93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2760

 

Introduced 2/5/2004, by John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1071.5 new
30 ILCS 805/8.28 new

    Amends the Counties Code. Provides that on and after July 1, 2005, the county board of Cook County may not regulate animal control for any unincorporated area in the county. Provides that for each unincorporated area or portion of an unincorporated area in Cook County, the county board of Cook County, before May 1, 2005, shall designate a municipality in the county that is contiguous to that unincorporated area or portion of that area, and, on and after July 1, 2005, the municipality shall have the power to regulate animal control in that unincorporated area. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement. Effective January 1, 2005.


LRB093 16039 MKM 41664 b

 

 

A BILL FOR

 

SB2760 LRB093 16039 MKM 41664 b

1     AN ACT concerning counties.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by adding Section
5 5-1071.5 as follows:
 
6     (55 ILCS 5/5-1071.5 new)
7     Sec. 5-1071.5 Animal control in unincorporated Cook
8 County.
9     (a) On and after July 1, 2005, the county board of Cook
10 County may not exercise any of the powers contained in Sections
11 5-1070, 5-1071, and 5-1071.1 for any unincorporated area in the
12 county. For each unincorporated area or portion of an
13 unincorporated area in Cook County, the county board of Cook
14 County, before May 1, 2005, must designate a municipality in
15 the county that is contiguous to that unincorporated area or
16 portion of that unincorporated area. On and after July 1, 2005,
17 the designated municipality has the power to regulate animal
18 control, including pounds, dogs running at large, and vicious
19 and dangerous dogs in that unincorporated area in accordance
20 with the provisions of Section 11-20-9 of the Illinois
21 Municipal Code.
22     (b) No home rule unit may exercise control over animal
23 control in a manner that is inconsistent with this Section.
24 This Section is a limitation of home rule powers under
25 subsection (i) of Section 6 of Article VII of the Illinois
26 Constitution on the concurrent exercise of home rule units of
27 powers and functions exercised by the State.
28     (c) Notwithstanding Sections 6 and 8 of the State Mandates
29 Act, no reimbursement by the State is required for the
30 implementation of any mandate created by this Section.
 
31     Section 90. The State Mandates Act is amended by adding

 

 

SB2760 - 2 - LRB093 16039 MKM 41664 b

1 Section 8.28 as follows:
 
2     (30 ILCS 805/8.28 new)
3     Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
4 of this Act, no reimbursement by the State is required for the
5 implementation of any mandate created by this amendatory Act of
6 the 93rd General Assembly.
 
7     Section 99. Effective date. This Act takes effect on
8 January 1, 2005.