102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2804

 

Introduced 2/19/2021, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-25012  from Ch. 34, par. 5-25012

    Amends the Counties Code. Provides that no member of a county board or board of county commissioners, during the term of office for which he or she is elected, may be appointed or serve as a member of the board of health of that county. Effective immediately.


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A BILL FOR

 

HB2804LRB102 14664 AWJ 20017 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 5-25012 as follows:
 
6    (55 ILCS 5/5-25012)  (from Ch. 34, par. 5-25012)
7    Sec. 5-25012. Board of health. Except in those cases where
8a board of 10 or 12 members is provided for as authorized in
9this Section, each county health department shall be managed
10by a board of health consisting of 8 members appointed by the
11president or chairman of the county board, with the approval
12of the county board, for a 3 year term, except that of the
13first appointees 2 shall serve for one year, 2 for 2 years, 3
14for 3 years and the term of the member appointed from the
15county board, as provided in this Section, shall be one year
16and shall continue until reappointment or until a successor is
17appointed. Each board of health which has 8 members, may have
18one additional member appointed by the president or chairman
19of the county board, with the approval of the county board. The
20additional member shall first be appointed within 90 days
21after the effective date of this amendatory Act for a term
22ending July 1, 2002.
23    The county health department in a county having a

 

 

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1population of 200,000 or more may, if the county board, by
2resolution, so provides, be managed by a board of health
3consisting of 12 members appointed by the president or
4chairman of the county board, with the approval of the county
5board, for a 3 year term, except that of the first appointees 3
6shall serve for one year, 4 for 2 years, 4 for 3 years and the
7term of the member appointed from the county board, as
8provided in this Section, shall be one year and shall continue
9until reappointment or until a successor is appointed. In
10counties with a population of 200,000 or more which have a
11board of health of 8 members, the county board may, by
12resolution, increase the size of the board of health to 12
13members, in which case the 4 members added shall be appointed,
14as of the next anniversary of the present appointments, 2 for
15terms of 3 years, one for 2 years and one for one year.
16    The county board in counties with a population of more
17than 100,000 but less than 3,000,000 inhabitants and
18contiguous to any county with a metropolitan area with more
19than 1,000,000 inhabitants, may establish compensation for the
20board of health, as remuneration for their services as members
21of the board of health. Monthly compensation shall not exceed
22$200 except in the case of the president of the board of health
23whose monthly compensation shall not exceed $400.
24    When a county board of health consisting of 8 members
25assumes the responsibilities of a municipal department of
26public health, and both the county board and the city council

 

 

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1adopt resolutions or ordinances to that effect, the county
2board may, by resolution or ordinance, increase the membership
3of the county board of health to 10 members. The additional 2
4members shall initially be appointed by the mayor of the
5municipality, with the approval of the city council, each such
6member to serve for a term of 2 years; thereafter the
7successors shall be appointed by the president or chairman of
8the county board, with the approval of the county board, for
9terms of 2 years.
10    Each multiple-county health department shall be managed by
11a board of health consisting of 4 members appointed from each
12county by the president or chairman of the county board with
13the approval of the county board for a 3 year term, except that
14of the first appointees from each county one shall serve for
15one year, one for 2 years, one for 3 years and the term of the
16member appointed from the county board of each member county,
17as hereinafter provided, shall be one year and shall continue
18until reappointment or until a successor is appointed.
19    The term of office of original appointees shall begin on
20July 1 following their appointment, and the term of all
21members shall continue until their successors are appointed.
22All members shall serve without compensation but may be
23reimbursed for actual necessary expenses incurred in the
24performance of their duties. At least 2 members of each county
25board of health shall be physicians licensed in Illinois to
26practice medicine in all of its branches and at least one

 

 

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1member shall be a dentist licensed in Illinois. In counties
2with a population under 500,000, one member shall be chosen
3from the county board or the board of county commissioners as
4the case may be. In counties with a population over 500,000,
5two members shall be chosen from the county board or the board
6of county commissioners as the case may be. At least one member
7from each county on each multiple-county board of health shall
8be a physician licensed in Illinois to practice medicine in
9all of its branches, one member from each county on each
10multiple-county board of health shall be chosen from the
11county board or the board of county commissioners, as the case
12may be, and at least one member of the board of health shall be
13a dentist licensed in Illinois. No member of a county board or
14board of county commissioners, during the term of office for
15which he or she is elected, may be appointed or serve as a
16member of the board of health. Whenever possible, at least one
17member shall have experience in the field of mental health.
18All members shall be chosen for their special fitness for
19membership on the board.
20    Any member may be removed for misconduct or neglect of
21duty by the chairman or president of the county board, with the
22approval of the county board, of the county which appointed
23him.
24    Vacancies shall be filled as in the case of appointment
25for a full term.
26    Notwithstanding any other provision of this Act to the

 

 

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1contrary, a county with a population of 240,000 or more
2inhabitants that does not currently have a county health
3department may, by resolution of the county board, establish a
4board of health consisting of the members of such board. Such
5board of health shall be advised by a committee which shall
6consist of at least 5 members appointed by the president or
7chairman of the county board with the approval of the county
8board for terms of 3 years; except that of the first appointees
9at least 2 shall serve for 3 years, at least 2 shall serve for
102 years and at least one shall serve for one year. At least one
11member of the advisory committee shall be a physician licensed
12in Illinois to practice medicine in all its branches, at least
13one shall be a dentist licensed in Illinois, and one shall be a
14nurse licensed in Illinois. All members shall be chosen for
15their special fitness for membership on the advisory
16committee.
17    All members of a board established under this Section must
18be residents of the county, except that a member who is
19required to be a physician, dentist, or nurse may reside
20outside the county if no physician, dentist, or nurse, as
21applicable, who resides in the county is willing and able to
22serve.
23(Source: P.A. 94-457, eff. 1-1-06; 94-791, eff. 1-1-07.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.