Full Text of HB0729 93rd General Assembly
HB0729sam001 93RD GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/11/2004
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09300HB0729sam001 |
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LRB093 05832 MKM 50723 a |
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| AMENDMENT TO HOUSE BILL 729
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| AMENDMENT NO. ______. Amend House Bill 729 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Tuberculosis Sanitarium District Act is | 5 |
| amended by
changing Sections 3 and 5.4 as follows:
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| (70 ILCS 920/3) (from Ch. 23, par. 1703)
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| Sec. 3. Board of directors.
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| (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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| 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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| 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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| (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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| (Source: P.A. 85-1440.)
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| (70 ILCS 920/5.4 new)
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| 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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| (a) Notwithstanding any
provision of law to the contrary, | 2 |
| the Suburban Cook County Tuberculosis Sanitarium District is
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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
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