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Sen. Dan Cronin
Filed: 3/11/2010
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| AMENDMENT TO SENATE BILL 580
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| AMENDMENT NO. ______. Amend Senate Bill 580 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Water Commission Act of 1985 is amended by |
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| adding Sections 0.001, 0.001a, 0.001b, 0.001c, 0.001d, 0.001e, |
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| 0.001f, 0.001g, 0.001h, 0.001i, 0.001j, 0.001k, 0.001l, and |
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| 0.001m as follows: |
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| (70 ILCS 3720/0.001 new) |
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| Sec. 0.001. Purpose and findings. It is the purpose of this |
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| amendatory Act of the 96th General Assembly to abolish the |
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| water commissions created by this Act and to transfer to the |
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| respective home counties that are served by the water |
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| commissions all assets, property, liabilities, rights, powers, |
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| duties, and functions of the commissions. |
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| The General Assembly finds and declares that it is |
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| necessary and in the best interest of the people of the State |
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| and the persons served by these commissions to change the |
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| governance of the water systems created and functioning under |
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| this Act. The changes made by this amendatory Act of the 96th |
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| General Assembly are intended to save costs by eliminating an |
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| unnecessary additional level of government, make the |
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| governance of the water systems more responsive to the electors |
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| and water users, serve more equitably the municipalities |
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| receiving water, ensure the financial viability of the water |
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| systems, spread the costs of the water systems more equitably |
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| among the users, ensure proper financial and operational |
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| oversight, and to ensure that government services are delivered |
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| in a transparent and responsible manner. |
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| It is not the intent of this amendatory Act of the 96th |
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| General Assembly to change or permit the changing of any |
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| financial covenants or obligations of a water commission |
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| established under this Act to supply water.
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| (70 ILCS 3720/0.001a new) |
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| Sec. 0.001a. Districts abolished; assets, property, |
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| liabilities, rights, powers, duties, and functions assumed. |
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| Notwithstanding any provision of law to the contrary, any water |
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| commission established under this Act is abolished on December |
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| 1, 2011. On December 1, 2011, the home county serviced by a |
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| water commission that is abolished by this amendatory Act of |
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| the 96th General Assembly shall assume all assets, property, |
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| liabilities, rights, powers, duties, and functions of the |
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| abolished commission. |
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| (70 ILCS 3720/0.001b new) |
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| Sec. 0.001b. Transfer of personnel. On December 1, 2011, |
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| personnel employed by a water commission that is abolished by |
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| this amendatory Act of the 96th General Assembly are |
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| transferred to the home county serviced by the commission. The |
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| rights of these employees under collective bargaining |
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| agreements are not affected by this amendatory Act of the 96th |
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| General Assembly. |
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| (70 ILCS 3720/0.001c new) |
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| Sec. 0.001c. Transfer of property. Effective December 1, |
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| 2011, all books, records, documents, real and personal |
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| property, unexpended appropriations, and pending business of a |
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| water commission abolished under this amendatory Act of the |
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| 96th General Assembly are transferred and delivered to the home |
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| county serviced by the water commission. |
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| (70 ILCS 3720/0.001d new) |
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| Sec. 0.001d. Taxes. Beginning on December 1, 2011, the |
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| county board of a home county serviced by a water commission |
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| abolished under this amendatory Act of the 96th General |
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| Assembly shall have the power to levy and collect the tax set |
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| forth in subsection (f) of Section 2 of this Act. The revenues |
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| collected from this tax may be used only to repay the debts, |
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| obligations, and operating expenses incurred by an abolished |
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| water commission. |
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| (70 ILCS 3720/0.001e new) |
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| Sec. 0.001e. Water enterprise fund. On December 1, 2011, |
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| the home county shall establish a water enterprise fund. All |
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| moneys transferred to the home county under this amendatory Act |
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| of the 96th General Assembly shall, for accounting purposes, be |
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| stated separately in the water enterprise fund. If the home |
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| county has an existing water fund, the moneys from the |
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| abolished commission shall be kept as a separate fund in the |
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| county treasury. |
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| The home county must have an independent accredited auditor |
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| conduct an annual audit of the fund. This audit shall be sent |
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| to the Illinois Auditor General for review and comment. All |
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| audits and findings by the auditors must be made available to |
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| the public. |
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| (70 ILCS 3720/0.001f new) |
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| Sec. 0.001f. Water service for unincorporated areas. A |
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| municipality with a water supply contract with a home county |
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| serviced by a water commission abolished under Section 0.001a |
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| shall provide water to unincorporated areas of that home county |
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| that adjoin that municipality in accordance with the terms of |
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| this Section. The provision of water by the municipality shall |
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| be in accordance with an ordinance adopted by the home county. |
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| The home county must find that the area to be served received |
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| well water that is tainted, contaminated, or otherwise |
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| substandard or the general safety of the area is compromised. |
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| The ordinance of the home county shall designate the system |
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| within the unincorporated area to receive and distribute |
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| municipal water. |
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| (70 ILCS 3720/0.001g new) |
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| Sec. 0.001g. Water rate guarantee. Except to satisfy the |
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| obligations of the abolished water commission, the water rates |
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| charged to municipalities in effect on December 1, 2011 may be |
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| increased only by an amount equal to the rate increases charged |
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| to the home county for the purchase of the bulk water for a |
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| period of 5 years. The home county must increase the rates |
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| charged to municipalities by an amount equal to the rate |
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| increases charged to the home county for the purchase of bulk |
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| water in perpetuity no later than one month after the increases |
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| take effect. Under no circumstances may the home county charge |
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| a rate less than the rate of the bulk water purchased by the |
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| home county. After the initial 5-year period, the home county |
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| may not increase this rate above the bulk water rate without |
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| the affirmative vote of three-fifths of the county board. All |
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| other charges and fees levied by the abolished water commission |
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| before December 1, 2011 may not be increased for a period of 5 |
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| years. After the initial 5-year period, the home county may not |
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| increase the charges and fees levied by the abolished water |
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| commission without the affirmative vote of three-fifths of the |
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| county board. |
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| (70 ILCS 3720/0.001h new) |
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| Sec. 0.001h. Governance and oversight. The county board |
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| shall, by resolution, create a Water Operations and Planning |
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| Committee. The Water Operations and Planning Committee shall |
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| consist of equal numbers of county board and municipal |
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| representatives from each county board district and any other |
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| members as determined by the county and municipal members. |
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| The county board members shall be appointed by the |
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| chairperson of the county board. Municipal members from each |
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| county board district or other represented area shall be |
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| appointed by a majority vote of the mayors of those |
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| municipalities that have the greatest percentage of their |
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| respective populations residing in the county board district or |
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| other represented area, as applicable. All municipal and county |
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| board representatives shall be entitled to a vote. The Water |
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| Operations and Planning Committee shall adopt by-laws, by a |
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| majority vote, to govern the functions of the committee and its |
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| subcommittees. Officers of the committee shall include a chair |
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| to be selected by the chairperson of the county board and a |
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| vice-chair to be selected by the municipal representatives to |
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| the committee. |
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| The principal duties of the Water Operations and Planning |
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| Committee shall be to provide direct oversight and guidance for |
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| the functions of a dissolved commission and to provide |
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| recommendations for consideration by the county board. |
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| The Committee shall have no oversight over the DuPage |
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| County Public Works water system. |
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| (70 ILCS 3720/0.001i new) |
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| Sec. 0.001i. Ordinances, orders, and resolutions. |
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| (a) On December 1, 2011, the ordinances, orders, and |
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| resolutions of a water commission abolished by this amendatory |
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| Act of the 96th General Assembly that were in effect on |
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| November 30, 2011 and that pertain to the assets, property, |
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| liabilities, rights, powers, duties, and functions transferred |
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| to the home county serviced by the abolished commission shall |
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| become, with respect to that territory, the ordinances, orders, |
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| and resolutions of the home county and shall continue in effect |
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| until amended or repealed. |
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| (b) Any ordinances, orders, or resolutions pertaining to |
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| the assets, property, liabilities, rights, powers, duties, and |
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| functions transferred to the home county under this amendatory |
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| Act of the 96th General Assembly that have been proposed by a |
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| water commission abolished by this amendatory Act of the 96th |
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| General Assembly but have not taken effect or been finally |
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| adopted by November 30, 2011 shall become, with respect to that |
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| territory, the proposed ordinances, orders, and resolutions of |
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| the home county, and any procedures that have already been |
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| completed by the abolished water commission for those proposed |
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| ordinances, orders, or resolutions need not be repeated. |
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| (c) As soon as practical after December 1, 2011, the home |
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| county shall revise and clarify the ordinances, orders, and |
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| resolutions transferred to it under this amendatory Act of the |
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| 96th General Assembly. The home county may propose and adopt |
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| other ordinances, orders, or resolutions as may be necessary to |
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| consolidate and clarify the ordinances, orders, and |
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| resolutions assumed under this amendatory Act of the 96th |
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| General Assembly. |
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| (70 ILCS 3720/0.001j new) |
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| Sec. 0.001j. Cross references. Beginning on December 1, |
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| 2011, all references in other statutes, however phrased, to a |
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| water commission abolished under this amendatory act of the |
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| 96th General Assembly shall be references to the home county in |
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| its capacity as successor to the abolished water commission. |
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| (70 ILCS 3720/0.001k new) |
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| Sec. 0.001k. Savings provisions. |
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| (a) The assets, property, liabilities, rights, powers, |
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| duties, and functions transferred to a home county by this |
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| amendatory Act of the 96th General assembly shall be vested in |
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| that county subject to the provisions of this amendatory Act of |
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| the 96th General Assembly. An act done by an abolished water |
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| commission or by an officer, employee, or agent of the |
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| abolished water commission with respect to the transferred |
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| assets, property, liabilities, rights, powers, duties, or |
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| functions shall have the same legal effect as if done by the |
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| home county or by an officer, employee, or agent of the home |
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| county. |
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| (b) The transfer of assets, liabilities, rights, powers, |
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| duties, and functions under this amendatory Act of the 96th |
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| General Assembly does not invalidate any previous action taken |
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| by or in respect to an abolished water commission or its |
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| officers, employees, or agents. References to an abolished |
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| water commission or to its officers, employees, or agents in |
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| any document, contract, agreement, or law shall, in appropriate |
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| contexts, be deemed to refer to the home county or to its |
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| officers, employees, or agents. |
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| (c) The transfer of assets, property, liabilities, rights, |
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| powers, duties, and functions under this amendatory Act of the |
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| 96th General Assembly does not affect any person's rights, |
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| obligations, or duties, including any applicable civil or |
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| criminal penalties, arising out of those transferred assets, |
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| property, liabilities, rights, powers, duties, and functions. |
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| (d) With respect to matters pertaining to an asset, |
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| liability, right, power, duty, or function transferred to a |
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| home county under this amendatory Act of the 96th General |
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| Assembly: |
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| (1) Beginning December 1, 2011, a report or notice that |
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| was previously required to be made or given by any person |
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| to an abolished water commission or to any of its officers, |
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| employees, or agents must be made or given in the same |
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| manner to the home county or to its appropriate officer, |
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| employee, or agent. |
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| (2) Beginning December 1, 2011, a document that was |
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| previously required to be furnished or served by any person |
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| to or upon an abolished water commission or to or upon any |
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| of its officers, employees, or agents must be furnished or |
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| served in the same manner to or upon the home county or to |
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| or upon its appropriate officer, employee, or agent. |
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| (e) This amendatory Act of the 96th General Assembly does |
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| not affect any act done, ratified, or cancelled, any right |
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| occurring or established, or any action or proceeding had or |
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| commenced in an administrative, civil, or criminal cause before |
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| December 1, 2011. Any action or proceeding that pertains to an |
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| asset, property, liability, right, power, duty, or function |
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| transferred to a home county under this Act and that is pending |
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| on October 1, 2011 may be prosecuted, defended, or continued by |
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| the home county. |
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| (70 ILCS 3720/0.001l new) |
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| Sec. 0.001l. Disputes. Any disputes that arise as a result |
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| of the abolishment of a water commission and the assumption by |
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| the home county of the assets, property, liabilities, rights, |
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| powers, duties, and functions of the abolished commission shall |
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| be resolved by an appropriate action commenced in the circuit |
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| court. |
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| (70 ILCS 3720/0.001m new) |
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| Sec. 0.001m. Home rule. A home rule unit may not regulate |
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| its water systems in a manner that is inconsistent with the |
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| provisions of this amendatory Act of the 96th General Assembly. |
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| This Section is a limitation under subsection (i) of Section 6 |
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| of Article VII of the Illinois Constitution on the concurrent |
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| exercise by home rule units of powers and functions exercised |
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| by the State.
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| Section 10. The State Mandates Act is amended by adding |
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| Section 8.34 as follows: |
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| (30 ILCS 805/8.34 new) |
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| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 96th General Assembly. |
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes. |
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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