093_SB1762

 
                                     LRB093 07906 SJM 08097 b

 1        AN ACT concerning mosquito abatement.

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

 4        Section 5. The Mosquito Abatement District Act is amended
 5    by adding Sections 0.02, 0.03, 0.04, 0.05, 0.06, 0.07,  0.08,
 6    0.09, and 0.10 as follows:

 7        (70 ILCS 1005/0.02 new)
 8        Sec. 0.02.  Purpose. It is the purpose of this amendatory
 9    Act   of  the  93rd  General  Assembly  to  abolish  mosquito
10    abatement  districts  in  counties  with  a   population   of
11    3,000,000  or more and to transfer to the county in which the
12    territory lies, or, in the case of  territory  lying  in  the
13    City  of  Chicago,  to  the  City  of  Chicago,  all  assets,
14    liabilities,  rights,  powers,  duties,  and functions of the
15    district, with the duties  and  functions  of  the  abolished
16    mosquito abatement district, including the eradication of the
17    West  Nile  Virus,  to  be  assumed  by  the respective State
18    certified public health departments of those entities.

19        (70 ILCS 1005/0.03 new)
20        Sec.  0.03.  Districts  abolished;  assets,  liabilities,
21    rights,    powers,    duties,    and    functions    assumed.
22    Notwithstanding any other provision  of  law,  including  any
23    other  provision of this Act, mosquito abatement districts in
24    counties with a population of 3,000,000 or more are abolished
25    on January  1,  2004.   In  counties  with  a  population  of
26    3,000,000 or more, no new mosquito abatement districts may be
27    organized  on  or after January 1, 2004.  On January 1, 2004,
28    the county in which the territory of  an  abolished  district
29    lies,  or,  in the case of territory of an abolished district
30    that lies in the City of Chicago, the City of Chicago,  shall
 
                            -2-      LRB093 07906 SJM 08097 b
 1    assume  all  assets, liabilities, rights, powers, duties, and
 2    functions of the abolished mosquito abatement  district  with
 3    respect  to the territory of the abolished district that lies
 4    within the boundaries of the county or the City  of  Chicago,
 5    as  the  case  may  be,  with the duties and functions of the
 6    abolished  mosquito   abatement   district,   including   the
 7    eradication  of  the  West  Nile  Virus, to be assumed by the
 8    respective State certified public health departments of those
 9    entities.

10        (70 ILCS 1005/0.04 new)
11        Sec. 0.04.  Transfer of personnel.
12        (a)  On January 1, 2004, personnel employed by a mosquito
13    abatement district abolished by this amendatory  Act  of  the
14    93rd  General Assembly are transferred to the State certified
15    public health department of the county in which the abolished
16    district lies, or, in the case of an abolished district  that
17    lies  in  the  City  of  Chicago,  the State certified public
18    health department of the City of Chicago.
19        (b)  In the event that the assets,  liabilities,  rights,
20    powers,   duties,  and  functions  of  a  mosquito  abatement
21    district abolished by this amendatory Act of the 93rd General
22    Assembly are assumed by a county  and  the  City  of  Chicago
23    because   the   territory  of  the  abolished  district  lies
24    partially in the City  of  Chicago,  the  decision  on  which
25    positions  shall be transferred to the State certified public
26    health department of the county and which positions shall  be
27    transferred  to  the State certified public health department
28    of the City of Chicago shall be made by giving  consideration
29    to  the proportionate percentage of territory transferred and
30    the assuming county's and  the  City  of  Chicago's  staffing
31    needs.
32        The  rights of employees of a mosquito abatement district
33    abolished by this amendatory Act of the 93rd General Assembly
 
                            -3-      LRB093 07906 SJM 08097 b
 1    under applicable collective  bargaining  agreements  are  not
 2    affected by this amendatory Act of the 93rd General Assembly.

 3        (70 ILCS 1005/0.05 new)
 4        Sec. 0.05.  Transfer of property.
 5        (a)  Effective  January  1,  2004,  all  books,  records,
 6    documents,   property   (real   and   personal),   unexpended
 7    appropriations,  and pending business of a mosquito abatement
 8    district abolished by this amendatory Act of the 93rd General
 9    Assembly shall be transferred and delivered to the county  in
10    which  the  abolished  district  lies,  or, in the case of an
11    abolished district that lies in the City of Chicago, the City
12    of Chicago.
13        (b)  In the event that the assets,  liabilities,  rights,
14    powers,   duties,  and  functions  of  a  mosquito  abatement
15    district abolished by this amendatory Act of the 93rd General
16    Assembly are assumed by a county  and  the  City  of  Chicago
17    because   the   territory  of  the  abolished  district  lies
18    partially in the City  of  Chicago,  the  decision  on  which
19    books,  records,  documents,  property  (real  and personal),
20    unexpended appropriations,  and  pending  business  shall  be
21    transferred  to  the county and which shall be transferred to
22    the City of Chicago shall be made by giving consideration  to
23    the  proportionate percentage of territory transferred to the
24    county and the proportionate percentage  transferred  to  the
25    City of Chicago.

26        (70 ILCS 1005/0.06 new)
27        Sec. 0.06.  Local public health tax. Beginning on January
28    1,  2004,  the  corporate  authorities of the county in which
29    territory of the abolished district lies or, in the  case  of
30    territory  of  an abolished district that lies in the City of
31    Chicago, the  City  of  Chicago  shall  have  the  power  and
32    authority  to  levy  and  collect such taxes at such rates as
 
                            -4-      LRB093 07906 SJM 08097 b
 1    shall have been previously authorized, levied, and  collected
 2    by   the   mosquito  abatement  district  abolished  by  this
 3    amendatory Act of the 93rd General Assembly with  respect  to
 4    that  territory.  This tax shall be known as the local public
 5    health tax.

 6        (70 ILCS 1005/0.07 new)
 7        Sec. 0.07.  Ordinances, orders, and resolutions.
 8        (a)  On January 1,  2004,  the  ordinances,  orders,  and
 9    resolutions  of  a  mosquito  abatement district abolished by
10    this amendatory Act of the 93rd General Assembly that were in
11    effect on December  31,  2003  and  pertain  to  the  assets,
12    liabilities,    rights,   powers,   duties,   and   functions
13    transferred to the county in which any part of the  territory
14    of  the  abolished  district  lies,  or,  in  the  case of an
15    abolished district that lies, at least in part, in  the  City
16    of  Chicago, the City of Chicago under this amendatory Act of
17    the 93rd General Assembly shall become, with respect to  that
18    territory,  the  ordinances,  orders,  and resolutions of the
19    county in which that part of the abolished district lies, or,
20    in the case of an abolished district that lies, at  least  in
21    part,  in  the City of Chicago, the City of Chicago and shall
22    continue in effect until amended or repealed.
23        (b)  Any ordinances, orders, or resolutions pertaining to
24    the  assets,  liabilities,  rights,   powers,   duties,   and
25    functions  transferred to the county in which any part of the
26    territory of the abolished district lies, or, in the case  of
27    an  abolished  district  that  lies, at least in part, in the
28    City of Chicago, the City of Chicago  under  this  amendatory
29    Act of the 93rd General Assembly that have been proposed by a
30    mosquito  abatement district abolished by this amendatory Act
31    of the 93rd General Assembly but have  not  taken  effect  or
32    been  finally adopted by December 31, 2003 shall become, with
33    respect  to  that  territory,  the  ordinances,  orders,  and
 
                            -5-      LRB093 07906 SJM 08097 b
 1    resolutions of the county in which that part of the abolished
 2    district lies, or, in the case of an abolished district  that
 3    lies,  at  least in part, in the City of Chicago, the City of
 4    Chicago on January 1, 2004,  and  any  procedures  that  have
 5    already  been  completed  by  a  mosquito  abatement district
 6    abolished by this amendatory Act of the 93rd General Assembly
 7    for those proposed ordinances, orders,  or  resolutions  need
 8    not be repeated.
 9        (c)  As  soon  as  practical  after  January 1, 2004, the
10    assuming county or the City of Chicago, as appropriate, shall
11    revise and clarify the ordinances,  orders,  and  resolutions
12    transferred  to  it  under  this  amendatory  Act of the 93rd
13    General Assembly to reflect  the  reorganization  of  assets,
14    liabilities,  rights,  powers, duties, and functions effected
15    by this amendatory Act of  the  93rd  General  Assembly.  The
16    assuming  county  or the City of Chicago, as appropriate, may
17    propose  and  adopt  such  other   ordinances,   orders,   or
18    resolutions  as  may  be necessary to consolidate and clarify
19    the ordinances, orders, and resolutions  assumed  under  this
20    amendatory Act of the 93rd General Assembly.

21        (70 ILCS 1005/0.08 new)
22        Sec.  0.08.  Cross  references.  Beginning  on January 1,
23    2004, all references in other statutes, however phrased, to a
24    mosquito abatement district abolished under  this  amendatory
25    Act  of  the 93rd General Assembly shall be references to the
26    county or  the  City  of  Chicago,  as  appropriate,  in  its
27    capacity  as  successor  to  the  mosquito abatement district
28    abolished under this  amendatory  Act  of  the  93rd  General
29    Assembly.

30        (70 ILCS 1005/0.09 new)
31        Sec. 0.09.  Savings provisions.
32        (a)  The assets, liabilities, rights, powers, duties, and
 
                            -6-      LRB093 07906 SJM 08097 b
 1    functions  transferred  to a county or the City of Chicago by
 2    this amendatory Act of the 93rd  General  Assembly  shall  be
 3    vested in that county or the City of Chicago, as appropriate,
 4    subject  to the provisions of this amendatory Act of the 93rd
 5    General  Assembly.  An  act  done  by  a  mosquito  abatement
 6    district abolished by this amendatory Act of the 93rd General
 7    Assembly or an officer, employee, or agent of  the  abolished
 8    district with respect to the transferred assets, liabilities,
 9    rights,  powers,  duties,  or  functions  shall have the same
10    legal effect as if done by the county to which  the  transfer
11    was  made  or  the  City  of  Chicago,  as appropriate, or an
12    officer, employee, or agent of that county  or  the  City  of
13    Chicago, as appropriate.
14        (b)  The transfer of assets, liabilities, rights, powers,
15    duties,  and  functions under this amendatory Act of the 93rd
16    General Assembly does  not  invalidate  any  previous  action
17    taken  by  or  in  respect to the mosquito abatement district
18    abolished by this amendatory Act of the 93rd General Assembly
19    or its officers,  employees,  or  agents.  References  to  an
20    abolished   mosquito  abatement  district  or  its  officers,
21    employees, or agents in any document, contract, agreement, or
22    law shall, in appropriate contexts, be deemed to refer to the
23    assuming county or the City of Chicago,  as  appropriate,  or
24    its officers, employees, or agents.
25        (c)  The  transfer  under this amendatory Act of the 93rd
26    General Assembly  of  assets,  liabilities,  rights,  powers,
27    duties,  and  functions  of  a  mosquito  abatement  district
28    abolished by this amendatory Act of the 93rd General Assembly
29    does  not affect any person's rights, obligations, or duties,
30    including any civil or criminal penalties applicable thereto,
31    arising out of those transferred assets, liabilities, rights,
32    powers, duties, and functions.
33        (d)  With respect to matters that pertain  to  an  asset,
34    liability,  right,  power, duty, or function transferred to a
 
                            -7-      LRB093 07906 SJM 08097 b
 1    county or the City of Chicago under this Act:
 2             (1)  Beginning January 1, 2004, a report  or  notice
 3        that  was  previously required to be made or given by any
 4        person to a mosquito abatement district abolished by this
 5        amendatory Act of the 93rd General Assembly or any of its
 6        officers, employees, or agents shall be made or given  in
 7        the  same  manner  to  the assuming county or the City of
 8        Chicago, as  appropriate,  or  its  appropriate  officer,
 9        employee, or agent.
10             (2)  Beginning  January 1, 2004, a document that was
11        previously required to be  furnished  or  served  by  any
12        person to or upon a mosquito abatement district abolished
13        by  this  amendatory  Act of the 93rd General Assembly or
14        any of  its  officers,  employees,  or  agents  shall  be
15        furnished  or  served  in  the same manner to or upon the
16        assuming county or the City of Chicago,  as  appropriate,
17        or its appropriate officer, employee, or agent.
18        (e)  This  amendatory  Act  of  the 93rd General Assembly
19    does not affect any act done,  ratified,  or  cancelled,  any
20    right  occurring  or established, or any action or proceeding
21    had or commenced in an  administrative,  civil,  or  criminal
22    cause  before  January 1, 2004. Any such action or proceeding
23    that pertains to an asset, liability, right, power, duty,  or
24    function transferred to a county or the City of Chicago under
25    this  Act and that is pending on that date may be prosecuted,
26    defended, or continued by that county or the City of Chicago,
27    as appropriate.

28        (70 ILCS 1005/0.10 new)
29        Sec. 0.10.  Disputes. Any disputes that arise as a result
30    of the abolishment of a mosquito district and the  assumption
31    of  the  assets,  liabilities,  rights,  powers,  duties, and
32    functions of the abolished district shall be resolved  by  an
33    appropriate action commenced in the circuit court.
 
                            -8-      LRB093 07906 SJM 08097 b
 1        Section  10.   The  Township  Code is amended by changing
 2    Section 30-170 as follows:

 3        (60 ILCS 1/30-170)
 4        Sec. 30-170.  Mosquito abatement district.
 5        (a)  The electors may authorize  the  township  board  to
 6    contract for the furnishing of mosquito abatement services in
 7    the unincorporated area of the township.
 8        (a-5)  Notwithstanding  any other provision of this Code,
 9    as  provided  in  Section  0.03  of  the  Mosquito  Abatement
10    District  Act,  on  January  1,  2004,   mosquito   abatement
11    districts  in counties with a population of 3,000,000 or more
12    are abolished. No new mosquito  abatement  districts  may  be
13    organized  in counties with a population of 3,000,000 or more
14    on or after January 1, 2004. The assets, liabilities, rights,
15    powers,  duties,  and   functions,   including   the   taxing
16    authority,  of  a  mosquito  abatement district created under
17    this Code that is abolished by this  amendatory  Act  of  the
18    93rd  General  Assembly  shall  be  assumed  as  provided  in
19    Sections 0.02 through 0.10 of the Mosquito Abatement District
20    Act.
21        (b)  The  township board may adopt a resolution declaring
22    the unincorporated area of the township a mosquito  abatement
23    district for tax purposes. Proof of the resolution authorizes
24    the  county clerk to extend a tax upon the mosquito abatement
25    district in the amount specified in the annual  township  tax
26    levy,  but  not  more  than  a rate of 0.075% of the value of
27    taxable property as equalized or assessed by  the  Department
28    of Revenue.
29        (c)  Whenever  a resolution creating a mosquito abatement
30    district has been adopted, the township board shall order the
31    proposition submitted to the voters within the  territory  of
32    the proposed district at an election. The clerk shall certify
33    the  proposition  to  the  proper  election officials. Notice
 
                            -9-      LRB093 07906 SJM 08097 b
 1    shall be given and the election conducted in accordance  with
 2    the  general  election  law.   The  proposition  shall  be in
 3    substantially the following form:
 4             Shall a mosquito abatement district  be  created  to
 5        serve the unincorporated areas of (name of township), and
 6        shall  a  tax be levied at a rate of not more than 0.075%
 7        of the value of  taxable  property  in  the  district  as
 8        equalized or assessed by the Department of Revenue?
 9    The votes shall be recorded as "Yes" or "No".
10        (d)  If a majority of votes cast on the proposition is in
11    favor  of the mosquito abatement district, the district shall
12    be created.
13        (e)  Any territory within a mosquito  abatement  district
14    that  is  annexed  to  a  municipality that provides mosquito
15    abatement services  within  its  corporate  limits  shall  be
16    automatically   disconnected   from   the  township  mosquito
17    abatement taxing district.
18    (Source: P.A. 86-310; 88-62.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.