093_HB3402sam001 LRB093 09164 BDD 15815 a 1 AMENDMENT TO HOUSE BILL 3402 2 AMENDMENT NO. . Amend House Bill 3402 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois State Auditing Act is amended 5 by 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; -2- LRB093 09164 BDD 15815 a 1 (b) to make investigations authorized by or under 2 this Act or the Constitution; and 3 (c) to make audits of the records of local 4 government agencies to verify actual costs of 5 state-mandated programs when directed to do so by the 6 Legislative Audit Commission at the request of the State 7 Board of Appeals under the State Mandates Act. 8 In addition to the foregoing, the Auditor General may 9 conduct an audit of the Metropolitan Pier and Exposition 10 Authority, the Regional Transportation Authority, the 11 Suburban Bus Division, the Commuter Rail Division and the 12 Chicago Transit Authority and any other subsidized carrier 13 when authorized by the Legislative Audit Commission. Such 14 audit may be a financial, management or program audit, or any 15 combination thereof. 16 The audit shall determine whether they are operating in 17 accordance with all applicable laws and regulations. Subject 18 to the limitations of this Act, the Legislative Audit 19 Commission may by resolution specify additional 20 determinations to be included in the scope of the audit. 21 In addition to the foregoing, the Auditor General must 22 also conduct a financial audit of the Illinois Sports 23 Facilities Authority's expenditures of public funds in 24 connection with the reconstruction, renovation, remodeling, 25 extension, or improvement of all or substantially all of any 26 existing "facility", as that term is defined in the Illinois 27 Sports Facilities Authority Act. 28 The Auditor General may also conduct an audit, when 29 authorized by the Legislative Audit Commission, of any 30 hospital which receives 10% or more of its gross revenues 31 from payments from the State of Illinois, Department of 32 Public Aid, Medical Assistance Program. 33 The Auditor General is authorized to conduct financial 34 and compliance audits of the Illinois Distance Learning -3- LRB093 09164 BDD 15815 a 1 Foundation and the Illinois Conservation Foundation. 2 As soon as practical after the effective date of this 3 amendatory Act of 1995, the Auditor General shall conduct a 4 compliance and management audit of the City of Chicago and 5 any other entity with regard to the operation of Chicago 6 O'Hare International Airport, Chicago Midway Airport and 7 Merrill C. Meigs Field. The audit shall include, but not be 8 limited to, an examination of revenues, expenses, and 9 transfers of funds; purchasing and contracting policies and 10 practices; staffing levels; and hiring practices and 11 procedures. When completed, the audit required by this 12 paragraph shall be distributed in accordance with Section 13 3-14. 14 The Auditor General shall conduct a financial and 15 compliance and program audit of distributions from the 16 Municipal Economic Development Fund during the immediately 17 preceding calendar year pursuant to Section 8-403.1 of the 18 Public Utilities Act at no cost to the city, village, or 19 incorporated town that received the distributions. 20 The Auditor General must conduct an audit of the Health 21 Facilities Planning Board pursuant to Section 19.5 of the 22 Illinois Health Facilities Planning Act. 23 The Auditor General must conduct an annual audit of the 24 water enterprise fund of a county that has assumed the 25 assets, liabilities, rights, powers, duties, and functions of 26 a water commission under Section 0.02 of the Water Commission 27 Act of 1985. 28 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 29 91-935, eff. 6-1-01.) 30 Section 10. The Counties Code is amended by changing 31 Section 5-1005 and by adding Section 5-1127 as follows: 32 (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005) -4- LRB093 09164 BDD 15815 a 1 Sec. 5-1005. Powers. Each county shall have power: 2 1. To purchase and hold the real and personal estate 3 necessary for the uses of the county, and to purchase and 4 hold, for the benefit of the county, real estate sold by 5 virtue of judicial proceedings in which the county is 6 plaintiff. 7 2. To sell and convey or lease any real or personal 8 estate owned by the county. 9 3. To make all contracts and do all other acts in 10 relation to the property and concerns of the county necessary 11 to the exercise of its corporate powers. 12 4. To take all necessary measures and institute 13 proceedings to enforce all laws for the prevention of cruelty 14 to animals. 15 5. To purchase and hold or lease real estate upon which 16 may be erected and maintained buildings to be utilized for 17 purposes of agricultural experiments and to purchase, hold 18 and use personal property for the care and maintenance of 19 such real estate in connection with such experimental 20 purposes. 21 6. To cause to be erected, or otherwise provided, 22 suitable buildings for, and maintain a county hospital and 23 necessary branch hospitals and/or a county sheltered care 24 home or county nursing home for the care of such sick, 25 chronically ill or infirm persons as may by law be proper 26 charges upon the county, or upon other governmental units, 27 and to provide for the management of the same. The county 28 board may establish rates to be paid by persons seeking care 29 and treatment in such hospital or home in accordance with 30 their financial ability to meet such charges, either 31 personally or through a hospital plan or hospital insurance, 32 and the rates to be paid by governmental units, including the 33 State, for the care of sick, chronically ill or infirm 34 persons admitted therein upon the request of such -5- LRB093 09164 BDD 15815 a 1 governmental units. Any hospital maintained by a county under 2 this Section is authorized to provide any service and enter 3 into any contract or other arrangement not prohibited for a 4 hospital that is licensed under the Hospital Licensing Act, 5 incorporated under the General Not-For-Profit Corporation 6 Act, and exempt from taxation under paragraph (3) of 7 subsection (c) of Section 501 of the Internal Revenue Code. 8 7. To contribute such sums of money toward erecting, 9 building, maintaining, and supporting any non-sectarian 10 public hospital located within its limits as the county board 11 of the county shall deem proper. 12 8. To purchase and hold real estate for the preservation 13 of forests, prairies and other natural areas and to maintain 14 and regulate the use thereof. 15 9. To purchase and hold real estate for the purpose of 16 preserving historical spots in the county, to restore, 17 maintain and regulate the use thereof and to donate any 18 historical spot to the State. 19 10. To appropriate funds from the county treasury to be 20 used in any manner to be determined by the board for the 21 suppression, eradication and control of tuberculosis among 22 domestic cattle in such county. 23 11. To take all necessary measures to prevent forest 24 fires and encourage the maintenance and planting of trees and 25 the preservation of forests. 26 12. To authorize the closing on Saturday mornings of all 27 offices of all county officers at the county seat of each 28 county, and to otherwise regulate and fix the days and the 29 hours of opening and closing of such offices, except when the 30 days and the hours of opening and closing of the office of 31 any county officer are otherwise fixed by law; but the power 32 herein conferred shall not apply to the office of State's 33 Attorney and the offices of judges and clerks of courts and, 34 in counties of 500,000 or more population, the offices of -6- LRB093 09164 BDD 15815 a 1 county clerk. 2 13. To provide for the conservation, preservation and 3 propagation of insectivorous birds through the expenditure of 4 funds provided for such purpose. 5 14. To appropriate funds from the county treasury and 6 expend the same for care and treatment of tuberculosis 7 residents. 8 15. In counties having less than 1,000,000 inhabitants, 9 to take all necessary or proper steps for the extermination 10 of mosquitoes, flies or other insects within the county. 11 16. To install an adequate system of accounts and 12 financial records in the offices and divisions of the county, 13 suitable to the needs of the office and in accordance with 14 generally accepted principles of accounting for governmental 15 bodies, which system may include such reports as the county 16 board may determine. 17 17. To purchase and hold real estate for the 18 construction and maintenance of motor vehicle parking 19 facilities for persons using county buildings, but the 20 purchase and use of such real estate shall not be for revenue 21 producing purposes. 22 18. To acquire and hold title to real property located 23 within the county, or partly within and partly outside the 24 county by dedication, purchase, gift, legacy or lease, for 25 park and recreational purposes and to charge reasonable fees 26 for the use of or admission to any such park or recreational 27 area and to provide police protection for such park or 28 recreational area. Personnel employed to provide such police 29 protection shall be conservators of the peace within such 30 park or recreational area and shall have power to make 31 arrests on view of the offense or upon warrants for violation 32 of any of the ordinances governing such park or recreational 33 area or for any breach of the peace in the same manner as the 34 police in municipalities organized and existing under the -7- LRB093 09164 BDD 15815 a 1 general laws of the State. All such real property outside the 2 county shall be contiguous to the county and within the 3 boundaries of the State of Illinois. 4 19. To appropriate funds from the county treasury to be 5 used to provide supportive social services designed to 6 prevent the unnecessary institutionalization of elderly 7 residents, or, for operation of, and equipment for, senior 8 citizen centers providing social services to elderly 9 residents. 10 20. To appropriate funds from the county treasury and 11 loan such funds to a county water commission created under 12 the "Water Commission Act", approved June 30, 1984, as now or 13 hereafter amended, in such amounts and upon such terms as the 14 county may determine or the county and the commission may 15 agree. The county shall not under any circumstances be 16 obligated to make such loans. The county shall not be 17 required to charge interest on any such loans. 18 21. Beginning October 1, 2003, to exercise the powers 19 and assume the obligations of a water commission abolished 20 under Section 0.02 of the Water Commission Act of 1985. 21 All contracts for the purchase of coal under this Section 22 shall be subject to the provisions of "An Act concerning the 23 use of Illinois mined coal in certain plants and 24 institutions", filed July 13, 1937, as amended. 25 (Source: P.A. 86-962; 86-1028.) 26 (55 ILCS 5/5-1127 new) 27 Sec. 5-1127. Homeland security and bioterrorism response 28 plan. The health department and emergency management agency 29 of the home county of a water commission abolished under 30 Section 0.02 of the Water Commission Act of 1985 shall 31 develop a homeland security and bioterrorism response plan 32 and ongoing operations for the home county, including but not 33 limited to, equipment, training, personnel, and other -8- LRB093 09164 BDD 15815 a 1 critical recurring public health programs. The homeland 2 security and bioterrorism response plan shall include, but 3 need not be limited to, the following: 4 (1) As designated by the county board of health, 5 the procurement of appropriate antibiotics or other 6 remedies for distribution to first responders to events 7 of bioterrorism. 8 (2) The organization of a sufficient number of 9 volunteers as deemed necessary by the county board or 10 health department for the dissemination of information 11 and other duties assigned by the board for the purpose of 12 responding to events of bioterrorism. 13 (3) The establishment of municipal liaisons for 14 every municipality wholly or partially within the county 15 in order to assist, if necessary, and to coordinate 16 county health department efforts in the event of a 17 bioterrorism incident. 18 (4) The distribution of county public service 19 announcements and advertisements designed to educate 20 county residents on what to do and where to turn for help 21 in the event of a bioterrorism incident. 22 Funding for the plan and its operation shall derive from 23 revenues collected under the Water Commission Act of 1985 and 24 transferred to the home county board under this amendatory 25 Act of the 93rd General Assembly. 26 Section 15. The Illinois Municipal Code is amended by 27 changing Section 11-124-1 as follows: 28 (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1) 29 Sec. 11-124-1. (a) The corporate authorities of each 30 municipality may contract with any person, corporation, 31 municipal corporation, political subdivision, public water 32 district or any other agency for a supply of water. Any such -9- LRB093 09164 BDD 15815 a 1 contract entered into by a municipality shall provide that 2 payments to be made thereunder shall be solely from the 3 revenues to be derived from the operation of the waterworks 4 system of the municipality, and the contract shall be a 5 continuing valid and binding obligation of the municipality 6 payable from the revenues derived from the operation of the 7 waterworks system of the municipality for the period of 8 years, not to exceed 40, as may be provided in such contract. 9 Any such contract shall not be a debt within the meaning of 10 any constitutional or statutory limitation. No prior 11 appropriation shall be required before entering into such a 12 contract and no appropriation shall be required to authorize 13 payments to be made under the terms of any such contract 14 notwithstanding any provision in this Code to the contrary. 15 (a) Payments to be made under any such contract shall be an 16 operation and maintenance expense of the waterworks system of 17 the municipality. Any such contract made by a municipality 18 for a supply of water may contain provisions whereby the 19 municipality is obligated to pay for such supply of water 20 without setoff or counterclaim and irrespective of whether 21 such supply of water is ever furnished, made available or 22 delivered to the municipality or whether any project for the 23 supply of water contemplated by any such contract is 24 completed, operable or operating and notwithstanding any 25 suspension, interruption, interference, reduction or 26 curtailment of the supply of water from such project. Any 27 such contract may provide that if one or more of the other 28 purchasers of water defaults in the payment of its 29 obligations under such contract or a similar contract made 30 with the supplier of the water, one or more of the remaining 31 purchasers party to such contract or such similar contract 32 shall be required to pay for all or a portion of the 33 obligations of the defaulting purchasers. (b) Payments to be 34 made under any such contract with a municipal joint action -10- LRB093 09164 BDD 15815 a 1 water agency under the Intergovernmental Cooperation Act 2 shall be an operation and maintenance expense of the 3 waterworks system of the municipality. Any such contract 4 made by a municipality for a supply of water with a municipal 5 joint action water agency under the provisions of the 6 Intergovernmental Cooperation Act may contain provisions 7 whereby the municipality is obligated to pay for such supply 8 of water without setoff or counterclaim and irrespective of 9 whether such supply of water is ever furnished, made 10 available or delivered to the municipality or whether any 11 project for the supply of water contemplated by any such 12 contract is completed, operable or operating and 13 notwithstanding any suspension, interruption, interference, 14 reduction or curtailment of the supply of water from such 15 project. Any such contract with a municipal joint action 16 water agency may provide that if one or more of the other 17 purchasers of water defaults in the payment of its 18 obligations under such contract or a similar contract made 19 with the supplier of the water, one or more of the remaining 20 purchasers party to such contract or such similar contract 21 shall be required to pay for all or a portion of the 22 obligations of the defaulting purchasers. 23 The changes in this Section made by these amendatory Acts 24 of 1984 are intended to be declarative of existing law. 25 (b) A municipality with a water supply contract with a 26 home county of a water commission abolished under Section 27 0.02 of the Water Commission Act of 1985 shall provide water 28 to unincorporated areas of that home county that adjoin that 29 municipality in accordance with the terms of this subsection. 30 The provision of water by the municipality shall be in 31 accordance with an ordinance of the home county. The 32 ordinance of the home county shall not be effective unless it 33 finds that the area to be served receives well water that is 34 tainted, contaminated, or otherwise substandard. The -11- LRB093 09164 BDD 15815 a 1 ordinance of the home county shall designate the system 2 within the unincorporated area to receive and distribute 3 municipal water. A home rule unit may not provide water in a 4 manner that is inconsistent with the provisions of this 5 amendatory Act of the 93rd General Assembly. This subsection 6 is a limitation under subsection (i) of Section 6 of Article 7 VII of the Illinois Constitution on the concurrent exercise 8 by home rule units of powers and functions exercised by the 9 State. 10 (Source: P.A. 83-1123; 83-1524.) 11 Section 20. The Water Commission Act of 1985 is amended 12 by adding Sections 0.01, 0.02, 0.03, 0.04, 0.05, 0.06, 0.07, 13 0.08, 0.09, 0.010, 0.011, 0.012, 0.013, and 0.014 as follows: 14 (70 ILCS 3720/0.01 new) 15 Sec. 0.01. Purpose and findings. It is the purpose of 16 this amendatory Act of the 93rd General Assembly to abolish 17 the commissions created by this Water Commission Act of 1985 18 and to transfer to the respective home counties all assets, 19 property, liabilities, rights, powers, duties, and functions 20 of the commissions. 21 The General Assembly finds and declares that it is 22 necessary and in the best interests of the people of the 23 State of Illinois and the persons served by these commissions 24 to change the governance of water systems created and 25 functioning under the Water Commission Act of 1985. The 26 changes established by this amendatory Act of the 93rd 27 General Assembly are intended to save costs by eliminating an 28 unnecessary additional level of government, make the 29 governance of water systems more responsive to electors and 30 water users, serve more equitably the municipalities 31 receiving water, prevent the retention of unnecessary cash 32 reserves at the expense of water users and taxpayers, spread -12- LRB093 09164 BDD 15815 a 1 the costs of the water system more equitably among users, 2 increase the benefits resulting from the creation of water 3 systems, rebate excess revenues to residents of the home 4 county, and fund homeland defense and bioterrorism response 5 operations. 6 It is not the intent of this amendatory Act of 2003 to 7 change or permit the changing of any financial covenants or 8 obligations to supply water of a water commission established 9 under the Water Commission Act of 1985. 10 (70 ILCS 3720/0.02 new) 11 Sec. 0.02. Districts abolished; assets, property, 12 liabilities, rights, powers, duties, and functions assumed. 13 Notwithstanding any other provisions of law, including any 14 other provision of this Water Commission Act of 1985, any 15 water commission established under this Act is abolished on 16 October 1, 2003. On October 1, 2003, the home county of the 17 commission that is abolished shall assume all assets, 18 property, liabilities, rights, powers, duties, and functions 19 of the abolished commission. 20 (70 ILCS 3720/0.03 new) 21 Sec. 0.03. Transfer of personnel. On October 1, 2003, 22 personnel employed by a water commission that is abolished by 23 this amendatory Act of the 93rd General Assembly are 24 transferred to the home county of the commission. The rights 25 of these employees under collective bargaining agreements are 26 not affected by this amendatory Act of the 93rd General 27 Assembly. 28 (70 ILCS 3720/0.04 new) 29 Sec. 0.04. Transfer of property. Effective October 1, 30 2003, all books, records, documents, property (real and 31 personal), unexpended appropriations, and pending business of -13- LRB093 09164 BDD 15815 a 1 a water commission abolished under this amendatory Act of the 2 93rd General Assembly are transferred and delivered to the 3 home county. 4 (70 ILCS 3720/0.05 new) 5 Sec. 0.05. Taxes. 6 Beginning on October 1, 2003, the county board of a home 7 county of a water commission that is abolished under this 8 amendatory Act of the 93rd General Assembly shall have the 9 power to levy and collect the tax set forth in subsection (f) 10 of Section 2 of this Act. The revenues collected from this 11 tax may be used only to repay the debts and obligations 12 incurred by an abolished water commission. This taxing power 13 expires upon the repayment of the indebtedness and 14 obligations of the water commission that exist on September 15 30, 2003. 16 (70 ILCS 3720/0.06 new) 17 Sec. 0.06. Taxpayer rebate. On or before October 1, 18 2004, the county board of the home county shall rebate the 19 amount of $25,000,000 to the taxpayers in the areas in which 20 these funds were collected. 21 (70 ILCS 3720/0.07 new) 22 Sec. 0.07. Water enterprise fund. On October 1, 2003, 23 the home county shall establish a water enterprise fund. All 24 moneys transferred to the home county under this amendatory 25 Act of the 93rd General Assembly shall, for accounting 26 purposes, be stated separately in the water enterprise fund, 27 but these moneys may be appropriated from the fund for any 28 county water, public health, or safety purpose. 29 The Illinois Auditor General shall annually audit the 30 water enterprise fund and the results of that audit must be 31 made available to the public. -14- LRB093 09164 BDD 15815 a 1 (70 ILCS 3720/0.08 new) 2 Sec. 0.08. Water service for unincorporated areas. A 3 municipality with a water supply contract with a home county 4 of a water commission abolished under Section 0.02 of the 5 Water Commission Act of 1985 shall provide water to 6 unincorporated areas of that home county that adjoin that 7 municipality in accordance with the terms of this subsection. 8 The provision of water by the municipality shall be in 9 accordance with an ordinance of the home county. The 10 ordinance of the home county shall not be effective unless it 11 finds that the area to be served receives well water that is 12 tainted, contaminated, or otherwise substandard. The 13 ordinance of the home county shall designate the system 14 within the unincorporated area to receive and distribute 15 municipal water. 16 (70 ILCS 3720/0.09 new) 17 Sec. 0.09. Water subsidy guaranty. Except to satisfy the 18 obligations of the abolished water commission, the water 19 rates charged to municipalities that are in effect on the 20 effective date of this amendatory Act of the 93rd General 21 Assembly may not be increased for a period of 5 years. After 22 this 5-year period, the home county may not increase this 23 rate without the affirmative vote of three-fifths of the 24 county board. 25 (70 ILCS 3720/0.010 new) 26 Sec. 0.010. Ordinances, orders, and resolutions. 27 (a) On October 1, 2003, the ordinances, orders, and 28 resolutions of a water commission abolished by this 29 amendatory Act of the 93rd General Assembly that were in 30 effect on September 30, 2003 and that pertain to the assets, 31 property, liabilities, rights, powers, duties, and functions 32 transferred to the home county shall become, with respect to -15- LRB093 09164 BDD 15815 a 1 that territory, the ordinances, orders, and resolutions of 2 the home county and shall continue in effect until amended or 3 repealed. 4 (b) Any ordinances, orders, or resolutions pertaining to 5 the assets, property, liabilities, rights, powers, duties, 6 and functions transferred to the home county under this 7 amendatory Act of the 93rd General Assembly that have been 8 proposed by a water commission abolished by this amendatory 9 Act of the 93rd General Assembly but have not taken effect or 10 been finally adopted by September 30, 2003 shall become, with 11 respect to that territory, the proposed ordinances, orders, 12 and resolutions of the home county, and any procedures that 13 have already been completed by the abolished water commission 14 for those proposed ordinances, orders, or resolutions need 15 not be repeated. 16 (c) As soon as practical after October 1, 2003, the home 17 county shall revise and clarify the ordinances, orders, and 18 resolutions transferred to it under this amendatory Act of 19 the 93rd General Assembly. The home county may propose and 20 adopt such other ordinances, orders, or resolutions as may be 21 necessary to consolidate and clarify the ordinances, orders, 22 and resolutions assumed under this amendatory Act of the 93rd 23 General Assembly. 24 (70 ILCS 3720/0.011 new) 25 Sec. 0.011. Cross references. Beginning on October 1, 26 2003, all references in other statutes, however phrased, to a 27 water commission abolished under this amendatory Act of the 28 93rd General Assembly shall be references to the home county 29 in its capacity as successor to the abolished water 30 commission. 31 (70 ILCS 3720/0.012 new) 32 Sec. 0.012. Savings provisions. -16- LRB093 09164 BDD 15815 a 1 (a) The assets, property, liabilities, rights, powers, 2 duties, and functions transferred to a home county by this 3 amendatory Act of the 93rd General Assembly shall be vested 4 in that county subject to the provisions of this amendatory 5 Act of the 93rd General Assembly. An act done by an abolished 6 water commission or by an officer, employee, or agent of the 7 abolished water commission with respect to the transferred 8 assets, property, liabilities, rights, powers, duties, or 9 functions shall have the same legal effect as if done by the 10 home county or by an officer, employee, or agent of the home 11 county. 12 (b) The transfer of assets, liabilities, rights, powers, 13 duties, and functions under this amendatory Act of the 93rd 14 General Assembly does not invalidate any previous action 15 taken by or in respect to an abolished water commission or 16 its officers, employees, or agents. References to an 17 abolished water commission or to its officers, employees, or 18 agents in any document, contract, agreement, or law shall, in 19 appropriate contexts, be deemed to refer to the home county 20 or to its officers, employees, or agents. 21 (c) The transfer under this amendatory Act of the 93rd 22 General Assembly of assets, property, liabilities, rights, 23 powers, duties, and functions of an abolished water 24 commission does not affect any person's rights, obligations, 25 or duties, including any applicable civil or criminal 26 penalties, arising out of those transferred assets, property, 27 liabilities, rights, powers, duties, and functions. 28 (d) With respect to matters pertaining to an asset, 29 liability, right, power, duty, or function transferred to a 30 home county under this amendatory Act of the 93rd General 31 Assembly: 32 (1) Beginning October 1, 2003, a report or notice 33 that was previously required to be made or given by any 34 person to an abolished water commission or to any of its -17- LRB093 09164 BDD 15815 a 1 officers, employees, or agents must be made or given in 2 the same manner to the home county or to its appropriate 3 officer, employee, or agent. 4 (2) Beginning October 1, 2003, a document that was 5 previously required to be furnished or served by any 6 person to or upon an abolished water commission or to or 7 upon any of its officers, employees, or agents must be 8 furnished or served in the same manner to or upon the 9 home county or to or upon its appropriate officer, 10 employee, or agent. 11 (e) This amendatory Act of the 93rd General Assembly 12 does not affect any act done, ratified, or cancelled, any 13 right occurring or established, or any action or proceeding 14 had or commenced in an administrative, civil, or criminal 15 cause before October 1, 2003. Any such action or proceeding 16 that pertains to an asset, property, liability, right, power, 17 duty, or function transferred to a home county under this Act 18 and that is pending on October 1, 2003 may be prosecuted, 19 defended, or continued by the home county. 20 (70 ILCS 3720/0.013 new) 21 Sec. 0.013. Disputes. Any disputes that arise as a 22 result of the abolishment of a water commission and the 23 assumption of the assets, property, liabilities, rights, 24 powers, duties, and functions of the abolished commission 25 shall be resolved by and appropriate action commenced in the 26 circuit court. 27 (70 ILCS 3720/0.014 new) 28 Sec. 0.014. Home rule. A home rule unit may not regulate 29 its water systems in a manner that is inconsistent with the 30 provisions of this amendatory Act of the 93rd General 31 Assembly. This Section is a limitation under subsection (i) 32 of Section 6 of Article VII of the Illinois Constitution on -18- LRB093 09164 BDD 15815 a 1 the concurrent exercise by home rule units of powers and 2 functions exercised by the State. 3 Section 90. The State Mandates Act is amended by adding 4 Section 8.27 as follows: 5 (30 ILCS 805/8.27 new) 6 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 7 and 8 of this Act, no reimbursement by the State is required 8 for the implementation of any mandate created by this 9 amendatory Act of the 93rd General Assembly. 10 Section 97. Severability. The provisions of this Act 11 are severable under Section 1.31 of the Statute on Statutes. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.".