Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2938 Compare Versions

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Version 2 (New)

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1		-	Public Act 103-0932
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3	2		SB2938 Enrolled LRB103 39143 AWJ 69286 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Mosquito Abatement District Act is amended
8		-	by changing Sections 7, 8, and 10 as follows:
9		-	(70 ILCS 1005/7) (from Ch. 111 1/2, par. 80)
10		-	Sec. 7. The board of trustees of such district shall have
11		-	power to take all necessary or proper steps for the
12		-	surveillance and monitoring of ticks and the surveillance,
13		-	monitoring, and extermination of mosquitoes and rats , flies or
14		-	other insects within the district, and, subject to the
15		-	paramount control of the municipal or other public
16		-	authorities, to abate as nuisances all stagnant pools of water
17		-	and other breeding places for mosquitoes and rats , flies or
18		-	other insects within the district; to purchase such supplies
19		-	and materials and to employ such labor and assistants as may be
20		-	necessary or proper in furtherance of the objects of this Act,
21		-	and if necessary or proper, in the furtherance of the same, to
22		-	build, construct and thereafter to repair and maintain
23		-	necessary levees, cuts, canals or channels upon any land
24		-	within the district, and to acquire by purchase, condemnation
25		-	or other lawful means, in the name of the district, any
26		-	necessary lands, rights of way, easements, property or
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Mosquito Abatement District Act is amended
	7	+	5 by changing Sections 7, 8, and 10 as follows:
	8	+	6 (70 ILCS 1005/7) (from Ch. 111 1/2, par. 80)
	9	+	7 Sec. 7. The board of trustees of such district shall have
	10	+	8 power to take all necessary or proper steps for the
	11	+	9 surveillance and monitoring of ticks and the surveillance,
	12	+	10 monitoring, and extermination of mosquitoes and rats , flies or
	13	+	11 other insects within the district, and, subject to the
	14	+	12 paramount control of the municipal or other public
	15	+	13 authorities, to abate as nuisances all stagnant pools of water
	16	+	14 and other breeding places for mosquitoes and rats , flies or
	17	+	15 other insects within the district; to purchase such supplies
	18	+	16 and materials and to employ such labor and assistants as may be
	19	+	17 necessary or proper in furtherance of the objects of this Act,
	20	+	18 and if necessary or proper, in the furtherance of the same, to
	21	+	19 build, construct and thereafter to repair and maintain
	22	+	20 necessary levees, cuts, canals or channels upon any land
	23	+	21 within the district, and to acquire by purchase, condemnation
	24	+	22 or other lawful means, in the name of the district, any
	25	+	23 necessary lands, rights of way, easements, property or
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33		-	material requisite or necessary for any such purpose; to make
34		-	contracts to indemnify or compensate any owner of land or
35		-	other property for any injury or damage necessarily caused by
36		-	the exercise of the powers of this Act conferred or arising out
37		-	of the use, taking or damage of such property for any such
38		-	purposes, and generally to do any and all things necessary or
39		-	incident to the powers hereby granted and to carry out the
40		-	objects specified herein.
41		-	(Source: Laws 1927, p. 694.)
42		-	(70 ILCS 1005/8) (from Ch. 111 1/2, par. 81)
43		-	Sec. 8. The board of trustees of any mosquito abatement
44		-	district shall, in its work, advise and cooperate with the
45		-	Department of Public Health of the State, and the board of
46		-	trustees of such district shall submit to such Department, on
47		-	or before January 1st of each year, a report of the work done
48		-	and results obtained by the district during the preceding
49		-	year.
50		-	The board of trustees of any mosquito abatement district,
51		-	or its designee, for the limited purposes of cooperation with
52		-	the Department, shall conduct routine surveillance of
53		-	Department-identified vectors mosquitoes to detect the
54		-	presence of vector-borne mosquito-borne diseases of public
55		-	health significance. The surveillance required by the
56		-	Department under this Section does not grant a mosquito
57		-	abatement district any greater independent authority to
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	34	+	1 material requisite or necessary for any such purpose; to make
	35	+	2 contracts to indemnify or compensate any owner of land or
	36	+	3 other property for any injury or damage necessarily caused by
	37	+	4 the exercise of the powers of this Act conferred or arising out
	38	+	5 of the use, taking or damage of such property for any such
	39	+	6 purposes, and generally to do any and all things necessary or
	40	+	7 incident to the powers hereby granted and to carry out the
	41	+	8 objects specified herein.
	42	+	9 (Source: Laws 1927, p. 694.)
	43	+	10 (70 ILCS 1005/8) (from Ch. 111 1/2, par. 81)
	44	+	11 Sec. 8. The board of trustees of any mosquito abatement
	45	+	12 district shall, in its work, advise and cooperate with the
	46	+	13 Department of Public Health of the State, and the board of
	47	+	14 trustees of such district shall submit to such Department, on
	48	+	15 or before January 1st of each year, a report of the work done
	49	+	16 and results obtained by the district during the preceding
	50	+	17 year.
	51	+	18 The board of trustees of any mosquito abatement district,
	52	+	19 or its designee, for the limited purposes of cooperation with
	53	+	20 the Department, shall conduct routine surveillance of
	54	+	21 Department-identified vectors mosquitoes to detect the
	55	+	22 presence of vector-borne mosquito-borne diseases of public
	56	+	23 health significance. The surveillance required by the
	57	+	24 Department under this Section does not grant a mosquito
	58	+	25 abatement district any greater independent authority to
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60		-	monitor and exterminate than those powers granted in Section
61		-	7, and a mosquito abatement district, or its designee, shall
62		-	notify a forest preserve district or conservation district
63		-	prior to or within 48 hours after accessing the respective
64		-	forest preserve district's or conservation district's land for
65		-	surveillance required by the Department. This notification
66		-	requirement does not apply to mosquitoes, rats, or tick
67		-	surveillance performed by the mosquito abatement district or
68		-	its designee. The surveillance shall be conducted in
69		-	accordance with mosquito abatement and control guidelines as
70		-	set forth by the U.S. Centers for Disease Control and
71		-	Prevention. Areas reporting disease in humans shall be
72		-	included in the surveillance activities. Mosquito abatement
73		-	districts shall report to the local certified public health
74		-	department and the Department the results of any positive
75		-	mosquito, tick, or vector samples infected with any arboviral
76		-	or bacterial infections, including, but not limited to: West
77		-	Nile Virus, St. Louis Encephalitis, and Eastern Equine
78		-	Encephalitis, Borrelia burgdorferi, rickettsia species,
79		-	ehrlichia species, and other vector-borne diseases. Reports
80		-	shall be made to the local certified public health
81		-	department's director of environmental health, or a designee
82		-	of the department, within 24 hours after receiving a positive
83		-	report. The report shall include the type of infection, the
84		-	number of vectors mosquitoes collected in the trapping device,
85		-	the type of trapping device used, and the type of laboratory
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88		-	testing used to confirm the infection. Any trustee of a
89		-	mosquito abatement district, or designee of the board of
90		-	trustees of a mosquito abatement district, that fails to
91		-	comply with the requirements of this Act is guilty of a Class A
92		-	Misdemeanor.
93		-	As used in this Section:
94		-	"Department" means the Department of Public Health.
95		-	"Vector" means any of the following that have been
96		-	identified by the Department as necessary to be surveilled by
97		-	a mosquito abatement district for the purposes of supporting
98		-	the Department's mandate to investigate the causes of
99		-	dangerously contagious or infectious diseases: arthropods,
100		-	rodents, including rats and mice, birds, or other animals
101		-	capable of carrying disease-producing organisms to a human or
102		-	animal host. "Vector" does not include animals that transmit
103		-	disease to humans only when used as human food.
104		-	(Source: P.A. 93-734, eff. 7-14-04.)
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	69	+	1 monitor and exterminate than those powers granted in Section
	70	+	2 7, and a mosquito abatement district, or its designee, shall
	71	+	3 notify a forest preserve district or conservation district
	72	+	4 prior to or within 48 hours after accessing the respective
	73	+	5 forest preserve district's or conservation district's land for
	74	+	6 surveillance required by the Department. This notification
	75	+	7 requirement does not apply to mosquitoes, rats, or tick
	76	+	8 surveillance performed by the mosquito abatement district or
	77	+	9 its designee. The surveillance shall be conducted in
	78	+	10 accordance with mosquito abatement and control guidelines as
	79	+	11 set forth by the U.S. Centers for Disease Control and
	80	+	12 Prevention. Areas reporting disease in humans shall be
	81	+	13 included in the surveillance activities. Mosquito abatement
	82	+	14 districts shall report to the local certified public health
	83	+	15 department and the Department the results of any positive
	84	+	16 mosquito, tick, or vector samples infected with any arboviral
	85	+	17 or bacterial infections, including, but not limited to: West
	86	+	18 Nile Virus, St. Louis Encephalitis, and Eastern Equine
	87	+	19 Encephalitis, Borrelia burgdorferi, rickettsia species,
	88	+	20 ehrlichia species, and other vector-borne diseases. Reports
	89	+	21 shall be made to the local certified public health
	90	+	22 department's director of environmental health, or a designee
	91	+	23 of the department, within 24 hours after receiving a positive
	92	+	24 report. The report shall include the type of infection, the
	93	+	25 number of vectors mosquitoes collected in the trapping device,
	94	+	26 the type of trapping device used, and the type of laboratory
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	105	+	1 testing used to confirm the infection. Any trustee of a
	106	+	2 mosquito abatement district, or designee of the board of
	107	+	3 trustees of a mosquito abatement district, that fails to
	108	+	4 comply with the requirements of this Act is guilty of a Class A
	109	+	5 Misdemeanor.
	110	+	6 As used in this Section:
	111	+	7 "Department" means the Department of Public Health.
	112	+	8 "Vector" means any of the following that have been
	113	+	9 identified by the Department as necessary to be surveilled by
	114	+	10 a mosquito abatement district for the purposes of supporting
	115	+	11 the Department's mandate to investigate the causes of
	116	+	12 dangerously contagious or infectious diseases: arthropods,
	117	+	13 rodents, including rats and mice, birds, or other animals
	118	+	14 capable of carrying disease-producing organisms to a human or
	119	+	15 animal host. "Vector" does not include animals that transmit
	120	+	16 disease to humans only when used as human food.
	121	+	17 (Source: P.A. 93-734, eff. 7-14-04.)
	122	+	18 (70 ILCS 1005/10) (from Ch. 111 1/2, par. 83)
	123	+	19 Sec. 10. Any territory lying adjacent and contiguous to a
	124	+	20 mosquito abatement district, and not part of another mosquito
	125	+	21 abatement district, may be annexed to such district in the
	126	+	22 following manner:
	127	+	23 (a) Upon petition in writing, describing the territory
	128	+	24 proposed to be annexed and signed by a majority of the legal
	129	+	25 voters in such territory and by the owners of more than half of
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	140	+	1 the taxable property in such territory as shown by the last
	141	+	2 ascertained equalized value of the taxable property in such
	142	+	3 territory, being filed with the trustees of such mosquito
	143	+	4 abatement district, such trustees may annex such territory by
	144	+	5 a resolution which shall be published at least once in a
	145	+	6 newspaper having a general circulation in the territory and
	146	+	7 shall include a notice of (1) the specific number of voters
	147	+	8 required to sign a petition requesting that the question of
	148	+	9 the adoption of the resolution be submitted to the electors of
	149	+	10 the territory; (2) the time in which the petition must be
	150	+	11 filed; and (3) the date of the prospective referendum. The
	151	+	12 county clerk of the county in which the territory is situated
	152	+	13 shall provide a petition form to any individual requesting
	153	+	14 one. The resolution shall be effective 30 days from the date of
	154	+	15 publication and is subject to a referendum, if such referendum
	155	+	16 is requested, prior to the effective date of the resolution,
	156	+	17 by the voters in the district equal to 10% or more of the
	157	+	18 registered voters in the district. Such trustees may also
	158	+	19 order the question of the annexation of such territory to be
	159	+	20 submitted to the legal voters of such district at a regular
	160	+	21 election therein by certifying the question to the proper
	161	+	22 election officials. Notice of such election shall be given and
	162	+	23 the election conducted in the manner provided by the general
	163	+	24 election law. The proposition shall be stated, "Shall the
	164	+	25 territory (describing it) be annexed to The .... Mosquito
	165	+	26 Abatement District?" If the majority of all the votes cast on
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	176	+	1 the question is in favor of such annexation, the board of
	177	+	2 trustees shall so certify to the county clerk, and within ten
	178	+	3 days of such election the trustees by an order duly entered
	179	+	4 upon their records shall annex such territory to the district
	180	+	5 and shall file a map of the annexed territory in the office of
	181	+	6 the county clerk of the county where the annexed territory is
	182	+	7 situated. Thereupon such territory shall be deemed annexed to
	183	+	8 and shall be a part of such mosquito abatement district.
	184	+	9 (b) Whenever a mosquito abatement district operating
	185	+	10 within territory predominantly in a municipality or 2 or more
	186	+	11 municipalities that would become coterminous or nearly
	187	+	12 coterminous with the municipality or municipalities upon the
	188	+	13 annexation of additional territory within the municipality or
	189	+	14 municipalities contains over 90% of territory of a specific
	190	+	15 city or village, the mosquito abatement district may annex
	191	+	16 additional adjacent and contiguous territory within that city
	192	+	17 or village, but not incorporated within a mosquito abatement
	193	+	18 district, the mosquito abatement district may annex the
	194	+	19 additional territory by the passage of an ordinance to that
	195	+	20 effect. The ordinance shall describe the territory annexed
	196	+	21 together with an accurate map of the annexed territory.
	197	+	22 The ordinance authorizing the annexation shall be
	198	+	23 published within 10 days after the ordinance has been adopted,
	199	+	24 in one or more newspapers having a general circulation within
	200	+	25 the territory. The publication of the ordinance shall be
	201	+	26 accompanied by a notice of (1) the specific number of voters
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	212	+	1 required to sign a petition requesting the question of
	213	+	2 annexation; (2) the time within which the petition must be
	214	+	3 filed; and (3) the date of the prospective referendum. The
	215	+	4 county clerk of the county in which the territory is situated
	216	+	5 shall provide a petition form to any individual requesting
	217	+	6 one.
	218	+	7 The ordinance shall take effect 30 days after the date of
	219	+	8 publication unless a referendum is requested prior to the
	220	+	9 effective date of the ordinance by 10% or more of the
	221	+	10 registered voters in the territory. The question of the
	222	+	11 annexation of the territory may be submitted to the legal
	223	+	12 voters of the territory at a regular election by certifying
	224	+	13 the question to the proper election officials. Notice of the
	225	+	14 election shall be given and the election conducted in the
	226	+	15 manner provided by the general election law. The proposition
	227	+	16 shall be stated, "Shall the territory (describing it) be
	228	+	17 annexed to The .... Mosquito Abatement District?" If the
	229	+	18 majority of all the votes cast on the question is in favor of
	230	+	19 the annexation, the territory shall be deemed annexed to and
	231	+	20 shall be a part of the mosquito abatement district. If the
	232	+	21 ordinance becomes effective 30 days after the date of
	233	+	22 publication or is approved by referendum, a copy of the
	234	+	23 ordinance shall be filed in the offices of the county clerk and
	235	+	24 recorder of each county in which the annexation takes place.
	236	+	25 No territory may be annexed under this subsection (i) more
	237	+	26 than one year after it has first been included in that city or
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