Sen. Don Harmon

Filed: 5/11/2004

 

 


 

 


 
09300HB0729sam001 LRB093 05832 MKM 50723 a

1
AMENDMENT TO HOUSE BILL 729

2     AMENDMENT NO. ______. Amend House Bill 729 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Tuberculosis Sanitarium District Act is
5 amended by changing Sections 3 and 5.4 as follows:
 
6     (70 ILCS 920/3)  (from Ch. 23, par. 1703)
7     Sec. 3. Board of directors.
8     (a) All courts shall take judicial notice of all
9 tuberculosis sanitarium districts organized under this Act.
10 The affairs of such district shall be managed by a board of 3
11 directors, appointed by the presiding officer of the county
12 board with the advice and consent of the county board, of the
13 county in which the district is situated, except that in
14 districts of 500,000 or more population the board of directors
15 shall consist of 5 members. At least one member of the board of
16 directors shall be a licensed physician, and all shall be
17 chosen with reference to their special fitness for the office.
18 The first appointments shall be made within 90 days and not
19 sooner than 60 days after the district has been organized as
20 provided herein. Each member of the board shall be a legal
21 voter in the district. At the time of the making of the first
22 appointments, one director shall be appointed for a term of one
23 year, one for a term of 2 years, and one for 3, as the case may
24 be, for a term of 3 years, and until their successors are

 

 

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1 appointed and qualified. At the expiration of the term of any
2 member, his successor shall be appointed in like manner for a
3 term of 3 years and until his successor is appointed and
4 qualified. But no more than 2 members of such board, if it
5 shall be a board of 3 members, and no more than 3 members of
6 such board, if it shall be a board of 5 members, shall be of the
7 same political party. Each member of the board before entering
8 upon the duties of his office shall take the oath prescribed by
9 the Constitution.
10     (b) From the time of the appointment of the first board of
11 directors, such district shall be a body corporate and politic
12 by the name and style determined as aforesaid, and by such name
13 may sue and be sued, contract and be contracted with, acquire
14 and hold real and personal estate necessary for the corporate
15 purposes and adopt a seal and alter the same at its pleasure.
16     (c) Notwithstanding any other provision of law to the
17 contrary, upon the effective date of this amendatory Act of the
18 93rd General Assembly and until its dissolution by operation of
19 law on January 1, 2005, in addition to the members appointed
20 under subsection (a), the board of directors of the Suburban
21 Cook County Tuberculosis Sanitarium District shall consist of 2
22 additional members as follows: (i) the Director of the Cook
23 County Department of Public Health, or his or her designee, and
24 (ii) an at-large member appointed by the President of the Cook
25 County Board. The additional members appointed under this
26 subsection are subject to the appointment requirements of
27 subsection (a), except to the extent that they conflict with
28 this subsection (c).
29 (Source: P.A. 85-1440.)
 
30     (70 ILCS 920/5.4 new)
31     Sec. 5.4. Dissolution of Suburban Cook County Tuberculosis
32 Sanitarium District; disposition of land and real estate;
33 continuation of District levy.

 

 

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1     (a) Notwithstanding any provision of law to the contrary,
2 the Suburban Cook County Tuberculosis Sanitarium District is
3 dissolved by operation of law on January 1, 2005.
4     (b) Before January 1, 2005, the Board of Directors shall
5 prepare a transition plan that provides for the consolidation
6 of all of the existing programs, personnel, and infrastructure
7 of the District into the Cook County Bureau of Health Services
8 to be administered by the Cook County Department of Public
9 Health. Beginning on the effective date of this amendatory Act
10 of the 93rd General Assembly and before January 1, 2005, the
11 District shall not make any enhancements to pensions.
12     (c) Upon dissolution of the district: (i) all assets and
13 liabilities of the Suburban Cook County Tuberculosis
14 Sanitarium District dissolved under this amendatory Act of the
15 93rd General Assembly shall be transferred to the Cook County
16 Board and the monetary assets shall be deposited into a special
17 purpose fund for the care and treatment of tuberculosis in
18 suburban Cook County; (ii) the Cook County Department of Public
19 Health shall assume all responsibility for tuberculosis care
20 and treatment of the Suburban Cook County Tuberculosis
21 Sanitarium District dissolved under this amendatory Act of the
22 93rd General Assembly, including the provision of tuberculosis
23 care and treatment for units of local government with
24 State-certified local public health departments; and (iii)
25 employees of the Suburban Cook County Tuberculosis Sanitarium
26 District become employees of Cook County.
27     (d) The Cook County Board may transfer to the Cook County
28 Forest Preserve District appropriate unimproved real estate
29 owned by the Suburban Cook County Tuberculosis Sanitarium
30 District at the time of its dissolution. After the dissolution
31 of the District, any land owned by the District at the time of
32 its dissolution remains subject to any leases and encumbrances
33 that existed upon the dissolution of the District and, if the
34 land is subject to a lease, the land may not be taken by any

 

 

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1 unit of government during the term of the lease.
2     (e) The Cook County Board may continue, discontinue,
3 reduce, increase, suspend, resume, or reinstate any levy
4 imposed by the dissolved Suburban Cook County Tuberculosis
5 Sanitarium District and may expand the purpose of the levy to
6 include emerging respiratory diseases, including, but not
7 limited to severe acute respiratory syndrome and avian flu. All
8 revenue collected by the Cook County Board as a result of the
9 dissolution of the Suburban Cook County Tuberculosis
10 Sanitarium District shall be collected for the purpose of the
11 care and treatment of tuberculosis in Cook County, except that,
12 if the Cook County Board expands the purpose of the levy to
13 include emerging respiratory diseases, then only that portion
14 of the revenue collected by the Cook County Board that exceeds
15 the amount of revenue collected before the purpose was expanded
16 shall be collected for the purpose of emerging respiratory
17 diseases.
 
18     Section 99. Effective date. This Act takes effect upon
19 becoming law.".