94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0831


 
Introduced 2/2/2005, by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:
 		













70 ILCS 2605/9e new










    Amends the Metropolitan Water Reclamation District Act.  Authorizes the creation and use of a Stormwater Working Cash Fund. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0831

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    AN ACT concerning the Metropolitan Water Reclamation 
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District.

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


 
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    Section 5. The Metropolitan Water Reclamation District Act 
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is amended  by adding Section 9e as follows:
 
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    (70 ILCS 2605/9e  new)
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    Sec. 9e. Stormwater working cash fund. The corporate 
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authorities of any such sanitary district may by ordinance 
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establish a fund to be known as the "stormwater working cash 
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fund", which shall be maintained and administered in the manner 
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provided by this Act for the purpose of enabling the corporate 
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authorities to have in the treasury at all times sufficient 
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money to meet demands for ordinary and necessary expenditures 
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for stormwater management purposes as defined in Section 7h of 
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this Act.
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    To create the stormwater working cash fund, the corporate 
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authorities may transfer funds allowed to be transferred under 
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this Act into the stormwater working cash fund, in an amount 
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not to exceed 100% of the amount produced by multiplying the 
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maximum tax rate permitted under this Act for stormwater 
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purposes by the last known assessed valuation of all taxable 
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property within the territorial boundaries of the sanitary 
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district, as equalized and determined for State and local 
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taxes. All such moneys, when received by the treasurer of the 
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district, shall be set apart in the stormwater working cash 
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fund.
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    The moneys in the stormwater working cash fund shall not be 
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regarded as current assets available for appropriation and 
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shall not be appropriated by the corporate authorities in the 
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annual sanitary district budget.
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    In order to provide moneys with which to meet ordinary and 
 


 






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necessary disbursements for salaries and other stormwater 
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purposes, moneys in the stormwater working cash fund may be 
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transferred, in whole or in part, to the stormwater fund of the 
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sanitary district and so disbursed therefrom in anticipation of 
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the collection of any taxes lawfully levied for stormwater 
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purposes. Moneys shall be transferred from the stormwater 
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working cash fund to the stormwater fund only upon the 
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authority of the corporate authorities, which shall by 
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resolution direct the treasurer of the sanitary district to 
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make transfers. The resolution shall set forth (1) the entire 
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amount of real estate taxes extended or estimated to be 
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extended from which the stormwater working cash fund will be 
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reimbursed, and (2) the aggregate amount of moneys theretofore 
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transferred from the stormwater working cash fund to the 
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stormwater fund in anticipation of the collection of such 
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taxes. The amount that the resolution directs the treasurer of 
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the sanitary district to transfer in anticipation of the 
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collection of taxes levied, when added to the aggregate amount 
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of any such transfers theretofore made, shall not exceed the 
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aggregate of 100% of the actual or estimated amount of such 
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taxes extended or to be extended.
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    Upon the receipt by the treasurer of the sanitary district 
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of any taxes in anticipation of the collection of which moneys 
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of the stormwater working cash fund have been so transferred 
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for disbursement, that fund shall immediately be reimbursed 
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from those taxes until the full amount so transferred has been 
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retransferred to the fund. If the taxes in anticipation of the 
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collection of which such a transfer was made are not collected 
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in sufficient amounts to effect a complete reimbursement of the 
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stormwater working cash fund within the second budget year 
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following the year in which the transfer was made, the 
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deficiencies between the amounts so transferred and the amounts 
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repaid shall be general obligations of the stormwater fund 
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until repaid from taxes in anticipation of which such transfers 
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were made or from appropriations which may be made in annual 
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sanitary district budgets of sums of money to apply on such 
 


 






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general obligations.
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    Any member of the board of commissioners of the sanitary 
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district, any officer thereof, and any other person holding any 
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other position of trust or employment under that board who is 
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guilty of the willful violation of any of the provisions of 
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this Section commits a business offense and shall be fined an 
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amount not exceeding $10,000 and shall forfeit the right to his 
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or her office, trust, or employment and be removed therefrom. 
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Any such member, officer, or person shall be liable for any sum 
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that he or she  may cause to be unlawfully diverted from the 
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stormwater working cash fund or otherwise improperly used, to 
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be recovered by the corporate authorities of the sanitary 
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district or by any taxpayer in the name and for the benefit of 
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the board of commissioners in an appropriate civil action. A 
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taxpayer so suing shall file a bond for, and shall be liable 
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for, all costs taxed against the board of commissioners in the 
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suit. Nothing herein shall bar any other remedies.
 

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