093_HB3402sam002 LRB093 09164 MKM 16673 a 1 AMENDMENT TO HOUSE BILL 3402 2 AMENDMENT NO. . Amend House Bill 3402, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT concerning local government."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Illinois State Auditing Act is amended by 8 changing Section 3-1 as follows: 9 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) 10 Sec. 3-1. Jurisdiction of Auditor General. The Auditor 11 General has jurisdiction over all State agencies to make post 12 audits and investigations authorized by or under this Act or 13 the Constitution. 14 The Auditor General has jurisdiction over local 15 government agencies and private agencies only: 16 (a) to make such post audits authorized by or under 17 this Act as are necessary and incidental to a post audit 18 of a State agency or of a program administered by a State 19 agency involving public funds of the State, but this 20 jurisdiction does not include any authority to review 21 local governmental agencies in the obligation, receipt, -2- LRB093 09164 MKM 16673 a 1 expenditure or use of public funds of the State that are 2 granted without limitation or condition imposed by law, 3 other than the general limitation that such funds be used 4 for public purposes; 5 (b) to make investigations authorized by or under 6 this Act or the Constitution; and 7 (c) to make audits of the records of local 8 government agencies to verify actual costs of 9 state-mandated programs when directed to do so by the 10 Legislative Audit Commission at the request of the State 11 Board of Appeals under the State Mandates Act. 12 In addition to the foregoing, the Auditor General may 13 conduct an audit of the Metropolitan Pier and Exposition 14 Authority, the Regional Transportation Authority, the 15 Suburban Bus Division, the Commuter Rail Division and the 16 Chicago Transit Authority and any other subsidized carrier 17 when authorized by the Legislative Audit Commission. Such 18 audit may be a financial, management or program audit, or any 19 combination thereof. 20 The audit shall determine whether they are operating in 21 accordance with all applicable laws and regulations. Subject 22 to the limitations of this Act, the Legislative Audit 23 Commission may by resolution specify additional 24 determinations to be included in the scope of the audit. 25 In addition to the foregoing, the Auditor General must 26 also conduct a financial audit of the Illinois Sports 27 Facilities Authority's expenditures of public funds in 28 connection with the reconstruction, renovation, remodeling, 29 extension, or improvement of all or substantially all of any 30 existing "facility", as that term is defined in the Illinois 31 Sports Facilities Authority Act. 32 The Auditor General may also conduct an audit, when 33 authorized by the Legislative Audit Commission, of any 34 hospital which receives 10% or more of its gross revenues -3- LRB093 09164 MKM 16673 a 1 from payments from the State of Illinois, Department of 2 Public Aid, Medical Assistance Program. 3 The Auditor General is authorized to conduct financial 4 and compliance audits of the Illinois Distance Learning 5 Foundation and the Illinois Conservation Foundation. 6 As soon as practical after the effective date of this 7 amendatory Act of 1995, the Auditor General shall conduct a 8 compliance and management audit of the City of Chicago and 9 any other entity with regard to the operation of Chicago 10 O'Hare International Airport, Chicago Midway Airport and 11 Merrill C. Meigs Field. The audit shall include, but not be 12 limited to, an examination of revenues, expenses, and 13 transfers of funds; purchasing and contracting policies and 14 practices; staffing levels; and hiring practices and 15 procedures. When completed, the audit required by this 16 paragraph shall be distributed in accordance with Section 17 3-14. 18 The Auditor General shall conduct a financial and 19 compliance and program audit of distributions from the 20 Municipal Economic Development Fund during the immediately 21 preceding calendar year pursuant to Section 8-403.1 of the 22 Public Utilities Act at no cost to the city, village, or 23 incorporated town that received the distributions. 24 The Auditor General must conduct an audit of the Health 25 Facilities Planning Board pursuant to Section 19.5 of the 26 Illinois Health Facilities Planning Act. 27 The Auditor General must conduct an annual audit of the 28 water fund of a county water commission organized pursuant to 29 the Water Commission Act of 1985. 30 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 31 91-935, eff. 6-1-01.) 32 Section 10. The Illinois Municipal Code is amended by 33 changing Section 11-124-1 as follows: -4- LRB093 09164 MKM 16673 a 1 (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1) 2 Sec. 11-124-1. Contracts for supply of water. 3 (a) The corporate authorities of each municipality may 4 contract with any person, corporation, municipal corporation, 5 political subdivision, public water district or any other 6 agency for a supply of water. Any such contract entered into 7 by a municipality shall provide that payments to be made 8 thereunder shall be solely from the revenues to be derived 9 from the operation of the waterworks system of the 10 municipality, and the contract shall be a continuing valid 11 and binding obligation of the municipality payable from the 12 revenues derived from the operation of the waterworks system 13 of the municipality for the period of years, not to exceed 14 40, as may be provided in such contract. Any such contract 15 shall not be a debt within the meaning of any constitutional 16 or statutory limitation. No prior appropriation shall be 17 required before entering into such a contract and no 18 appropriation shall be required to authorize payments to be 19 made under the terms of any such contract notwithstanding any 20 provision in this Code to the contrary. (a) Payments to be 21 made under any such contract shall be an operation and 22 maintenance expense of the waterworks system of the 23 municipality. Any such contract made by a municipality for a 24 supply of water may contain provisions whereby the 25 municipality is obligated to pay for such supply of water 26 without setoff or counterclaim and irrespective of whether 27 such supply of water is ever furnished, made available or 28 delivered to the municipality or whether any project for the 29 supply of water contemplated by any such contract is 30 completed, operable or operating and notwithstanding any 31 suspension, interruption, interference, reduction or 32 curtailment of the supply of water from such project. Any 33 such contract may provide that if one or more of the other 34 purchasers of water defaults in the payment of its -5- LRB093 09164 MKM 16673 a 1 obligations under such contract or a similar contract made 2 with the supplier of the water, one or more of the remaining 3 purchasers party to such contract or such similar contract 4 shall be required to pay for all or a portion of the 5 obligations of the defaulting purchasers. (b) Payments to be 6 made under any such contract with a municipal joint action 7 water agency under the Intergovernmental Cooperation Act 8 shall be an operation and maintenance expense of the 9 waterworks system of the municipality. Any such contract 10 made by a municipality for a supply of water with a municipal 11 joint action water agency under the provisions of the 12 Intergovernmental Cooperation Act may contain provisions 13 whereby the municipality is obligated to pay for such supply 14 of water without setoff or counterclaim and irrespective of 15 whether such supply of water is ever furnished, made 16 available or delivered to the municipality or whether any 17 project for the supply of water contemplated by any such 18 contract is completed, operable or operating and 19 notwithstanding any suspension, interruption, interference, 20 reduction or curtailment of the supply of water from such 21 project. Any such contract with a municipal joint action 22 water agency may provide that if one or more of the other 23 purchasers of water defaults in the payment of its 24 obligations under such contract or a similar contract made 25 with the supplier of the water, one or more of the remaining 26 purchasers party to such contract or such similar contract 27 shall be required to pay for all or a portion of the 28 obligations of the defaulting purchasers. 29 The changes in this Section made by these amendatory Acts 30 of 1984 are intended to be declarative of existing law. 31 (b) A municipality with a water supply contract with a 32 county water commission organized pursuant to the Water 33 Commission Act of 1985 shall provide water to unincorporated 34 areas of that home county in accordance with the terms of -6- LRB093 09164 MKM 16673 a 1 this subsection. The provision of water by the municipality 2 shall be in accordance with a mandate of the home county as 3 provided in Section 0.01 of the Water Commission Act of 1985. 4 A home rule unit may not provide water in a manner that is 5 inconsistent with the provisions of this amendatory Act of 6 the 93rd General Assembly. This subsection is a limitation 7 under subsection (i) of Section 6 of Article VII of the 8 Illinois Constitution on the concurrent exercise by home rule 9 units of powers and functions exercised by the State. 10 (Source: P.A. 83-1123; 83-1524.) 11 Section 15. The Water Commission Act of 1985 is amended 12 by changing Section 2 and by adding Sections 0.01, 0.02, 13 0.03, 0.04, and 0.05 as follows: 14 (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252) 15 Sec. 2. The General Assembly hereby finds and declares 16 that it is necessary and in the public interest to help 17 assure a sufficient and economic supply of a source of water 18 within those county wide areas of this State where, because 19 of a growth in population and proximity to large urban 20 centers, the health, safety and welfare of the residents is 21 threatened by an ever increasing shortage of a continuing, 22 available and adequate source and supply of water on an 23 economically reasonable basis; however, it is not the intent 24 of the General Assembly to interfere with the power of 25 municipalities to provide for the retail distribution of 26 water to their residents or the customers of their water 27 systems. Therefore, in order to provide for a sufficient and 28 economic supply of water to such areas, it is hereby declared 29 to be the law of this State that: 30 (a) With respect to any water commission constituted 31 pursuant to Division 135 of the Illinois Municipal Code or 32 established by operation of law under Public Act 83-1123, as -7- LRB093 09164 MKM 16673 a 1 amended, which water commission includes municipalities which 2 in the aggregate have within their corporate limits more than 3 50% of the population of a county (hereinafter referred to as 4 a "home county"), and such county is contiguous to a county 5 which has a population in excess of 1,000,000 inhabitants, 6 the provisions of this Act shall apply. With respect to any 7 such water commission (hereinafter referred to as a "county 8 water commission"): 9 (i) the terms of all commissioners of such 10 commission holding office at the time a water commission 11 becomes a county water commission shall terminate 30 days 12 after such time and new commissioners shall be appointed 13 as the governing board of the county water commission as 14 hereinafter provided in subsection (c); and 15 (ii) the county water commission shall continue to 16 be a body corporate and politic, and shall bear the name 17 of the home county but shall be independent from and not 18 a part of the county government and shall itself be a 19 political subdivision and a unit of local government, and 20 upon appointment of the new commissioners as the 21 governing board of such water commission as provided in 22 subsection (c), such water commission shall remain 23 responsible for the full payment of, and shall by 24 operation of law be deemed to have assumed and shall pay 25 when due all debts and obligations of the commission as 26 the same is constituted and as such debts and obligations 27 existed on the date such water commission becomes a 28 county water commission and such additional debts and 29 obligations as are incurred by such commission after such 30 date and prior to the appointment of the new 31 commissioners as the governing board of such commission, 32 and further shall continue to have and exercise all 33 powers and functions and duties of a water commission 34 created pursuant to Division 135 of the Illinois -8- LRB093 09164 MKM 16673 a 1 Municipal Code, as now or hereafter amended, and the 2 county water commission may rely on that Division, as 3 modified and supplemented by the provisions of this Act, 4 as lawful authority under which it may act. 5 (b) Any county water commission shall have as its 6 territory within its corporate limits, subject to taxation 7 for its purposes, and subject to the powers and limitations 8 as conferred by this Act, (i) all of the territory of the 9 home county except that territory located within the 10 corporate limits of excluded units as hereinafter defined and 11 (ii) also all of the territory located outside the home 12 county and included within the corporate limits of an 13 included unit as hereinafter defined. As used in this Act, 14 "excluded unit" means a unit of local government having a 15 waterworks system and having within its corporate limits 16 territory within the home county and which, at the time any 17 commission becomes a county water commission, receives, or 18 has contracted at such time for the receipt of, more than 25% 19 of the water distributed by such unit's water system from a 20 source outside of the home county. As used in this Section, 21 "included unit" means any unit of local government having a 22 waterworks system and having within its corporate limits 23 territory within the home county, which unit of local 24 government is not an excluded unit. No other water 25 commission shall be constituted under Division 135 of the 26 Illinois Municipal Code in any home county after the 27 effective date of this Act to provide water from any source 28 located outside the home county. Except as authorized by a 29 county water commission, no home county or included unit 30 shall enter into any new or renew or extend any existing 31 contract, agreement or other arrangement for the acquisition 32 or sale of water from any source located outside a home 33 county; provided, however, that any included unit may 34 contract for a supply of water in case of a temporary -9- LRB093 09164 MKM 16673 a 1 emergency from any other unit of local government or any 2 entity. In the event that any included unit elects to serve 3 retail customers outside its corporate boundaries and to 4 establish rates and charges for such water in excess of those 5 charged within its corporate boundaries, such rates and 6 charges shall have a reasonable relationship to the actual 7 cost of providing and delivering the water; this provision is 8 declarative of existing law. It is declared to be the law of 9 this State pursuant to paragraphs (g) and (h) of Section 6 of 10 Article VII of the Illinois Constitution that in any home 11 county, the provisions of this Act and Division 135 of the 12 Illinois Municipal Code, as modified and supplemented by this 13 Act and this amendatory Act of the 93rd General Assembly, 14 constitute a limitation upon the power of any such county and 15 upon all units of local government (except excluded units) 16 within such county, including home rule units, limiting to 17 such county, units of local government and home rule units 18 the power to acquire, supply or distribute water or to 19 establish any water commission for such purposes involving 20 water from any source located outside the home county in a 21 manner other than as provided or permitted by this Act and 22 Division 135, as modified and supplemented by this Act, and 23 further constitute an exercise of exclusive State power with 24 respect to the acquisition, supply and distribution of water 25 from any source located outside the home county by any such 26 county and by units of local government (except excluded 27 units), including home rule units, within such county and 28 with respect to the establishment for such purposes of any 29 water commission therein, which power may not be exercised 30 concurrently by any unit of local government or home rule 31 unit. Upon the request of any included unit, a county water 32 commission shall provide such included unit Lake Michigan 33 water in an amount up to the then current Department of 34 Transportation allocation of Lake Michigan water for such -10- LRB093 09164 MKM 16673 a 1 included unit. 2 With respect to a water commission to which the 3 provisions of subsection (a) apply, all uninhabited territory 4 that is owned and solely occupied by such a commission and is 5 located not within its home county but within a non-home rule 6 municipality adjacent to its home county shall, 7 notwithstanding any other provision of law, be disconnected 8 from that municipality by operation of this Act on the 9 effective date of this amendatory Act of 1991, and shall 10 thereafter no longer be within the territory of the 11 municipality for any purpose; except that for the purposes of 12 any statute that requires contiguity of territory, the 13 territory of the water commission shall be disregarded and 14 the municipality shall not be deemed to be noncontiguous by 15 virtue of the disconnection of the water commission 16 territory. 17 (c) The governing body of any water commission to which 18 the provisions of subsection (a) apply shall be a board of 19 commissioners, each to be appointed within 30 days after the 20 water commission becomes a county water commission to a term 21 commencing on such date, as follows: 22 (i) one commissioner, who shall serve as chairman, 23 who shall be a resident of the home county, to be 24 appointed by the chairman of the county board of such 25 county with the advice and consent of the county board, 26 provided that following the expiration of the term or 27 vacancy of the current chairman serving on the effective 28 date of this amendatory Act of the 93rd General Assembly, 29 any subsequent appointment as chairman shall also be 30 subject to the advice and consent of the county water 31 commission; 32 (ii) one commissioner from each county board 33 district within the home county, to be appointed by the 34 chairman of the county board of the home county with the -11- LRB093 09164 MKM 16673 a 1 advice and consent of the county board; and 2 (iii) one commissioner from each county board 3 district within the home county, to be appointed by the 4 majority vote of the mayors of those included units which 5 are municipalities and which have the greatest percentage 6 of their respective populations residing within such 7 county board district of the home county. 8 The mayors of the respective county board districts shall 9 meet for the purpose of making said respective appointments 10 at a time and place designated by that mayor in each county 11 board district of the included unit with the largest 12 population voting for a commissioner upon not less than 10 13 days' written notice to each other mayor entitled to vote. 14 The commissioners so appointed shall serve for a term of 15 6 years, or until their successors have been appointed and 16 have qualified in the same manner as the original 17 appointments, except that at the first meeting of such 18 commissioners, (A) the commissioners first appointed pursuant 19 to paragraph (ii) of this subsection shall determine publicly 20 by lot 1/3 of their number to serve for terms of 2 years, 1/3 21 of their number to serve for terms of 4 years and 1/3 of 22 their number to serve for terms of 6 years, any odd number of 23 commissioners so determined by dividing into thirds to serve 24 6 year terms, and (B) the commissioners first appointed 25 pursuant to paragraph (iii) of this subsection shall 26 determine publicly by lot 1/3 of their number to serve for 27 terms of 2 years, 1/3 of their number to serve for terms of 4 28 years and 1/3 of their number to serve for terms of 6 years, 29 any odd number of commissioners so determined by dividing 30 into thirds to serve 6 year terms. The commissioner first 31 appointed pursuant to paragraph (i) of this subsection, who 32 shall serve as chairman, shall serve for a term of 6 years. 33 Any commissioner may be a member of the governing board or an 34 officer or employee of such county or any unit of local -12- LRB093 09164 MKM 16673 a 1 government within such county. A commissioner is eligible 2 for reappointment upon the expiration of his term. A vacancy 3 in the office of a commissioner shall be filled for the 4 balance of the unexpired term by appointment and 5 qualification as to residency in the same manner as the 6 original appointment was made. Each commissioner shall 7 receive the same compensation which shall not be more than 8 $600 per year, except that no such commissioner who is a 9 member of the governing board or an officer or employee of 10 such county or any unit of local government within such 11 county may receive any compensation for serving as a 12 commissioner. Each commissioner may be removed by the 13 appointing authority for any cause for which any other county 14 or municipal officer may be removed. The county water 15 commission shall determine its own rules of proceeding. A 16 quorum shall be a majority of the commissioners then in 17 office. All ordinances or resolutions shall be passed by not 18 less than a majority of a quorum. No commissioner or 19 employee of the commission, no member of the county board or 20 other official elected within such county, no mayor or 21 president or other member of the corporate authorities of any 22 unit of local government within such county, and no employee 23 of such county or any such unit of local government, shall be 24 interested directly or indirectly in any contract or job of 25 work or materials, or the profits thereof, or services to be 26 performed for or by the commission. A violation of any of 27 the foregoing provisions of this subsection is a Class C 28 misdemeanor. A conviction is cause for the removal of a 29 person from his office or employment. 30 (d) Except as provided in subsection (g), subject to the 31 referendum provided for in subsection (e), a county water 32 commission may borrow money for corporate purposes on the 33 credit of the commission, and issue general obligation bonds 34 therefor, in such amounts and form and on such conditions as -13- LRB093 09164 MKM 16673 a 1 it shall prescribe, but shall not become indebted in any 2 manner or for any purpose in an amount including existing 3 indebtedness in the aggregate to exceed 5.75% of the 4 aggregate value of the taxable property within the 5 territorial boundaries of the county water commission, as 6 equalized and assessed by the Department of Revenue and as 7 most recently available at the time of the issue of said 8 bonds. Before or at the time of incurring any indebtedness, 9 except as provided in subsection (g), the commission shall 10 provide for the collection of a direct annual tax, which 11 shall be unlimited as to rate or amount, sufficient to pay 12 the interest on such debt as it falls due and also to pay and 13 discharge the principal thereof at maturity, which shall be 14 within 40 years after the date of issue thereof. Such tax 15 shall be levied upon and collected from all of the taxable 16 property within the territory of the county water commission. 17 Dissolution of the county water commission for any reason 18 shall not relieve the taxable property within such territory 19 of the county water commission from liability for such tax. 20 The clerk of the commission shall file a certified copy of 21 the resolution or ordinance by which such bonds are 22 authorized to be issued and such tax is levied with the 23 County Clerk of each county in which any of the territory of 24 the county water commission is located and such filing shall 25 constitute, without the doing of any other act, full and 26 complete authority for each such County Clerk to extend such 27 tax for collection upon all the taxable property within the 28 territory of the county water commission subject to such tax 29 in each and every year required sufficient to pay the 30 principal of and interest on such bonds, as aforesaid, 31 without limit as to rate or amount, and shall be in addition 32 to and in excess of all other taxes authorized to be levied 33 by the commission or any included unit. The general 34 obligation bonds shall be issued pursuant to an ordinance or -14- LRB093 09164 MKM 16673 a 1 resolution and may be issued in one or more series, and shall 2 bear such date or dates, mature at such time or times and in 3 any event not more than 40 years from the date thereof, be 4 sold at such price at private or public sale as determined by 5 a county water commission, bear interest at such rate or 6 rates such that the net effective interest rate received upon 7 the sale of such bonds does not exceed the maximum rate 8 determined under Section 2 of the Bond Authorization Act, 9 which rates may be fixed or variable, be in such 10 denominations, be in such form, either coupon or registered, 11 carry such conversion, registration, and exchange privileges, 12 be executed in such manner, be payable in such medium of 13 payment at such place or places within or without the State 14 of Illinois, be subject to such terms of redemption, and 15 contain or be subject to such other terms as the ordinance or 16 resolution may provide, and shall not be restricted by the 17 provisions of any other terms of obligations of public 18 agencies or private persons. 19 (e) No issue of general obligation bonds by a county 20 water commission (except bonds to refund an existing bonded 21 indebtedness) shall be authorized unless the commission 22 certifies the proposition of issuing such bonds to the proper 23 election officials, who shall submit the proposition to the 24 voters at an election in accordance with the general election 25 law, and the proposition has been approved by a majority of 26 those voting on the proposition. 27 The proposition shall be in the form provided in Section 28 5 or shall be substantially in the following form: 29 ------------------------------------------------------------- 30 Shall general obligation 31 bonds for the purpose of 32 (state purpose), in the YES 33 sum of $....(insert amount), ----------------------------- 34 be issued by the ......... NO -15- LRB093 09164 MKM 16673 a 1 (insert corporate name of 2 the county water commission)? 3 ------------------------------------------------------------- 4 (f) In order to carry out and perform its powers and 5 functions and duties under the provisions of this Act and 6 Division 135 of the Illinois Municipal Code, as modified and 7 supplemented by this Act, the governing body of any county 8 water commission may by ordinance levy annually upon all 9 taxable property within its territory a tax at a rate not to 10 exceed .005% of the value of such property, as equalized or 11 assessed by the Department of Revenue for the year in which 12 the levy is made. In addition, any county water commission 13 may by ordinance levy upon all taxable property within its 14 territory, for one year only, an additional tax for such 15 purposes at a rate not to exceed .20% of the value of such 16 property, as equalized or assessed by the Department of 17 Revenue for that year; provided, however, that such tax may 18 not be levied more than once in any county water commission. 19 (g) Any county water commission shall have the power to 20 borrow money, subject to the indebtedness limitation provided 21 in subsection (d), from the home county or included units, in 22 such amounts and in such terms as agreed by the governing 23 bodies of the commission and the home county or included 24 units. 25 (h) No county water commission constituted pursuant to 26 the Act shall engage in the retail sale or distribution of 27 water to residents or customers of any municipality. 28 (i) Nothing in the Section requires any municipality to 29 contract with a county water commission for a supply of 30 water. 31 (j) The State of Illinois recognizes that any such 32 contract for the supply of water executed by a unit of local 33 government and a county water commission may contain terms 34 and conditions intended by the parties thereto to be absolute -16- LRB093 09164 MKM 16673 a 1 conditions thereof. The State of Illinois also recognizes 2 that persons may loan funds to a county water commission 3 (including, without limitation, the purchase of revenue or 4 general obligation bonds of such commission) in reliance upon 5 the terms and conditions of any such contract for the supply 6 of water. Therefore, the State of Illinois pledges and 7 agrees to those parties and persons which make loans of funds 8 to a county water commission that it will not impair or limit 9 the power or ability of a county water commission or a unit 10 of local government fully to carry out the financial 11 obligations and obligation to furnish water pursuant to the 12 terms of any contract for the supply of water entered into by 13 such county water commission or unit of local government for 14 the term of such contracts or loans. All other terms and 15 conditions of such contracts and intergovernmental agreements 16 shall be binding to the extent that they are not inconsistent 17 with this amendatory Act of the 93rd General Assembly. 18 (Source: P.A. 87-145.) 19 (70 ILCS 3720/0.01 new) 20 Sec. 0.01. Service to areas with contaminated or tainted 21 water. 22 (a) Notwithstanding the terms of a water supply contract 23 existing on the effective date of this amendatory Act of the 24 93rd General Assembly, a municipality with a water supply 25 contract with a county water commission must provide water to 26 territories outside that municipality, provided that the 27 territory to be served currently receives well water that is 28 tainted or contaminated. The home county board must find that 29 the water supply in such territory is tainted or contaminated 30 such that the health of persons served in that territory is 31 likely to be adversely affected now or in the future. The 32 county water commission shall determine which municipality in 33 the home county is most appropriate for supplying water to -17- LRB093 09164 MKM 16673 a 1 the territory with the contaminated wells within 30 days of a 2 county board finding that there is a tainted or contaminated 3 water supply. 4 The municipality shall provide access to water for such 5 territory no later than 90 days after the county water 6 commission has determined by resolution that the municipality 7 is the most appropriate municipality for providing access to 8 water for the territory. "Access to water" includes access 9 through the municipal main, but the municipality need not 10 otherwise provide infrastructure to deliver water from the 11 municipal main. The municipality may sell water to such 12 territory at a rate higher than the rate charged to municipal 13 customers, in accordance with existing law. 14 (b) Unless otherwise provided by law, property in 15 unincorporated territory receiving water pursuant to 16 subsection (a) of this Section shall not be annexed without 17 consent of the owner of the property. A municipality's 18 furnishing water pursuant to subsection (a) of this Section 19 may not be conditioned on an agreement to annex. "Owner" for 20 the purpose of this subsection is any person or persons in 21 title, or in the case of property owned in trust, having the 22 beneficial ownership of such property, who owned the property 23 on the date water is first so received pursuant to subsection 24 (a) of this Section. Upon transfer of ownership of such 25 property, the municipality may annex it by ordinance. 26 (c) This amendatory Act of the 93rd General Assembly is 27 a limitation under subsection (i) of Section 6 of Article VII 28 of the Illinois Constitution on the concurrent exercise by 29 home rule units of powers and functions exercised by the 30 State. 31 (70 ILCS 3720/0.02 new) 32 Sec. 0.02. Rate equalization. Notwithstanding the terms 33 of a water supply contract existing on the effective date of -18- LRB093 09164 MKM 16673 a 1 this amendatory Act of the 93rd General Assembly, all parties 2 to a water supply contract with a county water commission, 3 irrespective of whether such party is a charter member or 4 subsequent entrant, shall pay rates equal to the rates paid 5 by other parties to such water supply contract and shall not 6 pay any additional fees, costs, or differentials as a 7 condition of becoming a party to such water supply contract. 8 Subsequent entrants to a water supply contract shall pay 9 their pro-rata portion of the original capital costs less any 10 rebates and the actual costs of connection to the water 11 commission system. 12 (70 ILCS 3720/0.03 new) 13 Sec. 0.03. Water subsidy guaranty. Except to satisfy 14 the obligations of persons who loaned funds to the county 15 water commission, the water rates charged to municipalities 16 that are in effect on the effective date of this amendatory 17 Act of the 93rd General Assembly may not be increased for a 18 period of 5 years. 19 (70 ILCS 3720/0.04 new) 20 Sec. 0.04. Five-year annual transfer of funds to home 21 county. Beginning July 1, 2003 and prior to July 1 of each 22 year through and including 2007, each county water commission 23 shall from any legally available sources transfer the sum of 24 $15,000,000 to the county board of the home county to be used 25 for county purposes. This amendatory Act of the 93rd General 26 Assembly is subordinate to any legally required payment of 27 principal, interest, or required reserve pursuant to the 28 county water commission's debt obligations. 29 (70 ILCS 3720/0.05 new) 30 Sec. 0.05. Home rule. A municipality, including a home 31 rule unit, must regulate its water systems and provide access -19- LRB093 09164 MKM 16673 a 1 to water as required under the provisions of this amendatory 2 Act of the 93rd General Assembly. This Section is a denial 3 and limitation under subsection (i) of Section 6 of Article 4 VII of the Illinois Constitution on the concurrent exercise 5 by home rule units of powers and functions exercised by the 6 State. 7 Section 90. The State Mandates Act is amended by adding 8 Section 8.27 as follows: 9 (30 ILCS 805/8.27 new) 10 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 11 and 8 of this Act, no reimbursement by the State is required 12 for the implementation of any mandate created by this 13 amendatory Act of the 93rd General Assembly. 14 Section 97. Severability. The provisions of this Act 15 are severable under Section 1.31 of the Statute on Statutes. 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.".