HB3400 EnrolledLRB100 05971 AWJ 15999 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 11-150-2 as follows:
 
6    (65 ILCS 5/11-150-2 new)
7    Sec. 11-150-2. Billing for services.
8    (a) On or after the effective date of this amendatory Act
9of the 100th General Assembly, the corporate authorities of any
10municipality operating a waterworks or combined waterworks and
11sewerage system:
12        (1) shall bill for any utility service, including
13    previously unbilled service: (A) within 12 months after the
14    provision of that service to the customer if the service is
15    supplied to a residential customer; or (B) within 24 months
16    after the provision of that service to that customer if the
17    service is supplied to a non-residential customer;
18    however, the corporate authorities of a municipality may
19    bill for unpaid amounts that were billed to a customer or
20    if the customer was notified that there is an unpaid amount
21    before the effective date of this amendatory Act of the
22    100th General Assembly for service that was supplied to the
23    customer before January 1, 2016;

 

 

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1        (2) shall not intentionally delay billing beyond the
2    normal billing cycle;
3        (3) shall label any amount attributed to previously
4    unbilled service as such on the customer's bill and include
5    the beginning and ending dates for the period during which
6    the previously unbilled amount accrued;
7        (4) shall issue the makeup billing amount calculated on
8    a prorated basis to reflect the varying rates for
9    previously unbilled service accrued over a period of time
10    when the rates for service have varied; and
11        (5) shall provide the customer with the option of a
12    payment arrangement to retire the makeup bill for
13    previously unbilled service by periodic payments, without
14    interest or late fees, over a time equal to the amount of
15    time the billing was delayed.
16    (b) The time limit of paragraph (1) of subsection (a) shall
17not apply to previously unbilled service attributed to
18tampering, theft of service, fraud, or the customer preventing
19the utility's recorded efforts to obtain an accurate reading of
20the meter.
 
21    Section 10. The Public Water District Act is amended by
22adding Section 7.4 as follows:
 
23    (70 ILCS 3705/7.4 new)
24    Sec. 7.4. Billing for services.

 

 

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1    (a) On or after the effective date of this amendatory Act
2of the 100th General Assembly, a public water district:
3        (1) shall bill for any utility service, including
4    previously unbilled service: (A) within 12 months after the
5    provision of that service to the customer if the service is
6    supplied to a residential customer; or (B) within 24 months
7    after the provision of that service to that customer if the
8    service is supplied to a non-residential customer;
9    however, the public water district may bill for unpaid
10    amounts that were billed to a customer or if the customer
11    was notified that there is an unpaid amount before the
12    effective date of this amendatory Act of the 100th General
13    Assembly for service that was supplied to the customer
14    before January 1, 2016;
15        (2) shall not intentionally delay billing beyond the
16    normal billing cycle;
17        (3) shall label any amount attributed to previously
18    unbilled service as such on the customer's bill and include
19    the beginning and ending dates for the period during which
20    the previously unbilled amount accrued;
21        (4) shall issue the makeup billing amount calculated on
22    a prorated basis to reflect the varying rates for
23    previously unbilled service accrued over a period of time
24    when the rates for service have varied; and
25        (5) shall provide the customer with the option of a
26    payment arrangement to retire the makeup bill for

 

 

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1    previously unbilled service by periodic payments, without
2    interest or late fees, over a time equal to the amount of
3    time the billing was delayed.
4    (b) The time limit of paragraph (1) of subsection (a) shall
5not apply to previously unbilled service attributed to
6tampering, theft of service, fraud, or the customer preventing
7the utility's recorded efforts to obtain an accurate reading of
8the meter.
 
9    Section 15. The Water Service District Act is amended by
10adding Section 5.3 as follows:
 
11    (70 ILCS 3710/5.3 new)
12    Sec. 5.3. Billing for services.
13    (a) On or after the effective date of this amendatory Act
14of the 100th General Assembly, a water service district:
15        (1) shall bill for any utility service, including
16    previously unbilled service: (A) within 12 months after the
17    provision of that service to the customer if the service is
18    supplied to a residential customer; or (B) within 24 months
19    after the provision of that service to that customer if the
20    service is supplied to a non-residential customer;
21    however, the water service district may bill for unpaid
22    amounts that were billed to a customer or if the customer
23    was notified that there is an unpaid amount before the
24    effective date of this amendatory Act of the 100th General

 

 

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1    Assembly for service that was supplied to the customer
2    before January 1, 2016;
3        (2) shall not intentionally delay billing beyond the
4    normal billing cycle;
5        (3) shall label any amount attributed to previously
6    unbilled service as such on the customer's bill and include
7    the beginning and ending dates for the period during which
8    the previously unbilled amount accrued;
9        (4) shall issue the makeup billing amount calculated on
10    a prorated basis to reflect the varying rates for
11    previously unbilled service accrued over a period of time
12    when the rates for service have varied; and
13        (5) shall provide the customer with the option of a
14    payment arrangement to retire the makeup bill for
15    previously unbilled service by periodic payments, without
16    interest or late fees, over a time equal to the amount of
17    time the billing was delayed.
18    (b) The time limit of paragraph (1) of subsection (a) shall
19not apply to previously unbilled service attributed to
20tampering, theft of service, fraud, or the customer preventing
21the utility's recorded efforts to obtain an accurate reading of
22the meter.
 
23    Section 20. The Water Authorities Act is amended by
24changing Section 6 as follows:
 

 

 

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1    (70 ILCS 3715/6)  (from Ch. 111 2/3, par. 228)
2    Sec. 6. Such board of trustees shall have the following
3powers:
4    1. To make inspections of wells or other withdrawal
5facilities and to require information and data from the owners
6or operators thereof concerning the supply, withdrawal and use
7of water.
8    2. To require the registration with them of all wells or
9other withdrawal facilities in accordance with such form or
10forms as they deem advisable.
11    3. To require permits from them for all additional wells or
12withdrawal facilities or for the deepening, extending or
13enlarging existing wells or withdrawal facilities.
14    4. To require the plugging of abandoned wells or the repair
15of any well or withdrawal facility to prevent loss of water or
16contamination of supply.
17    5. To reasonably regulate the use of water and during any
18period of actual or threatened shortage to establish limits
19upon or priorities as to the use of water. In issuing any such
20regulation, limitation, or priority, such board shall seek to
21promote the common welfare by considering the public interest,
22the average amount of present withdrawals, relative benefits or
23importance of use, economy or efficiency of use and any other
24reasonable differentiation. Appropriate consideration shall
25also be given to any user, who has theretofore reduced the
26volume of ground water previously consumed by such user or who

 

 

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1has taken care of increased requirements by installing and
2using equipment and facilities permitting the use of surface
3water by such user.
4    6. To supplement the existing water supply or provide
5additional water supply by such means as may be practicable or
6feasible. They may acquire property or property rights either
7within or without the boundaries of the authority by purchase,
8lease, condemnation proceedings or otherwise, and they may
9construct, maintain and operate wells, reservoirs, pumping
10stations, purification plants, infiltration pits, recharging
11wells and such other facilities as may be necessary to insure
12an adequate supply of water for the present and future needs of
13the authority. They shall have the right to sell water to
14municipalities or public utilities operating water
15distribution systems either within or without the authority.
16    7. To levy and collect a general tax on all of the taxable
17property within the corporate limits of the authority, the
18aggregate amount of which for one year, exclusive of the amount
19levied for bonded indebtedness or interest thereon, shall not
20exceed .08 per cent of the value as equalized or assessed by
21the Department of Revenue. For the purpose of acquiring
22necessary property or facilities, to issue general obligation
23bonds bearing interest at the rate of not to exceed the maximum
24rate authorized by the Bond Authorization Act, as amended at
25the time of the making of the contract, and payable over a
26period of not to exceed 20 years, the aggregate principal

 

 

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1amount of which at any one time outstanding shall not exceed
2one-half of 1% of the value as equalized or assessed by the
3Department of Revenue of all taxable property located within
4the corporate limits of the authority and to levy and collect a
5further or additional direct annual tax upon all the taxable
6property within the corporate limits of such authority
7sufficient to meet the principal and interest of such bonds as
8the same mature. They shall also have authority to issue
9revenue bonds payable solely out of anticipated revenues.
10    8. To consult with and receive available information
11concerning their duties and responsibilities from the State
12Water Survey, the State Geological Survey, the Board of Natural
13Resources and Conservation, the Water Resources and Flood
14Control Board and any other board or commission of the State.
15Before constructing any facility for providing additional
16water supply, the plans therefor shall be submitted to and
17approved by the Environmental Protection Agency or its
18successor and all operations of such facilities shall be
19conducted in accordance with such rules and regulations as may
20from time to time be prescribed by the Pollution Control Board.
21    9. To have the right by appropriate action in the circuit
22court of any county in which such authority, or any part
23thereof, is located to restrain any violation or threatened
24violation of any of their orders, rules, regulations or
25ordinances.
26    10. To provide by ordinance that the violation of any

 

 

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1provision of any rule, regulation or ordinance adopted by them
2shall constitute a misdemeanor subject to a fine by the circuit
3court of not to exceed $50 for each act of violation and that
4each day's violation shall constitute a separate offense.
5    11. On or after the effective date of this amendatory Act
6of the 100th General Assembly, to bill for any utility service,
7including previously unbilled service, supplied to a
8residential customer within 12 months, or a non-residential
9customer within 24 months, after the provision of that service
10to the customer; however, the water authority may bill for
11unpaid amounts that were billed to a customer or if the
12customer was notified that there is an unpaid amount before the
13effective date of this amendatory Act of the 100th General
14Assembly for service that was supplied to the customer before
15January 1, 2016. The time limit of this paragraph shall not
16apply to previously unbilled service attributed to tampering,
17theft of service, fraud, or the customer preventing the
18utility's recorded efforts to obtain an accurate reading of the
19meter. The trustees shall: (i) label any amount attributed to
20previously unbilled service as such on the customer's bill and
21include the beginning and ending dates for the period during
22which the previously unbilled amount accrued; (ii) issue the
23makeup billing amount calculated on a prorated basis to reflect
24the varying rates for previously unbilled service accrued over
25a period of time when the rates for service have varied; and
26(iii) provide the customer with the option of a payment

 

 

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1arrangement to retire the makeup bill for previously unbilled
2service by periodic payments, without interest or late fees,
3over a time equal to the amount of time the billing was
4delayed. The trustees shall not intentionally delay billing
5beyond the normal bill cycle.
6    With respect to instruments for the payment of money issued
7under this Section either before, on, or after the effective
8date of this amendatory Act of 1989, it is and always has been
9the intention of the General Assembly (i) that the Omnibus Bond
10Acts are and always have been supplementary grants of power to
11issue instruments in accordance with the Omnibus Bond Acts,
12regardless of any provision of this Act that may appear to be
13or to have been more restrictive than those Acts, (ii) that the
14provisions of this Section are not a limitation on the
15supplementary authority granted by the Omnibus Bond Acts, and
16(iii) that instruments issued under this Section within the
17supplementary authority granted by the Omnibus Bond Acts are
18not invalid because of any provision of this Act that may
19appear to be or to have been more restrictive than those Acts.
20(Source: P.A. 86-4.)
 
21    Section 25. The Water Commission Act of 1985 is amended by
22changing Section 0.001b as follows:
 
23    (70 ILCS 3720/0.001b)
24    Sec. 0.001b. Powers and duties. A water commission has the

 

 

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1power and duty to:
2        (1) establish and define the responsibilities of the
3    commission and its committees;
4        (2) establish and define the responsibilities of the
5    commission's management and staff;
6        (3) establish a finance committee to conduct monthly
7    meetings to supervise staff's handling of financial
8    matters and budgeting;
9        (4) require the finance director and treasurer to
10    report to the finance committee the status of all
11    commission funds and obligations;
12        (5) require the treasurer to report to the commission
13    any improper or unnecessary expenditures, budgetary
14    errors, or accounting irregularities;
15        (6) require commission staff to document and comply
16    with standard accounting policies, procedures, and
17    controls to ensure accurate reporting to the finance
18    committee and commission and to identify improper or
19    unnecessary expenditures, budgetary errors, or accounting
20    irregularities;
21        (7) require the commission's finance director to
22    provide monthly reports regarding the commission's cash
23    and investment position including whether the commission
24    has sufficient cash and investments to pay its debt
25    service, operating expenses, and capital expenditures and
26    maintain required reserve levels. The information shall

 

 

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1    include the required funding levels for restricted funds
2    and unrestricted cash and investment balances with
3    comparisons to unrestricted reserves. The information
4    shall also include the type and performance of the
5    commission's investments and description as to whether
6    those investments are in compliance with the commission's
7    investment policies;
8        (8) require the commission's finance director to
9    provide the commission with detailed information
10    concerning the commission's operating performance
11    including the budgeted and actual monthly amounts for water
12    sales, water costs, and other operating expenses;
13        (9) require commission staff to provide the commission
14    with detailed information regarding the progress of
15    capital projects including whether the percentage of
16    completion and costs incurred are timely;
17        (10) require the commission's staff accountant to
18    perform bank reconciliations and general ledger account
19    reconciliations on a monthly basis; the finance director
20    shall review these reconciliations and provide them to the
21    treasurer and the finance committee on a monthly basis;
22        (11) establish policies to ensure the proper
23    segregation of the financial duties performed by
24    employees;
25        (12) restrict access to the established accounting
26    systems and general ledger systems and provide for adequate

 

 

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1    segregation of duties so that no single person has sole
2    access and control over the accounting system or the
3    general ledger system;
4        (13) require that the finance director review and
5    approve all manual journal entries and supporting
6    documentation; the treasurer shall review and approve the
7    finance director's review and approval of manual journal
8    entries and supporting documentation;
9        (14) require that the finance director closely monitor
10    the progress of construction projects;
11        (15) require that the finance director carefully
12    document any GAAP analysis or communications with GASB and
13    provide full and timely reports for the same to the finance
14    committee; and
15        (16) retain an outside independent auditor to perform a
16    comprehensive audit of the water commission's financial
17    activities for each fiscal year in conformance with the
18    standard practices of the Association of Governmental
19    Auditors; within 30 days after the independent audit is
20    completed, the results of the audit must be sent to the
21    county auditor; and .
22        (17) on or after the effective date of this amendatory
23    Act of the 100th General Assembly, bill for any utility
24    service, including previously unbilled service, supplied
25    to a residential customer within 12 months, or a
26    non-residential customer within 24 months, after the

 

 

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1    provision of that service to the customer; however, the
2    water commission may bill for unpaid amounts that were
3    billed to a customer or if the customer was notified that
4    there is an unpaid amount before the effective date of this
5    amendatory Act of the 100th General Assembly for service
6    that was supplied to the customer before January 1, 2016.
7    The time limit of this paragraph shall not apply to
8    previously unbilled service attributed to tampering, theft
9    of service, fraud, or the customer preventing the utility's
10    recorded efforts to obtain an accurate reading of the
11    meter. The commission shall: (i) label any amount
12    attributed to previously unbilled service as such on the
13    customer's bill and include the beginning and ending dates
14    for the period during which the previously unbilled amount
15    accrued; (ii) issue the makeup billing amount calculated on
16    a prorated basis to reflect the varying rates for
17    previously unbilled service accrued over a period of time
18    when the rates for service have varied; and (iii) provide
19    the customer with the option of a payment arrangement to
20    retire the makeup bill for previously unbilled service by
21    periodic payments, without interest or late fees, over a
22    time equal to the amount of time the billing was delayed.
23    The commission shall not intentionally delay billing
24    beyond the normal bill cycle.
25(Source: P.A. 96-1389, eff. 7-29-10.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.