Bill Text: IL SB2938 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. In provisions about the powers of the board of trustees of a mosquito abatement district, provides that the board has powers relating to the surveillance and monitoring of ticks and the surveillance, monitoring, and extermination of mosquitoes and rats (rather than, in the introduced bill, the surveillance, monitoring, and extermination of mosquitoes, flies, ticks, and vectors). Further amends the Mosquito Abatement District Act. Provides that the board of trustees of a mosquito abatement district, or its designee, for the limited purposes of cooperation with the Department of Public Health, shall conduct routine surveillance of Department-identified vectors (rather than mosquitoes) to detect the presence of vector-borne diseases (rather than mosquito-borne diseases) of public health significance. Limits the scope of the surveillance, and requires a mosquito abatement district, or its designee, to notify a forest preserve district or conservation district prior to or within 48 hours after accessing the respective forest preserve district's or conservation district's land for surveillance required by the Department. Requires the district to report to the Department of Public Health, in addition to the local certified public health department, the results of any positive mosquito, tick, or vector (rather than mosquito) samples infected with arboviral or bacterial infections (rather than arboviral infections). Requires the report to include the number of vectors (rather than mosquitoes) collected in the trapping device. Expands an illustrative list of arboviral or bacterial infections. Modifies the new definition of "vector" in the introduced bill and moves the definition into the provisions concerning surveillance of vectors.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-04-24 - Assigned to Counties & Townships Committee [SB2938 Detail]

Download: Illinois-2023-SB2938-Engrossed.html

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SB2938 Engrossed LRB103 39143 AWJ 69286 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mosquito Abatement District Act is amended
by changing Sections 7, 8, and 10 as follows:
(70 ILCS 1005/7) (from Ch. 111 1/2, par. 80)
Sec. 7. The board of trustees of such district shall have
power to take all necessary or proper steps for the
surveillance and monitoring of ticks and the surveillance,
monitoring, and extermination of mosquitoes and rats , flies or
other insects within the district, and, subject to the
paramount control of the municipal or other public
authorities, to abate as nuisances all stagnant pools of water
and other breeding places for mosquitoes and rats , flies or
other insects within the district; to purchase such supplies
and materials and to employ such labor and assistants as may be
necessary or proper in furtherance of the objects of this Act,
and if necessary or proper, in the furtherance of the same, to
build, construct and thereafter to repair and maintain
necessary levees, cuts, canals or channels upon any land
within the district, and to acquire by purchase, condemnation
or other lawful means, in the name of the district, any
necessary lands, rights of way, easements, property or

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material requisite or necessary for any such purpose; to make
contracts to indemnify or compensate any owner of land or
other property for any injury or damage necessarily caused by
the exercise of the powers of this Act conferred or arising out
of the use, taking or damage of such property for any such
purposes, and generally to do any and all things necessary or
incident to the powers hereby granted and to carry out the
objects specified herein.
(Source: Laws 1927, p. 694.)
(70 ILCS 1005/8) (from Ch. 111 1/2, par. 81)
Sec. 8. The board of trustees of any mosquito abatement
district shall, in its work, advise and cooperate with the
Department of Public Health of the State, and the board of
trustees of such district shall submit to such Department, on
or before January 1st of each year, a report of the work done
and results obtained by the district during the preceding
year.
The board of trustees of any mosquito abatement district,
or its designee, for the limited purposes of cooperation with
the Department, shall conduct routine surveillance of
Department-identified vectors mosquitoes to detect the
presence of vector-borne mosquito-borne diseases of public
health significance. The surveillance required by the
Department under this Section does not grant a mosquito
abatement district any greater independent authority to

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monitor and exterminate than those powers granted in Section
7, and a mosquito abatement district, or its designee, shall
notify a forest preserve district or conservation district
prior to or within 48 hours after accessing the respective
forest preserve district's or conservation district's land for
surveillance required by the Department. This notification
requirement does not apply to mosquitoes, rats, or tick
surveillance performed by the mosquito abatement district or
its designee. The surveillance shall be conducted in
accordance with mosquito abatement and control guidelines as
set forth by the U.S. Centers for Disease Control and
Prevention. Areas reporting disease in humans shall be
included in the surveillance activities. Mosquito abatement
districts shall report to the local certified public health
department and the Department the results of any positive
mosquito, tick, or vector samples infected with any arboviral
or bacterial infections, including, but not limited to: West
Nile Virus, St. Louis Encephalitis, and Eastern Equine
Encephalitis, Borrelia burgdorferi, rickettsia species,
ehrlichia species, and other vector-borne diseases. Reports
shall be made to the local certified public health
department's director of environmental health, or a designee
of the department, within 24 hours after receiving a positive
report. The report shall include the type of infection, the
number of vectors mosquitoes collected in the trapping device,
the type of trapping device used, and the type of laboratory

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testing used to confirm the infection. Any trustee of a
mosquito abatement district, or designee of the board of
trustees of a mosquito abatement district, that fails to
comply with the requirements of this Act is guilty of a Class A
Misdemeanor.
As used in this Section:
"Department" means the Department of Public Health.
"Vector" means any of the following that have been
identified by the Department as necessary to be surveilled by
a mosquito abatement district for the purposes of supporting
the Department's mandate to investigate the causes of
dangerously contagious or infectious diseases: arthropods,
rodents, including rats and mice, birds, or other animals
capable of carrying disease-producing organisms to a human or
animal host. "Vector" does not include animals that transmit
disease to humans only when used as human food.
(Source: P.A. 93-734, eff. 7-14-04.)
(70 ILCS 1005/10) (from Ch. 111 1/2, par. 83)
Sec. 10. Any territory lying adjacent and contiguous to a
mosquito abatement district, and not part of another mosquito
abatement district, may be annexed to such district in the
following manner:
(a) Upon petition in writing, describing the territory
proposed to be annexed and signed by a majority of the legal
voters in such territory and by the owners of more than half of

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the taxable property in such territory as shown by the last
ascertained equalized value of the taxable property in such
territory, being filed with the trustees of such mosquito
abatement district, such trustees may annex such territory by
a resolution which shall be published at least once in a
newspaper having a general circulation in the territory and
shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of
the adoption of the resolution be submitted to the electors of
the territory; (2) the time in which the petition must be
filed; and (3) the date of the prospective referendum. The
county clerk of the county in which the territory is situated
shall provide a petition form to any individual requesting
one. The resolution shall be effective 30 days from the date of
publication and is subject to a referendum, if such referendum
is requested, prior to the effective date of the resolution,
by the voters in the district equal to 10% or more of the
registered voters in the district. Such trustees may also
order the question of the annexation of such territory to be
submitted to the legal voters of such district at a regular
election therein by certifying the question to the proper
election officials. Notice of such election shall be given and
the election conducted in the manner provided by the general
election law. The proposition shall be stated, "Shall the
territory (describing it) be annexed to The .... Mosquito
Abatement District?" If the majority of all the votes cast on

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the question is in favor of such annexation, the board of
trustees shall so certify to the county clerk, and within ten
days of such election the trustees by an order duly entered
upon their records shall annex such territory to the district
and shall file a map of the annexed territory in the office of
the county clerk of the county where the annexed territory is
situated. Thereupon such territory shall be deemed annexed to
and shall be a part of such mosquito abatement district.
(b) Whenever a mosquito abatement district operating
within territory predominantly in a municipality or 2 or more
municipalities that would become coterminous or nearly
coterminous with the municipality or municipalities upon the
annexation of additional territory within the municipality or
municipalities contains over 90% of territory of a specific
city or village, the mosquito abatement district may annex
additional adjacent and contiguous territory within that city
or village, but not incorporated within a mosquito abatement
district, the mosquito abatement district may annex the
additional territory by the passage of an ordinance to that
effect. The ordinance shall describe the territory annexed
together with an accurate map of the annexed territory.
The ordinance authorizing the annexation shall be
published within 10 days after the ordinance has been adopted,
in one or more newspapers having a general circulation within
the territory. The publication of the ordinance shall be
accompanied by a notice of (1) the specific number of voters

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required to sign a petition requesting the question of
annexation; (2) the time within which the petition must be
filed; and (3) the date of the prospective referendum. The
county clerk of the county in which the territory is situated
shall provide a petition form to any individual requesting
one.
The ordinance shall take effect 30 days after the date of
publication unless a referendum is requested prior to the
effective date of the ordinance by 10% or more of the
registered voters in the territory. The question of the
annexation of the territory may be submitted to the legal
voters of the territory at a regular election by certifying
the question to the proper election officials. Notice of the
election shall be given and the election conducted in the
manner provided by the general election law. The proposition
shall be stated, "Shall the territory (describing it) be
annexed to The .... Mosquito Abatement District?" If the
majority of all the votes cast on the question is in favor of
the annexation, the territory shall be deemed annexed to and
shall be a part of the mosquito abatement district. If the
ordinance becomes effective 30 days after the date of
publication or is approved by referendum, a copy of the
ordinance shall be filed in the offices of the county clerk and
recorder of each county in which the annexation takes place.
No territory may be annexed under this subsection (i) more
than one year after it has first been included in that city or

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