local government entities",
approved July 31, 1969, as amended, and (d) the aggregate amount of such
transfers theretofore made in anticipation of the collection of such taxes,
may not exceed 90% of the actual or estimated amount of such taxes extended
or to be extended or to be received, as set forth in the resolution. The
amount which any such resolution directs the county treasurer so to
transfer, in anticipation of the receipt of any monies to be derived
from fees or commissions, together with the aggregate amount theretofore
transferred in anticipation of the receipt of any such monies, may not
exceed the total amount which it is so estimated will be received from
those sources. To the extent that at any time monies are available in
the working cash fund they shall be transferred to the general corporate
fund and disbursed for the payment of salaries and other corporate
expenses so as to avoid, whenever possible, the issuance of anticipation
tax warrants or notes.
Temporarily idle monies in the working cash fund may be invested as
directed by the county board, and the interest earnings on such
investments may, at the option of the board, be either transferred
permanently to the general corporate or special tax funds or both or be
allowed to remain in the working cash fund. If such interest earnings
remain in the working cash fund they will serve to increase the balance
of the working cash fund available for loans.
(Source: P.A. 86-962; 86-1028.)
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(55 ILCS 5/6-29006) (from Ch. 34, par. 6-29006)
Sec. 6-29006.
Violations.
Any member of the county board of any
county to which this Division applies, or any other person holding any
other office, trust or employment under such county, who wilfully violates
this Division shall be guilty of a business offense, and shall be fined not
to exceed $10,000, and shall forfeit his right to his office, trust or
employment and shall be removed therefrom. Any such member or other person
is liable for any sum that is unlawfully diverted from the county working
cash fund, or otherwise used, to be recovered by the county or by any
taxpayer in the name and for the benefit of the county, in an appropriate
action. Such a taxpayer must, however, file a bond for all costs, and be
liable for all costs taxed against the county in suit, and judgment shall
be rendered accordingly. The remedies provided by this Section are in
addition to and not exclusive of any other remedy.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-29007) (from Ch. 34, par. 6-29007)
Sec. 6-29007.
Abatement or abolishment of fund.
If any county which
has created a working cash fund under this Division abates or abolishes
that fund, that county may not again create such a working cash fund until
at least 10 years have elapsed after the date that fund was abated or
abolished.
(Source: P.A. 86-962.)
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(55 ILCS 5/Div. 6-30 heading) Division 6-30.
State Disbursements to Counties
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(55 ILCS 5/6-30001) (from Ch. 34, par. 6-30001)
Sec. 6-30001.
Subtitle.
This Division shall be subtitled
the "State Disbursements to Counties Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/6-30002) (from Ch. 34, par. 6-30002)
Sec. 6-30002. Disbursement to county treasurer for distribution
to appropriate recipient. Notwithstanding any other provision to
the contrary, any State funds disbursed by the State, or federal funds
authorized to be disbursed by the State, to any county official of a county
with a population of less than 2,000,000, or to any county department,
agency program or entity of such county shall be disbursed only to the
county treasurer of such county for distribution by the county treasurer to
the appropriate county recipient. This Division shall not apply to funds
disbursed by a regional superintendent of schools, a regional educational
service center, or the Department of Human Services with respect to its
functions pertaining to mental health and developmental disabilities.
(Source: P.A. 103-154, eff. 6-30-23.)
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(55 ILCS 5/Div. 6-31 heading) Division 6-31.
Audits
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(55 ILCS 5/6-31001) (from Ch. 34, par. 6-31001)
Sec. 6-31001.
Subtitle.
This Division shall be subtitled
the "County Auditing Law".
(Source: P.A. 86-962.)
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(55 ILCS 5/6-31002) (from Ch. 34, par. 6-31002)
Sec. 6-31002. Definitions. As used in this Division, unless the context otherwise requires:
1. "Comptroller" means the Comptroller of the State of Illinois;
2. (Blank);
3. "Funds and accounts" means all funds of a county derived from
property taxes and all funds and accounts derived from sources other than
property taxes, including the receipts and expenditures of the fee earnings
of each county fee officer;
4. "Audit report" means the written report of the auditor or auditors and all appended statements and schedules relating thereto,
presenting or recording the findings of an examination or audit of the
financial transactions, affairs and condition of a county;
5. "Population" means the number of persons residing in a county
according to the last preceding federal decennial census; 6. "Auditor" means a licensed certified public accountant, as that term is defined in Section 0.03 of the Illinois Public Accounting Act, or the substantial equivalent of a licensed CPA, as provided under Section 5.2 of the Illinois Public Accounting Act, who performs an audit of county financial statements and records and expresses an assurance or disclaims an opinion on the audited financial statements; "auditor" does not include a county auditor elected or appointed under Division 3-1 of the Counties Code.
7. "Generally accepted accounting principles" means accounting principles generally accepted in the United States. 8. "Generally accepted auditing standards" means auditing standards generally accepted in the United States. (Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31003) (from Ch. 34, par. 6-31003)
Sec. 6-31003. Annual audits and reports. The county board of each
county shall cause an audit of all of the funds and accounts of the county
to be performed annually by an auditor or auditors chosen by the county board or by an auditor or auditors
retained by the Comptroller, as hereinafter provided. In addition, each
county shall file with the Comptroller
a financial report containing information required by the Comptroller.
Such financial report shall be on a form so designed by the Comptroller
as not to require professional accounting services for its preparation. All audits and reports to be filed with the Comptroller under this Section must be submitted electronically and the Comptroller must post the audits and reports on the Internet no later than 45 days after they are received. If the county provides the Comptroller's Office with sufficient evidence that the audit or report cannot be filed electronically, the Comptroller may waive this requirement. The Comptroller must also post a list of counties that are not in compliance with the reporting requirements set forth in this Section.
Any financial report under this Section shall include the name of the purchasing agent who oversees all competitively bid contracts. If there is no purchasing agent, the name of the person responsible for oversight of all competitively bid contracts shall be listed. The audit shall commence as soon as possible after the close of each
fiscal year and shall be completed within 180 days after the close of such
fiscal year, unless an extension of time is granted by the Comptroller in
writing. Such extension of time shall not exceed 60 days. When the auditor or auditors have completed the audit a full report thereof shall be made
and not less than 2 copies of each audit report shall be submitted to the
county board. Each audit report shall be signed by the auditor performing
the audit and shall include only financial information, findings and
conclusions that are adequately supported by evidence in the auditor's
working papers to demonstrate or prove, when called upon, the basis for the
matters reported and their correctness and reasonableness. In connection
with this, each county board shall retain the right of inspection of the
auditor's working papers and shall make them available to the Comptroller,
or his designee, upon request.
Within 60 days of receipt of an audit report, each county board shall file
one copy of each audit report and each financial report with the Comptroller
and any comment or explanation that the county board may desire to make
concerning such audit report may be attached thereto. An audit report
which fails to meet the requirements of this Division shall be
rejected by the Comptroller and returned to the county board for corrective
action. One copy of each such report shall be filed with the county clerk
of the county so audited.
This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule counties of powers and functions exercised by the State. (Source: P.A. 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31004) (from Ch. 34, par. 6-31004)
Sec. 6-31004. Overdue reports.
(a) In the event the required reports for
a county are not filed with the Comptroller in accordance with Section 6-31003
within 180 days after the close of the fiscal year of the county, the
Comptroller shall notify the county board in writing that the reports are
due, and may also grant an extension of time of up to 60 days for the
filing of the reports. In the event the required reports are not filed
within the time specified in such written notice, the Comptroller shall
cause the audit to be performed and the audit report prepared by an auditor or auditors.
(b) The Comptroller may decline to order an audit and the preparation of
an
audit report if an initial examination of the books and records of the
governmental unit indicates that the books and records of the governmental unit
are inadequate or unavailable due to the passage of time or the occurrence of a
natural disaster.
(c) The State Comptroller may grant extensions for delinquent audits or reports. The Comptroller may charge a county a fee for a delinquent audit or report of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter. These amounts may be reduced at the Comptroller's discretion. All fees collected under this subsection (c) shall be deposited into the Comptroller's Administrative Fund. (Source: P.A. 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31005) (from Ch. 34, par. 6-31005)
Sec. 6-31005. Funds managed by county officials. In addition to any
other audit required by this Division, the County Board shall cause an
audit to be made of all funds and accounts under the management or control
of a county official as soon as possible after such official leaves office
for any reason. The audit shall be filed with the county board not later
than 180 days after the official leaves office. The audit shall be performed
and the audit report shall be prepared and filed with the
Chairman of the County Board by an auditor.
As used in this Section, "county official" means any elected county officer
or any officer appointed by the county board who is charged with the management
or control of any county funds; and "audit" means a post facto examination
of books, documents, records, and other evidence relating to the obligation,
receipt, expenditure or use of public funds of the county, including
governmental operations relating to such obligations, receipt, expenditure or use.
(Source: P.A. 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31006) (from Ch. 34, par. 6-31006)
Sec. 6-31006. Audit report. (a) Prior to fiscal year 2019, the audit report shall contain
statements that are in conformity with generally accepted public accounting
principles or other comprehensive basis of accounting and shall set forth the financial position
and the results of financial operations for each fund, account, and office
of the county government. The audit report shall also include the
professional opinion of the auditor or auditors with respect to the
financial status and operations or, if an opinion cannot be expressed, a
declaration that such auditor is unable to express such opinion and an
explanation of the reasons he or she cannot do so. Each audit report shall
include the certification of the auditor or auditors making the audit
that the audit has been performed in compliance with generally accepted
auditing standards. Each audit report filed with the Comptroller shall be
accompanied by a copy of each official statement or other offering of
materials prepared in connection with the issuance of indebtedness of the
county since the filing of the last audit report.
(b) For fiscal year 2019 and each fiscal year thereafter, the audit report shall contain statements that set forth the financial position and the results of financial operations for financial statements for governmental activities, business-type activities, discretely presented component units, and each major fund and aggregated nonmajor funds for each fund, account, and office of the county government. The audit report shall include the professional opinion or opinions of an auditor or auditors with respect to the financial status and statements or, if an opinion cannot be expressed, a declaration that the auditor is unable to express an opinion and an explanation of the reasons he or she cannot do so. Each auditor's report shall include the representation of the auditor or auditors conducting the audit that the audit has been performed in accordance with generally accepted auditing standards. Each audit report filed with the Comptroller shall be accompanied by a copy of each official statement or other offering of materials prepared in connection with the issuance of indebtedness of the county since the filing of the last audit report. (c) For fiscal year 2019 and each fiscal year thereafter, audit reports shall contain financial statements prepared in accordance with generally accepted accounting principles and audited in conformity with generally accepted auditing standards if the last audit report filed preceding fiscal year 2019 expressed an unmodified or modified opinion by the auditor that the financial statements were presented in accordance with generally accepted accounting principles. (d) For fiscal year 2019 and each fiscal year thereafter, audit reports containing financial statements prepared in accordance with an other comprehensive basis of accounting may follow the best practices and guidelines outlined by the American Institute of Certified Public Accountants and shall be audited in accordance with generally accepted auditing standards. If the county board of a county submits an audit report containing financial statements prepared in accordance with generally accepted accounting principles, thereafter all future audit reports shall also contain financial statements prepared in accordance with generally accepted accounting principles. (e) Audits may be made on financial statements prepared using either an accrual or cash basis of accounting, depending upon the system followed by the county, and audit reports shall comply with this Section.(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31008) (from Ch. 34, par. 6-31008)
Sec. 6-31008. Expenses of audit. The expenses of conducting the
audit and making the required audit report or financial statement for each
county, whether ordered by the county board or the Comptroller, shall be
paid by the county and the county board shall make provisions for such
payment. If the audit is made by an auditor or auditors retained by
the Comptroller, the county, through the county board, shall pay to the
Comptroller reasonable compensation and expenses to reimburse him for the
cost of making such audit.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be
deposited into the Comptroller's Audit Expense Revolving Fund.
Such expenses shall be paid from the general corporate fund of the
county.
Contracts for the performance of audits required by this Division may
be entered into without competitive bidding.
(Source: P.A. 101-419, eff. 1-1-20.)
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(55 ILCS 5/6-31009) (from Ch. 34, par. 6-31009)
Sec. 6-31009.
Public records.
All audit reports and financial
statements are public records and shall be open to public inspection. The
clerk of the county board shall furnish a copy of the audit report or
financial statement to any person making a request and paying the fee
therefor. The fee shall be set by the county board and shall not exceed $15.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-31010) (from Ch. 34, par. 6-31010)
Sec. 6-31010.
Construction.
The provisions of this Division
shall not be construed to relieve any officer of any duty otherwise
required of him by law with relation to the auditing, management,
collection or disbursement of public funds. Failure of the county board to
comply with any of the provisions of this Division shall not
affect the legality of any taxes levied by the county board.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-31011) (from Ch. 34, par. 6-31011)
Sec. 6-31011.
Audit committee.
The corporate authorities of a county
may establish an audit committee, and may appoint members of the corporate
authority or other appropriate officers to the committee, to review audit
reports prepared under this Division and any other financial reports and
documents, including management letters prepared by or on behalf of the county.
(Source: P.A. 86-962.)
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(55 ILCS 5/6-31012) Sec. 6-31012. Audit report disclosure. Each fiscal year, within 60 days of the close of an audit under this Division, the auditor conducting the audit of all of the funds and accounts of a county shall do each of the following: (1) Provide a copy of any management letter and a | ||
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(2) Present the information from the audit to the | ||
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(Source: P.A. 98-738, eff. 1-1-15.) |
(55 ILCS 5/6-31013) Sec. 6-31013. Transitional audits. (a) No later than 10 days after certification of the election results, the county board chairperson, county board president, or county executive shall notify newly elected countywide officials of the option for an auditor to conduct a transitional audit at the county's expense. An elected county auditor shall conduct the audit upon a request of the newly elected countywide official. In a county that does not have an elected county auditor, the newly elected countywide official may hire a qualified auditing firm. The county board shall pay all costs associated with an audit. The transitional audit shall examine funds expended by the official for whom the newly elected official is taking over and report if the expended funds were consistent with the county board's financial allocations to that official. (b) A county board shall give the option for a transitional financial audit to all county officials elected in or after November 2016. (c) A home rule county shall not regulate transitional audits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 101-544, eff. 8-23-19.) |
(55 ILCS 5/Div. 6-32 heading) Division 6-32.
Emergency Disaster Fund
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(55 ILCS 5/6-32005)
Sec. 6-32005.
Establishment of Fund.
The county board may, by a majority
vote of all of its members, establish an Emergency Disaster Fund ("the Fund")
for the county. Moneys may be appropriated from the county's general revenues
to the Fund in the county's annual budget or annual appropriation bill.
Interest earned from the investment of moneys in the Fund may be transferred to
the county's general fund. Moneys held in the Fund shall at no time exceed
0.2% of the total equalized assessed valuation of all property in the county
subject to taxation by the county.
(Source: P.A. 88-387.)
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(55 ILCS 5/6-32010)
Sec. 6-32010.
Expenditures from Fund.
(a) Moneys in the Fund may be used to pay the county's expenses incurred in
an emergency within the county declared by the Governor. Moneys in the Fund
also may be used to pay the county's extraordinary expenses in an emergency
declared by a majority vote of all the members of the county board. Moneys in
the Fund shall not be used to pay the county's routine expenses.
(b) No moneys shall be expended from the Fund except by a majority vote of
all the members of the county board.
(Source: P.A. 88-387.)
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(55 ILCS 5/Div. 6-33 heading) Division 6-33.
Bonds for
Forest Preserve District Facilities
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(55 ILCS 5/6-33005)
Sec. 6-33005.
County over 3,000,000.
(a) Any county with a population over 3,000,000 may borrow money and in
evidence of that borrowing issue bonds or notes for the purpose of paying costs
of constructing, acquiring, equipping, repairing, and renovating any buildings
or other improvements to land of a forest preserve district located within the
county or providing equipment for the district, as the county and the district
may agree, or for the purpose of lending money to the district to pay those
costs. The bonds or notes shall mature within 30 years of their issuance.
(b) The county may enter into leases, installment sale contracts, or loan
agreements with the forest preserve district pertaining to those buildings,
improvements, or equipment. The terms of any lease, installment sale contract,
or loan agreements may provide for payments to the county sufficient to provide
amounts to pay when due all principal and interest on the bonds or notes issued
by the county for that purpose. The bonds or notes of the county may be made
payable from amounts received from the forest preserve district or may be
general obligations of the county, or both, as the board of commissioners of
the county shall determine in its ordinance authorizing the bonds or notes.
(Source: P.A. 88-503; 88-670, eff. 12-2-94.)
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(55 ILCS 5/Div. 6-34 heading) Division 6-34. Report of RTA Occupation Taxes
(Source: P.A. 96-328, eff. 8-11-09.) |
(55 ILCS 5/6-34000)
Sec. 6-34000. Report on funds received under the Regional Transportation Authority Act. If the Board of the Regional Transportation Authority adopts an ordinance under Section 4.03 of the Regional Transportation Authority Act imposing a retailers' occupation tax and a service occupation tax at the rate of 0.75% in the counties of DuPage, Kane, Lake, McHenry, and Will, then the County Boards of DuPage, Kane, Lake, McHenry, and Will counties shall each report to the General Assembly and the Commission on Government Forecasting and Accountability by March 1 of the year following the adoption of the ordinance and March 1 of each year thereafter. That report shall include the total amounts received by the County under subsection (n) of Section 4.03 of the Regional Transportation Authority Act and the expenditures and obligations of the County using those funds during the previous calendar year.
(Source: P.A. 95-906, eff. 8-26-08.) |
(55 ILCS 5/Art. 7 heading) ARTICLE 7.
CONTINUATION OF PRIOR
LAW - STATUTES AMENDED AND REPEALED
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(55 ILCS 5/Div. 7-1 heading) Division 7-1.
Continuation of Prior Law
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(55 ILCS 5/7-1001) (from Ch. 34, par. 7-1001)
Sec. 7-1001.
Continuation of prior law.
The provisions of this Code,
insofar as they are the same or substantially the same as those of any
prior statute, shall be construed as a continuation of such prior statute
and not as a new enactment, notwithstanding the repeal of the prior statute.
If in any other statute reference is made to an Act of the General Assembly,
or a Section of such an Act, which Act or Section is continued in this
Code, such reference shall be held to refer to the Act or Section thereof
so continued in this Code.
In the case of any Section of the various laws of which this Code is
comprised which is added or amended by another Act of this Eighty-sixth
General Assembly, it is intended that such Section as added or amended be
construed with this Code and be given effect as if it were made a part of
this Code, notwithstanding the repeal of such law by this Code. In the
case of any Section of the various laws of which this Code is composed
which is repealed by another Act of this Eighty-sixth General Assembly, it
is intended that such Section be rerepealed by this Code.
Section 13 of "The County Home Act", approved April 11, 1967, as amended,
(Ch. 34, par. 5373) and Section 24 of "An Act concerning county treasurers,
in counties containing more than 150,000 inhabitants, and concerning public
funds within their custody and control and the interest thereon, and to
repeal all acts or part of acts in conflict therewith", approved June 29,
1915, as amended, (Ch. 36, par. 40) are determined to be obsolete and are
repealed without being continued in this Code.
In this Code, the caption of each Section is intended to be generally
descriptive of the text of the Section. The caption is not a part of the
text of the Section and is not intended to limit the meaning or application
of the Section.
In this Code, the reference at the end of each Section indicates its most
recent source or sources in the Laws of Illinois. Such references are
included for convenient reference and to indicate the source of the text
being incorporated; however, they are not a part of the text of the Section.
Nothing in this Code shall be construed to deny, limit or preempt the
exercise of any power by a home rule unit, as defined in Section 6 of
Article VII of the Illinois Constitution, where no such denial, limitation
or preemption existed under the corresponding prior statute.
Nothing in this Code shall be construed to create a State mandate, as
defined in Section 3 of The State Mandates Act, where no such mandate
existed under the corresponding prior statute.
(Source: P.A. 86-962.)
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