2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 905/ - Public Health District Act.

(70 ILCS 905/0.01) (from Ch. 111 1/2, par. 0.01)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Public Health District Act.
(Source: P.A. 86-1324.)
(70 ILCS 905/1) (from Ch. 111 1/2, par. 1)
Sec. 1. 
		
		Any town, or two or more adjacent towns in a county under township
organization, or any road district, or two or more road districts in a
county not under township organization, may be organized into a public
health district, provided that the total population to be served by such
public health district is not less than 75,000. Any town or road district
may become a part of an existing public health district.
(Source: Laws 1961, p. 2933.)
(70 ILCS 905/2) (from Ch. 111 1/2, par. 2)
Sec. 2. 
		
		Upon a petition containing the signatures of legal voters in
number not less than 10% of the total vote cast in any town or road
district, and filed with the town or road district clerk, the proposition
of erecting such town or road district into a public health district
shall be submitted to a vote of the people in the manner provided by the
general election
law.
(Source: P.A. 81-1489.)
(70 ILCS 905/3) (from Ch. 111 1/2, par. 3)
Sec. 3. 
		
		Upon a petition requesting that two or more adjacent towns or
road districts be erected into a health district and containing the
signatures of legal voters in number not less than 10% of the total vote
cast in each of two or more adjacent towns or road districts, and filed
with the county clerk, the proposition of erecting such towns or road
districts into a public health district shall be submitted to a vote of
the people of such towns or road districts in the manner provided by the
general election
law.
(Source: P.A. 81-1489.)
(70 ILCS 905/3a) (from Ch. 111 1/2, par. 3a)
Sec. 3a. 
		
		Upon a petition containing the signatures of not less than
10% of the legal voters of a town or road district requesting that the
town or road district become a part of an existing public health
district, which is approved by the board of health of such existing
health district and filed with the county clerk, the proposition of such town
or road district becoming part of such public health district shall be
submitted to the voters of said town or road district in the manner
provided by the general election law.
(Source: P.A. 81-1489.)
(70 ILCS 905/4) (from Ch. 111 1/2, par. 4)
Sec. 4. 
		
		Upon the filing of any such petition with the town or road
district clerk, the town or road district clerk shall certify the proposition
to the proper election officials who shall submit the proposition to referendum
in accordance with the general election law.
(Source: P.A. 81-1489.)
(70 ILCS 905/5) (from Ch. 111 1/2, par. 5)
Sec. 5. 
		
		Upon the filing of a petition with the proper election official
requesting that two or more towns or road districts be erected into a
public health district, such election official
shall certify to the town or
district clerk of each town or road district, petitions for which are on
file in his office requesting that such towns or road districts be
erected into a public health district, that the proposition of erecting
such towns or road districts (naming them) will be submitted to a vote
of the people of the towns or road districts at an election in accordance
with the general election law.
(Source: P.A. 81-1489.)
(70 ILCS 905/5a) (from Ch. 111 1/2, par. 5a)
Sec. 5a. 
		
		Upon the filing with the proper election official of a petition
requesting that a town or road district become a part of an existing
public health district, he shall certify to the proper town or district
clerk that the proposition of such town or road district becoming a part
of an existing public health district will be submitted to a vote of the
people of such town or road district at an election in accordance with
the general election law.
(Source: P.A. 81-1489.)
(70 ILCS 905/6) (from Ch. 111 1/2, par. 6)
Sec. 6. 
		
		The proposition shall be voted upon in the same manner as a
constitutional amendment or other public measure.
When the proposition to be voted upon is to erect a town or road
district into a public health district, the proposition may be
substantially in the following form:
--------------------------------------------------------------
Shall this .... (town or road               YES
district) be erected into a public           -----------------
health district?
NO
--------------------------------------------------------------
When the proposition to be voted upon is to erect two or more adjacent
towns or road districts into a public health district, the proposition may
be substantially in the following form:
--------------------------------------------------------------
Shall this .... (town or road district)     YES
unite with the .... (town or road district)  -----------------
of .... to form a public health district?       NO
--------------------------------------------------------------
When the proposition to be voted upon is whether a town or road district
shall become a part of an existing public health district, the proposition
may be in substantially the following form:
--------------------------------------------------------------
Shall this .... (town or road district)     YES
become a part of the .... (name of public    -----------------
health district)?
NO
--------------------------------------------------------------
(Source: Laws 1953, p. 902.)
(70 ILCS 905/7) (from Ch. 111 1/2, par. 7)
Sec. 7. 
		
		When the proposition voted upon is to erect a single town or road
district into a public health district, such proposition shall be carried
if a majority of those voting upon the proposition shall vote "yes".
When the proposition voted upon is to erect two or more adjacent towns
or road districts into a health district, such proposition shall be carried
if the majority of those voting upon the proposition in each town or road
district shall vote "yes."
When the proposition voted on is whether a town or road district shall
become a part of an existing public health district, such proposition shall
be carried if a majority of those voting on the proposition shall vote
"yes".
(Source: Laws 1953, p. 902.)
(70 ILCS 905/8) (from Ch. 111 1/2, par. 8)
Sec. 8. 
		
		When the proposition is submitted to the voters of a single town or
road district, the ballots shall be counted, the returns canvassed and the
result declared as in the case of a regular town or district election.
(Source: Laws 1917, p. 763.)
(70 ILCS 905/9) (from Ch. 111 1/2, par. 9)
Sec. 9. 
		
		When the proposition is submitted to the voters of 2 or more
adjacent towns or road districts, the ballots shall be counted, and the
returns made to the county clerk of the county wherein the petition was
filed as in the case of returns to the county clerk at a general election.
The returns shall be opened and canvassed by the county canvassing board
and the result declared.
(Source: Laws 1963, p. 1145.)
(70 ILCS 905/10) (from Ch. 111 1/2, par. 10)
Sec. 10. 
		
		The town or district clerk, or the county clerk, as the case may
be, shall record the result of the vote upon the proposition and such
result may be proved in all courts and in all proceedings by such record or
by a certified copy thereof.
(Source: Laws 1917, p. 763.)
(70 ILCS 905/11) (from Ch. 111 1/2, par. 11)
Sec. 11. 
		
		In counties not under township organization the county
commissioners shall be the board of health for each public health district
in the county.
Where a public health district, in counties under township organization,
consists of a single town, the supervisor, assessor and town clerk of such
town shall be members of the board of health for the public health
district.
Where a public health district consists of 2 or more adjacent towns, the
supervisors of the towns, together with the chairman of the county board
shall be members of the board of health for the public health district;
provided, that where the public health district consists of 2 towns, and
the supervisor of one of such towns is the chairman of the county board,
the presiding officer of the county board, with the advice and consent of
the county board, shall appoint a qualified voter from one of such towns to
serve as a member of the board of health for a term of one year.
A majority of the board shall constitute a quorum for the transaction of
business.
(Source: P.A. 78-1128.)
(70 ILCS 905/12) (from Ch. 111 1/2, par. 12)
Sec. 12. 
		
		The board of health shall meet in some convenient place in the
public health district within two weeks after the declaration of the
results of the election, and shall elect from their own number a chairman
and a secretary, and, either from their own number or otherwise, a
treasurer.
(Source: Laws 1917, p. 763.)
(70 ILCS 905/13) (from Ch. 111 1/2, par. 13)
Sec. 13. 
		
		The board of health shall, at its first meeting, select a suitable
name for the public health district and file the same with the county clerk
of the county in which the district is located, and thenceforth the public
health district shall be a body corporate and shall be known by that name.
Upon the filing of such name with the county clerk, the public health
district shall be deemed to be completely organized.
(Source: Laws 1943, vol. 1, p. 1020.)
(70 ILCS 905/14) (from Ch. 111 1/2, par. 14)
Sec. 14. 
		
		All courts shall take judicial notice of all public health
districts organized under this act.
(Source: Laws 1917, p. 763.)
(70 ILCS 905/15) (from Ch. 111 1/2, par. 15)
Sec. 15. 
		Each board of health shall:
1.  Hold an annual meeting in April of each year, at which meeting
officers shall be elected for the ensuing year;
2.  Hold meetings at least quarterly;
3.  Hold special meetings upon a written request signed by 2 members
and filed with the Secretary;
4.  Levy, annually, subject to Section 21 in addition to all other
taxes which are now or hereafter may be authorized to be levied on the
aggregate valuation of all property within the public health district, a
special "public health tax", not to exceed .1% of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property embraced within such public health district,
according to the valuation of the same as made for the purpose of State
and county taxation, which shall form, when collected, a fund to be
known as the "public health fund", (i) except that the tax authorized by
this subsection 4 may be levied at
a rate over .1% but not to exceed .15%, not subject to Section 21 of this
Act, if the board of health by resolution initiates a referendum
to be held in accordance with the general election law and the
question of authorizing a rate not to exceed .15% is approved by a majority
of the electors voting on the question,
and (ii) further except, if a public health district
is situated within any county or multiple-county health department for
whose benefit a tax is levied under "An Act in relation to the
establishment and maintenance of county and multiple-county public
health departments", approved July 9, 1943, as amended, the county clerk
shall reduce and abate from the tax levied by the authority of this Act
a rate which would produce an amount equal to the amount of the tax
accruing to the public health district under the above-named Act.  In
any public health district in which a health department was established
by a referendum prior to January 1, 1970, the board of health may, by a
resolution adopted by at least a three-fifths vote and without
subsequent referendum, levy a tax at a rate not to exceed the rate set
forth above;
5. Appoint a medical health officer as the executive officer of the
board of health, who shall be a citizen of the United States or has made
declaration of intention to become a citizen, who shall possess such
qualifications as may be prescribed by the State Department of Public
Health, or appoint a Public Health Administrator who shall possess such
qualifications  as may be prescribed by the State Department of Public
Health as executive officer of the board of health, provided that the
board of health shall make available medical supervision which is
considered adequate by the Director of the Department of Public Health;
6. Appoint, upon the advice and approval of the executive officer,
professional and technical personnel who meet the qualifications
established by the State Department of Public Health and such clerical
and other personnel as the executive officer deems necessary;
7. Fix the compensation of the medical health officer or
administrator;
8. Provide, equip and maintain suitable offices, facilities and
appliances for the health officer or administrator and his staff;
9. If determined necessary by the board of health, establish, equip
and maintain an analytical biological and research laboratory;
10. Pay, from the "public health fund", the salary of the medical
health officer or administrator and the salaries of all appointees and
employees and the expenses of maintenance of the public health
department, including therein the expense of administering the
sanitation and health laws and ordinances;
11. Consult with other private and public health agencies in the
district on the development of local plans for the most efficient
performance of health services;
12. Acquire, hold, lease and sell, in the name of the public health
district, real estate and personal property;
13. Receive contributions of money or property and charge fees for
health services;
14. Publish, annually, on or soon after the second Tuesday in April,
in pamphlet form, for free distribution, an annual report showing the
condition of their trust on April 1, of that year, the sums of money
received from taxation and from other sources, giving the name of the
donor, how all moneys have been expended and for what purpose, and such
other statistics and information in regard to the work of the health
department as they deem of general interest.
(Source: P.A. 86-338.)
(70 ILCS 905/15.1) (from Ch. 111 1/2, par. 15.1)
Sec. 15.1. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 905/17) (from Ch. 111 1/2, par. 17)
Sec. 17. 
The medical health officer or administrator shall have
power, and it shall be his or her duty:
(1) To be the executive officer of the board of     health.
(2) To enforce and observe the rules, regulations and     orders of the State Department of Public Health and all State laws pertaining to the preservation of the health of the people within the public health district, 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.
(3) To exercise the rights, powers and duties of all     township boards of health and county boards of health within the public health district.
(4) To execute and enforce, within the public health     district, all city, village and incorporated town ordinances relating to public health and sanitation.
(5) To investigate the existence of any contagious or     infectious disease within the public health district and to adopt measures, with the approval of the State Department of Public Health, to arrest the progress of the same.
(6) To make all necessary sanitary and health     investigations and inspections within the public health district.
(7) To establish a dental clinic for the benefit of     the school children of the district.
(8) To give professional advice and information to     all city, village, incorporated town and school authorities within the public health district in all matters pertaining to sanitation and public health.
(9) To devote his or her entire time to his or her     official duties.
(10) To establish and execute programs and services     in the field of mental health, including intellectual disabilities, not inconsistent with the regulations of the Department of Human Services.
(11) If approved by the board of health, to enter     into contracts with municipalities, other political subdivisions and private agencies for the purchase, sale, delivery or exchange of health services.
(Source: P.A. 97-227, eff. 1-1-12.)
(70 ILCS 905/18) (from Ch. 111 1/2, par. 18)
Sec. 18. 
		
		In all public health districts all ordinances of cities, villages
and incorporated towns lying within such public health district, relating
to sanitation and public health, shall be administered by the medical health
officer or administrator appointed pursuant to this Act, and not otherwise.
(Source: P.A. 79-884.)
(70 ILCS 905/19) (from Ch. 111 1/2, par. 19)
Sec. 19. 
		
		Each board of health, organized under this act, shall be empowered
to issue warrants in anticipation of taxes to the same extent, in the same
manner and with like limitations and restrictions as county, city, village
and incorporated town authorities.
(Source: Laws 1917, p. 763.)
(70 ILCS 905/20) (from Ch. 111 1/2, par. 20)
Sec. 20. 
		
		Each board of health shall, annually, subject to Section 21 of
this Act, on or before August 1 of each year, transmit to the county
clerk of the county in which the public health district is located a
certificate signed by the chairman and treasurer, setting forth the rate or
percentage of the taxes by them levied for the purposes herein provided and
the county clerk to whom the certificate shall be transmitted shall set
down in the general tax warrant of the year for the collection of the State
and county taxes, in a separate column to be styled a "public health tax,"
a tax in amount equal to the sum resulting from the rate or percentage so
certified by the board of health upon the real and personal property within
the health district according to the valuation of the same as made for the
purpose of State and county taxation; and shall set down in each column the
amount of tax chargeable to the several persons, corporations, lots or
parcels of land, liable for taxes in the public health district according
to such rate or percentage, and the collector shall proceed to collect the
same in such manner as is now, or may hereafter be provided by law for the
collection of State and county taxes; and the provisions of law in respect
to collection of State and county taxes, and proceedings to enforce the
same, which are now enforced, or which may be hereafter enacted, so far as
applicable, shall apply to such taxes; and as fast as such tax shall be
collected by the collector or other officer receiving the same, it shall be
paid over to the board of health, on the joint order of the chairman and
treasurer of the board of health and shall be receipted for by the
treasurer. The funds shall be used only for the purposes herein prescribed
and shall be disbursed by the treasurer on the joint order of the chairman
and secretary. A failure by the board of health to file the certificate
with the county clerk in the required time shall not vitiate the
assessment.
(Source: Laws 1943, vol. 1, p. 1020.)
(70 ILCS 905/21) (from Ch. 111 1/2, par. 20.1)
Sec. 21. 
		
		Whenever any public health district first levies the tax
authorized in Section 15, it shall cause the resolution levying the tax to
be published in one or more newspapers published in the district within 10
days after the levy is made.  If no newspaper is published in the district,
the resolution shall be published in a newspaper having general circulation
within the district.  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 tax levy be submitted
to the voters of the district; (2) the time within which the petition must be
filed; and (3) the date of the prospective referendum.  The district
secretary shall provide a petition form to any individual requesting one.
Whenever a petition signed by a number of voters in the district
equal to 10% or more of the registered
voters in the district is presented to the board of health thereof requesting
that the proposition whether the tax provided for in Section 15 of this
Act, when this Section 21 is applicable, shall be levied be submitted to
the voters of the district, the board of health 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
ballot shall be, substantially, in the following form:
--------------------------------------------------------------
Shall.... public health               YES
district levy an annual tax of       -------------------------
not to exceed .1%?
NO
--------------------------------------------------------------
Notice of such election shall be given in accordance with the
provisions of the general election laws.
If a majority of those voting upon the proposition vote "Yes", the
board of health of such district shall annually levy the tax provided
for in Section 15 of this Act. If a majority of those voting upon the
proposition vote "No", the board of health of such district shall make
no annual tax levy thereafter until authorized so to do by the voters of
such district in the manner provided therefor in this Section.
(Source: P.A. 86-338; 86-1253; 87-767.)
(70 ILCS 905/22) (from Ch. 111 1/2, par. 20.2)
Sec. 22. 
		
		Whenever the board of health of any public health district
determines that it is necessary to issue bonds of the district to enable
it to provide buildings for or to make permanent improvements in the
public health offices, facilities or laboratories, the board of health
shall certify the proposition to the county clerk for
submission to the voters. Thereupon, such clerk
shall submit the proposition at an election in accordance
with the general election law.
(Source: P.A. 81-1489.)
(70 ILCS 905/23) (from Ch. 111 1/2, par. 20.3)
Sec. 23. 
		
		The proposition pursuant to
Section 22 shall be in substantially the following form:
--------------------------------------------------------------
Shall the.... public health
district issue bonds to the
amount of.... dollars for the        YES
purpose of enabling the board
of health to....(purpose to be
stated, which shall be either      --------------------------
to provide buildings for or to
make permanent improvements in         NO
the public health offices,
facilities or laboratories)?
--------------------------------------------------------------
In case a majority of the votes cast upon the proposition shall be in
favor of the issuance of such bonds, the board of health shall issue the
bonds of the district not exceeding the amount authorized by 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 five
per cent per annum, payable semi-annually, as shall be determined by the
board.
(Source: P.A. 81-1489.)
(70 ILCS 905/24) (from Ch. 111 1/2, par. 20.4)
Sec. 24. 
		
		The bonds authorized by this Act shall be sold and the proceeds
thereof used solely for the specified purpose.  At or before the time of
delivery of any bond, the board shall file with the county clerk of each
county in which the district is situated 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 board shall
levy a direct tax upon all of the taxable property within the district
sufficient to pay the principal and interest on the bonds
as and when the same respectively mature.  The certificates so filed shall
be full authority to the county clerk to extend the tax named therein upon all
the taxable property within the district.  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 received and
held by the board and expended under its direction upon the warrant of a
majority of the members.
(Source: P.A. 92-16, eff. 6-28-01.)
(70 ILCS 905/25)
Sec. 25. Discontinuance of a coterminous township. If the office of Township Assessor in a coterminous township is discontinued as provided in Articles 27 and 28 of the Township Code, then the coterminous municipality's Council members shall be the board of health for the public health district under this Act.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
(70 ILCS 905/26)
Sec. 26. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of health 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, 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.)