SB2938 EnrolledLRB103 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, 8, 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 and monitoring of ticks and the surveillance,
10monitoring, and extermination of mosquitoes and rats , flies or
11other insects within the district, and, subject to the
12paramount control of the municipal or other public
13authorities, to abate as nuisances all stagnant pools of water
14and other breeding places for mosquitoes and rats , flies or
15other insects within the district; to purchase such supplies
16and materials and to employ such labor and assistants as may be
17necessary or proper in furtherance of the objects of this Act,
18and if necessary or proper, in the furtherance of the same, to
19build, construct and thereafter to repair and maintain
20necessary levees, cuts, canals or channels upon any land
21within the district, and to acquire by purchase, condemnation
22or other lawful means, in the name of the district, any
23necessary lands, rights of way, easements, property or

 

 

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1material requisite or necessary for any such purpose; to make
2contracts to indemnify or compensate any owner of land or
3other property for any injury or damage necessarily caused by
4the exercise of the powers of this Act conferred or arising out
5of the use, taking or damage of such property for any such
6purposes, and generally to do any and all things necessary or
7incident to the powers hereby granted and to carry out the
8objects specified herein.
9(Source: Laws 1927, p. 694.)
 
10    (70 ILCS 1005/8)  (from Ch. 111 1/2, par. 81)
11    Sec. 8. The board of trustees of any mosquito abatement
12district shall, in its work, advise and cooperate with the
13Department of Public Health of the State, and the board of
14trustees of such district shall submit to such Department, on
15or before January 1st of each year, a report of the work done
16and results obtained by the district during the preceding
17year.
18    The board of trustees of any mosquito abatement district,
19or its designee, for the limited purposes of cooperation with
20the Department, shall conduct routine surveillance of
21Department-identified vectors mosquitoes to detect the
22presence of vector-borne mosquito-borne diseases of public
23health significance. The surveillance required by the
24Department under this Section does not grant a mosquito
25abatement district any greater independent authority to

 

 

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1monitor and exterminate than those powers granted in Section
27, and a mosquito abatement district, or its designee, shall
3notify a forest preserve district or conservation district
4prior to or within 48 hours after accessing the respective
5forest preserve district's or conservation district's land for
6surveillance required by the Department. This notification
7requirement does not apply to mosquitoes, rats, or tick
8surveillance performed by the mosquito abatement district or
9its designee. The surveillance shall be conducted in
10accordance with mosquito abatement and control guidelines as
11set forth by the U.S. Centers for Disease Control and
12Prevention. Areas reporting disease in humans shall be
13included in the surveillance activities. Mosquito abatement
14districts shall report to the local certified public health
15department and the Department the results of any positive
16mosquito, tick, or vector samples infected with any arboviral
17or bacterial infections, including, but not limited to: West
18Nile Virus, St. Louis Encephalitis, and Eastern Equine
19Encephalitis, Borrelia burgdorferi, rickettsia species,
20ehrlichia species, and other vector-borne diseases. Reports
21shall be made to the local certified public health
22department's director of environmental health, or a designee
23of the department, within 24 hours after receiving a positive
24report. The report shall include the type of infection, the
25number of vectors mosquitoes collected in the trapping device,
26the type of trapping device used, and the type of laboratory

 

 

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1testing used to confirm the infection. Any trustee of a
2mosquito abatement district, or designee of the board of
3trustees of a mosquito abatement district, that fails to
4comply with the requirements of this Act is guilty of a Class A
5Misdemeanor.
6    As used in this Section:
7    "Department" means the Department of Public Health.
8    "Vector" means any of the following that have been
9identified by the Department as necessary to be surveilled by
10a mosquito abatement district for the purposes of supporting
11the Department's mandate to investigate the causes of
12dangerously contagious or infectious diseases: arthropods,
13rodents, including rats and mice, birds, or other animals
14capable of carrying disease-producing organisms to a human or
15animal host. "Vector" does not include animals that transmit
16disease to humans only when used as human food.
17(Source: P.A. 93-734, eff. 7-14-04.)
 
18    (70 ILCS 1005/10)  (from Ch. 111 1/2, par. 83)
19    Sec. 10. Any territory lying adjacent and contiguous to a
20mosquito abatement district, and not part of another mosquito
21abatement district, may be annexed to such district in the
22following manner:
23    (a) Upon petition in writing, describing the territory
24proposed to be annexed and signed by a majority of the legal
25voters in such territory and by the owners of more than half of

 

 

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

 

 

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1the question is in favor of such annexation, the board of
2trustees shall so certify to the county clerk, and within ten
3days of such election the trustees by an order duly entered
4upon their records shall annex such territory to the district
5and shall file a map of the annexed territory in the office of
6the county clerk of the county where the annexed territory is
7situated. Thereupon such territory shall be deemed annexed to
8and shall be a part of such mosquito abatement district.
9    (b) Whenever a mosquito abatement district operating
10within territory predominantly in a municipality or 2 or more
11municipalities that would become coterminous or nearly
12coterminous with the municipality or municipalities upon the
13annexation of additional territory within the municipality or
14municipalities contains over 90% of territory of a specific
15city or village, the mosquito abatement district may annex
16additional adjacent and contiguous territory within that city
17or village, but not incorporated within a mosquito abatement
18district, the mosquito abatement district may annex the
19additional territory by the passage of an ordinance to that
20effect. The ordinance shall describe the territory annexed
21together with an accurate map of the annexed territory.
22    The ordinance authorizing the annexation shall be
23published within 10 days after the ordinance has been adopted,
24in one or more newspapers having a general circulation within
25the territory. The publication of the ordinance shall be
26accompanied by a notice of (1) the specific number of voters

 

 

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1required to sign a petition requesting the question of
2annexation; (2) the time within which the petition must be
3filed; and (3) the date of the prospective referendum. The
4county clerk of the county in which the territory is situated
5shall provide a petition form to any individual requesting
6one.
7    The ordinance shall take effect 30 days after the date of
8publication unless a referendum is requested prior to the
9effective date of the ordinance by 10% or more of the
10registered voters in the territory. The question of the
11annexation of the territory may be submitted to the legal
12voters of the territory at a regular election by certifying
13the question to the proper election officials. Notice of the
14election shall be given and the election conducted in the
15manner provided by the general election law. The proposition
16shall be stated, "Shall the territory (describing it) be
17annexed to The .... Mosquito Abatement District?" If the
18majority of all the votes cast on the question is in favor of
19the annexation, the territory shall be deemed annexed to and
20shall be a part of the mosquito abatement district. If the
21ordinance becomes effective 30 days after the date of
22publication or is approved by referendum, a copy of the
23ordinance shall be filed in the offices of the county clerk and
24recorder of each county in which the annexation takes place.
25    No territory may be annexed under this subsection (i) more
26than one year after it has first been included in that city or

 

 

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1village unless the territory so annexed is 50 acres or less or
2(ii) if the annexation would expand the mosquito abatement
3district's boundaries outside of a county unless the district
4already contains territory in that county.
5(Source: P.A. 95-664, eff. 10-11-07.)