103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2938

 

Introduced 1/31/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1005/7  from Ch. 111 1/2, par. 80
70 ILCS 1005/10  from Ch. 111 1/2, par. 83

    Amends the Mosquito Abatement District Act. Provides that the board of trustees of a mosquito abatement district shall have power to take all necessary or proper steps for the surveillance, monitoring, and extermination of mosquitoes, flies, ticks, and vectors within the district (rather than for the extermination of mosquitoes, files and other insects within the district), and, subject to the paramount control of the municipal or other public authorities, to abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, ticks, and vectors (rather than mosquitoes and other insects) within the district. Provides that a district may annex territory by ordinance whenever a mosquito abatement district operating within territory predominantly in a municipality or 2 or more municipalities that would become coterminous or nearly coterminous with the municipality or municipalities upon the annexation of additional territory within the municipality or municipalities (rather than whenever a mosquito abatement district contains over 90% of territory of a specific city or village, the mosquito abatement district may annex additional adjacent and contiguous territory within that city or village). Requires the ordinance to describe the territory annexed together with an accurate map of the annexed territory and that, if the ordinance becomes effective 30 days after the date of publication or is approved by referendum, a copy of the ordinance shall be filed in the offices of the county clerk and recorder of each county in which the annexation takes place. Removes a prohibition to annexing territory until more than one year after territory has first been included in a municipality unless the territory annexed is 50 acres or less. Makes other changes.


LRB103 39143 AWJ 69286 b

 

 

A BILL FOR

 

SB2938LRB103 39143 AWJ 69286 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mosquito Abatement District Act is amended
5by changing Sections 7 and 10 as follows:
 
6    (70 ILCS 1005/7)  (from Ch. 111 1/2, par. 80)
7    Sec. 7. The board of trustees of such district shall have
8power to take all necessary or proper steps for the
9surveillance, monitoring, and extermination of mosquitoes,
10flies, ticks, and vectors or other insects within the
11district, and, subject to the paramount control of the
12municipal or other public authorities, to abate as nuisances
13all stagnant pools of water and other breeding places for
14mosquitoes, flies, ticks, and vectors or other insects within
15the district; to purchase such supplies and materials and to
16employ such labor and assistants as may be necessary or proper
17in furtherance of the objects of this Act, and if necessary or
18proper, in the furtherance of the same, to build, construct
19and thereafter to repair and maintain necessary levees, cuts,
20canals or channels upon any land within the district, and to
21acquire by purchase, condemnation or other lawful means, in
22the name of the district, any necessary lands, rights of way,
23easements, property or material requisite or necessary for any

 

 

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1such purpose; to make contracts to indemnify or compensate any
2owner of land or other property for any injury or damage
3necessarily caused by the exercise of the powers of this Act
4conferred or arising out of the use, taking or damage of such
5property for any such purposes, and generally to do any and all
6things necessary or incident to the powers hereby granted and
7to carry out the objects specified herein. As used in this
8Section, "vector" means arthropods, rats, mice, birds, or
9other animals capable of carrying disease-producing organisms
10to a human or animal host but does not include animals that
11transmit disease to humans only when used as human food.
12(Source: Laws 1927, p. 694.)
 
13    (70 ILCS 1005/10)  (from Ch. 111 1/2, par. 83)
14    Sec. 10. Any territory lying adjacent and contiguous to a
15mosquito abatement district, and not part of another mosquito
16abatement district, may be annexed to such district in the
17following manner:
18    (a) Upon petition in writing, describing the territory
19proposed to be annexed and signed by a majority of the legal
20voters in such territory and by the owners of more than half of
21the taxable property in such territory as shown by the last
22ascertained equalized value of the taxable property in such
23territory, being filed with the trustees of such mosquito
24abatement district, such trustees may annex such territory by
25a resolution which shall be published at least once in a

 

 

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1newspaper having a general circulation in the territory and
2shall include a notice of (1) the specific number of voters
3required to sign a petition requesting that the question of
4the adoption of the resolution be submitted to the electors of
5the territory; (2) the time in which the petition must be
6filed; and (3) the date of the prospective referendum. The
7county clerk of the county in which the territory is situated
8shall provide a petition form to any individual requesting
9one. The resolution shall be effective 30 days from the date of
10publication and is subject to a referendum, if such referendum
11is requested, prior to the effective date of the resolution,
12by the voters in the district equal to 10% or more of the
13registered voters in the district. Such trustees may also
14order the question of the annexation of such territory to be
15submitted to the legal voters of such district at a regular
16election therein by certifying the question to the proper
17election officials. Notice of such election shall be given and
18the election conducted in the manner provided by the general
19election law. The proposition shall be stated, "Shall the
20territory (describing it) be annexed to The .... Mosquito
21Abatement District?" If the majority of all the votes cast on
22the question is in favor of such annexation, the board of
23trustees shall so certify to the county clerk, and within ten
24days of such election the trustees by an order duly entered
25upon their records shall annex such territory to the district
26and shall file a map of the annexed territory in the office of

 

 

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1the county clerk of the county where the annexed territory is
2situated. Thereupon such territory shall be deemed annexed to
3and shall be a part of such mosquito abatement district.
4    (b) Whenever a mosquito abatement district operating
5within territory predominantly in a municipality or 2 or more
6municipalities that would become coterminous or nearly
7coterminous with the municipality or municipalities upon the
8annexation of additional territory within the municipality or
9municipalities contains over 90% of territory of a specific
10city or village, the mosquito abatement district may annex
11additional adjacent and contiguous territory within that city
12or village, but not incorporated within a mosquito abatement
13district, the mosquito abatement district may annex the
14additional territory by the passage of an ordinance to that
15effect. The ordinance shall describe the territory annexed
16together with an accurate map of the annexed territory.
17    The ordinance authorizing the annexation shall be
18published within 10 days after the ordinance has been adopted,
19in one or more newspapers having a general circulation within
20the territory. The publication of the ordinance shall be
21accompanied by a notice of (1) the specific number of voters
22required to sign a petition requesting the question of
23annexation; (2) the time within which the petition must be
24filed; and (3) the date of the prospective referendum. The
25county clerk of the county in which the territory is situated
26shall provide a petition form to any individual requesting

 

 

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1one.
2    The ordinance shall take effect 30 days after the date of
3publication unless a referendum is requested prior to the
4effective date of the ordinance by 10% or more of the
5registered voters in the territory. The question of the
6annexation of the territory may be submitted to the legal
7voters of the territory at a regular election by certifying
8the question to the proper election officials. Notice of the
9election shall be given and the election conducted in the
10manner provided by the general election law. The proposition
11shall be stated, "Shall the territory (describing it) be
12annexed to The .... Mosquito Abatement District?" If the
13majority of all the votes cast on the question is in favor of
14the annexation, the territory shall be deemed annexed to and
15shall be a part of the mosquito abatement district. If the
16ordinance becomes effective 30 days after the date of
17publication or is approved by referendum, a copy of the
18ordinance shall be filed in the offices of the county clerk and
19recorder of each county in which the annexation takes place.
20    No territory may be annexed under this subsection (i) more
21than one year after it has first been included in that city or
22village unless the territory so annexed is 50 acres or less or
23(ii) if the annexation would expand the mosquito abatement
24district's boundaries outside of a county unless the district
25already contains territory in that county.
26(Source: P.A. 95-664, eff. 10-11-07.)