SB2323sam002 99TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 4/1/2016

09900SB2323sam002 LRB099 17862 AWJ 46912 a

AMENDMENT TO SENATE BILL 2323

AMENDMENT NO. ______. Amend Senate Bill 2323 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by changing Section 5-1005 and adding Section 5-1005.1 as follows:

(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)

Sec. 5-1005. Powers. Each county shall have power:

1. To purchase and hold the real and personal estate necessary for the uses of the county, and to purchase and hold, for the benefit of the county, real estate sold by virtue of judicial proceedings in which the county is plaintiff.

2. To sell and convey or lease any real or personal estate owned by the county.

3. To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate powers.

4. To take all necessary measures and institute proceedings to enforce all laws for the prevention of cruelty to animals.

5. To purchase and hold or lease real estate upon which may be erected and maintained buildings to be utilized for purposes of agricultural experiments and to purchase, hold and use personal property for the care and maintenance of such real estate in connection with such experimental purposes.

6. To cause to be erected, or otherwise provided, suitable buildings for, and maintain a county hospital and necessary branch hospitals and/or a county sheltered care home or county nursing home for the care of such sick, chronically ill or infirm persons as may by law be proper charges upon the county, or upon other governmental units, and to provide for the management of the same. The county board may establish rates to be paid by persons seeking care and treatment in such hospital or home in accordance with their financial ability to meet such charges, either personally or through a hospital plan or hospital insurance, and the rates to be paid by governmental units, including the State, for the care of sick, chronically ill or infirm persons admitted therein upon the request of such governmental units. Any hospital maintained by a county under this Section is authorized to provide any service and enter into any contract or other arrangement not prohibited for a hospital that is licensed under the Hospital Licensing Act, incorporated under the General Not-For-Profit Corporation Act, and exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.

7. To contribute such sums of money toward erecting, building, maintaining, and supporting any non-sectarian public hospital located within its limits as the county board of the county shall deem proper.

8. To purchase and hold real estate for the preservation of forests, prairies and other natural areas and to maintain and regulate the use thereof.

9. To purchase and hold real estate for the purpose of preserving historical spots in the county, to restore, maintain and regulate the use thereof and to donate any historical spot to the State.

10. To appropriate funds from the county treasury to be used in any manner to be determined by the board for the suppression, eradication and control of tuberculosis among domestic cattle in such county.

11. To take all necessary measures to prevent forest fires and encourage the maintenance and planting of trees and the preservation of forests.

12. To authorize the closing on Saturday mornings of all offices of all county officers at the county seat of each county, and to otherwise regulate and fix the days and the hours of opening and closing of such offices, except when the days and the hours of opening and closing of the office of any county officer are otherwise fixed by law; but the power herein conferred shall not apply to the office of State's Attorney and the offices of judges and clerks of courts and, in counties of 500,000 or more population, the offices of county clerk.

13. To provide for the conservation, preservation and propagation of insectivorous birds through the expenditure of funds provided for such purpose.

14. To appropriate funds from the county treasury and expend the same for care and treatment of tuberculosis residents.

15. Except as provided in Section 5-1005.1, in In counties having less than 1,000,000 inhabitants, to take all necessary or proper steps for the extermination of mosquitoes, flies or other insects within the county.

16. To install an adequate system of accounts and financial records in the offices and divisions of the county, suitable to the needs of the office and in accordance with generally accepted principles of accounting for governmental bodies, which system may include such reports as the county board may determine.

17. To purchase and hold real estate for the construction and maintenance of motor vehicle parking facilities for persons using county buildings, but the purchase and use of such real estate shall not be for revenue producing purposes.

18. To acquire and hold title to real property located within the county, or partly within and partly outside the county by dedication, purchase, gift, legacy or lease, for park and recreational purposes and to charge reasonable fees for the use of or admission to any such park or recreational area and to provide police protection for such park or recreational area. Personnel employed to provide such police protection shall be conservators of the peace within such park or recreational area and shall have power to make arrests on view of the offense or upon warrants for violation of any of the ordinances governing such park or recreational area or for any breach of the peace in the same manner as the police in municipalities organized and existing under the general laws of the State. All such real property outside the county shall be contiguous to the county and within the boundaries of the State of Illinois.

19. To appropriate funds from the county treasury to be used to provide supportive social services designed to prevent the unnecessary institutionalization of elderly residents, or, for operation of, and equipment for, senior citizen centers providing social services to elderly residents.

20. To appropriate funds from the county treasury and loan such funds to a county water commission created under the "Water Commission Act", approved June 30, 1984, as now or hereafter amended, in such amounts and upon such terms as the county may determine or the county and the commission may agree. The county shall not under any circumstances be obligated to make such loans. The county shall not be required to charge interest on any such loans.

21. To appropriate and expend funds from the county treasury for economic development purposes, including the making of grants to any other governmental entity or commercial enterprise deemed necessary or desirable for the promotion of economic development in the county.

22. To lease space on a telecommunications tower to a public or private entity.

23. In counties having a population of 100,000 or less and a public building commission organized by the county seat of the county, to cause to be erected or otherwise provided, and to maintain or cause to be maintained, suitable facilities to house students pursuing a post-secondary education at an academic institution located within the county. The county may provide for the management of the facilities.

All contracts for the purchase of coal under this Section shall be subject to the provisions of "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as amended.

(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; 96-622, eff. 8-24-09.)

(55 ILCS 5/5-1005.1 new)

Sec. 5-1005.1. Mosquito abatement activities by DuPage County. On the effective date of this amendatory Act of the 99th General Assembly, DuPage County shall discontinue all mosquito abatement activities and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of DuPage County in relation to mosquito abatement shall vest in and be assumed by the mosquito abatement districts created in paragraph (4) of Section 11a of the Mosquito Abatement District Act. Nothing in this Section shall be construed to prevent DuPage County from leasing or selling mosquito abatement-related equipment or supplies to one or more townships.

Section 10. The Township Code is amended by changing Sections 30-170 and 105-20 as follows:

(60 ILCS 1/30-170)

Sec. 30-170. Mosquito abatement district.

(a) The electors may authorize the township board to contract for the furnishing of mosquito abatement services in the unincorporated area of the township.

(b) The township board may adopt a resolution declaring the unincorporated area of the township a mosquito abatement district for tax purposes. Proof of the resolution authorizes the county clerk to extend a tax upon the mosquito abatement district in the amount specified in the annual township tax levy, but not more than a rate of 0.075% of the value of taxable property as equalized or assessed by the Department of Revenue.

(c) Whenever a resolution creating a mosquito abatement district has been adopted, the township board shall order the proposition submitted to the voters within the territory of the proposed district at an election. The clerk shall certify the proposition to the proper election officials. Notice shall be given and the election conducted in accordance with the general election law. The proposition shall be in substantially the following form:

Shall a mosquito abatement district be created to serve the unincorporated areas of (name of township), and shall a tax be levied at a rate of not more than 0.075% of the value of taxable property in the district as equalized or assessed by the Department of Revenue?

The votes shall be recorded as "Yes" or "No".

(d) If a majority of votes cast on the proposition is in favor of the mosquito abatement district, the district shall be created.

(e) Any territory within a mosquito abatement district that is annexed to a municipality that provides mosquito abatement services within its corporate limits shall be automatically disconnected from the township mosquito abatement taxing district.

(f) Beginning on the effective date of this amendatory Act of the 99th General Assembly, this Section shall not apply to the extent it conflicts with Section 11a of the Mosquito Abatement District Act.

(Source: P.A. 86-310; 88-62.)

(60 ILCS 1/105-20)

Sec. 105-20. Mosquito control and abatement.

(a) Except as provided in subsection (b) of this Section, the The township board may provide for mosquito control and abatement or may enter into contractual agreements with counties or with any public or private entity for purposes of mosquito control and mosquito abatement activities.

(b) On the effective date of this amendatory Act of the 99th General Assembly, all townships within DuPage County shall discontinue all mosquito abatement activities to the extent they conflict with the provisions of Section 11a of the Mosquito Abatement District Act.

(Source: P.A. 82-783; 88-62.)

Section 15. The Illinois Municipal Code is amended by adding Section 11-20-8.5 as follows:

(65 ILCS 5/11-20-8.5 new)

Sec. 11-20-8.5. Mosquito abatement activities by municipalities within DuPage County. On the effective date of this amendatory Act of the 99th General Assembly, all municipalities within DuPage County shall discontinue all mosquito abatement activities and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the municipalities in relation to mosquito abatement shall vest in and be assumed by the mosquito abatement districts created in paragraph (4) of Section 11a of the Mosquito Abatement District Act. Nothing in this Section shall be construed to prevent a municipality from leasing or selling mosquito abatement-related equipment or supplies to one or more townships.

A home rule municipality within DuPage County may not perform mosquito abatement activities. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

Section 20. The Mosquito Abatement District Act is amended by adding Section 11a as follows:

(70 ILCS 1005/11a new)

Sec. 11a. Dissolution of DuPage County mosquito abatement districts. On the effective date of this amendatory Act of the 99th General Assembly:

(1) all mosquito abatement districts in DuPage County are dissolved and discontinued and all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of each mosquito abatement district shall vest in and be assumed by the township in which the mosquito abatement district is located. If the mosquito abatement district is located in more than one township, each township which contains any part of the mosquito abatement district shall assume the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of that part of the mosquito abatement district located within its territory. If a parcel of property owned by the mosquito abatement district is located in more than one township, all townships in which any portion of the property lies shall determine and agree on the use or dividing of the property; and if all townships in which any portion of the property lies cannot agree on the use or dividing of the property then the county board shall determine the use or dividing of the property;

(2) all trustees of a dissolved mosquito abatement district shall cease to hold office. Each district board of trustees created under paragraph (4) shall exercise all duties and responsibilities of the trustees of each dissolved mosquito abatement district or part of a district for which a township assumed responsibility;

(3) each township board of trustees shall assume all taxing authority of each dissolved mosquito abatement district or part of a district dissolved for which a township assumed responsibility under this Section; and

(4) new mosquito abatement districts are created in each township of DuPage County. In each township of DuPage County, the supervisor, assessor, and highway commissioner, or their designees, shall serve as the board of the mosquito abatement district in that township. Each mosquito abatement district created under this Section, and each board created under this paragraph (4), shall have all the rights, powers, duties, obligations, and responsibilities of any mosquito abatement district or board created under this Act including, but not limited to, the ability to levy and collect taxes under this Act.".