HB5552ham001 96TH GENERAL ASSEMBLY

Rep. Randy Ramey, Jr.

Filed: 3/12/2010

09600HB5552ham001 LRB096 18695 RLJ 38469 a

AMENDMENT TO HOUSE BILL 5552

AMENDMENT NO. ______. Amend House Bill 5552 by replacing everything after the enacting clause with the following:

"Section 5. The Water Commission Act of 1985 is amended by adding Sections 0.001, 0.001a, 0.001b, 0.001c, 0.001d, 0.001e, 0.001f, 0.001g, 0.001h, 0.001i, 0.001j, 0.001k, 0.001l, and 0.001m as follows:

(70 ILCS 3720/0.001 new)

Sec. 0.001. Purpose and findings. It is the purpose of this amendatory Act of the 96th General Assembly to abolish the water commissions created by this Act and to transfer to the respective home counties that are served by the water commissions all assets, property, liabilities, rights, powers, duties, and functions of the commissions.

The General Assembly finds and declares that it is necessary and in the best interest of the people of the State and the persons served by these commissions to change the governance of the water systems created and functioning under this Act. The changes made by this amendatory Act of the 96th General Assembly are intended to save costs by eliminating an unnecessary additional level of government, make the governance of the water systems more responsive to the electors and water users, serve more equitably the municipalities receiving water, ensure the financial viability of the water systems, spread the costs of the water systems more equitably among the users, ensure proper financial and operational oversight, and to ensure that government services are delivered in a transparent and responsible manner.

It is not the intent of this amendatory Act of the 96th General Assembly to change or permit the changing of any financial covenants or obligations of a water commission established under this Act to supply water.

(70 ILCS 3720/0.001a new)

Sec. 0.001a. Districts abolished; assets, property, liabilities, rights, powers, duties, and functions assumed. Notwithstanding any provision of law to the contrary, any water commission established under this Act is abolished on December 1, 2011. On December 1, 2011, the home county serviced by a water commission that is abolished by this amendatory Act of the 96th General Assembly shall assume all assets, property, liabilities, rights, powers, duties, and functions of the abolished commission.

(70 ILCS 3720/0.001b new)

Sec. 0.001b. Transfer of personnel. On December 1, 2011, personnel employed by a water commission that is abolished by this amendatory Act of the 96th General Assembly are transferred to the home county serviced by the commission. The rights of these employees under collective bargaining agreements are not affected by this amendatory Act of the 96th General Assembly.

(70 ILCS 3720/0.001c new)

Sec. 0.001c. Transfer of property. Effective December 1, 2011, all books, records, documents, real and personal property, unexpended appropriations, and pending business of a water commission abolished under this amendatory Act of the 96th General Assembly are transferred and delivered to the home county serviced by the water commission.

(70 ILCS 3720/0.001d new)

Sec. 0.001d. Taxes. Beginning on December 1, 2011, the county board of a home county serviced by a water commission abolished under this amendatory Act of the 96th General Assembly shall have the power to levy and collect the tax set forth in subsection (f) of Section 2 of this Act. The revenues collected from this tax may be used only to repay the debts, obligations, and operating expenses incurred by an abolished water commission.

(70 ILCS 3720/0.001e new)

Sec. 0.001e. Water enterprise fund. On December 1, 2011, the home county shall establish a water enterprise fund. All moneys transferred to the home county under this amendatory Act of the 96th General Assembly shall, for accounting purposes, be stated separately in the water enterprise fund. If the home county has an existing water fund, the moneys from the abolished commission shall be kept as a separate fund in the county treasury.

The home county must have an independent accredited auditor conduct an annual audit of the fund. This audit shall be sent to the Illinois Auditor General for review and comment. All audits and findings by the auditors must be made available to the public.

(70 ILCS 3720/0.001f new)

Sec. 0.001f. Water service for unincorporated areas. A municipality with a water supply contract with a home county serviced by a water commission abolished under Section 0.001a shall provide water to unincorporated areas of that home county that adjoin that municipality in accordance with the terms of this Section. The provision of water by the municipality shall be in accordance with an ordinance adopted by the home county. The home county must find that the area to be served received well water that is tainted, contaminated, or otherwise substandard or the general safety of the area is compromised. The ordinance of the home county shall designate the system within the unincorporated area to receive and distribute municipal water.

(70 ILCS 3720/0.001g new)

Sec. 0.001g. Water rate guarantee. Except to satisfy the obligations of the abolished water commission, the water rates charged to municipalities in effect on December 1, 2011 may be increased only by an amount equal to the rate increases charged to the home county for the purchase of the bulk water for a period of 5 years. The home county must increase the rates charged to municipalities by an amount equal to the rate increases charged to the home county for the purchase of bulk water in perpetuity no later than one month after the increases take effect. Under no circumstances may the home county charge a rate less than the rate of the bulk water purchased by the home county. After the initial 5-year period, the home county may not increase this rate above the bulk water rate without the affirmative vote of three-fifths of the county board. All other charges and fees levied by the abolished water commission before December 1, 2011 may not be increased for a period of 5 years. After the initial 5-year period, the home county may not increase the charges and fees levied by the abolished water commission without the affirmative vote of three-fifths of the county board.

(70 ILCS 3720/0.001h new)

Sec. 0.001h. Governance and oversight. The county board shall, by resolution, create a Water Operations and Planning Committee. The Water Operations and Planning Committee shall consist of equal numbers of county board and municipal representatives from each county board district and any other members as determined by the county and municipal members.

The county board members shall be appointed by the chairperson of the county board. Municipal members from each county board district or other represented area shall be appointed by a majority vote of the mayors of those municipalities that have the greatest percentage of their respective populations residing in the county board district or other represented area, as applicable. All municipal and county board representatives shall be entitled to a vote. The Water Operations and Planning Committee shall adopt by-laws, by a majority vote, to govern the functions of the committee and its subcommittees. Officers of the committee shall include a chair to be selected by the chairperson of the county board and a vice-chair to be selected by the municipal representatives to the committee.

The principal duties of the Water Operations and Planning Committee shall be to provide direct oversight and guidance for the functions of a dissolved commission and to provide recommendations for consideration by the county board.

The Committee shall have no oversight over the DuPage County Public Works water system.

(70 ILCS 3720/0.001i new)

Sec. 0.001i. Ordinances, orders, and resolutions.

(a) On December 1, 2011, the ordinances, orders, and resolutions of a water commission abolished by this amendatory Act of the 96th General Assembly that were in effect on November 30, 2011 and that pertain to the assets, property, liabilities, rights, powers, duties, and functions transferred to the home county serviced by the abolished commission shall become, with respect to that territory, the ordinances, orders, and resolutions of the home county and shall continue in effect until amended or repealed.

(b) Any ordinances, orders, or resolutions pertaining to the assets, property, liabilities, rights, powers, duties, and functions transferred to the home county under this amendatory Act of the 96th General Assembly that have been proposed by a water commission abolished by this amendatory Act of the 96th General Assembly but have not taken effect or been finally adopted by November 30, 2011 shall become, with respect to that territory, the proposed ordinances, orders, and resolutions of the home county, and any procedures that have already been completed by the abolished water commission for those proposed ordinances, orders, or resolutions need not be repeated.

(c) As soon as practical after December 1, 2011, the home county shall revise and clarify the ordinances, orders, and resolutions transferred to it under this amendatory Act of the 96th General Assembly. The home county may propose and adopt other ordinances, orders, or resolutions as may be necessary to consolidate and clarify the ordinances, orders, and resolutions assumed under this amendatory Act of the 96th General Assembly.

(70 ILCS 3720/0.001j new)

Sec. 0.001j. Cross references. Beginning on December 1, 2011, all references in other statutes, however phrased, to a water commission abolished under this amendatory act of the 96th General Assembly shall be references to the home county in its capacity as successor to the abolished water commission.

(70 ILCS 3720/0.001k new)

Sec. 0.001k. Savings provisions.

(a) The assets, property, liabilities, rights, powers, duties, and functions transferred to a home county by this amendatory Act of the 96th General assembly shall be vested in that county subject to the provisions of this amendatory Act of the 96th General Assembly. An act done by an abolished water commission or by an officer, employee, or agent of the abolished water commission with respect to the transferred assets, property, liabilities, rights, powers, duties, or functions shall have the same legal effect as if done by the home county or by an officer, employee, or agent of the home county.

(b) The transfer of assets, liabilities, rights, powers, duties, and functions under this amendatory Act of the 96th General Assembly does not invalidate any previous action taken by or in respect to an abolished water commission or its officers, employees, or agents. References to an abolished water commission or to its officers, employees, or agents in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the home county or to its officers, employees, or agents.

(c) The transfer of assets, property, liabilities, rights, powers, duties, and functions under this amendatory Act of the 96th General Assembly does not affect any person's rights, obligations, or duties, including any applicable civil or criminal penalties, arising out of those transferred assets, property, liabilities, rights, powers, duties, and functions.

(d) With respect to matters pertaining to an asset, liability, right, power, duty, or function transferred to a home county under this amendatory Act of the 96th General Assembly:

(1) Beginning December 1, 2011, a report or notice that was previously required to be made or given by any person to an abolished water commission or to any of its officers, employees, or agents must be made or given in the same manner to the home county or to its appropriate officer, employee, or agent.

(2) Beginning December 1, 2011, a document that was previously required to be furnished or served by any person to or upon an abolished water commission or to or upon any of its officers, employees, or agents must be furnished or served in the same manner to or upon the home county or to or upon its appropriate officer, employee, or agent.

(e) This amendatory Act of the 96th General Assembly does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before December 1, 2011. Any action or proceeding that pertains to an asset, property, liability, right, power, duty, or function transferred to a home county under this Act and that is pending on October 1, 2011 may be prosecuted, defended, or continued by the home county.

(70 ILCS 3720/0.001l new)

Sec. 0.001l. Disputes. Any disputes that arise as a result of the abolishment of a water commission and the assumption by the home county of the assets, property, liabilities, rights, powers, duties, and functions of the abolished commission shall be resolved by an appropriate action commenced in the circuit court.

(70 ILCS 3720/0.001m new)

Sec. 0.001m. Home rule. A home rule unit may not regulate its water systems in a manner that is inconsistent with the provisions of this amendatory Act of the 96th General Assembly. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The State Mandates Act is amended by adding Section 8.34 as follows:

(30 ILCS 805/8.34 new)

Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.

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

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