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90_HB2610
55 ILCS 5/5-20002 from Ch. 34, par. 5-20002
55 ILCS 5/5-25013 from Ch. 34, par. 5-25013
65 ILCS 5/11-16-1 from Ch. 24, par. 11-16-1
65 ILCS 5/11-17-4 from Ch. 24, par. 11-17-4
70 ILCS 905/15 from Ch. 111 1/2, par. 15
Amends the Counties Code, the Illinois Municipal Code,
and the Public Health District Act. Provides that a board of
health may not accept a grant from a public or private entity
without the approval of the board's corporate authorities.
LRB9008963PTsb
LRB9008963PTsb
1 AN ACT concerning boards of health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Sections 5-20002 and 5-25013 as follows:
6 (55 ILCS 5/5-20002) (from Ch. 34, par. 5-20002)
7 Sec. 5-20002. Additional powers.
8 (a) The boards of health shall have the following
9 powers:
10 First--To do all acts, make all regulations which may be
11 necessary or expedient for the promotion of health or the
12 suppression of disease.
13 Second--To appoint physicians as health officers and
14 prescribe their duties.
15 Third--To incur the expenses necessary for the
16 performance of the duties and powers enjoined upon the board.
17 Fourth--To provide gratuitous vaccination and
18 disinfection.
19 Fifth--To require reports of dangerously communicable
20 diseases.
21 (b) A board of health may not accept a grant from a
22 public or private entity unless the county board or board of
23 county commissioners approves the acceptance of the grant by
24 resolution.
25 No board of health constituted under this Division shall
26 function in any county during the period that Division 5-25
27 is in force in that county.
28 (Source: P.A. 86-962.)
29 (55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
30 Sec. 5-25013. Organization of board; powers and duties.
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1 (A) The board of health of each county or
2 multiple-county health department shall, immediately after
3 appointment, meet and organize, by the election of one of its
4 number as president and one as secretary, and either from its
5 number or otherwise, a treasurer and such other officers as
6 it may deem necessary. A board of health may make and adopt
7 such rules for its own guidance and for the government of the
8 health department as may be deemed necessary to protect and
9 improve public health not inconsistent with this Division. It
10 shall:
11 1. Hold a meeting prior to the end of each
12 operating fiscal year, at which meeting officers shall be
13 elected for the ensuing operating fiscal year;
14 2. Hold meetings at least quarterly;
15 3. Hold special meetings upon a written request
16 signed by two members and filed with the Secretary or on
17 request of the medical health officer or public health
18 administrator;
19 4. Provide, equip and maintain suitable offices,
20 facilities and appliances for the health department;
21 5. Publish annually, within 90 days after the end
22 of the county's operating fiscal year, in pamphlet form,
23 for free distribution, an annual report showing the
24 condition of its trust on the last day of the most
25 recently completed operating fiscal year, the sums of
26 money received from all sources, giving the name of any
27 donor, how all moneys have been expended and for what
28 purpose, and such other statistics and information in
29 regard to the work of the health department as it may
30 deem of general interest;
31 6. Within its jurisdiction, and professional and
32 technical competence, enforce and observe all State laws
33 pertaining to the preservation of health, and all county
34 and municipal ordinances except as otherwise provided in
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1 this Division;
2 7. Within its jurisdiction, and professional and
3 technical competence, investigate the existence of any
4 contagious or infectious disease and adopt measures, not
5 inconsistent with the regulations of the State Department
6 of Public Health, to arrest the progress of the same;
7 8. Within its jurisdiction, and professional and
8 technical competence, make all necessary sanitary and
9 health investigations and inspections;
10 9. Upon request, give professional advice and
11 information to all city, village, incorporated town and
12 school authorities, within its jurisdiction, in all
13 matters pertaining to sanitation and public health;
14 10. Appoint a medical health officer as the
15 executive officer for the department, who shall be a
16 citizen of the United States and shall possess such
17 qualifications as may be prescribed by the State
18 Department of Public Health; or appoint a public health
19 administrator who shall possess such qualifications as
20 may be prescribed by the State Department of Public
21 Health as the executive officer for the department,
22 provided that the board of health shall make available
23 medical supervision which is considered adequate by the
24 Director of Public Health;
25 10 1/2. Appoint such professional employees as may
26 be approved by the executive officer who meet the
27 qualification requirements of the State Department of
28 Public Health for their respective positions provided,
29 that in those health departments temporarily without a
30 medical health officer or public health administrator
31 approval by the State Department of Public Health shall
32 suffice;
33 11. Appoint such other officers and employees as
34 may be necessary;
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1 12. Prescribe the powers and duties of all officers
2 and employees, fix their compensation, and authorize
3 payment of the same and all other department expenses
4 from the County Health Fund of the county or counties
5 concerned;
6 13. Submit an annual budget to the county board or
7 boards;
8 14. Submit an annual report to the county board or
9 boards, explaining all of its activities and
10 expenditures;
11 15. Establish and carry out programs and services
12 in mental health, including mental retardation and
13 alcoholism and substance abuse, not inconsistent with the
14 regulations of the Department of Human Services;
15 16. Consult with all other private and public
16 health agencies in the county in the development of local
17 plans for the most efficient delivery of health services.
18 (B) The board of health of each county or
19 multiple-county health department may:
20 1. Initiate and carry out programs and activities
21 of all kinds, not inconsistent with law, that may be
22 deemed necessary or desirable in the promotion and
23 protection of health and in the control of disease
24 including tuberculosis;
25 2. Receive contributions of real and personal
26 property;
27 3. Recommend to the county board or boards the
28 adoption of such ordinances and of such rules and
29 regulations as may be deemed necessary or desirable for
30 the promotion and protection of health and control of
31 disease;
32 4. Appoint a medical and dental advisory committee
33 and a non-medical advisory committee to the health
34 department;
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1 5. Enter into contracts with the State,
2 municipalities, other political subdivisions and
3 non-official agencies for the purchase, sale or exchange
4 of health services;
5 6. Set fees it deems reasonable and necessary (i)
6 to provide services or perform regulatory activities,
7 (ii) when required by State or federal grant award
8 conditions, (iii) to support activities delegated to the
9 board of health by the Illinois Department of Public
10 Health, or (iv) when required by an agreement between the
11 board of health and other private or governmental
12 organizations, unless the fee has been established as a
13 part of a regulatory ordinance adopted by the county
14 board, in which case the board of health shall make
15 recommendations to the county board concerning those
16 fees. Revenue generated under this Section shall be
17 deposited into the County Health Fund or to the account
18 of the multiple-county health department.
19 7. Enter into multiple year employment contracts
20 with the medical health officer or public health
21 administrator as may be necessary for the recruitment and
22 retention of personnel and the proper functioning of the
23 health department.
24 (C) The board of health of a multiple-county health
25 department may hire attorneys to represent and advise the
26 department concerning matters that are not within the
27 exclusive jurisdiction of the State's Attorney of one of the
28 counties that created the department.
29 (D) A board of health may not accept a grant from a
30 public or private entity unless the county board, board of
31 county commissioners, or each county board of a
32 multiple-county health department approves the acceptance of
33 the grant by resolution.
34 (Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
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1 Section 10. The Illinois Municipal Code is amended by
2 changing Sections 11-16-1 and 11-17-4 as follows:
3 (65 ILCS 5/11-16-1) (from Ch. 24, par. 11-16-1)
4 Sec. 11-16-1. Board of health. The corporate
5 authorities of each municipality may provide for and maintain
6 a board of health, consisting of more than one person, and to
7 prescribe its powers and duties, except where a municipality
8 has adopted the provisions of Division 17. A board of health
9 may not accept a grant from a public or private entity unless
10 the corporate authorities of the municipality approve the
11 acceptance of the grant by resolution.
12 (Source: Laws 1961, p. 576.)
13 (65 ILCS 5/11-17-4) (from Ch. 24, par. 11-17-4)
14 Sec. 11-17-4. Organization and duties of public health
15 board. Immediately after their appointment, the directors
16 shall meet and organize by electing one of their number as
17 president and one as secretary and by electing such other
18 officers as they may deem necessary. They shall adopt such
19 by-laws, rules, and regulations for their own guidance and
20 for the government of the public health board as may be
21 expedient and not inconsistent with this Division 17 or with
22 the ordinances of the municipality. They have the exclusive
23 control of the expenditure of all money collected to the
24 credit of the public health board fund. All money received
25 for the public health board shall be deposited in the
26 municipal treasury to the credit of the public health board
27 fund and shall not be used for any other purpose. The money
28 shall be drawn upon by the proper municipal officer upon the
29 properly authenticated vouchers of the board of directors. A
30 board of health may not accept a grant from a public or
31 private entity unless the corporate authorities of the
32 municipality approve the acceptance of the grant by
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1 resolution.
2 The board has the power to appoint suitable assistants
3 and other employees and fix their compensation, and to remove
4 such appointees. The board, in general, shall carry out the
5 spirit and intent of this Division 17 in establishing and
6 maintaining a public health board. In a city which has
7 adopted or hereafter adopts Division 1 of Article 10, all
8 appointments and all removals of assistants or other
9 employees shall be made pursuant to the provisions of that
10 Division 1 of Article 10 and not otherwise, except that
11 persons may be employed temporarily until persons ranked upon
12 the register under Division 1 of Article 10 for positions or
13 offices which are held under Division 1 of Article 10 are
14 available for service. Persons so appointed for temporary
15 service shall hold their positions as temporary appointees
16 under Division 1 of Article 10.
17 Each officer and employee of the public health board is
18 an officer or employee, as the case may be, of the
19 municipality in which the public health board is established.
20 (Source: Laws 1961, p. 576.)
21 Section 15. The Public Health District Act is amended by
22 changing Section 15 as follows:
23 (70 ILCS 905/15) (from Ch. 111 1/2, par. 15)
24 Sec. 15. Powers and duties. Each board of health shall:
25 1. Hold an annual meeting in April of each year, at
26 which meeting officers shall be elected for the ensuing year;
27 2. Hold meetings at least quarterly;
28 3. Hold special meetings upon a written request signed
29 by 2 members and filed with the Secretary;
30 4. Levy, annually, subject to Section 21 in addition to
31 all other taxes which are now or hereafter may be authorized
32 to be levied on the aggregate valuation of all property
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1 within the public health district, a special "public health
2 tax", not to exceed .1% of the value, as equalized or
3 assessed by the Department of Revenue, of all taxable
4 property embraced within such public health district,
5 according to the valuation of the same as made for the
6 purpose of State and county taxation, which shall form, when
7 collected, a fund to be known as the "public health fund",
8 (i) except that the tax authorized by this subsection 4 may
9 be levied at a rate over .1% but not to exceed .15%, not
10 subject to Section 21 of this Act, if the board of health by
11 resolution initiates a referendum to be held in accordance
12 with the general election law and the question of authorizing
13 a rate not to exceed .15% is approved by a majority of the
14 electors voting on the question, and (ii) further except, if
15 a public health district is situated within any county or
16 multiple-county health department for whose benefit a tax is
17 levied under "An Act in relation to the establishment and
18 maintenance of county and multiple-county public health
19 departments", approved July 9, 1943, as amended, the county
20 clerk shall reduce and abate from the tax levied by the
21 authority of this Act a rate which would produce an amount
22 equal to the amount of the tax accruing to the public health
23 district under the above-named Act. In any public health
24 district in which a health department was established by a
25 referendum prior to January 1, 1970, the board of health may,
26 by a resolution adopted by at least a three-fifths vote and
27 without subsequent referendum, levy a tax at a rate not to
28 exceed the rate set forth above;
29 5. Appoint a medical health officer as the executive
30 officer of the board of health, who shall be a citizen of the
31 United States or has made declaration of intention to become
32 a citizen, who shall possess such qualifications as may be
33 prescribed by the State Department of Public Health, or
34 appoint a Public Health Administrator who shall possess such
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1 qualifications as may be prescribed by the State Department
2 of Public Health as executive officer of the board of health,
3 provided that the board of health shall make available
4 medical supervision which is considered adequate by the
5 Director of the Department of Public Health;
6 6. Appoint, upon the advice and approval of the
7 executive officer, professional and technical personnel who
8 meet the qualifications established by the State Department
9 of Public Health and such clerical and other personnel as the
10 executive officer deems necessary;
11 7. Fix the compensation of the medical health officer or
12 administrator;
13 8. Provide, equip and maintain suitable offices,
14 facilities and appliances for the health officer or
15 administrator and his staff;
16 9. If determined necessary by the board of health,
17 establish, equip and maintain an analytical biological and
18 research laboratory;
19 10. Pay, from the "public health fund", the salary of
20 the medical health officer or administrator and the salaries
21 of all appointees and employees and the expenses of
22 maintenance of the public health department, including
23 therein the expense of administering the sanitation and
24 health laws and ordinances;
25 11. Consult with other private and public health
26 agencies in the district on the development of local plans
27 for the most efficient performance of health services;
28 12. Acquire, hold, lease and sell, in the name of the
29 public health district, real estate and personal property;
30 13. Receive contributions of money or property and
31 charge fees for health services, provided that in a county
32 under township organization a board of health may not accept
33 a grant from a public or private entity unless the corporate
34 authorities of each town or road district comprising the
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1 public health district approves the acceptance of the grant
2 by resolution;
3 14. Publish, annually, on or soon after the second
4 Tuesday in April, in pamphlet form, for free distribution, an
5 annual report showing the condition of their trust on April
6 1, of that year, the sums of money received from taxation and
7 from other sources, giving the name of the donor, how all
8 moneys have been expended and for what purpose, and such
9 other statistics and information in regard to the work of the
10 health department as they deem of general interest.
11 (Source: P.A. 86-338.)