95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5474

 

Introduced , by Rep. Michael J. Madigan - Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-25013   from Ch. 34, par. 5-25013

    Amends the Counties Code. Makes a technical change to a Section concerning the powers and duties of the board of health of a county or multiple-county health department.


LRB095 19405 HLH 45700 b

 

 

A BILL FOR

 

HB5474 LRB095 19405 HLH 45700 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by changing Section
5 5-25013 as follows:
 
6     (55 ILCS 5/5-25013)  (from Ch. 34, par. 5-25013)
7     Sec. 5-25013. Organization of board; powers and duties.
8     (A) The The board of health of each county or
9 multiple-county health department shall, immediately after
10 appointment, meet and organize, by the election of one of its
11 number as president and one as secretary, and either from its
12 number or otherwise, a treasurer and such other officers as it
13 may deem necessary. A board of health may make and adopt such
14 rules for its own guidance and for the government of the health
15 department as may be deemed necessary to protect and improve
16 public health not inconsistent with this Division. It shall:
17         1. Hold a meeting prior to the end of each operating
18     fiscal year, at which meeting officers shall be elected for
19     the ensuing operating fiscal year;
20         2. Hold meetings at least quarterly;
21         3. Hold special meetings upon a written request signed
22     by two members and filed with the Secretary or on request
23     of the medical health officer or public health

 

 

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1     administrator;
2         4. Provide, equip and maintain suitable offices,
3     facilities and appliances for the health department;
4         5. Publish annually, within 90 days after the end of
5     the county's operating fiscal year, in pamphlet form, for
6     free distribution, an annual report showing the condition
7     of its trust on the last day of the most recently completed
8     operating fiscal year, the sums of money received from all
9     sources, giving the name of any donor, how all moneys have
10     been expended and for what purpose, and such other
11     statistics and information in regard to the work of the
12     health department as it may deem of general interest;
13         6. Within its jurisdiction, and professional and
14     technical competence, enforce and observe all State laws
15     pertaining to the preservation of health, and all county
16     and municipal ordinances except as otherwise provided in
17     this Division;
18         7. Within its jurisdiction, and professional and
19     technical competence, investigate the existence of any
20     contagious or infectious disease and adopt measures, not
21     inconsistent with the regulations of the State Department
22     of Public Health, to arrest the progress of the same;
23         8. Within its jurisdiction, and professional and
24     technical competence, make all necessary sanitary and
25     health investigations and inspections;
26         9. Upon request, give professional advice and

 

 

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1     information to all city, village, incorporated town and
2     school authorities, within its jurisdiction, in all
3     matters pertaining to sanitation and public health;
4         10. Appoint a medical health officer as the executive
5     officer for the department, who shall be a citizen of the
6     United States and shall possess such qualifications as may
7     be prescribed by the State Department of Public Health; or
8     appoint a public health administrator who shall possess
9     such qualifications as may be prescribed by the State
10     Department of Public Health as the executive officer for
11     the department, provided that the board of health shall
12     make available medical supervision which is considered
13     adequate by the Director of Public Health;
14         10 1/2. Appoint such professional employees as may be
15     approved by the executive officer who meet the
16     qualification requirements of the State Department of
17     Public Health for their respective positions provided,
18     that in those health departments temporarily without a
19     medical health officer or public health administrator
20     approval by the State Department of Public Health shall
21     suffice;
22         11. Appoint such other officers and employees as may be
23     necessary;
24         12. Prescribe the powers and duties of all officers and
25     employees, fix their compensation, and authorize payment
26     of the same and all other department expenses from the

 

 

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1     County Health Fund of the county or counties concerned;
2         13. Submit an annual budget to the county board or
3     boards;
4         14. Submit an annual report to the county board or
5     boards, explaining all of its activities and expenditures;
6         15. Establish and carry out programs and services in
7     mental health, including mental retardation and alcoholism
8     and substance abuse, not inconsistent with the regulations
9     of the Department of Human Services;
10         16. Consult with all other private and public health
11     agencies in the county in the development of local plans
12     for the most efficient delivery of health services.
13     (B) The board of health of each county or multiple-county
14 health department may:
15         1. Initiate and carry out programs and activities of
16     all kinds, not inconsistent with law, that may be deemed
17     necessary or desirable in the promotion and protection of
18     health and in the control of disease including
19     tuberculosis;
20         2. Receive contributions of real and personal
21     property;
22         3. Recommend to the county board or boards the adoption
23     of such ordinances and of such rules and regulations as may
24     be deemed necessary or desirable for the promotion and
25     protection of health and control of disease;
26         4. Appoint a medical and dental advisory committee and

 

 

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1     a non-medical advisory committee to the health department;
2         5. Enter into contracts with the State,
3     municipalities, other political subdivisions and
4     non-official agencies for the purchase, sale or exchange of
5     health services;
6         6. Set fees it deems reasonable and necessary (i) to
7     provide services or perform regulatory activities, (ii)
8     when required by State or federal grant award conditions,
9     (iii) to support activities delegated to the board of
10     health by the Illinois Department of Public Health, or (iv)
11     when required by an agreement between the board of health
12     and other private or governmental organizations, unless
13     the fee has been established as a part of a regulatory
14     ordinance adopted by the county board, in which case the
15     board of health shall make recommendations to the county
16     board concerning those fees. Revenue generated under this
17     Section shall be deposited into the County Health Fund or
18     to the account of the multiple-county health department.
19         7. Enter into multiple year employment contracts with
20     the medical health officer or public health administrator
21     as may be necessary for the recruitment and retention of
22     personnel and the proper functioning of the health
23     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 exclusive

 

 

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1 jurisdiction of the State's Attorney of one of the counties
2 that created the department.
3 (Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)