093_HB3402enr

 
HB3402 Enrolled                      LRB093 09164 MKM 09396 b

 1        AN ACT concerning local government.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5. The Illinois State Auditing Act is amended by
 5    changing Section 3-1 as follows:

 6        (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
 7        Sec. 3-1. Jurisdiction of Auditor  General.  The  Auditor
 8    General has jurisdiction over all State agencies to make post
 9    audits  and investigations authorized by or under this Act or
10    the Constitution.
11        The  Auditor  General   has   jurisdiction   over   local
12    government agencies and private agencies only:
13             (a)  to make such post audits authorized by or under
14        this  Act as are necessary and incidental to a post audit
15        of a State agency or of a program administered by a State
16        agency involving public funds  of  the  State,  but  this
17        jurisdiction  does  not  include  any authority to review
18        local governmental agencies in the  obligation,  receipt,
19        expenditure  or use of public funds of the State that are
20        granted without limitation or condition imposed  by  law,
21        other than the general limitation that such funds be used
22        for public purposes;
23             (b)  to  make  investigations authorized by or under
24        this Act or the Constitution; and
25             (c)  to  make  audits  of  the  records   of   local
26        government   agencies   to   verify   actual   costs   of
27        state-mandated  programs  when  directed  to do so by the
28        Legislative Audit Commission at the request of the  State
29        Board of Appeals under the State Mandates Act.
30        In  addition  to  the  foregoing, the Auditor General may
31    conduct an audit of  the  Metropolitan  Pier  and  Exposition
 
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 1    Authority,   the   Regional   Transportation  Authority,  the
 2    Suburban Bus Division, the Commuter  Rail  Division  and  the
 3    Chicago  Transit  Authority  and any other subsidized carrier
 4    when authorized by the Legislative  Audit  Commission.   Such
 5    audit may be a financial, management or program audit, or any
 6    combination thereof.
 7        The  audit  shall determine whether they are operating in
 8    accordance with all applicable laws and regulations.  Subject
 9    to  the  limitations  of  this  Act,  the  Legislative  Audit
10    Commission    may    by    resolution    specify   additional
11    determinations to be included in the scope of the audit.
12        In addition to the foregoing, the  Auditor  General  must
13    also  conduct  a  financial  audit  of  the  Illinois  Sports
14    Facilities   Authority's  expenditures  of  public  funds  in
15    connection with the reconstruction,  renovation,  remodeling,
16    extension,  or improvement of all or substantially all of any
17    existing "facility", as that term is defined in the  Illinois
18    Sports Facilities Authority Act.
19        The  Auditor  General  may  also  conduct  an audit, when
20    authorized  by  the  Legislative  Audit  Commission,  of  any
21    hospital which receives 10% or more  of  its  gross  revenues
22    from  payments  from  the  State  of  Illinois, Department of
23    Public Aid, Medical Assistance Program.
24        The Auditor General is authorized  to  conduct  financial
25    and  compliance  audits  of  the  Illinois  Distance Learning
26    Foundation and the Illinois Conservation Foundation.
27        As soon as practical after the  effective  date  of  this
28    amendatory  Act  of 1995, the Auditor General shall conduct a
29    compliance and management audit of the City  of  Chicago  and
30    any  other  entity  with  regard  to the operation of Chicago
31    O'Hare International  Airport,  Chicago  Midway  Airport  and
32    Merrill  C.  Meigs Field. The audit shall include, but not be
33    limited  to,  an  examination  of  revenues,  expenses,   and
34    transfers  of  funds; purchasing and contracting policies and
 
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 1    practices;  staffing  levels;  and   hiring   practices   and
 2    procedures.  When  completed,  the  audit  required  by  this
 3    paragraph  shall  be  distributed  in accordance with Section
 4    3-14.
 5        The  Auditor  General  shall  conduct  a  financial   and
 6    compliance  and  program  audit  of  distributions  from  the
 7    Municipal  Economic  Development  Fund during the immediately
 8    preceding calendar year pursuant to Section  8-403.1  of  the
 9    Public  Utilities  Act  at  no  cost to the city, village, or
10    incorporated town that received the distributions.
11        The Auditor General must conduct an audit of  the  Health
12    Facilities  Planning  Board  pursuant  to Section 19.5 of the
13    Illinois Health Facilities Planning Act.
14        The Auditor General must conduct an annual audit  of  the
15    water fund of a county water commission organized pursuant to
16    the Water Commission Act of 1985.
17    (Source:  P.A.  90-813,  eff.  1-29-99;  91-782, eff. 6-9-00;
18    91-935, eff. 6-1-01.)

19        Section 10.  The Illinois Municipal Code  is  amended  by
20    changing Section 11-124-1 as follows:

21        (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
22        Sec. 11-124-1.  Contracts for supply of water.
23        (a)  The  corporate  authorities of each municipality may
24    contract with any person, corporation, municipal corporation,
25    political subdivision, public water  district  or  any  other
26    agency  for a supply of water. Any such contract entered into
27    by a municipality shall provide  that  payments  to  be  made
28    thereunder  shall  be  solely from the revenues to be derived
29    from  the  operation  of  the  waterworks   system   of   the
30    municipality,  and  the  contract shall be a continuing valid
31    and binding obligation of the municipality payable  from  the
32    revenues  derived from the operation of the waterworks system
 
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 1    of the municipality for the period of years,  not  to  exceed
 2    40,  as  may  be provided in such contract. Any such contract
 3    shall not be a debt within the meaning of any  constitutional
 4    or  statutory  limitation.  No  prior  appropriation shall be
 5    required  before  entering  into  such  a  contract  and   no
 6    appropriation  shall  be required to authorize payments to be
 7    made under the terms of any such contract notwithstanding any
 8    provision in this Code to the contrary. (a)  Payments  to  be
 9    made  under  any  such  contract  shall  be  an operation and
10    maintenance  expense  of  the  waterworks   system   of   the
11    municipality.  Any such contract made by a municipality for a
12    supply   of   water   may   contain  provisions  whereby  the
13    municipality is obligated to pay for  such  supply  of  water
14    without  setoff  or  counterclaim and irrespective of whether
15    such supply of water is ever  furnished,  made  available  or
16    delivered  to the municipality or whether any project for the
17    supply  of  water  contemplated  by  any  such  contract   is
18    completed,  operable  or  operating  and  notwithstanding any
19    suspension,   interruption,   interference,   reduction    or
20    curtailment  of  the  supply of water from such project.  Any
21    such contract may provide that if one or more  of  the  other
22    purchasers   of   water   defaults  in  the  payment  of  its
23    obligations under such contract or a  similar  contract  made
24    with  the supplier of the water, one or more of the remaining
25    purchasers party to such contract or  such  similar  contract
26    shall  be  required  to  pay  for  all  or  a  portion of the
27    obligations of the defaulting purchasers. (b) Payments to  be
28    made  under  any  such contract with a municipal joint action
29    water agency  under  the  Intergovernmental  Cooperation  Act
30    shall   be  an  operation  and  maintenance  expense  of  the
31    waterworks system of the  municipality.   Any  such  contract
32    made by a municipality for a supply of water with a municipal
33    joint  action  water  agency  under  the  provisions  of  the
34    Intergovernmental  Cooperation  Act  may  contain  provisions
 
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 1    whereby  the municipality is obligated to pay for such supply
 2    of water without setoff or counterclaim and  irrespective  of
 3    whether   such  supply  of  water  is  ever  furnished,  made
 4    available or delivered to the  municipality  or  whether  any
 5    project  for  the  supply  of  water contemplated by any such
 6    contract   is   completed,   operable   or   operating    and
 7    notwithstanding  any  suspension, interruption, interference,
 8    reduction or curtailment of the supply  of  water  from  such
 9    project.   Any  such  contract  with a municipal joint action
10    water agency may provide that if one or  more  of  the  other
11    purchasers   of   water   defaults  in  the  payment  of  its
12    obligations under such contract or a  similar  contract  made
13    with  the supplier of the water, one or more of the remaining
14    purchasers party to such contract or  such  similar  contract
15    shall  be  required  to  pay  for  all  or  a  portion of the
16    obligations of the defaulting purchasers.
17        The changes in this Section made by these amendatory Acts
18    of 1984 are intended to be declarative of existing law.
19        (b)  A municipality with a water supply contract  with  a
20    county  water  commission  organized  pursuant  to  the Water
21    Commission Act of 1985 shall provide water to  unincorporated
22    areas  of  that  home  county in accordance with the terms of
23    this subsection. The provision of water by  the  municipality
24    shall  be  in accordance with a mandate of the home county as
25    provided in Section 0.01 of the Water Commission Act of 1985.
26    A home rule unit may not provide water in a  manner  that  is
27    inconsistent  with  the  provisions of this amendatory Act of
28    the 93rd General Assembly. This subsection  is  a  limitation
29    under  subsection  (i)  of  Section  6  of Article VII of the
30    Illinois Constitution on the concurrent exercise by home rule
31    units of powers and functions exercised by the State.
32    (Source: P.A. 83-1123; 83-1524.)

33        Section 15.  The Water Commission Act of 1985 is  amended
 
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 1    by  changing  Section  2  and  by adding Sections 0.01, 0.02,
 2    0.03, 0.04, and 0.05 as follows:

 3        (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252)
 4        Sec. 2.  The General Assembly hereby finds  and  declares
 5    that  it  is  necessary  and  in  the public interest to help
 6    assure a sufficient and economic supply of a source of  water
 7    within  those  county wide areas of this State where, because
 8    of a growth  in  population  and  proximity  to  large  urban
 9    centers,  the  health, safety and welfare of the residents is
10    threatened by an ever increasing shortage  of  a  continuing,
11    available  and  adequate  source  and  supply  of water on an
12    economically reasonable basis; however, it is not the  intent
13    of  the  General  Assembly  to  interfere  with  the power of
14    municipalities to provide  for  the  retail  distribution  of
15    water  to  their  residents  or  the customers of their water
16    systems.  Therefore, in order to provide for a sufficient and
17    economic supply of water to such areas, it is hereby declared
18    to be the law of this State that:
19        (a)  With respect to  any  water  commission  constituted
20    pursuant  to  Division  135 of the Illinois Municipal Code or
21    established by operation of law under Public Act 83-1123,  as
22    amended, which water commission includes municipalities which
23    in the aggregate have within their corporate limits more than
24    50% of the population of a county (hereinafter referred to as
25    a  "home  county"), and such county is contiguous to a county
26    which has a population in excess  of  1,000,000  inhabitants,
27    the  provisions of this Act shall apply.  With respect to any
28    such water commission (hereinafter referred to as  a  "county
29    water commission"):
30             (i)  the   terms   of   all  commissioners  of  such
31        commission holding office at the time a water  commission
32        becomes a county water commission shall terminate 30 days
33        after  such time and new commissioners shall be appointed
 
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 1        as the governing board of the county water commission  as
 2        hereinafter provided in subsection (c); and
 3             (ii)  the  county water commission shall continue to
 4        be a body corporate and politic, and shall bear the  name
 5        of  the home county but shall be independent from and not
 6        a part of the county government and  shall  itself  be  a
 7        political subdivision and a unit of local government, and
 8        upon   appointment   of  the  new  commissioners  as  the
 9        governing board of such water commission as  provided  in
10        subsection   (c),  such  water  commission  shall  remain
11        responsible  for  the  full  payment  of,  and  shall  by
12        operation of law be deemed to have assumed and shall  pay
13        when  due  all debts and obligations of the commission as
14        the same is constituted and as such debts and obligations
15        existed on the  date  such  water  commission  becomes  a
16        county  water  commission  and  such additional debts and
17        obligations as are incurred by such commission after such
18        date  and  prior  to   the   appointment   of   the   new
19        commissioners  as the governing board of such commission,
20        and further shall  continue  to  have  and  exercise  all
21        powers  and  functions  and  duties of a water commission
22        created  pursuant  to  Division  135  of   the   Illinois
23        Municipal  Code,  as  now  or  hereafter amended, and the
24        county water commission may rely  on  that  Division,  as
25        modified  and supplemented by the provisions of this Act,
26        as lawful authority under which it may act.
27        (b)  Any  county  water  commission  shall  have  as  its
28    territory within its corporate limits,  subject  to  taxation
29    for  its  purposes, and subject to the powers and limitations
30    as conferred by this Act, (i) all of  the  territory  of  the
31    home   county   except  that  territory  located  within  the
32    corporate limits of excluded units as hereinafter defined and
33    (ii) also all of  the  territory  located  outside  the  home
34    county  and  included  within  the  corporate  limits  of  an
 
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 1    included  unit  as hereinafter defined.  As used in this Act,
 2    "excluded unit" means a unit of  local  government  having  a
 3    waterworks  system  and  having  within  its corporate limits
 4    territory within the home county and which, at the  time  any
 5    commission  becomes  a  county water commission, receives, or
 6    has contracted at such time for the receipt of, more than 25%
 7    of the water distributed by such unit's water system  from  a
 8    source  outside of the home county.  As used in this Section,
 9    "included unit" means any unit of local government  having  a
10    waterworks  system  and  having  within  its corporate limits
11    territory  within  the  home  county,  which  unit  of  local
12    government  is  not  an  excluded  unit.   No   other   water
13    commission  shall  be  constituted  under Division 135 of the
14    Illinois  Municipal  Code  in  any  home  county  after   the
15    effective  date  of this Act to provide water from any source
16    located outside the home county.  Except as authorized  by  a
17    county  water  commission,  no  home  county or included unit
18    shall enter into any new or  renew  or  extend  any  existing
19    contract,  agreement or other arrangement for the acquisition
20    or sale of water from  any  source  located  outside  a  home
21    county;   provided,  however,  that  any  included  unit  may
22    contract for a  supply  of  water  in  case  of  a  temporary
23    emergency  from  any  other  unit  of local government or any
24    entity.  In the event that any included unit elects to  serve
25    retail  customers  outside  its  corporate  boundaries and to
26    establish rates and charges for such water in excess of those
27    charged within  its  corporate  boundaries,  such  rates  and
28    charges  shall  have  a reasonable relationship to the actual
29    cost of providing and delivering the water; this provision is
30    declarative of existing law.  It is declared to be the law of
31    this State pursuant to paragraphs (g) and (h) of Section 6 of
32    Article VII of the Illinois Constitution  that  in  any  home
33    county,  the  provisions  of this Act and Division 135 of the
34    Illinois Municipal Code, as modified and supplemented by this
 
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 1    Act and this amendatory Act of  the  93rd  General  Assembly,
 2    constitute a limitation upon the power of any such county and
 3    upon  all  units  of local government (except excluded units)
 4    within such county, including home rule  units,  limiting  to
 5    such  county,  units  of local government and home rule units
 6    the power to  acquire,  supply  or  distribute  water  or  to
 7    establish  any  water  commission for such purposes involving
 8    water from any source located outside the home  county  in  a
 9    manner  other  than  as provided or permitted by this Act and
10    Division 135, as modified and supplemented by this  Act,  and
11    further  constitute an exercise of exclusive State power with
12    respect to the acquisition, supply and distribution of  water
13    from  any  source located outside the home county by any such
14    county and by units  of  local  government  (except  excluded
15    units),  including  home  rule  units, within such county and
16    with respect to the establishment for such  purposes  of  any
17    water  commission  therein,  which power may not be exercised
18    concurrently by any unit of local  government  or  home  rule
19    unit.   Upon the request of any included unit, a county water
20    commission shall provide such  included  unit  Lake  Michigan
21    water  in  an  amount  up  to  the then current Department of
22    Transportation allocation of Lake  Michigan  water  for  such
23    included unit.
24        With   respect   to  a  water  commission  to  which  the
25    provisions of subsection (a) apply, all uninhabited territory
26    that is owned and solely occupied by such a commission and is
27    located not within its home county but within a non-home rule
28    municipality   adjacent   to   its   home    county    shall,
29    notwithstanding  any  other provision of law, be disconnected
30    from that municipality  by  operation  of  this  Act  on  the
31    effective  date  of  this  amendatory  Act of 1991, and shall
32    thereafter  no  longer  be  within  the  territory   of   the
33    municipality for any purpose; except that for the purposes of
34    any  statute  that  requires  contiguity  of  territory,  the
 
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 1    territory  of  the  water commission shall be disregarded and
 2    the municipality shall not be deemed to be  noncontiguous  by
 3    virtue   of   the   disconnection  of  the  water  commission
 4    territory.
 5        (c)  The governing body of any water commission to  which
 6    the  provisions  of  subsection (a) apply shall be a board of
 7    commissioners, each to be appointed within 30 days after  the
 8    water  commission becomes a county water commission to a term
 9    commencing on such date, as follows:
10             (i)  one commissioner, who shall serve as  chairman,
11        who  shall  be  a  resident  of  the  home  county, to be
12        appointed by the chairman of the  county  board  of  such
13        county  with  the advice and consent of the county board,
14        provided that following the expiration  of  the  term  or
15        vacancy  of the current chairman serving on the effective
16        date of this amendatory Act of the 93rd General Assembly,
17        any subsequent appointment  as  chairman  shall  also  be
18        subject  to  the  advice  and consent of the county water
19        commission;
20             (ii)  one  commissioner  from  each   county   board
21        district  within  the home county, to be appointed by the
22        chairman of the county board of the home county with  the
23        advice and consent of the county board; and
24             (iii)  one   commissioner  from  each  county  board
25        district within the home county, to be appointed  by  the
26        majority vote of the mayors of those included units which
27        are municipalities and which have the greatest percentage
28        of  their  respective  populations  residing  within such
29        county board district of the home county.
30        The mayors of the respective county board districts shall
31    meet for the purpose of making said  respective  appointments
32    at  a  time and place designated by that mayor in each county
33    board  district  of  the  included  unit  with  the   largest
34    population  voting  for  a commissioner upon not less than 10
 
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 1    days' written notice to each other mayor entitled to vote.
 2        The commissioners so appointed shall serve for a term  of
 3    6  years,  or  until their successors have been appointed and
 4    have  qualified  in  the  same   manner   as   the   original
 5    appointments,  except  that  at  the  first  meeting  of such
 6    commissioners, (A) the commissioners first appointed pursuant
 7    to paragraph (ii) of this subsection shall determine publicly
 8    by lot 1/3 of their number to serve for terms of 2 years, 1/3
 9    of their number to serve for terms of  4  years  and  1/3  of
10    their number to serve for terms of 6 years, any odd number of
11    commissioners  so determined by dividing into thirds to serve
12    6 year terms,  and  (B)  the  commissioners  first  appointed
13    pursuant   to   paragraph  (iii)  of  this  subsection  shall
14    determine publicly by lot 1/3 of their number  to  serve  for
15    terms of 2 years, 1/3 of their number to serve for terms of 4
16    years  and 1/3 of their number to serve for terms of 6 years,
17    any odd number of commissioners  so  determined  by  dividing
18    into  thirds  to  serve 6 year terms.  The commissioner first
19    appointed pursuant to paragraph (i) of this  subsection,  who
20    shall  serve  as chairman, shall serve for a term of 6 years.
21    Any commissioner may be a member of the governing board or an
22    officer or employee of such  county  or  any  unit  of  local
23    government  within  such  county.  A commissioner is eligible
24    for reappointment upon the expiration of his term.  A vacancy
25    in the office of a  commissioner  shall  be  filled  for  the
26    balance   of   the   unexpired   term   by   appointment  and
27    qualification as to residency  in  the  same  manner  as  the
28    original  appointment  was  made.   Each  commissioner  shall
29    receive  the  same  compensation which shall not be more than
30    $600 per year, except that no  such  commissioner  who  is  a
31    member  of  the  governing board or an officer or employee of
32    such county or any  unit  of  local  government  within  such
33    county   may  receive  any  compensation  for  serving  as  a
34    commissioner.   Each  commissioner  may  be  removed  by  the
 
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 1    appointing authority for any cause for which any other county
 2    or municipal  officer  may  be  removed.   The  county  water
 3    commission  shall  determine  its own rules of proceeding.  A
 4    quorum shall be a  majority  of  the  commissioners  then  in
 5    office.  All ordinances or resolutions shall be passed by not
 6    less  than  a  majority  of  a  quorum.   No  commissioner or
 7    employee of the commission, no member of the county board  or
 8    other  official  elected  within  such  county,  no  mayor or
 9    president or other member of the corporate authorities of any
10    unit of local government within such county, and no  employee
11    of such county or any such unit of local government, shall be
12    interested  directly  or indirectly in any contract or job of
13    work or materials, or the profits thereof, or services to  be
14    performed  for  or  by the commission.  A violation of any of
15    the foregoing provisions of this  subsection  is  a  Class  C
16    misdemeanor.   A  conviction  is  cause  for the removal of a
17    person from his office or employment.
18        (d)  Except as provided in subsection (g), subject to the
19    referendum provided for in subsection  (e),  a  county  water
20    commission  may  borrow  money  for corporate purposes on the
21    credit of the commission, and issue general obligation  bonds
22    therefor,  in such amounts and form and on such conditions as
23    it shall prescribe, but shall  not  become  indebted  in  any
24    manner  or  for  any  purpose in an amount including existing
25    indebtedness  in  the  aggregate  to  exceed  5.75%  of   the
26    aggregate   value   of   the   taxable  property  within  the
27    territorial boundaries of the  county  water  commission,  as
28    equalized  and  assessed  by the Department of Revenue and as
29    most recently available at the time  of  the  issue  of  said
30    bonds.   Before or at the time of incurring any indebtedness,
31    except as provided in subsection (g),  the  commission  shall
32    provide  for  the  collection  of  a direct annual tax, which
33    shall be unlimited as to rate or amount,  sufficient  to  pay
34    the interest on such debt as it falls due and also to pay and
 
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 1    discharge  the  principal thereof at maturity, which shall be
 2    within 40 years after the date of issue thereof.    Such  tax
 3    shall  be  levied  upon and collected from all of the taxable
 4    property within the territory of the county water commission.
 5    Dissolution of the county water  commission  for  any  reason
 6    shall  not relieve the taxable property within such territory
 7    of the county water commission from liability for  such  tax.
 8    The  clerk  of  the commission shall file a certified copy of
 9    the  resolution  or  ordinance  by  which  such   bonds   are
10    authorized  to  be  issued  and  such  tax is levied with the
11    County Clerk of each county in which any of the territory  of
12    the  county water commission is located and such filing shall
13    constitute, without the doing of  any  other  act,  full  and
14    complete  authority for each such County Clerk to extend such
15    tax for collection upon all the taxable property  within  the
16    territory  of the county water commission subject to such tax
17    in each  and  every  year  required  sufficient  to  pay  the
18    principal  of  and  interest  on  such  bonds,  as aforesaid,
19    without limit as to rate or amount, and shall be in  addition
20    to  and  in excess of all other taxes authorized to be levied
21    by  the  commission  or  any  included  unit.   The   general
22    obligation  bonds shall be issued pursuant to an ordinance or
23    resolution and may be issued in one or more series, and shall
24    bear such date or dates, mature at such time or times and  in
25    any  event  not  more than 40 years from the date thereof, be
26    sold at such price at private or public sale as determined by
27    a county water commission, bear  interest  at  such  rate  or
28    rates such that the net effective interest rate received upon
29    the  sale  of  such  bonds  does  not exceed the maximum rate
30    determined under Section 2 of  the  Bond  Authorization  Act,
31    which   rates   may   be   fixed  or  variable,  be  in  such
32    denominations, be in such form, either coupon or  registered,
33    carry such conversion, registration, and exchange privileges,
34    be  executed  in  such  manner,  be payable in such medium of
 
HB3402 Enrolled            -14-      LRB093 09164 MKM 09396 b
 1    payment at such place or places within or without  the  State
 2    of  Illinois,  be  subject  to  such terms of redemption, and
 3    contain or be subject to such other terms as the ordinance or
 4    resolution may provide, and shall not be  restricted  by  the
 5    provisions  of  any  other  terms  of  obligations  of public
 6    agencies or private persons.
 7        (e)  No issue of general obligation  bonds  by  a  county
 8    water  commission  (except bonds to refund an existing bonded
 9    indebtedness)  shall  be  authorized  unless  the  commission
10    certifies the proposition of issuing such bonds to the proper
11    election officials, who shall submit the proposition  to  the
12    voters at an election in accordance with the general election
13    law,  and  the proposition has been approved by a majority of
14    those voting on the proposition.
15        The proposition shall be in the form provided in  Section
16    5 or shall be substantially in the following form:
17    -------------------------------------------------------------
18      Shall general obligation
19      bonds for the purpose of
20      (state purpose), in the           YES
21      sum of $....(insert amount),  -----------------------------
22      be issued by the .........        NO
23      (insert corporate name of
24      the county water commission)?
25    -------------------------------------------------------------
26        (f)  In  order  to  carry  out and perform its powers and
27    functions and duties under the provisions  of  this  Act  and
28    Division  135 of the Illinois Municipal Code, as modified and
29    supplemented by this Act, the governing body  of  any  county
30    water   commission  may  by  ordinance levy annually upon all
31    taxable property within its territory a tax at a rate not  to
32    exceed  .005%  of the value of such property, as equalized or
33    assessed by the Department of Revenue for the year  in  which
34    the  levy  is  made. In addition, any county water commission
 
HB3402 Enrolled            -15-      LRB093 09164 MKM 09396 b
 1    may by ordinance levy upon all taxable  property  within  its
 2    territory,  for  one  year  only,  an additional tax for such
 3    purposes at a rate not to exceed .20% of the  value  of  such
 4    property,  as  equalized  or  assessed  by  the Department of
 5    Revenue for that year; provided, however, that such  tax  may
 6    not be levied more than once in any county water commission.
 7        (g)  Any  county water commission shall have the power to
 8    borrow money, subject to the indebtedness limitation provided
 9    in subsection (d), from the home county or included units, in
10    such amounts and in such terms as  agreed  by  the  governing
11    bodies  of  the  commission  and  the home county or included
12    units.
13        (h)  No county water commission constituted  pursuant  to
14    the  Act  shall  engage in the retail sale or distribution of
15    water to residents or customers of any municipality.
16        (i)  Nothing in the Section requires any municipality  to
17    contract  with  a  county  water  commission  for a supply of
18    water.
19        (j)  The State  of  Illinois  recognizes  that  any  such
20    contract  for the supply of water executed by a unit of local
21    government and a county water commission  may  contain  terms
22    and conditions intended by the parties thereto to be absolute
23    conditions  thereof.   The  State of Illinois also recognizes
24    that persons may loan funds  to  a  county  water  commission
25    (including,  without  limitation,  the purchase of revenue or
26    general obligation bonds of such commission) in reliance upon
27    the terms and conditions of any such contract for the  supply
28    of  water.   Therefore,  the  State  of  Illinois pledges and
29    agrees to those parties and persons which make loans of funds
30    to a county water commission that it will not impair or limit
31    the power or ability of a county water commission or  a  unit
32    of   local  government  fully  to  carry  out  the  financial
33    obligations and obligation to furnish water pursuant  to  the
34    terms of any contract for the supply of water entered into by
 
HB3402 Enrolled            -16-      LRB093 09164 MKM 09396 b
 1    such  county water commission or unit of local government for
 2    the term of such contracts or  loans.  All  other  terms  and
 3    conditions of such contracts and intergovernmental agreements
 4    shall be binding to the extent that they are not inconsistent
 5    with this amendatory Act of the 93rd General Assembly.
 6    (Source: P.A. 87-145.)

 7        (70 ILCS 3720/0.01 new)
 8        Sec. 0.01.  Service to areas with contaminated or tainted
 9    water.
10        (a)  Notwithstanding the terms of a water supply contract
11    existing  on the effective date of this amendatory Act of the
12    93rd General Assembly, a municipality  with  a  water  supply
13    contract with a county water commission must provide water to
14    territories  outside  that  municipality,  provided  that the
15    territory to be served currently receives well water that  is
16    tainted or contaminated. The home county board must find that
17    the water supply in such territory is tainted or contaminated
18    such  that  the health of persons served in that territory is
19    likely to be adversely affected now or  in  the  future.  The
20    county water commission shall determine which municipality in
21    the  home  county  is most appropriate for supplying water to
22    the territory with the contaminated wells within 30 days of a
23    county board finding that there is a tainted or  contaminated
24    water supply.
25        The  municipality  shall provide access to water for such
26    territory no later  than  90  days  after  the  county  water
27    commission has determined by resolution that the municipality
28    is  the most appropriate municipality for providing access to
29    water for the territory.  "Access to water"  includes  access
30    through  the  municipal  main,  but the municipality need not
31    otherwise provide infrastructure to deliver  water  from  the
32    municipal  main.   The  municipality  may  sell water to such
33    territory at a rate higher than the rate charged to municipal
 
HB3402 Enrolled            -17-      LRB093 09164 MKM 09396 b
 1    customers, in accordance with existing law.
 2        (b)  Unless  otherwise  provided  by  law,  property   in
 3    unincorporated   territory   receiving   water   pursuant  to
 4    subsection (a) of this Section shall not be  annexed  without
 5    consent  of  the  owner  of  the  property.  A municipality's
 6    furnishing water pursuant to subsection (a) of  this  Section
 7    may not be conditioned on an agreement to annex.  "Owner" for
 8    the  purpose  of  this subsection is any person or persons in
 9    title, or in the case of property owned in trust, having  the
10    beneficial ownership of such property, who owned the property
11    on the date water is first so received pursuant to subsection
12    (a)  of  this  Section.  Upon  transfer  of ownership of such
13    property, the municipality may annex it by ordinance.
14        (c)  This amendatory Act of the 93rd General Assembly  is
15    a limitation under subsection (i) of Section 6 of Article VII
16    of  the  Illinois  Constitution on the concurrent exercise by
17    home rule units of powers  and  functions  exercised  by  the
18    State.

19        (70 ILCS 3720/0.02 new)
20        Sec. 0.02.  Rate equalization.  Notwithstanding the terms
21    of  a water supply contract existing on the effective date of
22    this amendatory Act of the 93rd General Assembly, all parties
23    to a water supply contract with a  county  water  commission,
24    irrespective  of  whether  such  party is a charter member or
25    subsequent entrant, shall pay rates equal to the  rates  paid
26    by  other parties to such water supply contract and shall not
27    pay  any  additional  fees,  costs,  or  differentials  as  a
28    condition of becoming a party to such water supply  contract.
29    Subsequent  entrants  to  a  water  supply contract shall pay
30    their pro-rata portion of the original capital costs less any
31    rebates and the actual  costs  of  connection  to  the  water
32    commission system.
 
HB3402 Enrolled            -18-      LRB093 09164 MKM 09396 b
 1        (70 ILCS 3720/0.03 new)
 2        Sec.  0.03.  Water  subsidy  guaranty.  Except to satisfy
 3    the obligations of persons who loaned  funds  to  the  county
 4    water  commission,  the water rates charged to municipalities
 5    that are in effect on the effective date of  this  amendatory
 6    Act  of  the 93rd General Assembly may not be increased for a
 7    period of 5 years.

 8        (70 ILCS 3720/0.04 new)
 9        Sec. 0.04.  Five-year annual transfer of  funds  to  home
10    county.   Beginning  July 1, 2003 and prior to July 1 of each
11    year through and including 2007, each county water commission
12    shall from any legally available sources transfer the sum  of
13    $15,000,000 to the county board of the home county to be used
14    for county purposes.  This amendatory Act of the 93rd General
15    Assembly  is  subordinate  to any legally required payment of
16    principal, interest, or  required  reserve  pursuant  to  the
17    county water commission's debt obligations.

18        (70 ILCS 3720/0.05 new)
19        Sec.  0.05.  Home rule.  A municipality, including a home
20    rule unit, must regulate its water systems and provide access
21    to water as required under the provisions of this  amendatory
22    Act  of  the 93rd General Assembly.  This Section is a denial
23    and limitation under subsection (i) of Section 6  of  Article
24    VII  of  the Illinois Constitution on the concurrent exercise
25    by home rule units of powers and functions exercised  by  the
26    State.

27        Section  90.  The State Mandates Act is amended by adding
28    Section 8.27 as follows:

29        (30 ILCS 805/8.27 new)
30        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 
HB3402 Enrolled            -19-      LRB093 09164 MKM 09396 b
 1    and  8 of this Act, no reimbursement by the State is required
 2    for  the  implementation  of  any  mandate  created  by  this
 3    amendatory Act of the 93rd General Assembly.

 4        Section 97.  Severability.  The provisions  of  this  Act
 5    are severable under Section 1.31 of the Statute on Statutes.

 6        Section  99.  Effective  date. This Act takes effect upon
 7    becoming law.