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SB0341 Enrolled |
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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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SB0341 Enrolled |
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LRB094 06151 EFG 36216 b |
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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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SB0341 Enrolled |
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LRB094 06151 EFG 36216 b |
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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.
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