093_HB2549sam002











                                     LRB093 04470 SJM 15586 a

 1                    AMENDMENT TO HOUSE BILL 2549

 2        AMENDMENT NO.     .  Amend House Bill 2549  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Mosquito  Abatement  District  Act  is
 5    amended by changing Section 8 and adding Sections 0.02, 0.03,
 6    0.04,  0.05,  0.06,  0.07,  0.08,  0.09,  0.10,  and  0.11 as
 7    follows:

 8        (70 ILCS 1005/0.02 new)
 9        Sec. 0.02.  Purpose. It is the purpose of this amendatory
10    Act of the 93rd General Assembly to abolish the  North  Shore
11    Mosquito  Abatement  District and to transfer all its assets,
12    liabilities, rights, powers, duties, and functions, including
13    the eradication of the West  Nile  Virus,  to  the  Northwest
14    Mosquito  Abatement  District. It is also the purpose of this
15    amendatory Act of the 93rd General Assembly  to  abolish  the
16    South Cook County Mosquito Abatement District and to transfer
17    to the Des Plaines Valley Mosquito Abatement District, or, in
18    the  case  of  territory lying in the City of Chicago, to the
19    City  of  Chicago,  all  it's  assets,  liabilities,  rights,
20    powers, duties, and functions, including the  eradication  of
21    the West Nile Virus.
 
                            -2-      LRB093 04470 SJM 15586 a
 1        (70 ILCS 1005/0.03 new)
 2        Sec.  0.03.  Districts  abolished;  assets,  liabilities,
 3    rights,    powers,    duties,    and    functions    assumed.
 4    Notwithstanding  any  other  provision  of law, including any
 5    other  provision  of  this  Act,  the  North  Shore  Mosquito
 6    Abatement  District  and  the  South  Cook  County   Mosquito
 7    Abatement  District  are  abolished  on  July  1,  2004.   In
 8    counties  with  a  population  of  3,000,000  or more, no new
 9    mosquito abatement districts may be  organized  on  or  after
10    July  1,  2004.  On  July  1,  2004,  the  Northwest Mosquito
11    Abatement District  shall  assume  all  assets,  liabilities,
12    rights,   powers,   duties,   and  functions,  including  the
13    eradication of the  West  Nile  Virus,  of  the  North  Shore
14    Mosquito Abatement District. On July 1, 2004, the Des Plaines
15    Valley  Mosquito  Abatement District shall assume all assets,
16    liabilities, rights, powers, duties, and functions, including
17    the eradication of the West Nile Virus,  of  the  South  Cook
18    County  Mosquito  Abatement  District, except with respect to
19    that the part of the South  Cook  County  Mosquito  Abatement
20    District  that  lies  in  the City of Chicago, which shall be
21    assumed by the City of Chicago.

22        (70 ILCS 1005/0.04 new)
23        Sec.  0.04.   Mosquito  abatement   districts   expanded.
24    Notwithstanding  any  other  provision  of  this  Act  to the
25    contrary, beginning on July 1,  2004  the  territory  of  the
26    Northwest  Mosquito  Abatement  District shall consist of the
27    territory of the District as it existed on June 30, 2004 plus
28    the territory of the North Shore Mosquito Abatement  District
29    as  it  existed  on  June 30, 2004. Notwithstanding any other
30    provision of this Act to the contrary, beginning on  July  1,
31    2004  the  territory  of  the  Des  Plaines  Valley  Mosquito
32    Abatement  District  shall  consist  of  the territory of the
33    District as it existed on June 30, 2004 plus the territory of
 
                            -3-      LRB093 04470 SJM 15586 a
 1    the South Cook  County  Mosquito  Abatement  District  as  it
 2    existed  on  June  30,  2004, except with respect to that the
 3    part of the South Cook  County  Mosquito  Abatement  District
 4    that  lies  in  the  City  of Chicago on June 30, 2004, which
 5    shall be assumed by the City of Chicago.

 6        (70 ILCS 1005/0.05 new)
 7        Sec. 0.05.  Transfer of property.
 8        (a)  Effective  July  1,  2004,   all   books,   records,
 9    documents,   property   (real   and   personal),   unexpended
10    appropriations,  and  pending  business  of  the  North Shore
11    Mosquito  Abatement  District  shall   be   transferred   and
12    delivered  to  the  Northwest  Mosquito  Abatement  District.
13    Effective  July  1,  2004,  all  books,  records,  documents,
14    property  (real and personal), unexpended appropriations, and
15    pending business of the South Cook County Mosquito  Abatement
16    District  shall  be  transferred  and  delivered  to  the Des
17    Plaines Valley Mosquito Abatement District, or, in  the  case
18    of  any  part  of  the  South  Cook County Mosquito Abatement
19    District that lies in the City of Chicago,  to  the  City  of
20    Chicago.
21        (b)  With  respect  to  the  assets, liabilities, rights,
22    powers, duties,  and  functions  of  the  South  Cook  County
23    Mosquito  Abatement District abolished by this amendatory Act
24    of the 93rd General Assembly, the decision  on  which  books,
25    records,  documents, property (real and personal), unexpended
26    appropriations, and pending business shall be transferred  to
27    the  Des Plaines Valley Mosquito Abatement District and which
28    shall be transferred to the City of Chicago shall be made  by
29    giving  consideration  to  the  proportionate  percentage  of
30    territory  transferred  to  the  Des  Plaines Valley Mosquito
31    Abatement   District   and   the   proportionate   percentage
32    transferred to the City of Chicago.
 
                            -4-      LRB093 04470 SJM 15586 a
 1        (70 ILCS 1005/0.06 new)
 2        Sec. 0.06.  Tax levies  for  assumed  mosquito  abatement
 3    districts.
 4        (a)  With  respect  to  the  territory of the North Shore
 5    Mosquito Abatement District abolished by this amendatory  Act
 6    of   the   93rd  General  Assembly,  the  Northwest  Mosquito
 7    Abatement District shall have the power and authority to levy
 8    and collect such taxes at  such  rates  as  shall  have  been
 9    previously  authorized,  levied,  and  collected by the North
10    Shore Mosquito Abatement District
11        (b)  With respect to the  territory  of  the  South  Cook
12    County   Mosquito   Abatement   District  abolished  by  this
13    amendatory Act of the 93rd General Assembly  and  assumed  by
14    the  Des  Plaines Valley Mosquito Abatement District, the Des
15    Plaines Valley Mosquito Abatement  District  shall  have  the
16    power  and  authority  to levy and collect such taxes at such
17    rates as shall have been previously authorized,  levied,  and
18    collected   by  the  South  Cook  County  Mosquito  Abatement
19    District.

20        (70 ILCS 1005/0.07 new)
21        Sec. 0.07.  City of Chicago tax  levy.  In  the  case  of
22    territory   of  the  South  Cook  County  Mosquito  Abatement
23    District abolished by this amendatory Act of the 93rd General
24    Assembly that lies in  the  City  of  Chicago,  the  City  of
25    Chicago  shall  have  the  power  and  authority  to levy and
26    collect  such  taxes  at  such  rates  as  shall  have   been
27    previously  authorized,  levied,  and  collected by the South
28    Cook County Mosquito Abatement District with respect to  that
29    territory  for  mosquito  abatement  purposes  and  for other
30    emerging public health threats.

31        (70 ILCS 1005/0.08 new)
32        Sec. 0.08.  Ordinances, orders, and resolutions.
 
                            -5-      LRB093 04470 SJM 15586 a
 1        (a)  On  July  1,  2004,  the  ordinances,  orders,   and
 2    resolutions  of  a  mosquito  abatement district abolished by
 3    this amendatory Act of the 93rd General Assembly that were in
 4    effect  on  June  30,  2004  and  pertain  to   the   assets,
 5    liabilities,    rights,   powers,   duties,   and   functions
 6    transferred to the Northwest Mosquito Abatement District, the
 7    Des Plaines Valley Mosquito Abatement District, or  the  City
 8    of  Chicago  under  this  amendatory  Act of the 93rd General
 9    Assembly shall become, with respect to  that  territory,  the
10    ordinances, orders, and resolutions of the Northwest Mosquito
11    Abatement District, the Des Plaines Valley Mosquito Abatement
12    District,  or  the City of Chicago, as appropriate, and shall
13    continue in effect until amended or repealed.
14        (b)  Any ordinances, orders, or resolutions pertaining to
15    the  assets,  liabilities,  rights,   powers,   duties,   and
16    functions  transferred  to  the  Northwest Mosquito Abatement
17    District, the Des Plaines Valley Mosquito Abatement District,
18    or the City of Chicago under this amendatory Act of the  93rd
19    General  Assembly  that  have  been  proposed  by  a mosquito
20    abatement district abolished by this amendatory  Act  of  the
21    93rd  General  Assembly  but  have  not  taken effect or been
22    finally adopted by June 30, 2004 shall become,  with  respect
23    to  that  territory,  the  proposed  ordinances,  orders, and
24    resolutions of the Northwest Mosquito Abatement District, the
25    Des Plaines Valley Mosquito Abatement District, or  the  City
26    of  Chicago,  as  appropriate,  on  July  1,  2004,  and  any
27    procedures  that  have  already  been completed by a mosquito
28    abatement district abolished by this amendatory  Act  of  the
29    93rd  General Assembly for those proposed ordinances, orders,
30    or resolutions need not be repeated.
31        (c)  As  soon  as  practical  after  July  1,  2004,  the
32    Northwest Mosquito Abatement District, the Des Plaines Valley
33    Mosquito Abatement District, and the City  of  Chicago  shall
34    revise  and  clarify  the ordinances, orders, and resolutions
 
                            -6-      LRB093 04470 SJM 15586 a
 1    transferred to them under this amendatory  Act  of  the  93rd
 2    General  Assembly  to  reflect  the reorganization of assets,
 3    liabilities, rights, powers, duties, and  functions  effected
 4    by  this  amendatory  Act  of  the 93rd General Assembly. The
 5    Northwest Mosquito Abatement District, the Des Plaines Valley
 6    Mosquito Abatement District,  or  the  City  of  Chicago,  as
 7    appropriate,  may  propose  and  adopt such other ordinances,
 8    orders, or resolutions as may be necessary to consolidate and
 9    clarify the ordinances, orders, and resolutions assumed under
10    this amendatory Act of the 93rd General Assembly.

11        (70 ILCS 1005/0.09 new)
12        Sec. 0.09.  Cross references. Beginning on July 1,  2004,
13    all  references  in  other  statutes,  however  phrased, to a
14    mosquito abatement district abolished under  this  amendatory
15    Act  of  the 93rd General Assembly shall be references to the
16    Northwest Mosquito Abatement District, the Des Plaines Valley
17    Mosquito Abatement District,  or  the  City  of  Chicago,  as
18    appropriate,  in  its  capacity  as  successor  to a mosquito
19    abatement district abolished under this amendatory Act of the
20    93rd General Assembly.

21        (70 ILCS 1005/0.10 new)
22        Sec. 0.10.  Savings provisions.
23        (a)  The assets, liabilities, rights, powers, duties, and
24    functions transferred to  the  Northwest  Mosquito  Abatement
25    District, the Des Plaines Valley Mosquito Abatement District,
26    or  the  City  of  Chicago by this amendatory Act of the 93rd
27    General Assembly shall be vested in  the  Northwest  Mosquito
28    Abatement District, the Des Plaines Valley Mosquito Abatement
29    District,  or the City of Chicago, as appropriate, subject to
30    the provisions of this amendatory Act  of  the  93rd  General
31    Assembly.  An  act  done  by  a  mosquito  abatement district
32    abolished by this amendatory Act of the 93rd General Assembly
 
                            -7-      LRB093 04470 SJM 15586 a
 1    or an officer, employee, or agent of the  abolished  district
 2    with  respect to the transferred assets, liabilities, rights,
 3    powers, duties, or functions shall have the same legal effect
 4    as if done by the Northwest Mosquito Abatement District,  the
 5    Des  Plaines  Valley Mosquito Abatement District, or the City
 6    of Chicago, as appropriate, or an officer, employee, or agent
 7    of the Northwest Mosquito Abatement District, the Des Plaines
 8    Valley Mosquito Abatement District, or the City  of  Chicago,
 9    as appropriate.
10        (b)  The transfer of assets, liabilities, rights, powers,
11    duties,  and  functions under this amendatory Act of the 93rd
12    General Assembly does  not  invalidate  any  previous  action
13    taken  by  or  in  respect  to  a mosquito abatement district
14    abolished by this amendatory Act of the 93rd General Assembly
15    or its officers,  employees,  or  agents.  References  to  an
16    abolished   mosquito  abatement  district  or  its  officers,
17    employees, or agents in any document, contract, agreement, or
18    law shall, in appropriate contexts, be deemed to refer to the
19    Northwest Mosquito Abatement District, the Des Plaines Valley
20    Mosquito Abatement District,  or  the  City  of  Chicago,  as
21    appropriate, or its officers, employees, or agents.
22        (c)  The  transfer  under this amendatory Act of the 93rd
23    General Assembly  of  assets,  liabilities,  rights,  powers,
24    duties,  and  functions  of  a  mosquito  abatement  district
25    abolished by this amendatory Act of the 93rd General Assembly
26    does  not affect any person's rights, obligations, or duties,
27    including any civil or criminal penalties applicable thereto,
28    arising out of those transferred assets, liabilities, rights,
29    powers, duties, and functions.
30        (d)  With respect to matters that pertain  to  an  asset,
31    liability, right, power, duty, or function transferred to the
32    Northwest Mosquito Abatement District, the Des Plaines Valley
33    Mosquito  Abatement  District,  or  the City of Chicago under
34    this Act:
 
                            -8-      LRB093 04470 SJM 15586 a
 1             (1)  Beginning July 1, 2004, a report or notice that
 2        was previously required to be made or given by any person
 3        to  a  mosquito  abatement  district  abolished  by  this
 4        amendatory Act of the 93rd General Assembly or any of its
 5        officers, employees, or agents shall be made or given  in
 6        the  same  manner  to  the  Northwest  Mosquito Abatement
 7        District,  the  Des  Plaines  Valley  Mosquito  Abatement
 8        District, or the City of Chicago, as appropriate, or  its
 9        appropriate officer, employee, or agent.
10             (2)  Beginning  July  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        Northwest Mosquito Abatement District,  the  Des  Plaines
17        Valley  Mosquito  Abatement  District,  or  the  City  of
18        Chicago,  as  appropriate,  or  its  appropriate officer,
19        employee, or agent.
20        (e)  This amendatory Act of  the  93rd  General  Assembly
21    does  not  affect  any  act done, ratified, or cancelled, any
22    right occurring or established, or any action  or  proceeding
23    had  or  commenced  in  an administrative, civil, or criminal
24    cause before July 1, 2004. Any such action or proceeding that
25    pertains to an  asset,  liability,  right,  power,  duty,  or
26    function  transferred  to  the  Northwest  Mosquito Abatement
27    District, the Des Plaines Valley Mosquito Abatement District,
28     or the City of Chicago under this amendatory Act of the 93rd
29    General Assembly and that is pending  on  that  date  may  be
30    prosecuted,  defended, or continued by the Northwest Mosquito
31    Abatement District, the Des Plaines Valley Mosquito Abatement
32    District, or the City of Chicago, as appropriate.

33        (70 ILCS 1005/0.11 new)
 
                            -9-      LRB093 04470 SJM 15586 a
 1        Sec. 0.11.  Disputes. Any disputes that arise as a result
 2    of the abolishment of a mosquito district and the  assumption
 3    of  the  assets,  liabilities,  rights,  powers,  duties, and
 4    functions of the abolished district shall be resolved  by  an
 5    appropriate action commenced in the circuit court.

 6        (70 ILCS 1005/8) (from Ch. 111 1/2, par. 81)
 7        Sec.  8.  The board of trustees of any mosquito abatement
 8    district shall, in its work, advise and  cooperate  with  the
 9    Department  of  Public  Health of the State, and the board of
10    trustees of such district shall submit to such Department, on
11    or before January 1st of each year, a report of the work done
12    and results obtained by the  district  during  the  preceding
13    year.
14        The board of trustees of any mosquito abatement district,
15    or  its  designee,  shall  conduct  routine  surveillance  of
16    mosquitoes  to detect the presence of mosquito-borne diseases
17    of public health  significance.  The  surveillance  shall  be
18    conducted  in  accordance with mosquito abatement and control
19    guidelines as set forth  by  the  U.S.  Centers  for  Disease
20    Control  and  Prevention.  Areas  reporting disease in humans
21    shall be included in the  surveillance  activities.  Mosquito
22    abatement  districts  shall  report  to  the  local certified
23    public health department the results of any positive mosquito
24    samples infected with any  arboviral  infections,  including,
25    but  not limited to: West Nile Virus, St. Louis Encephalitis,
26    and Eastern Equine Encephalitis. Reports shall be made to the
27    local  certified  public  health  department's  director   of
28    environmental health, or a designee of the department, within
29    24  hours after receiving a positive report. The report shall
30    include the type  of  infection,  the  number  of  mosquitoes
31    collected in the trapping device, the type of trapping device
32    used,  and the type of laboratory testing used to confirm the
33    infection. Any trustee of a mosquito abatement  district,  or
 
                            -10-     LRB093 04470 SJM 15586 a
 1    designee  of  the  board  of trustees of a mosquito abatement
 2    district, that fails to comply with the requirements of  this
 3    Act is guilty of a Class A Misdemeanor.
 4    (Source: Laws 1927, p. 694.)".

 5        Section  10.   The  Township  Code is amended by changing
 6    Section 30-170 as follows:

 7        (60 ILCS 1/30-170)
 8        Sec. 30-170.  Mosquito abatement district.
 9        (a)  The electors may authorize  the  township  board  to
10    contract for the furnishing of mosquito abatement services in
11    the unincorporated area of the township.
12        (a-5)  Notwithstanding  any other provision of this Code,
13    as  provided  in  Section  0.03  of  the  Mosquito  Abatement
14    District Act, on  July  1,  2004  the  North  Shore  Mosquito
15    Abatement   District  and  the  South  Cook  County  Mosquito
16    Abatement District are abolished. No new  mosquito  abatement
17    districts  may  be organized in counties with a population of
18    3,000,000 or more on or after July 1, 2004.
19        (b)  The township board may adopt a resolution  declaring
20    the  unincorporated area of the township a mosquito abatement
21    district for tax purposes. Proof of the resolution authorizes
22    the county clerk to extend a tax upon the mosquito  abatement
23    district  in  the amount specified in the annual township tax
24    levy, but not more than a rate of  0.075%  of  the  value  of
25    taxable  property  as equalized or assessed by the Department
26    of Revenue.
27        (c)  Whenever a resolution creating a mosquito  abatement
28    district has been adopted, the township board shall order the
29    proposition  submitted  to the voters within the territory of
30    the proposed district at an election. The clerk shall certify
31    the proposition to  the  proper  election  officials.  Notice
32    shall  be given and the election conducted in accordance with
 
                            -11-     LRB093 04470 SJM 15586 a
 1    the general  election  law.   The  proposition  shall  be  in
 2    substantially the following form:
 3             Shall  a  mosquito  abatement district be created to
 4        serve the unincorporated areas of (name of township), and
 5        shall a tax be levied at a rate of not more  than  0.075%
 6        of  the  value  of  taxable  property  in the district as
 7        equalized or assessed by the Department of Revenue?
 8    The votes shall be recorded as "Yes" or "No".
 9        (d)  If a majority of votes cast on the proposition is in
10    favor of the mosquito abatement district, the district  shall
11    be created.
12        (e)  Any  territory  within a mosquito abatement district
13    that is annexed to  a  municipality  that  provides  mosquito
14    abatement  services  within  its  corporate  limits  shall be
15    automatically  disconnected  from   the   township   mosquito
16    abatement taxing district.
17    (Source: P.A. 86-310; 88-62.)

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