LAWS. ORGANIZATION, JURISDICTION AND POWERS. AN ACT to create and establish a Board of Health in the State of Illinois. Approved May 28, in force July 1, 1877. Laws 1877, p. 208. 20. State Board of Health, Appointment, Term of Office, Vacancies. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Governor, with the advice and consent of the Senate, shall appoint seven persons, who shall constitute the Board of Health. The persons so appointed shall hold their offices for seven years: Provided, that the terms of office of the seven first appointed shall be so arranged that the term of one shall expire on the thirtieth day of December of each year; and the vacancies so created, as well as all vacancies occurring otherwise, shall be filled by the Governor, with the advice and consent of the Senate: And provided, also, that appointments made when the Senate is not in session may be confirmed at its next ensuing session.' 21. Powers and Duties, Generally. 5 SEC. 2. The State Board of Health shall have the general supervision of the interests of the health and lives of the people of the State. They shall have supreme authority in matters of quarantine, and may declare and enforce quarantine when none exists, and may modify or relax quarantine when it has been established. The board shall have authority to make such rules and regulations and such sanitary investigations as they may from time to time deem necessary for the preservation and improvement of the public health, and they are empowered to regulate the transportation of the remains of deceased persons. It shall be the duty of all local boards of health, health authorities and officers, police officers, sheriffs, constables and all other officers and employees of the State or any county, village, city or township thereof, to enforce the rules and regulations that may be adopted by the State Board of Health. It shall be the duty of the State Board of Health to investigate into the cause of dangerously contagious or infectious diseases, especially when existing in epidemic form, and to take means to restrict and suppress the same, and whenever any dangerously contagious or infectious disease shall become, or threaten to become epidemic, in any village or city, and the local board of health or local authorities shall neglect or refuse to enforce efficient measures for its restriction or suppression or to act with sufficient promptness or efficiency, or whenever the local board of health or local authorities shall neglect or refuse to promptly enforce efficient measures for the restriction or suppression of dangerously contagious or infectious diseases, the State Board of Health or their secretary, as their executive officer, when the board is not in session, may enforce such measures as the said board or their execu 3 The Civil Administrative code repealed this section by implication. The general terms employed in this section are restricted by the more specific powers and duties conferred upon the Board by the act as a whole. Potts v. Breen (1897), Ill. 167, 67, 71. 5 The State Board of Health, under the act of May 28, 1877 had no power by rule hav ing a general application and the force of law, in the absence of actual or threatened epidemic of small-pox, to require the vaccination of children as a condition precedent to their admission to public schools. Potts v. Breen (1897), 167 Ill. 67, 76. Nor has a municipality by ordinance the power to exclude unvaccinated children from public schools under the same circumstances. Lawbaugh v. Board of Education (1899), 177 Ill. 572. tive officer may deem necessary to protect the public health, and all necessary expenses so incurred shall be paid by the city or village for which services are rendered. The State Board of Health may establish and maintain a chemical and bacteriologic laboratory for the examination of public water supplies, and for the diagnosis of diphtheria, typhoid fever, tuberculosis, malarial fever and such other diseases as they may deem necessary for the protection of the public health." (Amended by Act filed May 18, in force July 1, 1907. L. 1907, p. 537.) 22. Births and Deaths, Registration, Legislation. SEC. 3. The Board of Health shall have supervision of the State system of registration of births and deaths, as hereinafter provided; they shall make up such forms, and recommend such legislation as shall be deemed necessary for the thorough registration of vital and mortuary statistics throughout the State. The secretary of the board shall be the superintendent of such registration. The clerical duties, and the safe keeping of the bureau of vital statistics thus created, shall be provided by the Secretary of State. (Sections 4 to 6 are repealed.) 23. Rules and Regulations, Violation, Penalty. SEC. 7. Any person who violates or refuses to obey any rule or regulation of said State Board of Health shall be liable to a fine not to exceed $200.00 for each offense or imprisonment in the county jail not exceed (ing) six months, or both, in the discretion of the court. All prosecutions and proceedings instituted by the State Board of Health for violation of their rules and regulations shall be instituted by the board or by their executive officer, and it shall be the duty of the State's Attorney in each county to prosecute all persons in his county violating or refusing to obey the rules and regulations of the State Board of Health." All fines or judgments collected or received shall be paid over to the State Treasurer and credited to the fund created for the support of the State Board of Health. (Amended by Act above.) 24. Vital Statistical Registers, Annual Report. SEC. 8. The county clerks of the several counties in the State shall be required to keep separate books for the registration of the names and postoffice address of physicians and accouchers, for births, for marriages, and for deaths; said books shall always be open to inspection without fee; and said county clerks shall be required to render a full and complete report of all births, marriages and deaths to the secretary of the board of health, annually, and at such other times as the board may direct. 25. Vital Statistics, Forms. SEC. 9. It shall be the duty of the board of health to prepare such forms for the record of births, marriages and deaths, as they may deem proper; the said forms to be furnished by the secretary of said board, to the county clerks of the several counties, whose duty it shall be to furnish them to such persons as are herein required to make reports. 26. Organization, By-Laws, Meetings. SEC. 10. The first meeting of the board shall be within fifteen days after their appointment, and thereafter in January and June of each year, and at The Civil Administrative code partially repealed this section. It is made the duty of State's attorneys of the respective counties to prosecute violations of the rules and regulations of the State Board of Health and said Board has no power or authority to employ attorneys for the purpose. Fergus v. Russel (1915), 270 II. 304, 275; Sec. 7, Chap. 126a Hurd's Statutes 191518. 8 An undertaker's report of death is no part of the records kept by the county clerk under section 8 of the act of May 28, 1877 and is inadmissible in evidence as a document required to be kept by statute. Life Ins. Co. v. Meyer (1905), 155, 160. Globe Mutual 118 Ill. App. such other times as the board shall deem expedient. The meeting in January of each year shall be in Springfield. A majority shall constitute a quorum. They shall choose one of their number to be president, and they may adopt rules and by-laws for their government, subject to the provisions of this Act." 27. Executive Officer, Salary and Expenses, Duties, Members' Compensation. SEC. 11. They shall elect a secretary who shall be the executive officer of said board, and he shall perform such duties as may be prescribed by this Act and by said board. The salary of the secretary and executive officer for the month of January, 1916, shall be $3,150, and thereafter shall be $5,400 per annum payable in monthly installments, and shall receive no other salary or compensation, provided always that he shall receive his traveling and other expenses incurred in the performance of his official duties. The other members of the board shall receive no compensation for their services, except such compensation as is provided under section 3b of an act entitled, "An Act to regulate the practice of medicine in the State of Illinois and to repeal an Act therein named," approved April 24, 1899, in force July 1, 1899, as subsequently amended; but their traveling and other expenses, while employed on business of the board, shall be paid. The traveling and other expenses of the secretary shall be paid on vouchers approved by the president of the board, and the Auditor of Public Accounts shall draw his warrant on the Treasurer for the amount. (Amended by Act approved and in force December 3, 1915. L. S. S. 1915, p. 37.) 28. Annual Reports, Requisites. SEC. 12. It shall be the duty of the Board of Health to make an annual report, through their secretary, or otherwise, in writing, to the Governor of this State, on or before the first day of January of each year; and such re port shall include so much of the proceedings of the board, and such informa tion concerning vital statistics; such knowledge respecting diseases, and such instruction on the subject of hygiene, as may be thought useful by the board, for dissemination among the people, with such suggestions as to legislative action, as they may deem necessary. SEC. 13. (Appropriation in 1877.) SEC. 14. (Rooms or Quarters.) 29. Lodging Houses, Etc., Supervision and Inspection, Penalty. SEC. 15. The State Board of Health shall have supervision of all lodging houses, boarding houses, taverns, inns, and hotels, in cities of one hundred thousand inhabitants or more, as hereinafter provided. They shall from time to time inspect, or cause to be inspected, all such lodging houses, boarding houses, taverns, inns and hotels, to see that the provisions of this Act are duly and properly observed by the landlords, proprietors, keepers, managers and clerks, of such lodging houses, boarding houses, taverns, inns and hotels; and any landlord, proprietor, keeper, manager, clerk, employee, or other person connected with any such lodging house, boarding house, tavern. inn, or hotel, who shall interfere with or obstruct any such inspection, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $100.10 (Amended by Act approved May 10, in force July 1, 1901. L. 1901, p. 304.) 30. Sleeping Rooms, Size, Space Between Beds, Ventilation, Penalty. SEC. 16. It shall be unlawful for any landlord, proprietor, keeper, manager or clerk of any lodging house, boarding house, tavern, inn or hotel, to permit any room in such lodging house, boarding house, tavern, inn or hotel. to be used or occupied for sleeping purposes, which does not contain four: hundred (400) cubic feet or more of air space for each person sleeping The Civil Administrative code repealed this section and sections 11 and 12 by implication. 10 Before the amendment of this and the following section in 1901, the provisions of this Act referred solely to lodging houses and were therefore held invalid as class legisla Bailey v. People (1901), 190 II. 28. tion. therein at the same time; and in every room in any lodging house, boarding house, tavern, inn or hotel, containing more than one bed, the beds shall be so arranged as to leave a passageway of not less than two feet horizontally on all sides of each bed; and all beds shall be so arranged that under each of them the air shall freely circulate, and there be adequate ventilation. Any landlord, proprietor, keeper, manager, clerk, employee, or other person connected with any lodging house, boarding house, tavern, inn or hotel, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $100, nor less than $25. (Amended by Act above.) 31. Lodging House, Register, Inspection, Penalty. SEC. 17. The landlord, proprietor, keeper, manager, or clerk, of every such lodging house, boarding house, tavern, inn or hotel, shall keep in the office, or other public place therein, a register, in which shall be entered the name and residence of every person who becomes a lodger, boarder or guest in said lodging house, boarding house, tavern, inn or hotel, and such register shall also show the number of the room or bed occupied by such person, and shall show the date of his arrival, and the period for which he engaged board or lodging. Such register shall always be accessible, without charge, to any officer or duly authorized agent of said State Board of Health. Any landlord, proprietor, keeper, manager or clerk, of such lodging house, boarding house, tavern, inn or hotel, violating any of the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of not less than $25, and not to exceed $100. (Amended by Act above.) 32. Annual Statements, Contents, Forms, Filing, Penalty. SEC. 18. Within thirty days from the date upon which this Act shall take effect, and upon the first day of March, of each succeeding year, the landlord, proprietor, keeper, or manager, of every such lodging house, boarding house, tavern, inn or hotel, shall file with the county clerk of the county in which such lodging house, boarding house, tavern, inn or hotel is located, a written statement, sworn to by him; which statement shall contain the name of the person making the statement; whether such person is the landlord, proprietor, keeper or manager, of such lodging house, boarding house, tavern, inn, or hotel; the location of such lodging house, boarding house, tavern, inn or hotel, according to the city, street and number; the period of time during which such person has been the landlord, proprietor, keeper or manager, of such lodging house, boarding house, tavern, inn or hotel; the period of time during which such lodging house, boarding house, tavern, inn or hotel has been continuously operated as such; the number of guests or persons then stopping in said lodging house, boarding house, tavern, inn or hotel; the greatest number of persons who stopped in said lodging house, boarding house, tavern, inn or hotel, upon any day within the thirty days immediately preceding the date of such sworn statement; the smallest number of persons upon any day within said period of thirty days; the total number of rooms contained in such lodging house, boarding house, tavern, inn or hotel; the number of sleeping rooms contained in such lodging house, boarding house, tavern, inn or hotel; the length and breadth of the building in which such lodging house, boarding house, tavern, inn or hotel is located; the number of stories comprised in such building; the number of stories and parts of stories, in such building, occupied by such lodging house, boarding house, tavern, inn or hotel; the complete dimensions, in feet, respectively, of the smallest and largest sleeping room contained in such lodging house, boarding house, tavern, inn or hotel, and the number of beds contained in said largest sleeping room. Such statement shall be made upon blanks furnished to the county clerk by the State Board of Health, for that purpose. Any landlord, proprietor, keeper or manager, of any lodging house, boarding house, tavern, inn or hotel who fails or refuses to make and file, within and at the time herein mentioned, the statement required by this section to be made, shall be guilty of a misdemeanor, and, upon conviction shall be punished by a fine of not less than $25, nor more than $100. (Amended by Act above.) 33. Anti-toxin, Distribution, Agents, Expenses. SEC. 20. It shall be the duty of the board of health of the State of Illinois to appoint one agent in the county seat of each county in the State who shall have for distribution, as herein provided, diphtheria anti-toxin, certified to by the board of health of the State of Illinois, it being the duty of such agents to sell such anti-toxin at a fair and reasonable price to all physicians and others applying for and needing the same, unless the person applying for and needing the same shall be unable to purchase the same, in which case such anti-toxin shall be furnished on an order from the overseer of the poor or supervisor of township, to be paid for by the respective coun ties in which such order is made. And, provided, further, that more than one agent may be appointed in counties where necessary for the convenience of the people, at the discretion of the board of health of the State of Illinois: Providing, further, that any necessary expense incurred by the board of health of the State of Illinois, in the appointment of agents and in supplying such anti-toxin shall be paid from the funds appropriated for the making of investigations and the prevention of the spread of diphtheria and other contagious diseases: Providing, further, that the board of health of the State of Illinois be and is hereby authorized to make such rules and regu lations as may be necessary to carry out the provisions of this section. (Added by amendment by Act approved May 13, in force July 1, 1905. L. 1905, p. 387.) AN ACT to create and establish boards of health in counties not under town ship organization and in townships in counties under township organiza tions outside of the corporate limits of incorporated cities and villages to prescribe their duties and powers and provide for enforcing the same. Approved May 20, in force July 1, 1901. L. 1901, p. 91. 34. Boards of Health, County and Township, Creation, Quarantine Rules, and Regulations, State Board of Health. SECTION 1. The board of county commissioners in counties not under township organization, and the supervisor, assessor and town clerk of every town in counties under township organization, shall constitute a board of health, and on the breaking out of any dangerously communicable diseases in their county or town, or in the immediate vicinity thereof, it shall be their duty to make and enforce such rules and regulations tending to check the spread of the disease within the limits of such county or town as may be necessary; and for this purpose they shall have power to quarantine any house or houses or place where any infected person may be, and cause no. tices of warning to be put thereon, and to require the disinfection of the house or place: Provided, that nothing in this Act shall apply to any terri, tory lying within the corporate limits of any incorporated city or village: Provided, further, that in case the board of health in any county not under township organization, or of any township in counties under township organ ization shall fail, refuse or neglect to promptly take the necessary measures to preserve the public health, or in case any such board of health shall refuse or neglect to carry out the rules and regulations of the State Board of Health, that thereupon the State Board of Health may discharge such duties and collect from the county or township, as the case may be, the reasonable costs, charges and expenses incurred thereby. (Amended by Act approved May 16, in force July 1, 1903. L. 1903, p. 136.) 35. Powers and Duties, Generally. SEC. 2. The said boards of health shall have the following powers: First-To do all acts, make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. Second-To appoint physicians as health officers and prescribe their duties. Third-To incur the expenses necessary for the performance of the du ties and powers enjoined upon the board. Fourth-To provide gratuitous vaccination and disinfection. |