Public Act 103-0932
 
SB2938 EnrolledLRB103 39143 AWJ 69286 b

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