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Public Act 103-0932 Public Act 0932 103RD GENERAL ASSEMBLY | Public Act 103-0932 | SB2938 Enrolled | LRB103 39143 AWJ 69286 b |
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| 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.) |
Effective Date: 1/1/2025
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