Full Text of SB2323 99th General Assembly
SB2323sam002 99TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2323
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2323 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1005 and adding Section 5-1005.1 as follows:
| 6 | | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
| 7 | | Sec. 5-1005. Powers. Each county shall have power:
| 8 | | 1. To purchase and hold the real and personal estate | 9 | | necessary for the
uses of the county, and to purchase and | 10 | | hold, for the benefit of the
county, real estate sold by | 11 | | virtue of judicial proceedings in which the
county is | 12 | | plaintiff.
| 13 | | 2. To sell and convey or lease any real or personal | 14 | | estate owned
by the county.
| 15 | | 3. To make all contracts and do all other acts in | 16 | | relation to the
property and concerns of the county |
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| 1 | | necessary to the exercise of its
corporate powers.
| 2 | | 4. To take all necessary measures and institute | 3 | | proceedings to
enforce all laws for the prevention of | 4 | | cruelty to animals.
| 5 | | 5. To purchase and hold or lease real estate upon which | 6 | | may be
erected and maintained buildings to be utilized for | 7 | | purposes of
agricultural experiments and to purchase, hold | 8 | | and use personal property
for the care and maintenance of | 9 | | such real estate in connection with such
experimental | 10 | | purposes.
| 11 | | 6. To cause to be erected, or otherwise provided, | 12 | | suitable
buildings for, and maintain a county hospital and | 13 | | necessary branch
hospitals and/or a county sheltered care | 14 | | home or county nursing home for
the care of such sick, | 15 | | chronically ill or infirm persons as may by law
be proper | 16 | | charges upon the county, or upon other governmental units, | 17 | | and
to provide for the management of the same. The county | 18 | | board may
establish rates to be paid by persons seeking | 19 | | care and treatment in such
hospital or home in accordance | 20 | | with their financial ability to meet such
charges, either | 21 | | personally or through a hospital plan or hospital
| 22 | | insurance, and the rates to be paid by governmental units, | 23 | | including the
State, for the care of sick, chronically ill | 24 | | or infirm persons admitted
therein upon the request of such | 25 | | governmental units. Any hospital
maintained by a county | 26 | | under this Section is authorized to provide any
service and |
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| 1 | | enter into any contract or other arrangement not prohibited | 2 | | for
a hospital that is licensed under the Hospital | 3 | | Licensing Act, incorporated
under the General | 4 | | Not-For-Profit Corporation Act, and exempt from taxation
| 5 | | under paragraph (3) of subsection (c) of Section 501 of the | 6 | | Internal Revenue Code.
| 7 | | 7. To contribute such sums of money toward erecting, | 8 | | building,
maintaining, and supporting any non-sectarian | 9 | | public hospital located
within its limits as the county | 10 | | board of the county shall deem proper.
| 11 | | 8. To purchase and hold real estate for the | 12 | | preservation of forests,
prairies and other natural areas | 13 | | and to maintain and regulate the use thereof.
| 14 | | 9. To purchase and hold real estate for the purpose of | 15 | | preserving
historical spots in the county, to restore, | 16 | | maintain and regulate the
use thereof and to donate any | 17 | | historical spot to the State.
| 18 | | 10. To appropriate funds from the county treasury to be | 19 | | used in
any manner to be determined by the board for the | 20 | | suppression,
eradication and control of tuberculosis among | 21 | | domestic cattle in such county.
| 22 | | 11. To take all necessary measures to prevent forest | 23 | | fires and encourage
the maintenance and planting of trees | 24 | | and the preservation of forests.
| 25 | | 12. To authorize the closing on Saturday mornings of | 26 | | all
offices of all county officers at the county seat of |
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| 1 | | each county, and to
otherwise regulate and fix the days and | 2 | | the hours of opening and closing
of such offices, except | 3 | | when the days and the hours of opening and
closing of the | 4 | | office of any county officer are otherwise fixed by law;
| 5 | | but the power herein conferred shall not apply to the | 6 | | office of State's
Attorney and the offices of judges and | 7 | | clerks of courts and, in counties of
500,000 or more | 8 | | population, the offices of county clerk.
| 9 | | 13. To provide for the conservation, preservation and
| 10 | | propagation of insectivorous birds through the expenditure | 11 | | of funds
provided for such purpose.
| 12 | | 14. To appropriate funds from the county treasury and | 13 | | expend
the same for care and treatment of tuberculosis | 14 | | residents.
| 15 | | 15. Except as provided in Section 5-1005.1, in In | 16 | | counties having less than 1,000,000 inhabitants, to
take | 17 | | all necessary or proper steps for the extermination of | 18 | | mosquitoes,
flies or other insects within the county.
| 19 | | 16. To install an adequate system of accounts and | 20 | | financial
records in the offices and divisions of the | 21 | | county, suitable to the
needs of the office and in | 22 | | accordance with generally accepted principles
of | 23 | | accounting for governmental bodies, which system may | 24 | | include such
reports as the county board may determine.
| 25 | | 17. To purchase and hold real estate for the | 26 | | construction and
maintenance of motor vehicle parking |
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| 1 | | facilities for persons using county
buildings, but the | 2 | | purchase and use of such real estate shall not be for
| 3 | | revenue producing purposes.
| 4 | | 18. To acquire and hold title to real property located | 5 | | within
the county, or partly within and partly outside the | 6 | | county by
dedication, purchase, gift, legacy or lease, for | 7 | | park and recreational
purposes and to charge reasonable | 8 | | fees for the use of or admission to
any such park or | 9 | | recreational area and to provide police protection for
such | 10 | | park or recreational area. Personnel employed to provide | 11 | | such
police protection shall be conservators of the peace | 12 | | within such park or
recreational area and shall have power | 13 | | to make arrests on view of the
offense or upon warrants for | 14 | | violation of any of the ordinances
governing such park or | 15 | | recreational area or for any breach of the peace
in the | 16 | | same manner as the police in municipalities organized and
| 17 | | existing under the general laws of the State. All such real | 18 | | property outside
the county shall be contiguous to the | 19 | | county and within the boundaries of
the State of Illinois.
| 20 | | 19. To appropriate funds from the county treasury to be | 21 | | used
to provide supportive social services designed to | 22 | | prevent the unnecessary
institutionalization of elderly | 23 | | residents, or, for operation of, and
equipment for, senior | 24 | | citizen centers providing social services to elderly
| 25 | | residents.
| 26 | | 20. To appropriate funds from the county treasury and |
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| 1 | | loan such funds
to a county water commission created under | 2 | | the "Water Commission Act",
approved June 30, 1984, as now | 3 | | or hereafter amended, in such amounts and
upon such terms | 4 | | as the county may determine or the county and the
| 5 | | commission may agree. The county shall not under any | 6 | | circumstances be
obligated to make such loans. The county | 7 | | shall not be required to charge
interest on any such loans.
| 8 | | 21. To appropriate and expend funds from the county | 9 | | treasury for economic development purposes, including the | 10 | | making of grants to any other governmental entity or | 11 | | commercial enterprise deemed necessary or desirable for | 12 | | the promotion of economic development in the county.
| 13 | | 22. To lease space on a telecommunications tower to a | 14 | | public or private entity. | 15 | | 23. In counties having a population of 100,000 or less | 16 | | and a public building commission organized by the county | 17 | | seat of the county, to cause to be erected or otherwise | 18 | | provided, and to maintain or cause to be maintained, | 19 | | suitable facilities to house students pursuing a | 20 | | post-secondary education at an academic institution | 21 | | located within the county. The county may provide for the | 22 | | management of the facilities. | 23 | | All contracts for the purchase of coal under this Section | 24 | | shall be
subject to the provisions of "An Act concerning the | 25 | | use of Illinois mined
coal in certain plants and institutions", | 26 | | filed July 13, 1937, as amended.
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| 1 | | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | 2 | | 96-622, eff. 8-24-09.)
| 3 | | (55 ILCS 5/5-1005.1 new) | 4 | | Sec. 5-1005.1. Mosquito abatement activities by DuPage | 5 | | County. On the effective date of this amendatory Act of the | 6 | | 99th General Assembly, DuPage County shall discontinue all | 7 | | mosquito abatement activities and all the rights, powers, | 8 | | duties, assets, property, liabilities, obligations, and | 9 | | responsibilities of DuPage County in relation to mosquito | 10 | | abatement shall vest in and be assumed by the mosquito | 11 | | abatement districts created in paragraph (4) of Section 11a of | 12 | | the Mosquito Abatement District Act. Nothing in this Section | 13 | | shall be construed to prevent DuPage County from leasing or | 14 | | selling mosquito abatement-related equipment or supplies to | 15 | | one or more townships. | 16 | | Section 10. The Township Code is amended by changing | 17 | | Sections 30-170 and 105-20 as follows:
| 18 | | (60 ILCS 1/30-170)
| 19 | | Sec. 30-170. Mosquito abatement district.
| 20 | | (a) The electors may authorize the township board to | 21 | | contract for the
furnishing of mosquito abatement services in | 22 | | the unincorporated area of the
township.
| 23 | | (b) The township board may adopt a resolution declaring the |
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| 1 | | unincorporated
area of the township a mosquito abatement | 2 | | district for tax purposes. Proof of
the resolution authorizes | 3 | | the county clerk to extend a tax upon the mosquito
abatement | 4 | | district in the amount specified in the annual township tax | 5 | | levy, but
not more than a rate of 0.075% of the value of | 6 | | taxable property as equalized or
assessed by the Department of | 7 | | Revenue.
| 8 | | (c) Whenever a resolution creating a mosquito abatement | 9 | | district has
been adopted, the township board shall order the | 10 | | proposition submitted
to the voters within the territory of the | 11 | | proposed district at an election.
The clerk shall certify the | 12 | | proposition to the proper election officials.
Notice shall be | 13 | | given and the election conducted in accordance with the
general | 14 | | election law. The proposition shall be in substantially the
| 15 | | following form:
| 16 | | Shall a mosquito abatement district be created to serve | 17 | | the
unincorporated areas of (name of township), and shall a | 18 | | tax be levied at
a rate of not more than 0.075% of the | 19 | | value of taxable property in the
district as equalized or | 20 | | assessed by the Department of Revenue?
| 21 | | The votes shall be recorded as "Yes" or "No".
| 22 | | (d) If a majority of votes cast on the proposition is in | 23 | | favor of the
mosquito abatement district, the district shall be | 24 | | created.
| 25 | | (e) Any territory within a mosquito abatement district that | 26 | | is annexed
to a municipality that provides mosquito abatement |
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| 1 | | services within its
corporate limits shall be automatically | 2 | | disconnected from the township
mosquito abatement taxing | 3 | | district.
| 4 | | (f) Beginning on the effective date of this amendatory Act | 5 | | of the 99th General Assembly, this Section shall not apply to | 6 | | the extent it conflicts with Section 11a of the Mosquito | 7 | | Abatement District Act. | 8 | | (Source: P.A. 86-310; 88-62.)
| 9 | | (60 ILCS 1/105-20)
| 10 | | Sec. 105-20. Mosquito control and abatement. | 11 | | (a) Except as provided in subsection (b) of this Section, | 12 | | the The township board may provide
for mosquito control and | 13 | | abatement or may enter into contractual agreements
with | 14 | | counties or with any public or private entity for purposes of | 15 | | mosquito
control and mosquito abatement activities.
| 16 | | (b) On the effective date of this amendatory Act of the | 17 | | 99th General Assembly, all townships within DuPage County shall | 18 | | discontinue all mosquito abatement activities to the extent | 19 | | they conflict with the provisions of Section 11a of the | 20 | | Mosquito Abatement District Act. | 21 | | (Source: P.A. 82-783; 88-62.)
| 22 | | Section 15. The Illinois Municipal Code is amended by | 23 | | adding Section 11-20-8.5 as follows: |
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| 1 | | (65 ILCS 5/11-20-8.5 new) | 2 | | Sec. 11-20-8.5. Mosquito abatement activities by | 3 | | municipalities within DuPage County. On the effective date of | 4 | | this amendatory Act of the 99th General Assembly, all | 5 | | municipalities within DuPage County shall discontinue all | 6 | | mosquito abatement activities and all the rights, powers, | 7 | | duties, assets, property, liabilities, obligations, and | 8 | | responsibilities of the municipalities in relation to mosquito | 9 | | abatement shall vest in and be assumed by the mosquito | 10 | | abatement districts created in paragraph (4) of Section 11a of | 11 | | the Mosquito Abatement District Act. Nothing in this Section | 12 | | shall be construed to prevent a municipality from leasing or | 13 | | selling mosquito abatement-related equipment or supplies to | 14 | | one or more townships. | 15 | | A home rule municipality within DuPage County may not | 16 | | perform mosquito abatement activities. This Section is a denial | 17 | | and limitation of home rule powers and functions under | 18 | | subsection (g) of Section 6 of Article VII of the Illinois | 19 | | Constitution. | 20 | | Section 20. The Mosquito Abatement District Act is amended | 21 | | by adding Section 11a as follows: | 22 | | (70 ILCS 1005/11a new) | 23 | | Sec. 11a. Dissolution of DuPage County mosquito abatement | 24 | | districts. On the effective date of this amendatory Act of the |
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| 1 | | 99th General Assembly: | 2 | | (1) all mosquito abatement districts in DuPage County | 3 | | are dissolved and discontinued and all the rights, powers, | 4 | | duties, assets, property, liabilities, obligations, and | 5 | | responsibilities of each mosquito abatement district shall | 6 | | vest in and be assumed by the township in which the | 7 | | mosquito abatement district is located. If the mosquito | 8 | | abatement district is located in more than one township, | 9 | | each township which contains any part of the mosquito | 10 | | abatement district shall assume the rights, powers, | 11 | | duties, assets, property, liabilities, obligations, and | 12 | | responsibilities of that part of the mosquito abatement | 13 | | district located within its territory. If a parcel of | 14 | | property owned by the mosquito abatement district is | 15 | | located in more than one township, all townships in which | 16 | | any portion of the property lies shall determine and agree | 17 | | on the use or dividing of the property; and if all | 18 | | townships in which any portion of the property lies cannot | 19 | | agree on the use or dividing of the property then the | 20 | | county board shall determine the use or dividing of the | 21 | | property; | 22 | | (2) all trustees of a dissolved mosquito abatement | 23 | | district shall cease to hold office. Each district board of | 24 | | trustees created under paragraph (4) shall exercise all | 25 | | duties and responsibilities of the trustees of each | 26 | | dissolved mosquito abatement district or part of a district |
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| 1 | | for which a township assumed responsibility; | 2 | | (3) each township board of trustees shall assume all | 3 | | taxing authority of each dissolved mosquito abatement | 4 | | district or part of a district dissolved for which a | 5 | | township assumed responsibility under this Section; and | 6 | | (4) new mosquito abatement districts are created in | 7 | | each township of DuPage County. In each township of DuPage | 8 | | County, the supervisor, assessor, and highway | 9 | | commissioner, or their designees, shall serve as the board | 10 | | of the mosquito abatement district in that township. Each | 11 | | mosquito abatement district created under this Section, | 12 | | and each board created under this paragraph (4), shall have | 13 | | all the rights, powers, duties, obligations, and | 14 | | responsibilities of any mosquito abatement district or | 15 | | board created under this Act including, but not limited to, | 16 | | the ability to levy and collect taxes under this Act. ".
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