(60 ILCS 1/170-5)
Sec. 170-5.
Public hospital.
Any township having a population of less than
500,000 may establish, acquire by purchase or otherwise, construct, improve,
extend, repair, equip, maintain, and operate a public hospital under this
Article. If a township utilizes its authority to levy a tax under this Article
to establish, acquire by purchase or otherwise, construct, improve, extend,
repair, equip, maintain, and operate a public hospital, the township is
prohibited from carrying out these acts for the support of a public hospital
located outside of the township unless authorized by referendum.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-10)
Sec. 170-10.
Petition and referendum.
(a) On the petition of not less than 5% of the registered voters (according
to the voting registration records at the time the petition is filed) of any
township having a population of less than 500,000 (according to the last
preceding federal census) directed to the township clerk, requesting the clerk
to order an election for the purpose of submitting to the voters of the
township the question of whether the township shall establish, acquire,
purchase, construct, improve, extend, equip, maintain, and operate a public
hospital, with power to issue bonds and levy a tax for those purposes under
this Article, the township clerk shall certify the question to the proper
election officials, who shall submit the question at an election in accordance
with the general election law.
(b) The vote shall be by ballot, and the proposition shall be in
substantially the following form:
Shall (name of township) establish, acquire by | ||
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The votes shall be recorded as "Yes" or "No".
(c) The election shall be held and conducted in accordance with the general
election law. If a majority of the voters voting on the question vote in favor
of the question, the township may establish, acquire by purchase or otherwise,
construct, improve, extend, repair, equip, maintain, and operate a
public hospital as provided in this Article.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-15)
Sec. 170-15. Board of directors; appointment; conflict of interest;
vacancy.
(a) The township clerk shall file a petition with the county clerk of the
county in which the township is located, reciting that the township clerk
certified the proposition to the proper election officials, who submitted the
proposition at an election in and for the township in response to a petition
signed by 25 voters for the purpose of submitting the proposition of
establishing a public hospital as provided in this Article, and that the
election carried by a majority of the voters voting at the election on the
question. The township clerk's petition also shall request the township
board to appoint a board of directors for the management and operation of the
hospital.
(b) The township board shall appoint 5 persons to serve without
compensation. The first directors appointed shall hold office respectively for
one, 2, 3, 4, and 5 years from the first Monday in the month following their
appointment and until their successors are appointed and qualified. On or after
the first Monday in May of each succeeding year, the township board shall
appoint one director whose term shall be for 5 years, commencing the first
Monday in May of the year he or she is appointed. Each appointment of a
successor director shall be made in the same manner and under the same
conditions as the appointment of his or her predecessor. The
length of the term of the first directors appointed shall be determined
by lot at their first meeting, which shall be held not less than 30 days
after their appointment. A majority of the board of directors shall
constitute a quorum, but a smaller number may adjourn from day to day.
The township board may, by resolution, increase the membership of the
board to 7 directors. The resolution shall not affect the terms of the
incumbent directors. Before the first Monday in May following the adoption of
the resolution, the township board shall appoint 3 directors, one to succeed
the incumbent whose term expires and the 2 additional directors provided for in
the resolution, for terms of 3, 4, and 5 years from the first Monday in May of
the year of the appointment. Thereafter, upon the expiration of the term of
any director, his or her successor shall be appointed for a term of 5 years and
until a successor is appointed and qualified for a like term.
If the township board has, by previous resolution, increased the
membership of the board to 7 directors, the township board may by new
resolution increase the membership of the board by 2 new members in any one
year up to a maximum of 11 directors. The new resolution shall not affect
the terms of the incumbent directors. Before the first Monday in May following
the adoption of the new resolution, the township board shall appoint a
sufficient number of directors so that there will be (i) a successor for the
full term of each incumbent whose term expires and (ii) the 2 additional
directors provided for in the new resolution for terms of 4 and 5 years from
the first Monday in May of the year of appointment. Thereafter, upon the
expiration of the term of any director, his or her successor shall be appointed
for a term of 5 years and until a successor is appointed and qualified for a
like term.
(c) No director or employee of the township shall be directly or indirectly
interested (i) in any contract, work, or business of the township, (ii) in the
sale of any article whose expense, price, or consideration is paid by the
township, or (iii) in the purchase of any real estate or property for or
belonging to the township.
(d) Whenever a vacancy in the board of directors occurs from a director's
death, resignation, or refusal to qualify, or for any other reason including without limitation the conviction in any court of the State of Illinois or of the United States of a director for an infamous crime, the
township board may fill the vacancy by appointment. The person appointed or
qualified for office under this Section shall assume the duties of that person
for whose unexpired term he or she was appointed.
For purposes of this subsection (d), a conviction for an offense that disqualifies a director from membership on the board occurs on the date of (i) the entry of a plea of guilty in court, (ii) the return of a guilty verdict, or (iii) in the case of a trial by the court, the entry of a finding of guilt.(Source: P.A. 97-295, eff. 1-1-12.)
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(60 ILCS 1/170-20)
Sec. 170-20.
Board powers; annual financial statement; forfeiture.
(a) The board of directors constitute the governing body of the public
hospital; they are the corporate authorities of the township for that purpose
and constitute a body corporate and politic separate and distinct from other
officers of the township. The board of directors shall exercise all the powers
and manage and control all of the affairs and property of the public hospital,
may sue and be sued in their corporate name, and may adopt a corporate seal and
change it at pleasure. The board of directors may approve the provision of any
service and approve any contract or other arrangement not prohibited to a
hospital licensed under the Hospital Licensing Act, incorporated under the
General Not-For-Profit Corporation Act, and exempt from taxation under
paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.
(b) The board of directors shall, within 30 days after their appointment and
at the first meeting in May of each year thereafter, elect one of their number
chairman and one of their number vice chairman. The board shall elect a
secretary and a treasurer, neither of whom shall be members of the board of
directors. The secretary and treasurer shall perform duties and receive
salaries prescribed by the board of directors, and each of those officers shall
furnish bonds in a sum fixed by the board of directors for the use and benefit
of the public hospital.
(c) The board of directors may employ and appoint a person or persons they
deem necessary and expedient for the operation of the public hospital and its
affairs and prescribe their salaries and duties.
(d) The board of directors shall, within 30 days after the close of each
fiscal year, prepare and file with the township clerk a full statement of the
financial affairs of the hospital showing (i) the balance (if any)
received by the board from any source; (ii) the amount of tax levied the
preceding year for the hospital; (iii) the amount collected and paid over
to the board; (iv) the amount paid out by the board and on what account,
including any amount paid out on indebtedness (specifying the nature and amount
of the indebtedness, the amount paid on the indebtedness, the amount paid on
principal, and the amount paid on interest account); and (v) the amount and
kind of all outstanding indebtedness due and unpaid, the amount and kind of
indebtedness not yet due, and when the indebtedness not yet due will mature.
The township clerk shall record the statement in the record book of the
township as soon as it is filed. The township clerk, within 30 days after
receiving the statement, shall also cause the statement to be published in a
newspaper of general circulation published within the township in which the
hospital is situated. If no newspaper of general circulation is published in
the township, the report shall be published in any newspaper generally
circulated in the township.
(e) Any board of directors or township clerk who wilfully neglects to comply
with this Section shall forfeit and pay to the township the sum of not less
than $50 nor more than $200, to be sued for and recovered by the township and
appropriated for repairs of highways and bridges in the township.
(Source: P.A. 86-739; 88-62.)
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(60 ILCS 1/170-25)
Sec. 170-25.
Transfer of hospital; public hearing; recognition of
labor organization.
(a) The board of directors by resolution may enter into contracts for the
transfer, sale, or lease of the public hospital and its facilities to a
responsible corporation, hospital, health care facility, unit of local
government, or institution of higher education, provided the transfer, sale, or
lease does not adversely affect access to the hospital by inhabitants of the
township. At least 10 days before the adoption of a resolution under this
Section, the board of directors shall make the proposed resolution conveniently
available for public inspection and shall hold at least one public hearing on
the proposed resolution. Notice of the hearing shall be published in one or
more newspapers having general circulation in the township at least 10 days
before the time of the public hearing. The notice shall state the time and
place of the hearing and the place where copies of the proposed resolution will
be accessible for examination.
(b) If, before the sale or lease of the hospital under 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 if a purchaser or lessor subject to the National
Labor Relations Act retains or hires a majority of the employees in the
bargaining unit, the 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 the labor organization
makes a timely written assertion of its representational capacity to the
purchaser or lessor.
(Source: P.A. 84-738; 88-62.)
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