HB0729sam001 93RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/11/2004

09300HB0729sam001 LRB093 05832 MKM 50723 a

AMENDMENT TO HOUSE BILL 729

AMENDMENT NO. ______. Amend House Bill 729 by replacing everything after the enacting clause with the following:

"Section 5. The Tuberculosis Sanitarium District Act is amended by changing Sections 3 and 5.4 as follows:

(70 ILCS 920/3) (from Ch. 23, par. 1703)

Sec. 3. Board of directors.

(a) All courts shall take judicial notice of all tuberculosis sanitarium districts organized under this Act. The affairs of such district shall be managed by a board of 3 directors, appointed by the presiding officer of the county board with the advice and consent of the county board, of the county in which the district is situated, except that in districts of 500,000 or more population the board of directors shall consist of 5 members. At least one member of the board of directors shall be a licensed physician, and all shall be chosen with reference to their special fitness for the office. The first appointments shall be made within 90 days and not sooner than 60 days after the district has been organized as provided herein. Each member of the board shall be a legal voter in the district. At the time of the making of the first appointments, one director shall be appointed for a term of one year, one for a term of 2 years, and one for 3, as the case may be, for a term of 3 years, and until their successors are appointed and qualified. At the expiration of the term of any member, his successor shall be appointed in like manner for a term of 3 years and until his successor is appointed and qualified. But no more than 2 members of such board, if it shall be a board of 3 members, and no more than 3 members of such board, if it shall be a board of 5 members, shall be of the same political party. Each member of the board before entering upon the duties of his office shall take the oath prescribed by the Constitution.

(b) From the time of the appointment of the first board of directors, such district shall be a body corporate and politic by the name and style determined as aforesaid, and by such name may sue and be sued, contract and be contracted with, acquire and hold real and personal estate necessary for the corporate purposes and adopt a seal and alter the same at its pleasure.

(c) Notwithstanding any other provision of law to the contrary, upon the effective date of this amendatory Act of the 93rd General Assembly and until its dissolution by operation of law on January 1, 2005, in addition to the members appointed under subsection (a), the board of directors of the Suburban Cook County Tuberculosis Sanitarium District shall consist of 2 additional members as follows: (i) the Director of the Cook County Department of Public Health, or his or her designee, and (ii) an at-large member appointed by the President of the Cook County Board. The additional members appointed under this subsection are subject to the appointment requirements of subsection (a), except to the extent that they conflict with this subsection (c).

(Source: P.A. 85-1440.)

(70 ILCS 920/5.4 new)

Sec. 5.4. Dissolution of Suburban Cook County Tuberculosis Sanitarium District; disposition of land and real estate; continuation of District levy.

(a) Notwithstanding any provision of law to the contrary, the Suburban Cook County Tuberculosis Sanitarium District is dissolved by operation of law on January 1, 2005.

(b) Before January 1, 2005, the Board of Directors shall prepare a transition plan that provides for the consolidation of all of the existing programs, personnel, and infrastructure of the District into the Cook County Bureau of Health Services to be administered by the Cook County Department of Public Health. Beginning on the effective date of this amendatory Act of the 93rd General Assembly and before January 1, 2005, the District shall not make any enhancements to pensions.

(c) Upon dissolution of the district: (i) all assets and liabilities of the Suburban Cook County Tuberculosis Sanitarium District dissolved under this amendatory Act of the 93rd General Assembly shall be transferred to the Cook County Board and the monetary assets shall be deposited into a special purpose fund for the care and treatment of tuberculosis in suburban Cook County; (ii) the Cook County Department of Public Health shall assume all responsibility for tuberculosis care and treatment of the Suburban Cook County Tuberculosis Sanitarium District dissolved under this amendatory Act of the 93rd General Assembly, including the provision of tuberculosis care and treatment for units of local government with State-certified local public health departments; and (iii) employees of the Suburban Cook County Tuberculosis Sanitarium District become employees of Cook County.

(d) The Cook County Board may transfer to the Cook County Forest Preserve District appropriate unimproved real estate owned by the Suburban Cook County Tuberculosis Sanitarium District at the time of its dissolution. After the dissolution of the District, any land owned by the District at the time of its dissolution remains subject to any leases and encumbrances that existed upon the dissolution of the District and, if the land is subject to a lease, the land may not be taken by any unit of government during the term of the lease.

(e) The Cook County Board may continue, discontinue, reduce, increase, suspend, resume, or reinstate any levy imposed by the dissolved Suburban Cook County Tuberculosis Sanitarium District and may expand the purpose of the levy to include emerging respiratory diseases, including, but not limited to severe acute respiratory syndrome and avian flu. All revenue collected by the Cook County Board as a result of the dissolution of the Suburban Cook County Tuberculosis Sanitarium District shall be collected for the purpose of the care and treatment of tuberculosis in Cook County, except that, if the Cook County Board expands the purpose of the levy to include emerging respiratory diseases, then only that portion of the revenue collected by the Cook County Board that exceeds the amount of revenue collected before the purpose was expanded shall be collected for the purpose of emerging respiratory diseases.

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