Sen. Don Harmon
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 729
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2 | AMENDMENT NO. ______. Amend House Bill 729 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Tuberculosis Sanitarium District Act is | ||||||
5 | amended by
changing Sections 3 and 5.4 as follows:
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6 | (70 ILCS 920/3) (from Ch. 23, par. 1703)
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7 | Sec. 3. Board of directors.
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8 | (a) All courts shall take judicial notice of all | ||||||
9 | tuberculosis
sanitarium districts organized under this Act. | ||||||
10 | The affairs of such district
shall be managed by a board of 3 | ||||||
11 | directors, appointed by the presiding
officer of the county | ||||||
12 | board with the advice and consent of the county
board, of the | ||||||
13 | county in which the district is situated, except that in
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14 | districts of 500,000 or more population the board of directors | ||||||
15 | shall
consist of 5 members. At least one member of the board of | ||||||
16 | directors shall
be a licensed physician, and all shall be | ||||||
17 | chosen with reference to their
special fitness for the office. | ||||||
18 | The first appointments shall be made within
90 days and not | ||||||
19 | sooner than 60 days after the district has been organized
as | ||||||
20 | provided herein. Each member of the board shall be a legal | ||||||
21 | voter in the
district. At the time of the making of the first | ||||||
22 | appointments, one director
shall be appointed for a term of one | ||||||
23 | year, one for a term of 2 years, and
one for 3, as the case may | ||||||
24 | be, for a term of 3 years, and until their
successors are |
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1 | appointed and qualified. At the expiration of the term of
any | ||||||
2 | member, his successor shall be appointed in like manner for a | ||||||
3 | term of 3
years and until his successor is appointed and | ||||||
4 | qualified. But no more than
2 members of such board, if it | ||||||
5 | shall be a board of 3 members, and no more
than 3 members of | ||||||
6 | such board, if it shall be a board of 5 members, shall be
of the | ||||||
7 | same political party. Each member of the board before entering | ||||||
8 | upon
the duties of his office shall take the oath prescribed by | ||||||
9 | the
Constitution.
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10 | (b) From the time of the appointment of the first board of | ||||||
11 | directors, such
district shall be a body corporate and politic | ||||||
12 | by the name and style
determined as aforesaid, and by such name | ||||||
13 | may sue and be sued, contract and
be contracted with, acquire | ||||||
14 | and hold real and personal estate necessary for
the corporate | ||||||
15 | purposes and adopt a seal and alter the same at its pleasure. | ||||||
16 | (c) Notwithstanding any other provision of law to the | ||||||
17 | contrary, upon the effective date of this amendatory Act of the | ||||||
18 | 93rd General Assembly and until its dissolution by operation of | ||||||
19 | law on January 1, 2005, in addition to the members appointed | ||||||
20 | under subsection (a), the board of directors of the Suburban | ||||||
21 | Cook County Tuberculosis Sanitarium District shall consist of 2 | ||||||
22 | additional members as follows: (i) the Director of the Cook | ||||||
23 | County Department of Public Health, or his or her designee, and | ||||||
24 | (ii) an at-large member appointed by the President of the Cook | ||||||
25 | County Board. The additional members appointed under this | ||||||
26 | subsection are subject to the appointment requirements of | ||||||
27 | subsection (a), except to the extent that they conflict with | ||||||
28 | this subsection (c).
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29 | (Source: P.A. 85-1440.)
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30 | (70 ILCS 920/5.4 new)
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31 | Sec. 5.4. Dissolution of Suburban Cook County Tuberculosis | ||||||
32 | Sanitarium District; disposition of land and real estate; | ||||||
33 | continuation of District levy. |
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1 | (a) Notwithstanding any
provision of law to the contrary, | ||||||
2 | the Suburban Cook County Tuberculosis Sanitarium District is
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3 | dissolved by operation of law on January 1, 2005. | ||||||
4 | (b) Before January 1, 2005, the Board of Directors shall | ||||||
5 | prepare a transition plan that provides for the consolidation | ||||||
6 | of all of the existing programs, personnel, and infrastructure | ||||||
7 | of the District into the Cook County Bureau of Health Services | ||||||
8 | to be administered by the Cook County Department of Public | ||||||
9 | Health. Beginning on the effective date of this amendatory Act | ||||||
10 | of the 93rd General Assembly and before January 1, 2005, the | ||||||
11 | District shall not make any enhancements to pensions. | ||||||
12 | (c) Upon dissolution of the district: (i) all assets and | ||||||
13 | liabilities of the Suburban Cook County Tuberculosis | ||||||
14 | Sanitarium District
dissolved
under this amendatory Act of the | ||||||
15 | 93rd General Assembly shall be transferred to the Cook County | ||||||
16 | Board and the monetary assets shall be deposited into a special | ||||||
17 | purpose fund for the care and treatment of tuberculosis in | ||||||
18 | suburban Cook County; (ii) the Cook County Department of Public | ||||||
19 | Health shall assume all responsibility for tuberculosis
care | ||||||
20 | and treatment of the Suburban Cook County Tuberculosis | ||||||
21 | Sanitarium District
dissolved
under this amendatory Act of the | ||||||
22 | 93rd General Assembly, including the provision of tuberculosis | ||||||
23 | care and treatment for units of local government with | ||||||
24 | State-certified local public health departments; and (iii) | ||||||
25 | employees of the Suburban Cook County Tuberculosis Sanitarium | ||||||
26 | District become employees of Cook County. | ||||||
27 | (d) The Cook County Board may transfer to the Cook County | ||||||
28 | Forest Preserve District appropriate unimproved real estate | ||||||
29 | owned by the Suburban Cook County Tuberculosis Sanitarium | ||||||
30 | District at the time of its dissolution. After the dissolution | ||||||
31 | of the District, any land owned by the District at the time of | ||||||
32 | its dissolution remains subject to any leases and encumbrances | ||||||
33 | that existed upon the dissolution of the District and, if the | ||||||
34 | land is subject to a lease, the land may not be taken by any |
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1 | unit of government during the term of the lease. | ||||||
2 | (e) The Cook County Board may continue, discontinue, | ||||||
3 | reduce, increase, suspend, resume, or reinstate any levy | ||||||
4 | imposed by the dissolved Suburban Cook County Tuberculosis | ||||||
5 | Sanitarium District and may expand the purpose of the levy to | ||||||
6 | include emerging respiratory diseases, including, but not | ||||||
7 | limited to severe acute respiratory syndrome and avian flu. All | ||||||
8 | revenue collected by the Cook County Board as a result of the | ||||||
9 | dissolution of the Suburban Cook County Tuberculosis | ||||||
10 | Sanitarium District shall be collected for the purpose of the | ||||||
11 | care and treatment of tuberculosis in Cook County, except that, | ||||||
12 | if the Cook County Board expands the purpose of the levy to | ||||||
13 | include emerging respiratory diseases, then only that portion | ||||||
14 | of the revenue collected by the Cook County Board that exceeds | ||||||
15 | the amount of revenue collected before the purpose was expanded | ||||||
16 | shall be collected for the purpose of emerging respiratory | ||||||
17 | diseases.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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