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90_HB0528ham001
LRB9000520DNksam
1 AMENDMENT TO HOUSE BILL 528
2 AMENDMENT NO. . Amend House Bill 528 by replacing
3 the title with the following:
4 "AN ACT to amend the Mosquito Abatement District Act by
5 adding Sections 0.05, 9.5, and 14."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Mosquito Abatement District Act is
9 amended by adding Sections 0.05, 9.5, and 14 as follows:
10 (70 ILCS 1005/0.05 new)
11 Sec. 0.05. Definitions. As used in this Act, unless the
12 context otherwise requires:
13 "Board" or "board of trustees" means a board of trustees
14 created under this Act to administer this Act.
15 "District" means a public mosquito abatement district
16 established under this Act and may include a proposed
17 mosquito abatement district.
18 "Judge" means a judge of a circuit court of this State
19 assigned to hear any matter brought before him or her under
20 this Act.
21 "Municipality" means a city, village, or incorporated
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1 town established and existing by applicable State law.
2 "Resident" means a person residing within the geographic
3 area within which a tax is imposed to support a district.
4 "Territory" means real estate within a district, and, for
5 annexation purposes, real estate that is subject to an
6 annexation proceeding under this Act and, for disconnection
7 purposes, real estate that is subject to disconnection
8 proceedings under this Act.
9 (70 ILCS 1005/9.5 new)
10 Sec. 9.5. Levy and collection of taxes by municipalities
11 and districts for mosquito abatement services. If a
12 municipality budgets for and provides mosquito abatement
13 services and levies, within its general tax levy, a tax to
14 fund those services, and if the municipality lies wholly or
15 partially within a district that also levies a district tax
16 upon territory that lies in both the affected municipality
17 and the district, then:
18 (1) The affected municipality shall pay to the
19 district the entire amount collected by the municipality
20 from its levy upon territory that lies within the
21 affected district that is also levying a district tax on
22 the territory.
23 (2) Whenever a district receives any payment from
24 any municipality, as provided for in this Section, the
25 district shall reduce and abate the taxes levied by the
26 district on the territory that is subject to taxation
27 for mosquito abatement purposes by both the affected
28 municipality and the district, at a rate that would
29 reduce the taxes by an amount equal to the amount
30 received by the district.
31 (70 ILCS 1005/14 new)
32 Sec. 14. Disconnection of territory by district board.
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1 Any territory that lies within both a district and a
2 municipality supplying mosquito abatement services shall be
3 disconnected from the district upon the action of the board
4 of the district.
5 The disconnected territory shall not, however, be
6 relieved from any existing bonded indebtedness of the
7 district previously created as to its proportionate share of
8 the indebtedness, until retired.
9 In the event a district fails to provide for
10 disconnection, an owner of record of any territory eligible
11 for disconnection may, by mandamus, compel the board to
12 disconnect the territory. Upon entry of a judgment in favor
13 of the petitioner, the district shall be liable for the legal
14 costs incurred by the petitioner.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".