SB2879 93RD GENERAL ASSEMBLY

LRB093 20674 MKM 46542 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2879

Introduced 2/6/2004, by Edward D. Maloney

SYNOPSIS AS INTRODUCED:

See Index

Amends the Mosquito Abatement District Act. Provides that, notwithstanding any other provision of law, (i) the North Shore Mosquito Abatement District and the South Cook County Mosquito Abatement District are abolished on January 1, 2005, (ii) no new mosquito abatement districts may be organized on or after January 1, 2005 in Cook County, and (iii) the assets, liabilities, rights, powers, duties, and functions, including the taxing authority, of the North Shore Mosquito Abatement District are assumed by the Northwest Mosquito Abatement District; the assets, liabilities, rights, powers, duties, and functions, including the taxing authority, of the South Cook County Mosquito Abatement District are assumed by the Des Plaines Valley Mosquito Abatement District, and the City of Chicago for any part of the District that lies in the City of Chicago. Authorizes the appointment of 2 additional trustees to the Northwest and the Des Plaines Valley mosquito abatement districts and requires the Districts to pay a supplemental stipend of $3,000 per year to each of the trustees. Amends the Township Code to provide that no new mosquito abatement districts may be created under the Code in counties with a population of 3,000,000 or more on or after January 1, 2005. Provides that the board of trustees of any mosquito abatement district shall conduct routine surveillance of mosquitoes to detect the presence of mosquito-borne diseases. Provides that the district must report results of any positive mosquito samples infected with any and all arboviral infections to the director of environmental health of the local certified public health department, or his or her designee, within 24 hours of receiving the result. Provides penalties for failure to comply. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning mosquito abatement districts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mosquito Abatement District Act is amended by changing Sections 5 and 8 and adding Sections 0.02, 0.03, 0.04, 0.05, 0.06, 0.07, 0.08, 0.09, 0.10, 0.11, 0.12, and 5.1 as follows:

(70 ILCS 1005/0.02 new)

Sec. 0.02. Purpose. It is the purpose of this amendatory Act of the 93rd General Assembly to abolish the North Shore Mosquito Abatement District and to transfer all its assets, liabilities, rights, powers, duties, and functions, including the eradication of the West Nile Virus, to the Northwest Mosquito Abatement District. It is also the purpose of this amendatory Act of the 93rd General Assembly to abolish the South Cook County Mosquito Abatement District and to transfer to the Des Plaines Valley Mosquito Abatement District, or, in the case of territory lying in the City of Chicago, to the City of Chicago, all it's assets, liabilities, rights, powers, duties, and functions, including the eradication of the West Nile Virus.

(70 ILCS 1005/0.03 new)

Sec. 0.03. Districts abolished; assets, liabilities, rights, powers, duties, and functions assumed. Notwithstanding any other provision of law, including any other provision of this Act, the North Shore Mosquito Abatement District and the South Cook County Mosquito Abatement District are abolished on January 1, 2005. In counties with a population of 3,000,000 or more, no new mosquito abatement districts may be organized on or after January 1, 2005. On January 1, 2005, the Northwest Mosquito Abatement District shall assume all assets, liabilities, rights, powers, duties, and functions, including the eradication of the West Nile Virus, of the North Shore Mosquito Abatement District. On January 1, 2005, the Des Plaines Valley Mosquito Abatement District shall assume all assets, liabilities, rights, powers, duties, and functions, including the eradication of the West Nile Virus, of the South Cook County Mosquito Abatement District, except with respect to that the part of the South Cook County Mosquito Abatement District that lies in the City of Chicago, which shall be assumed by the City of Chicago.

(70 ILCS 1005/0.04 new)

Sec. 0.04. Mosquito abatement districts expanded. Notwithstanding any other provision of this Act to the contrary, beginning on January 1, 2005 the territory of the Northwest Mosquito Abatement District shall consist of the territory of the District as it existed on December 31, 2004 plus the territory of the North Shore Mosquito Abatement District as it existed on December 31, 2004. Notwithstanding any other provision of this Act to the contrary, beginning on January 1, 2005 the territory of the Des Plaines Valley Mosquito Abatement District shall consist of the territory of the District as it existed on December 31, 2004 plus the territory of the South Cook County Mosquito Abatement District as it existed on December 31, 2004, except with respect to that the part of the South Cook County Mosquito Abatement District that lies in the City of Chicago on December 31, 2004, which shall be assumed by the City of Chicago.

(70 ILCS 1005/0.05 new)

Sec. 0.05. Transfer of property.

(a) Effective January 1, 2005, all books, records, documents, property (real and personal), unexpended appropriations, and pending business of the North Shore Mosquito Abatement District shall be transferred and delivered to the Northwest Mosquito Abatement District. Effective January 1, 2005, all books, records, documents, property (real and personal), unexpended appropriations, and pending business of the South Cook County Mosquito Abatement District shall be transferred and delivered to the Des Plaines Valley Mosquito Abatement District, or, in the case of any part of the South Cook County Mosquito Abatement District that lies in the City of Chicago, to the City of Chicago.

(b) With respect to the assets, liabilities, rights, powers, duties, and functions of the South Cook County Mosquito Abatement District abolished by this amendatory Act of the 93rd General Assembly, the decision on which books, records, documents, property (real and personal), unexpended appropriations, and pending business shall be transferred to the Des Plaines Valley Mosquito Abatement District and which shall be transferred to the City of Chicago shall be made by giving consideration to the proportionate percentage of territory transferred to the Des Plaines Valley Mosquito Abatement District and the proportionate percentage transferred to the City of Chicago.

(70 ILCS 1005/0.06 new)

Sec. 0.06. Tax levies for assumed mosquito abatement districts.

(a) With respect to the territory of the North Shore Mosquito Abatement District abolished by this amendatory Act of the 93rd General Assembly, the Northwest Mosquito Abatement District shall have the power and authority to levy and collect such taxes at such rates as shall have been previously authorized, levied, and collected by the North Shore Mosquito Abatement District

(b) With respect to the territory of the South Cook County Mosquito Abatement District abolished by this amendatory Act of the 93rd General Assembly and assumed by the Des Plaines Valley Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District shall have the power and authority to levy and collect such taxes at such rates as shall have been previously authorized, levied, and collected by the South Cook County Mosquito Abatement District.

(70 ILCS 1005/0.07 new)

Sec. 0.07. City of Chicago tax levy. In the case of territory of the South Cook County Mosquito Abatement District abolished by this amendatory Act of the 93rd General Assembly that lies in the City of Chicago, the City of Chicago shall have the power and authority to levy and collect such taxes at such rates as shall have been previously authorized, levied, and collected by the South Cook County Mosquito Abatement District with respect to that territory for mosquito abatement purposes and for other emerging public health threats.

(70 ILCS 1005/0.08 new)

Sec. 0.08. Ordinances, orders, and resolutions.

(a) On January 1, 2005, the ordinances, orders, and resolutions of a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly that were in effect on December 31, 2004 and pertain to the assets, liabilities, rights, powers, duties, and functions transferred to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago under this amendatory Act of the 93rd General Assembly shall become, with respect to that territory, the ordinances, orders, and resolutions of the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, and shall continue in effect until amended or repealed.

(b) Any ordinances, orders, or resolutions pertaining to the assets, liabilities, rights, powers, duties, and functions transferred to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago under this amendatory Act of the 93rd General Assembly that have been proposed by a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly but have not taken effect or been finally adopted by December 31, 2004 shall become, with respect to that territory, the proposed ordinances, orders, and resolutions of the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, on January 1, 2005, and any procedures that have already been completed by a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly for those proposed ordinances, orders, or resolutions need not be repeated.

(c) As soon as practical after January 1, 2005, the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, and the City of Chicago shall revise and clarify the ordinances, orders, and resolutions transferred to them under this amendatory Act of the 93rd General Assembly to reflect the reorganization of assets, liabilities, rights, powers, duties, and functions effected by this amendatory Act of the 93rd General Assembly. The Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, may propose and adopt such other ordinances, orders, or resolutions as may be necessary to consolidate and clarify the ordinances, orders, and resolutions assumed under this amendatory Act of the 93rd General Assembly.

(70 ILCS 1005/0.09 new)

Sec. 0.09. Cross references. Beginning on January 1, 2005, all references in other statutes, however phrased, to a mosquito abatement district abolished under this amendatory Act of the 93rd General Assembly shall be references to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, in its capacity as successor to a mosquito abatement district abolished under this amendatory Act of the 93rd General Assembly.

(70 ILCS 1005/0.10 new)

Sec. 0.10. Savings provisions.

(a) The assets, liabilities, rights, powers, duties, and functions transferred to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago by this amendatory Act of the 93rd General Assembly shall be vested in the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, subject to the provisions of this amendatory Act of the 93rd General Assembly. An act done by a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly or an officer, employee, or agent of the abolished district with respect to the transferred assets, liabilities, rights, powers, duties, or functions shall have the same legal effect as if done by the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, or an officer, employee, or agent of the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate.

(b) The transfer of assets, liabilities, rights, powers, duties, and functions under this amendatory Act of the 93rd General Assembly does not invalidate any previous action taken by or in respect to a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly or its officers, employees, or agents. References to an abolished mosquito abatement district or its officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, or its officers, employees, or agents.

(c) The transfer under this amendatory Act of the 93rd General Assembly of assets, liabilities, rights, powers, duties, and functions of a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred assets, liabilities, rights, powers, duties, and functions.

(d) With respect to matters that pertain to an asset, liability, right, power, duty, or function transferred to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago under this Act:

(1) Beginning January 1, 2005, a report or notice that was previously required to be made or given by any person to a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly or any of its officers, employees, or agents shall be made or given in the same manner to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, or its appropriate officer, employee, or agent.

(2) Beginning January 1, 2005, a document that was previously required to be furnished or served by any person to or upon a mosquito abatement district abolished by this amendatory Act of the 93rd General Assembly or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate, or its appropriate officer, employee, or agent.

(e) This amendatory Act of the 93rd General Assembly does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before January 1, 2005. Any such action or proceeding that pertains to an asset, liability, right, power, duty, or function transferred to the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago under this amendatory Act of the 93rd General Assembly and that is pending on that date may be prosecuted, defended, or continued by the Northwest Mosquito Abatement District, the Des Plaines Valley Mosquito Abatement District, or the City of Chicago, as appropriate.

(70 ILCS 1005/0.11 new)

Sec. 0.11. Disputes. Any disputes that arise as a result of the abolishment of a mosquito district and the assumption of the assets, liabilities, rights, powers, duties, and functions of the abolished district shall be resolved by an appropriate action commenced in the circuit court.

(70 ILCS 1005/0.12 new)

Sec. 0.12. Stipend. The Northwest Mosquito Abatement District and the Des Plaines Valley Mosquito Abatement District shall pay each of the members of the board of trustees of the respective district a stipend of $3,000 per year as compensation for the additional duties undertaken as a result of this amendatory Act of the 93rd General Assembly.

(70 ILCS 1005/5) (from Ch. 111 1/2, par. 78)

Sec. 5. Within 60 days after the organization of any mosquito abatement district under the provisions of this Act a board of trustees, consisting of 5 members, except as provided in Section 5.1, for the government and control of the affairs and business of such mosquito abatement district shall be appointed in the following manner:

(1) If the district lies wholly within a single township, the board of trustees of that township shall appoint the trustees for the district but no township official is eligible for such appointment;

(2) If the district is not contained wholly within a single township, but is located wholly within a single county, the trustees for the district shall be appointed by the presiding officer of the county board with the advice and consent of the county board;

(3) If the district lies wholly within a municipality, the governing body of the municipality shall appoint trustees for the district;

(4) If the district does not conform to any of the foregoing classifications, the trustees for the district shall be from each county in the district in numbers proportionate, as nearly as practicable, to the number of residents of the district who reside in each county in relation to the total population of the district. Trustees shall be appointed by the county board of their respective counties, or in the case of a home rule county as defined by Article VII, Section 6 of the Illinois Constitution, by the chief executive officer of that county with the advice and consent of the county board.

Upon the expiration of the term of a trustee who is in office on the effective date of this amendatory Act of 1975 or at the time of the publication of each decennial Federal census of population, the successor shall be a resident of whichever county is entitled to such representation in order to bring about the proportional representation required herein, and he shall be appointed by the appointing authority of that county. Thereafter, each trustee shall be succeeded by a resident of the same county who shall be appointed by the same appointing authority. Of the trustees thus appointed 3 shall hold office until the second Monday in December after the next succeeding general election for members of the General Assembly and 2 shall hold office until the second Monday in December, 2 years after the next succeeding general election for members of the General Assembly, and until their successors are appointed and qualified. Thereafter the trustees of the district shall be appointed in every year in which the term of any of the trustees expires and shall hold office for 4 years and until their successors are appointed and qualified. Each trustee shall be a legal voter in the district, and such trustees shall serve without compensation, except as provided in Section 0.12.

Whenever a vacancy occurs in the board of trustees the appropriate appointing authority shall appoint some person to fill the remainder of the unexpired term.

(Source: P.A. 82-783.)

(70 ILCS 1005/5.1 new)

Sec. 5.1. Additional trustees. As soon as practical after January 1, 2005, the President of the Cook County Board shall appoint 2 additional members to the board of trustees of the Northwest Mosquito Abatement District and the Des Plaines Valley Mosquito Abatement District, respectively. The trustees appointed under this Section shall hold office until the second Monday in December 2006 and until their successors are appointed and qualified. Thereafter a trustee shall be appointed under this Section in every year in which the term of a trustee appointed under this Section expires and shall hold office for 4 years and until his or her successor is appointed and qualified.

If this Section conflicts with any other provision of this Act, this Section controls. Any other provision of this Act concerning trustees applies to the trustees appointed under this Section if it does not conflict with this Section.

(70 ILCS 1005/8) (from Ch. 111 1/2, par. 81)

Sec. 8. The board of trustees of any mosquito abatement district shall, in its work, advise and cooperate with the Department of Public Health of the State, and the board of trustees of such district shall submit to such Department, on or before January 1st of each year, a report of the work done and results obtained by the district during the preceding year.

The board of trustees of any mosquito abatement district, or its designee, shall conduct routine surveillance of mosquitoes to detect the presence of mosquito-borne diseases of public health significance. The surveillance shall be conducted in accordance with mosquito abatement and control guidelines as set forth by the U.S. Centers for Disease Control and Prevention. Areas reporting disease in humans shall be included in the surveillance activities. Mosquito abatement districts shall report to the local certified public health department the results of any positive mosquito samples infected with any arboviral infections, including, but not limited to: West Nile Virus, St. Louis Encephalitis, and Eastern Equine Encephalitis. Reports shall be made to the local certified public health department's director of environmental health, or a designee of the department, within 24 hours after receiving a positive report. The report shall include the type of infection, the number of mosquitoes collected in the trapping device, the type of trapping device used, and the type of laboratory testing used to confirm the infection. Any trustee of a mosquito abatement district, or designee of the board of trustees of a mosquito abatement district, that fails to comply with the requirements of this Act is guilty of a Class A Misdemeanor.

(Source: Laws 1927, p. 694.)".

Section 10. The Township Code is amended by changing Section 30-170 as follows:

(60 ILCS 1/30-170)

Sec. 30-170. Mosquito abatement district.

(a) The electors may authorize the township board to contract for the furnishing of mosquito abatement services in the unincorporated area of the township.

(a-5) Notwithstanding any other provision of this Code, as provided in Section 0.03 of the Mosquito Abatement District Act, on January 1, 2005 the North Shore Mosquito Abatement District and the South Cook County Mosquito Abatement District are abolished. No new mosquito abatement districts may be organized in counties with a population of 3,000,000 or more on or after January 1, 2005.

(b) The township board may adopt a resolution declaring the unincorporated area of the township a mosquito abatement district for tax purposes. Proof of the resolution authorizes the county clerk to extend a tax upon the mosquito abatement district in the amount specified in the annual township tax levy, but not more than a rate of 0.075% of the value of taxable property as equalized or assessed by the Department of Revenue.

(c) Whenever a resolution creating a mosquito abatement district has been adopted, the township board shall order the proposition submitted to the voters within the territory of the proposed district at an election. The clerk shall certify the proposition to the proper election officials. Notice shall be given and the election conducted in accordance with the general election law. The proposition shall be in substantially the following form:

Shall a mosquito abatement district be created to serve the unincorporated areas of (name of township), and shall a tax be levied at a rate of not more than 0.075% of the value of taxable property in the district as equalized or assessed by the Department of Revenue?

The votes shall be recorded as "Yes" or "No".

(d) If a majority of votes cast on the proposition is in favor of the mosquito abatement district, the district shall be created.

(e) Any territory within a mosquito abatement district that is annexed to a municipality that provides mosquito abatement services within its corporate limits shall be automatically disconnected from the township mosquito abatement taxing district.

(Source: P.A. 86-310; 88-62.)

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.

Section 99. This Act takes effect upon becoming law.