(60 ILCS 1/Art. 170 heading)
TOWNSHIP
(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.)
(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 purchase or otherwise, construct, improve, extend, repair, equip, and thereafter maintain and operate a public hospital, and shall a board of directors for the management and operation of the public hospital be appointed with power to levy taxes and issue bonds for hospital purposes, under Article 170 of the Township Code?
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.)
(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.)
(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.)
(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.)
(60 ILCS 1/170-30)
Sec. 170-30.
Tax; annual appropriation ordinance.
(a) The board of directors may levy a tax on all the taxable property within
the township for the purpose of maintaining and operating the public hospital
and for the purpose of repairing, improving, extending, and equipping the
public hospital. The aggregate amount of the tax for any one year, exclusive of
the amount necessary to be levied for the purpose of paying any bonded
indebtedness as authorized in this Article, shall not exceed the rate of3 mills
on each dollar of assessed value of taxable property in the township as
assessed and equalized for State and county taxes.
(b) The board of directors shall establish by resolution the beginning and
ending of its fiscal year and annually within the first quarter of the fiscal
year shall adopt an appropriation ordinance appropriating the sums of money
deemed necessary to pay the cost of operating and maintaining the public
hospital and other expenses for the hospital, specifying the objects and
purposes for which the appropriations are made.
(c) After adopting the appropriation ordinance, and on or before the second
Tuesday in September of each year, the board of directors shall ascertain the
total amount of appropriations legally made that are to be provided from the
tax levy for that year. Then, by an ordinance specifying the purposes for which
the appropriations are made, the board of directors shall levy not more than
the total amount ascertained upon all the property subject to taxation within
the township as the property is assessed and equalized for State and county
purposes. The Illinois Municipal Budget Law does not apply to the making of
appropriations by the board of directors.
(Source: Laws 1945, p. 1735; P.A. 88-62.)
(60 ILCS 1/170-35)
Sec. 170-35.
Bonds; referendum.
(a) The board of directors may borrow money and issue bonds for the purpose
of acquiring by purchase, constructing, improving, extending, repairing, or
equipping any public hospital in and for the township in any amount not to
exceed 5.75% on the valuation of taxable property in the township to be
ascertained by the last assessment for State and county taxes before the
indebtedness is incurred or, until January 1, 1983, if greater, the sum that is
produced by multiplying the township’s 1978 equalized assessed valuation by the
debt limitation percentage in effect on January 1, 1979.
(b) Whenever the board of directors desires to issue bonds under this
Article, they shall adopt a resolution for that purpose, authorizing the
issuance of the bonds, prescribing all the details of the bonds, and stating
the time or times when the principal of and the interest on the bonds shall
become payable and the place of payment of the principal and interest. The
bonds shall be payable within not less than 3 nor more than 20 years from the
date of issuance and shall be issued to bear interest at not to exceed the
greater of (i) the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, or (ii) the rate of 9% per
annum. The resolution shall provide for the levy and collection of a direct
annual tax upon all the taxable property within the corporate limits of the
township sufficient to meet the principal of and interest on the bonds as it
matures. The tax shall be in addition to and in excess of any
other tax authorized to be levied by the township.
(c) A certified copy of the resolution providing for the issuance of the
bonds shall be filed with the county clerk of the county in which the township
is located and shall constitute the basis and authority of the county clerk for
the extension and collection of the tax necessary to pay the principal of and
interest upon the bonds issued under the resolution.
(d) No resolution providing for the issuance of bonds under this Article
shall be effective until it has been certified to the proper election
officials, who shall then submit the resolution to a referendum of the electors
of the township in accordance with the general election law. The election
shall be conducted and notice given in accordance with the general election
law. If a majority of those voting upon the proposition at the election vote in
favor of issuing the bonds, the resolution shall immediately become effective.
(e) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 88-62.)
(60 ILCS 1/170-40)
Sec. 170-40.
Rules and regulations for operation of hospital.
(a) Every public hospital established under this Article shall be maintained
for the benefit of the inhabitants of the township by which it is established
who are sick, injured, or maimed, but every inhabitant of the township who is
not a pauper shall pay to the board of directors or to a designated employee of
the board reasonable compensation for occupancy, nursing, care, medicine, or
attendance, according to the rules and regulations prescribed by the board. The
public hospital shall always be subject to reasonable rules and regulations
adopted by the board of directors to render the use of the hospital of the
greatest benefit to the greatest number. The board of directors may exclude
from the use of the hospital all inhabitants and persons who wilfully violate
any of the reasonable rules and regulations established by the board. The board
of directors may extend the privileges and use of the public hospital to
persons residing outside of the township upon terms and conditions prescribed
by the board of directors in its rules and regulations.
(b) When a public hospital is established and in operation, the physicians,
nurses, attendants, patients, and all persons approaching or coming within the
limits of the public hospital, and all furniture and other articles used or
brought there, shall be subject to rules and regulations prescribed by the
board of directors.
(Source: Laws 1945, p. 1735; P.A. 86-739; 88-62.)
(60 ILCS 1/170-45)
Sec. 170-45.
Donated property.
Any person desiring to donate property for
the benefit of a public hospital may vest title to the property donated in the
board of directors. The board of directors shall hold and control the property
according to the terms of the deed, gift, or legacy and shall be a trustee of
the property. The board of directors shall take title to all property it may
acquire in the name of the township and shall control that property for the
purposes provided in this Article.
(Source: P.A. 83-388; 88-62.)
(60 ILCS 1/170-50)
Sec. 170-50.
Revenue bonds.
(a) The board of directors may issue and sell revenue bonds payable from the
revenue derived from the operation of the hospital for the purpose of (i)
constructing, reconstructing, repairing, remodeling, extending, equipping,
improving, and acquiring a site or sites for a hospital building or buildings
or (ii) refunding any revenue bonds previously issued from time to time
in relation to the operation of the hospital when deemed necessary or
advantageous in the public interest. These bonds shall be authorized by a
resolution without submission of the resolution to the electors of the
township, shall mature at a time not to exceed 40 years from the date of issue
and bear a rate of interest not to exceed the greater of (i) the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the making
of the contract, or (ii) 9% per annum, payable annually or semi-annually as the
board of directors may determine, and may be sold by the board of directors in
the manner they deem best in the public interest. The bonds shall, however, be
sold at a price so that the interest cost of the proceeds from the sale will
not exceed the greater of (i) the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract, or
(ii) 9% per annum based on the average maturity of the bonds and computed
according to standard tables of bond values.
(b) With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989, it is and always has been the
intention of the General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments in accordance with
the Omnibus Bond Acts, regardless of any provision of this Article that may
appear to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary authority
granted by the Omnibus Bond Acts, and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Article that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 86-4; 88-62.)
(60 ILCS 1/170-55)
Sec. 170-55.
Resolution describing building and site.
(a) The board of directors of any hospital availing itself of the provisions
of Section 170-50 shall adopt a resolution describing in a general way the
building or buildings (or addition or extension to the building or buildings)
to be constructed, reconstructed, repaired, remodeled, extended, equipped, or
improved and the site or sites to be acquired. The resolution shall set out
the estimated cost of the construction, reconstruction, repair, remodeling,
extension, equipment, improvement, or acquisition and fix the amount of revenue
bonds proposed to be issued and the maturity, interest rate, and all details
concerning the bonds. The resolution may contain provisions and covenants that
shall be part of the contract between the board of directors and the holders of
the bonds deemed necessary and advisable as to the operation, maintenance, and
management of the hospital, including (i) the establishment and maintenance of
sinking funds, reserve funds, and other special funds, including construction
funds; (ii) the fixing and collecting of rents, fees, and charges for the use
of the facilities of the hospital sufficient to produce revenue adequate to
maintain the funds and to pay the bonds at maturity and accruing interest on
the bonds; (iii) the issuance thereafter of additional bonds payable from the
revenues derived from the hospital; (iv) the kind and amount of insurance,
including use and occupancy insurance, to be carried, the cost of which shall
be payable only from the revenues derived from the hospital; and (v) other
covenants deemed necessary or desirable to assure the successful operation and
maintenance of the hospital and the prompt payment of the principal and
interest upon the bonds authorized.
(b) Revenue bonds issued under this Article shall be signed by the chairman
of the board of directors and the secretary of the board of directors and shall
be payable from revenue derived from the operation of the hospital. These
bonds shall not in any event constitute an indebtedness of the hospital or the
township within the meaning of any constitutional or statutory provision or
limitation. It shall be plainly written or printed on the face of each bond (i)
that the bond has been issued under the provisions of this Article, (ii) that
the bond, including the interest on the bond, is payable from the revenue
pledged to the payment of the principal of and interest on the bond, and (iii)
that it does not constitute an indebtedness or obligation of the hospital or
township within the meaning of any constitutional or statutory provision or
limitation. No holder of any revenue bond issued under this Article has the
right to compel any exercise of the taxing power of the hospital or township to
pay the bond or interest on the bond.
(Source: P.A. 82-230; 88-62.)
(60 ILCS 1/170-60)
Sec. 170-60.
Redemption of bonds.
Revenue bonds issued under Section 170-50
may be redeemed by the hospital issuing them on terms, at a time, upon notice
and with or without a premium as provided in the resolution authorizing them.
(Source: P.A. 82-230; 88-62.)
(60 ILCS 1/170-65)
Sec. 170-65. Dissolution of the Wood River Township Hospital.
(a) Dissolution.
- (1) The Wood River Township Hospital is dissolved 180 days after the effective date of this amendatory Act of the 98th General Assembly.
- (2) In the 180-day period prior to dissolution, the hospital board shall be vested with the powers to wrap up the affairs of the closed hospital under subsection (b) of this Section, and to transfer any remaining hospital funds under subsection (c) of this Section.
(b) Wrapping up the affairs of the Wood River Township Hospital.
- (1) Within the first 10 business days of the 180-day period provided in paragraph (2) of subsection (a) of this Section, the chairman of the hospital board shall cause an audit of all claims against the Wood River Township Hospital, all receipts of the Wood River Township Hospital, the inventory of all real and personal property owned by the Wood River Township Hospital or under its control or management, and any debts owed by the Wood River Township Hospital. The chairman may, at his or her discretion, undertake any other audit of the Wood River Township Hospital. The person or entity conducting such audit shall report the findings of the audit to the hospital board within 30 days.
- (2) Following the return of the audit provided in paragraph (1) of this subsection, the hospital board shall:
- (i) Pay the debts, obligations, and liabilities of the Wood River Township Hospital that are outstanding upon completion of the audit in paragraph (1) of this subsection and all necessary expenses of closing up the affairs of the Wood River Township Hospital.
- (ii) Enter into an agreement with a hospital within Madison County to ensure all patient records are properly transferred. If no hospital in Madison County is able or willing to accept the records, the records may be transferred to a hospital within a neighboring county contiguous to Madison County. The Wood River Township Hospital will be responsible for paying a reasonable service fee to the hospital that accepts and retains records pursuant to this subsection. Following successful transfer of the patient records, the receiving hospital shall retain and destroy the transferred patient records in accordance with the receiving hospital’s record retention schedule and policies.
- (iii) Sell the property of the Wood River Township Hospital if any excess remains after all the liabilities of the Wood River Township Hospital are paid.
(c) Transfer of surplus funds. If any funds are available, the hospital board shall transfer, no later than 10 business days prior to the conclusion of the 180-day period provided in subsection (a) of this Section, all surplus funds, if any, to the Madison County Treasurer to be maintained in the Wood River Township Hospital Fund and be disposed of pursuant to subsection (d) of this Section.
If any liabilities remain, the funds available shall be set apart by the Madison County Treasurer and held for the purpose of retiring such liabilities.
(d) Payment of remaining liabilities and disposal of surplus funds. The Madison County Clerk shall pay any remaining liabilities of the Wood River Township Hospital from the Wood River Township Hospital Fund. After all the liabilities of the Wood River Township Hospital are paid, the Madison County Clerk shall distribute any funds remaining in the Wood River Township Hospital Fund to the property owners in Wood River Township as of the date of dissolution of Wood River Township Hospital. The distribution shall be proportional to the assessed value of the property in the 2005 levy year.
(e) Outstanding indebtedness.
- (1) In the event that the Wood River Township Hospital has notes outstanding which are a lien on funds available in the Wood River Township Hospital Fund at the time of dissolution, such lien shall be unimpaired by such dissolution and the lien shall continue in favor of the note holders.
- (2) In the event that the Wood River Township Hospital has unsecured debts outstanding at the time of dissolution, any funds in the Wood River Township Hospital Fund or otherwise available and not committed shall, to the extent necessary, be applied to the payment of such debts.
- (3) Madison County may levy a tax, on behalf of the Wood River Township Hospital, upon all taxable real property located in Wood River Township for the purpose of paying the outstanding debts and obligations of the Wood River Township Hospital.
(f) Tax collection and enforcement. The dissolution of the Wood River Township Hospital shall not adversely affect proceedings for the collection or enforcement of any tax. Those proceedings shall continue to finality as though no dissolution had taken place. The proceeds thereof shall be paid over to the Madison County Treasurer to be transferred pursuant to subsection (c) of this Section. Proceedings to collect and enforce such taxes may be instituted and carried on in the name of the Wood River Township Hospital.
(g) Litigation. All suits pending in any court on behalf of or against the Wood River Township Hospital may be prosecuted or defended in the name of Madison County by the State’s attorney. All judgments obtained for the Wood River Township Hospital shall be collected and enforced by Madison County and transferred and disposed of pursuant to subsections (c) and (d) of this Section respectively.
(Source: P.A. 98-590, eff. 11-13-13.)