Full Text of SB2938 103rd General Assembly
SB2938enr 103RD GENERAL ASSEMBLY | | | SB2938 Enrolled | | LRB103 39143 AWJ 69286 b |
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| 1 | | AN ACT concerning local government. | 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 changing Sections 7, 8, and 10 as follows: | 6 | | (70 ILCS 1005/7) (from Ch. 111 1/2, par. 80) | 7 | | Sec. 7. The board of trustees of such district shall have | 8 | | power to take all necessary or proper steps for the | 9 | | surveillance and monitoring of ticks and the surveillance, | 10 | | monitoring, and extermination of mosquitoes and rats , flies or | 11 | | other insects within the district, and, subject to the | 12 | | paramount control of the municipal or other public | 13 | | authorities, to abate as nuisances all stagnant pools of water | 14 | | and other breeding places for mosquitoes and rats , flies or | 15 | | other insects within the district; to purchase such supplies | 16 | | and materials and to employ such labor and assistants as may be | 17 | | necessary or proper in furtherance of the objects of this Act, | 18 | | and if necessary or proper, in the furtherance of the same, to | 19 | | build, construct and thereafter to repair and maintain | 20 | | necessary levees, cuts, canals or channels upon any land | 21 | | within the district, and to acquire by purchase, condemnation | 22 | | or other lawful means, in the name of the district, any | 23 | | necessary lands, rights of way, easements, property or |
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| 1 | | material requisite or necessary for any such purpose; to make | 2 | | contracts to indemnify or compensate any owner of land or | 3 | | other property for any injury or damage necessarily caused by | 4 | | the exercise of the powers of this Act conferred or arising out | 5 | | of the use, taking or damage of such property for any such | 6 | | purposes, and generally to do any and all things necessary or | 7 | | incident to the powers hereby granted and to carry out the | 8 | | objects specified herein. | 9 | | (Source: Laws 1927, p. 694.) | 10 | | (70 ILCS 1005/8) (from Ch. 111 1/2, par. 81) | 11 | | Sec. 8. The board of trustees of any mosquito abatement | 12 | | district shall, in its work, advise and cooperate with the | 13 | | Department of Public Health of the State , and the board of | 14 | | trustees of such district shall submit to such Department, on | 15 | | or before January 1st of each year, a report of the work done | 16 | | and results obtained by the district during the preceding | 17 | | year. | 18 | | The board of trustees of any mosquito abatement district, | 19 | | or its designee, for the limited purposes of cooperation with | 20 | | the Department, shall conduct routine surveillance of | 21 | | Department-identified vectors mosquitoes to detect the | 22 | | presence of vector-borne mosquito-borne diseases of public | 23 | | health significance. The surveillance required by the | 24 | | Department under this Section does not grant a mosquito | 25 | | abatement district any greater independent authority to |
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| 1 | | monitor and exterminate than those powers granted in Section | 2 | | 7, and a mosquito abatement district, or its designee, shall | 3 | | notify a forest preserve district or conservation district | 4 | | prior to or within 48 hours after accessing the respective | 5 | | forest preserve district's or conservation district's land for | 6 | | surveillance required by the Department. This notification | 7 | | requirement does not apply to mosquitoes, rats, or tick | 8 | | surveillance performed by the mosquito abatement district or | 9 | | its designee. The surveillance shall be conducted in | 10 | | accordance with mosquito abatement and control guidelines as | 11 | | set forth by the U.S. Centers for Disease Control and | 12 | | Prevention. Areas reporting disease in humans shall be | 13 | | included in the surveillance activities. Mosquito abatement | 14 | | districts shall report to the local certified public health | 15 | | department and the Department the results of any positive | 16 | | mosquito , tick, or vector samples infected with any arboviral | 17 | | or bacterial infections, including, but not limited to: West | 18 | | Nile Virus, St. Louis Encephalitis, and Eastern Equine | 19 | | Encephalitis , Borrelia burgdorferi, rickettsia species, | 20 | | ehrlichia species, and other vector-borne diseases . Reports | 21 | | shall be made to the local certified public health | 22 | | department's director of environmental health, or a designee | 23 | | of the department, within 24 hours after receiving a positive | 24 | | report. The report shall include the type of infection, the | 25 | | number of vectors mosquitoes collected in the trapping device, | 26 | | the type of trapping device used, and the type of laboratory |
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| 1 | | testing used to confirm the infection. Any trustee of a | 2 | | mosquito abatement district, or designee of the board of | 3 | | trustees of a mosquito abatement district, that fails to | 4 | | comply with the requirements of this Act is guilty of a Class A | 5 | | Misdemeanor. | 6 | | As used in this Section: | 7 | | "Department" means the Department of Public Health. | 8 | | "Vector" means any of the following that have been | 9 | | identified by the Department as necessary to be surveilled by | 10 | | a mosquito abatement district for the purposes of supporting | 11 | | the Department's mandate to investigate the causes of | 12 | | dangerously contagious or infectious diseases: arthropods, | 13 | | rodents, including rats and mice, birds, or other animals | 14 | | capable of carrying disease-producing organisms to a human or | 15 | | animal host. "Vector" does not include animals that transmit | 16 | | disease to humans only when used as human food. | 17 | | (Source: P.A. 93-734, eff. 7-14-04.) | 18 | | (70 ILCS 1005/10) (from Ch. 111 1/2, par. 83) | 19 | | Sec. 10. Any territory lying adjacent and contiguous to a | 20 | | mosquito abatement district, and not part of another mosquito | 21 | | abatement district, may be annexed to such district in the | 22 | | following manner: | 23 | | (a) Upon petition in writing, describing the territory | 24 | | proposed to be annexed and signed by a majority of the legal | 25 | | voters in such territory and by the owners of more than half of |
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| 1 | | the taxable property in such territory as shown by the last | 2 | | ascertained equalized value of the taxable property in such | 3 | | territory, being filed with the trustees of such mosquito | 4 | | abatement district, such trustees may annex such territory by | 5 | | a resolution which shall be published at least once in a | 6 | | newspaper having a general circulation in the territory and | 7 | | shall include a notice of (1) the specific number of voters | 8 | | required to sign a petition requesting that the question of | 9 | | the adoption of the resolution be submitted to the electors of | 10 | | the territory; (2) the time in which the petition must be | 11 | | filed; and (3) the date of the prospective referendum. The | 12 | | county clerk of the county in which the territory is situated | 13 | | shall provide a petition form to any individual requesting | 14 | | one. The resolution shall be effective 30 days from the date of | 15 | | publication and is subject to a referendum, if such referendum | 16 | | is requested, prior to the effective date of the resolution, | 17 | | by the voters in the district equal to 10% or more of the | 18 | | registered voters in the district. Such trustees may also | 19 | | order the question of the annexation of such territory to be | 20 | | submitted to the legal voters of such district at a regular | 21 | | election therein by certifying the question to the proper | 22 | | election officials. Notice of such election shall be given and | 23 | | the election conducted in the manner provided by the general | 24 | | election law. The proposition shall be stated, "Shall the | 25 | | territory (describing it) be annexed to The .... Mosquito | 26 | | Abatement District?" If the majority of all the votes cast on |
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| 1 | | the question is in favor of such annexation, the board of | 2 | | trustees shall so certify to the county clerk, and within ten | 3 | | days of such election the trustees by an order duly entered | 4 | | upon their records shall annex such territory to the district | 5 | | and shall file a map of the annexed territory in the office of | 6 | | the county clerk of the county where the annexed territory is | 7 | | situated. Thereupon such territory shall be deemed annexed to | 8 | | and shall be a part of such mosquito abatement district. | 9 | | (b) Whenever a mosquito abatement district operating | 10 | | within territory predominantly in a municipality or 2 or more | 11 | | municipalities that would become coterminous or nearly | 12 | | coterminous with the municipality or municipalities upon the | 13 | | annexation of additional territory within the municipality or | 14 | | municipalities contains over 90% of territory of a specific | 15 | | city or village, the mosquito abatement district may annex | 16 | | additional adjacent and contiguous territory within that city | 17 | | or village , but not incorporated within a mosquito abatement | 18 | | district, the mosquito abatement district may annex the | 19 | | additional territory by the passage of an ordinance to that | 20 | | effect. The ordinance shall describe the territory annexed | 21 | | together with an accurate map of the annexed territory. | 22 | | The ordinance authorizing the annexation shall be | 23 | | published within 10 days after the ordinance has been adopted , | 24 | | in one or more newspapers having a general circulation within | 25 | | the territory. The publication of the ordinance shall be | 26 | | accompanied by a notice of (1) the specific number of voters |
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| 1 | | required to sign a petition requesting the question of | 2 | | annexation; (2) the time within which the petition must be | 3 | | filed; and (3) the date of the prospective referendum. The | 4 | | county clerk of the county in which the territory is situated | 5 | | shall provide a petition form to any individual requesting | 6 | | one. | 7 | | The ordinance shall take effect 30 days after the date of | 8 | | publication unless a referendum is requested prior to the | 9 | | effective date of the ordinance by 10% or more of the | 10 | | registered voters in the territory. The question of the | 11 | | annexation of the territory may be submitted to the legal | 12 | | voters of the territory at a regular election by certifying | 13 | | the question to the proper election officials. Notice of the | 14 | | election shall be given and the election conducted in the | 15 | | manner provided by the general election law. The proposition | 16 | | shall be stated, "Shall the territory (describing it) be | 17 | | annexed to The .... Mosquito Abatement District?" If the | 18 | | majority of all the votes cast on the question is in favor of | 19 | | the annexation, the territory shall be deemed annexed to and | 20 | | shall be a part of the mosquito abatement district. If the | 21 | | ordinance becomes effective 30 days after the date of | 22 | | publication or is approved by referendum, a copy of the | 23 | | ordinance shall be filed in the offices of the county clerk and | 24 | | recorder of each county in which the annexation takes place. | 25 | | No territory may be annexed under this subsection (i) more | 26 | | than one year after it has first been included in that city or |
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| 1 | | village unless the territory so annexed is 50 acres or less or | 2 | | (ii) if the annexation would expand the mosquito abatement | 3 | | district's boundaries outside of a county unless the district | 4 | | already contains territory in that county. | 5 | | (Source: P.A. 95-664, eff. 10-11-07.) |
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