093_HB2549sam002 LRB093 04470 SJM 15586 a 1 AMENDMENT TO HOUSE BILL 2549 2 AMENDMENT NO. . Amend House Bill 2549 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Mosquito Abatement District Act is 5 amended by changing Section 8 and adding Sections 0.02, 0.03, 6 0.04, 0.05, 0.06, 0.07, 0.08, 0.09, 0.10, and 0.11 as 7 follows: 8 (70 ILCS 1005/0.02 new) 9 Sec. 0.02. Purpose. It is the purpose of this amendatory 10 Act of the 93rd General Assembly to abolish the North Shore 11 Mosquito Abatement District and to transfer all its assets, 12 liabilities, rights, powers, duties, and functions, including 13 the eradication of the West Nile Virus, to the Northwest 14 Mosquito Abatement District. It is also the purpose of this 15 amendatory Act of the 93rd General Assembly to abolish the 16 South Cook County Mosquito Abatement District and to transfer 17 to the Des Plaines Valley Mosquito Abatement District, or, in 18 the case of territory lying in the City of Chicago, to the 19 City of Chicago, all it's assets, liabilities, rights, 20 powers, duties, and functions, including the eradication of 21 the West Nile Virus. -2- LRB093 04470 SJM 15586 a 1 (70 ILCS 1005/0.03 new) 2 Sec. 0.03. Districts abolished; assets, liabilities, 3 rights, powers, duties, and functions assumed. 4 Notwithstanding any other provision of law, including any 5 other provision of this Act, the North Shore Mosquito 6 Abatement District and the South Cook County Mosquito 7 Abatement District are abolished on July 1, 2004. In 8 counties with a population of 3,000,000 or more, no new 9 mosquito abatement districts may be organized on or after 10 July 1, 2004. On July 1, 2004, the Northwest Mosquito 11 Abatement District shall assume all assets, liabilities, 12 rights, powers, duties, and functions, including the 13 eradication of the West Nile Virus, of the North Shore 14 Mosquito Abatement District. On July 1, 2004, the Des Plaines 15 Valley Mosquito Abatement District shall assume all assets, 16 liabilities, rights, powers, duties, and functions, including 17 the eradication of the West Nile Virus, of the South Cook 18 County Mosquito Abatement District, except with respect to 19 that the part of the South Cook County Mosquito Abatement 20 District that lies in the City of Chicago, which shall be 21 assumed by the City of Chicago. 22 (70 ILCS 1005/0.04 new) 23 Sec. 0.04. Mosquito abatement districts expanded. 24 Notwithstanding any other provision of this Act to the 25 contrary, beginning on July 1, 2004 the territory of the 26 Northwest Mosquito Abatement District shall consist of the 27 territory of the District as it existed on June 30, 2004 plus 28 the territory of the North Shore Mosquito Abatement District 29 as it existed on June 30, 2004. Notwithstanding any other 30 provision of this Act to the contrary, beginning on July 1, 31 2004 the territory of the Des Plaines Valley Mosquito 32 Abatement District shall consist of the territory of the 33 District as it existed on June 30, 2004 plus the territory of -3- LRB093 04470 SJM 15586 a 1 the South Cook County Mosquito Abatement District as it 2 existed on June 30, 2004, except with respect to that the 3 part of the South Cook County Mosquito Abatement District 4 that lies in the City of Chicago on June 30, 2004, which 5 shall be assumed by the City of Chicago. 6 (70 ILCS 1005/0.05 new) 7 Sec. 0.05. Transfer of property. 8 (a) Effective July 1, 2004, all books, records, 9 documents, property (real and personal), unexpended 10 appropriations, and pending business of the North Shore 11 Mosquito Abatement District shall be transferred and 12 delivered to the Northwest Mosquito Abatement District. 13 Effective July 1, 2004, all books, records, documents, 14 property (real and personal), unexpended appropriations, and 15 pending business of the South Cook County Mosquito Abatement 16 District shall be transferred and delivered to the Des 17 Plaines Valley Mosquito Abatement District, or, in the case 18 of any part of the South Cook County Mosquito Abatement 19 District that lies in the City of Chicago, to the City of 20 Chicago. 21 (b) With respect to the assets, liabilities, rights, 22 powers, duties, and functions of the South Cook County 23 Mosquito Abatement District abolished by this amendatory Act 24 of the 93rd General Assembly, the decision on which books, 25 records, documents, property (real and personal), unexpended 26 appropriations, and pending business shall be transferred to 27 the Des Plaines Valley Mosquito Abatement District and which 28 shall be transferred to the City of Chicago shall be made by 29 giving consideration to the proportionate percentage of 30 territory transferred to the Des Plaines Valley Mosquito 31 Abatement District and the proportionate percentage 32 transferred to the City of Chicago. -4- LRB093 04470 SJM 15586 a 1 (70 ILCS 1005/0.06 new) 2 Sec. 0.06. Tax levies for assumed mosquito abatement 3 districts. 4 (a) With respect to the territory of the North Shore 5 Mosquito Abatement District abolished by this amendatory Act 6 of the 93rd General Assembly, the Northwest Mosquito 7 Abatement District shall have the power and authority to levy 8 and collect such taxes at such rates as shall have been 9 previously authorized, levied, and collected by the North 10 Shore Mosquito Abatement District 11 (b) With respect to the territory of the South Cook 12 County Mosquito Abatement District abolished by this 13 amendatory Act of the 93rd General Assembly and assumed by 14 the Des Plaines Valley Mosquito Abatement District, the Des 15 Plaines Valley Mosquito Abatement District shall have the 16 power and authority to levy and collect such taxes at such 17 rates as shall have been previously authorized, levied, and 18 collected by the South Cook County Mosquito Abatement 19 District. 20 (70 ILCS 1005/0.07 new) 21 Sec. 0.07. City of Chicago tax levy. In the case of 22 territory of the South Cook County Mosquito Abatement 23 District abolished by this amendatory Act of the 93rd General 24 Assembly that lies in the City of Chicago, the City of 25 Chicago shall have the power and authority to levy and 26 collect such taxes at such rates as shall have been 27 previously authorized, levied, and collected by the South 28 Cook County Mosquito Abatement District with respect to that 29 territory for mosquito abatement purposes and for other 30 emerging public health threats. 31 (70 ILCS 1005/0.08 new) 32 Sec. 0.08. Ordinances, orders, and resolutions. -5- LRB093 04470 SJM 15586 a 1 (a) On July 1, 2004, the ordinances, orders, and 2 resolutions of a mosquito abatement district abolished by 3 this amendatory Act of the 93rd General Assembly that were in 4 effect on June 30, 2004 and pertain to the assets, 5 liabilities, rights, powers, duties, and functions 6 transferred to the Northwest Mosquito Abatement District, the 7 Des Plaines Valley Mosquito Abatement District, or the City 8 of Chicago under this amendatory Act of the 93rd General 9 Assembly shall become, with respect to that territory, the 10 ordinances, orders, and resolutions of the Northwest Mosquito 11 Abatement District, the Des Plaines Valley Mosquito Abatement 12 District, or the City of Chicago, as appropriate, and shall 13 continue in effect until amended or repealed. 14 (b) Any ordinances, orders, or resolutions pertaining to 15 the assets, liabilities, rights, powers, duties, and 16 functions transferred to the Northwest Mosquito Abatement 17 District, the Des Plaines Valley Mosquito Abatement District, 18 or the City of Chicago under this amendatory Act of the 93rd 19 General Assembly that have been proposed by a mosquito 20 abatement district abolished by this amendatory Act of the 21 93rd General Assembly but have not taken effect or been 22 finally adopted by June 30, 2004 shall become, with respect 23 to that territory, the proposed ordinances, orders, and 24 resolutions of the Northwest Mosquito Abatement District, the 25 Des Plaines Valley Mosquito Abatement District, or the City 26 of Chicago, as appropriate, on July 1, 2004, and any 27 procedures that have already been completed by a mosquito 28 abatement district abolished by this amendatory Act of the 29 93rd General Assembly for those proposed ordinances, orders, 30 or resolutions need not be repeated. 31 (c) As soon as practical after July 1, 2004, the 32 Northwest Mosquito Abatement District, the Des Plaines Valley 33 Mosquito Abatement District, and the City of Chicago shall 34 revise and clarify the ordinances, orders, and resolutions -6- LRB093 04470 SJM 15586 a 1 transferred to them under this amendatory Act of the 93rd 2 General Assembly to reflect the reorganization of assets, 3 liabilities, rights, powers, duties, and functions effected 4 by this amendatory Act of the 93rd General Assembly. The 5 Northwest Mosquito Abatement District, the Des Plaines Valley 6 Mosquito Abatement District, or the City of Chicago, as 7 appropriate, may propose and adopt such other ordinances, 8 orders, or resolutions as may be necessary to consolidate and 9 clarify the ordinances, orders, and resolutions assumed under 10 this amendatory Act of the 93rd General Assembly. 11 (70 ILCS 1005/0.09 new) 12 Sec. 0.09. Cross references. Beginning on July 1, 2004, 13 all references in other statutes, however phrased, to a 14 mosquito abatement district abolished under this amendatory 15 Act of the 93rd General Assembly shall be references to the 16 Northwest Mosquito Abatement District, the Des Plaines Valley 17 Mosquito Abatement District, or the City of Chicago, as 18 appropriate, in its capacity as successor to a mosquito 19 abatement district abolished under this amendatory Act of the 20 93rd General Assembly. 21 (70 ILCS 1005/0.10 new) 22 Sec. 0.10. Savings provisions. 23 (a) The assets, liabilities, rights, powers, duties, and 24 functions transferred to the Northwest Mosquito Abatement 25 District, the Des Plaines Valley Mosquito Abatement District, 26 or the City of Chicago by this amendatory Act of the 93rd 27 General Assembly shall be vested in the Northwest Mosquito 28 Abatement District, the Des Plaines Valley Mosquito Abatement 29 District, or the City of Chicago, as appropriate, subject to 30 the provisions of this amendatory Act of the 93rd General 31 Assembly. An act done by a mosquito abatement district 32 abolished by this amendatory Act of the 93rd General Assembly -7- LRB093 04470 SJM 15586 a 1 or an officer, employee, or agent of the abolished district 2 with respect to the transferred assets, liabilities, rights, 3 powers, duties, or functions shall have the same legal effect 4 as if done by the Northwest Mosquito Abatement District, the 5 Des Plaines Valley Mosquito Abatement District, or the City 6 of Chicago, as appropriate, or an officer, employee, or agent 7 of the Northwest Mosquito Abatement District, the Des Plaines 8 Valley Mosquito Abatement District, or the City of Chicago, 9 as appropriate. 10 (b) The transfer of assets, liabilities, rights, powers, 11 duties, and functions under this amendatory Act of the 93rd 12 General Assembly does not invalidate any previous action 13 taken by or in respect to a mosquito abatement district 14 abolished by this amendatory Act of the 93rd General Assembly 15 or its officers, employees, or agents. References to an 16 abolished mosquito abatement district or its officers, 17 employees, or agents in any document, contract, agreement, or 18 law shall, in appropriate contexts, be deemed to refer to the 19 Northwest Mosquito Abatement District, the Des Plaines Valley 20 Mosquito Abatement District, or the City of Chicago, as 21 appropriate, or its officers, employees, or agents. 22 (c) The transfer under this amendatory Act of the 93rd 23 General Assembly of assets, liabilities, rights, powers, 24 duties, and functions of a mosquito abatement district 25 abolished by this amendatory Act of the 93rd General Assembly 26 does not affect any person's rights, obligations, or duties, 27 including any civil or criminal penalties applicable thereto, 28 arising out of those transferred assets, liabilities, rights, 29 powers, duties, and functions. 30 (d) With respect to matters that pertain to an asset, 31 liability, right, power, duty, or function transferred to the 32 Northwest Mosquito Abatement District, the Des Plaines Valley 33 Mosquito Abatement District, or the City of Chicago under 34 this Act: -8- LRB093 04470 SJM 15586 a 1 (1) Beginning July 1, 2004, a report or notice that 2 was previously required to be made or given by any person 3 to a mosquito abatement district abolished by this 4 amendatory Act of the 93rd General Assembly or any of its 5 officers, employees, or agents shall be made or given in 6 the same manner to the Northwest Mosquito Abatement 7 District, the Des Plaines Valley Mosquito Abatement 8 District, or the City of Chicago, as appropriate, or its 9 appropriate officer, employee, or agent. 10 (2) Beginning July 1, 2004, a document that was 11 previously required to be furnished or served by any 12 person to or upon a mosquito abatement district abolished 13 by this amendatory Act of the 93rd General Assembly or 14 any of its officers, employees, or agents shall be 15 furnished or served in the same manner to or upon the 16 Northwest Mosquito Abatement District, the Des Plaines 17 Valley Mosquito Abatement District, or the City of 18 Chicago, as appropriate, or its appropriate officer, 19 employee, or agent. 20 (e) This amendatory Act of the 93rd General Assembly 21 does not affect any act done, ratified, or cancelled, any 22 right occurring or established, or any action or proceeding 23 had or commenced in an administrative, civil, or criminal 24 cause before July 1, 2004. Any such action or proceeding that 25 pertains to an asset, liability, right, power, duty, or 26 function transferred to the Northwest Mosquito Abatement 27 District, the Des Plaines Valley Mosquito Abatement District, 28 or the City of Chicago under this amendatory Act of the 93rd 29 General Assembly and that is pending on that date may be 30 prosecuted, defended, or continued by the Northwest Mosquito 31 Abatement District, the Des Plaines Valley Mosquito Abatement 32 District, or the City of Chicago, as appropriate. 33 (70 ILCS 1005/0.11 new) -9- LRB093 04470 SJM 15586 a 1 Sec. 0.11. Disputes. Any disputes that arise as a result 2 of the abolishment of a mosquito district and the assumption 3 of the assets, liabilities, rights, powers, duties, and 4 functions of the abolished district shall be resolved by an 5 appropriate action commenced in the circuit court. 6 (70 ILCS 1005/8) (from Ch. 111 1/2, par. 81) 7 Sec. 8. The board of trustees of any mosquito abatement 8 district shall, in its work, advise and cooperate with the 9 Department of Public Health of the State, and the board of 10 trustees of such district shall submit to such Department, on 11 or before January 1st of each year, a report of the work done 12 and results obtained by the district during the preceding 13 year. 14 The board of trustees of any mosquito abatement district, 15 or its designee, shall conduct routine surveillance of 16 mosquitoes to detect the presence of mosquito-borne diseases 17 of public health significance. The surveillance shall be 18 conducted in accordance with mosquito abatement and control 19 guidelines as set forth by the U.S. Centers for Disease 20 Control and Prevention. Areas reporting disease in humans 21 shall be included in the surveillance activities. Mosquito 22 abatement districts shall report to the local certified 23 public health department the results of any positive mosquito 24 samples infected with any arboviral infections, including, 25 but not limited to: West Nile Virus, St. Louis Encephalitis, 26 and Eastern Equine Encephalitis. Reports shall be made to the 27 local certified public health department's director of 28 environmental health, or a designee of the department, within 29 24 hours after receiving a positive report. The report shall 30 include the type of infection, the number of mosquitoes 31 collected in the trapping device, the type of trapping device 32 used, and the type of laboratory testing used to confirm the 33 infection. Any trustee of a mosquito abatement district, or -10- LRB093 04470 SJM 15586 a 1 designee of the board of trustees of a mosquito abatement 2 district, that fails to comply with the requirements of this 3 Act is guilty of a Class A Misdemeanor. 4 (Source: Laws 1927, p. 694.)". 5 Section 10. The Township Code is amended by changing 6 Section 30-170 as follows: 7 (60 ILCS 1/30-170) 8 Sec. 30-170. Mosquito abatement district. 9 (a) The electors may authorize the township board to 10 contract for the furnishing of mosquito abatement services in 11 the unincorporated area of the township. 12 (a-5) Notwithstanding any other provision of this Code, 13 as provided in Section 0.03 of the Mosquito Abatement 14 District Act, on July 1, 2004 the North Shore Mosquito 15 Abatement District and the South Cook County Mosquito 16 Abatement District are abolished. No new mosquito abatement 17 districts may be organized in counties with a population of 18 3,000,000 or more on or after July 1, 2004. 19 (b) The township board may adopt a resolution declaring 20 the unincorporated area of the township a mosquito abatement 21 district for tax purposes. Proof of the resolution authorizes 22 the county clerk to extend a tax upon the mosquito abatement 23 district in the amount specified in the annual township tax 24 levy, but not more than a rate of 0.075% of the value of 25 taxable property as equalized or assessed by the Department 26 of Revenue. 27 (c) Whenever a resolution creating a mosquito abatement 28 district has been adopted, the township board shall order the 29 proposition submitted to the voters within the territory of 30 the proposed district at an election. The clerk shall certify 31 the proposition to the proper election officials. Notice 32 shall be given and the election conducted in accordance with -11- LRB093 04470 SJM 15586 a 1 the general election law. The proposition shall be in 2 substantially the following form: 3 Shall a mosquito abatement district be created to 4 serve the unincorporated areas of (name of township), and 5 shall a tax be levied at a rate of not more than 0.075% 6 of the value of taxable property in the district as 7 equalized or assessed by the Department of Revenue? 8 The votes shall be recorded as "Yes" or "No". 9 (d) If a majority of votes cast on the proposition is in 10 favor of the mosquito abatement district, the district shall 11 be created. 12 (e) Any territory within a mosquito abatement district 13 that is annexed to a municipality that provides mosquito 14 abatement services within its corporate limits shall be 15 automatically disconnected from the township mosquito 16 abatement taxing district. 17 (Source: P.A. 86-310; 88-62.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.".