100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5605
 
Introduced , by Rep. Thaddeus Jones
 
SYNOPSIS AS INTRODUCED:
 

 
65 ILCS 5/11-129-6.5 new
65 ILCS 5/11-130-3.5 new
65 ILCS 5/11-139-8.5 new
30 ILCS 805/8.42 new

     Amends the Illinois Municipal Code. Provides that a municipal waterworks system,  water supply system, or combined waterworks and sewerage system may not charge consumers for the provision of water service in an amount that is determined by a court to be unconscionably extreme or represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer. Limits home rule powers. Amends the State Mandates Act requiring implementation without reimbursement. Effective immediately.
  


LRB100 20055 AWJ 35337 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
					
 
 
A BILL FOR
 

  
HB5605LRB100 20055 AWJ 35337 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Municipal Code is amended  by adding 
5Sections 11-129-6.5, 11-130-3.5, and 11-139-8.5 as follows:
 
6    (65 ILCS 5/11-129-6.5 new)
7    Sec. 11-129-6.5. Unconscionable rates; gross disparities.
8    (a)   A municipal waterworks system or water supply system 
9may not charge consumers for the provision of water service in 
10an amount that:
11        (1)   is determined by a court to be unconscionably 
12    extreme; or
13        (2)   represents a gross disparity between the cost to 
14    the municipality of providing the water service and the 
15    cost charged to the consumer.
16    (b)   A home rule municipality may not charge consumers for 
17the provision of water service in a manner inconsistent with 
18this Section. This Section is a limitation under subsection (i) 
19of Section 6 of Article VII of the Illinois Constitution on the 
20concurrent exercise by home rule units of powers and functions 
21exercised by the State.
 
22    (65 ILCS 5/11-130-3.5 new)
 
 
HB5605- 2 -LRB100 20055 AWJ 35337 b

1    Sec. 11-130-3.5. Unconscionable rates; gross disparities.
2    (a)   A municipal waterworks system may not charge consumers 
3for the provision of water service in an amount that:
4        (1)   is determined by a court to be unconscionably 
5    extreme; or
6        (2)   represents a gross disparity between the cost to 
7    the municipality of providing the water service and the 
8    cost charged to the consumer.
9    (b)   A home rule municipality may not charge consumers for 
10the provision of water service in a manner inconsistent with 
11this Section. This Section is a limitation under subsection (i) 
12of Section 6 of Article VII of the Illinois Constitution on the 
13concurrent exercise by home rule units of powers and functions 
14exercised by the State.
 
15    (65 ILCS 5/11-139-8.5 new)
16    Sec. 11-139-8.5. Unconscionable rates; gross disparities.
17    (a)   A municipality that maintains and operations a combined 
18waterworks and sewerage system may not charge consumers for the 
19provision of water service in an amount that:
20        (1)   is determined by a court to be unconscionably 
21    extreme; or
22        (2)   represents a gross disparity between the cost to 
23    the municipality of providing the water service and the 
24    cost charged to the consumer.
25    (b)   A home rule municipality may not charge consumers for 
 
 
HB5605- 3 -LRB100 20055 AWJ 35337 b

1the provision of water service in a manner inconsistent with 
2this Section. This Section is a limitation under subsection (i) 
3of Section 6 of Article VII of the Illinois Constitution on the 
4concurrent exercise by home rule units of powers and functions 
5exercised by the State.
 
6    Section 90. The State Mandates Act is amended by adding 
7Section 8.42 as follows:
 
8    (30 ILCS 805/8.42 new)
9    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8 
10of this Act, no reimbursement by the State is required for the 
11implementation of any mandate created by this amendatory Act of 
12the 100th General Assembly.
 
 
13    Section 99. Effective date. This Act takes effect upon 
14becoming law.