SB2998 93RD GENERAL ASSEMBLY

LRB093 21145 MKM 47207 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2998

Introduced 2/6/2004, by John J. Cullerton

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1071.5 new
30 ILCS 805/8.28 new

Amends the Counties Code. Provides that on and after July 1, 2005, the county board of Cook County may not regulate animal control for any unincorporated area in the county. Provides that for each unincorporated area or portion of an unincorporated area in Cook County, the county board of Cook County, before May 1, 2005, shall designate a municipality in the county that is contiguous to that unincorporated area or portion of that area, and, on and after July 1, 2005, the municipality shall have the power to regulate animal control in that unincorporated area. Authorizes the municipality to collect fees from residents of the unincorporated area for animal control services provided by the municipality to those residents. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2005.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning counties.

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

Section 5. The Counties Code is amended by adding Section 5-1071.5 as follows:

(55 ILCS 5/5-1071.5 new)

Sec. 5-1071.5 Animal control in unincorporated Cook County.

(a) On and after July 1, 2005, the county board of Cook County may not exercise any of the powers contained in Sections 5-1070, 5-1071, and 5-1071.1 for any unincorporated area in the county. For each unincorporated area or portion of an unincorporated area in Cook County, the county board of Cook County, before May 1, 2005, must designate a municipality in the county that is contiguous to that unincorporated area or portion of that unincorporated area. On and after July 1, 2005, the designated municipality has the power to regulate animal control, including pounds, dogs running at large, and vicious and dangerous dogs in that unincorporated area in accordance with the provisions of Section 11-20-9 of the Illinois Municipal Code. The municipality is authorized to collect fees from residents of the unincorporated area for the provision of animal control services provided to those residents by the municipality in accordance with this Section.

(b) No home rule unit may exercise control over animal control in a manner that is inconsistent with this Section. This Section is a limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise of home rule units of powers and functions exercised by the State.

(c) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.

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. Effective date. This Act takes effect on January 1, 2005.