Illinois General Assembly - Full Text of HB0372
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Full Text of HB0372  99th General Assembly


Sen. James F. Clayborne, Jr.

Filed: 6/17/2015





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2    AMENDMENT NO. ______. Amend House Bill 372, by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Township Code is amended by changing
5Section 205-140 as follows:
6    (60 ILCS 1/205-140)
7    Sec. 205-140. Initiating proceedings for particular
8locality; rates and charges; lien.
9    (a) A township board may initiate proceedings under
10Sections 205-130 through 205-150 in the manner provided by
11Section 205-20.
12    (b) The township board may establish the rate or charge to
13each user of the waterworks system or sewerage system, or
14combined waterworks and sewerage system, or improvement or
15extension at a rate that will be sufficient to pay the
16principal and interest of any bonds issued to pay the cost of



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1the system, improvement, or extension and the maintenance and
2operation of the system, improvement, or extension and may
3provide an adequate depreciation fund for the bonds. Charges or
4rates shall be established, revised, and maintained by
5ordinance and become payable as the township board determines
6by ordinance.
7    (c) The charges or rates are liens upon the real estate
8upon or for which sewerage service is supplied whenever the
9charges or rates become delinquent as provided by the ordinance
10of the board fixing a delinquency date.
11    (d) Notwithstanding any provision of law to the contrary,
12the township shall conduct a cost study regarding the
13connection charge of the township:
14        (1) before the township increases or creates a
15    connection charge;
16        (2) upon the request of the supervisor or a majority of
17    the township board of the township;
18        (3) upon the request of a majority of the mayors or
19    village presidents of the municipalities located within or
20    substantially within the township or township's facility
21    planning area; or
22        (4) upon the filing with the township board of a
23    petition signed by 10% or more of the customers who have
24    paid connection charges to the township in the previous 5
25    calendar years.
26    The cost study shall be conducted by an independent entity



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1within 6 months of action taken under paragraphs (1), (2), (3),
2or (4) of this subsection (d). For purposes of this subsection
3(d), the term "independent entity" shall mean an engineering
4firm that has not entered into a contract with any State
5agency, unit of local government, or non-governmental entity
6for goods or services within the township or township service
7area in the 24 months prior to being contracted to perform the
8cost study. After performing a cost study under this subsection
9(d), an independent entity may not contract with any State
10agency, unit of local government, or non-governmental entity
11for goods or services within the township or township service
12area in the 24 months after completion of the cost study other
13than to perform further cost studies under this subsection (d).
14A township shall not be required to conduct more than one cost
15study in a 24 month period under paragraphs (1), (2), (3), or
16(4) of this subsection (d). The cost study must include, at a
17minimum, an examination of similar water main and sewer
18connection charges in neighboring units of local government or
19units of local government similar in size or population.
20Following the completion of the cost study, no increase or new
21connection charge may be imposed unless the increase or new
22charge is justified by the cost study. If the connection charge
23the township charged prior to completion of the cost study is
24higher than is justified by the cost study, the township shall
25reduce its connection charge to the amount justified by the
26cost study. For purposes of this subsection (d), "connection



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1charge" means any charge or fee, by whatever name, assessed to
2recover the cost of connecting the customer's water main,
3sewer, or water main and sewer service line to the township's
4facilities, and includes only the direct and indirect costs of
5physically tying the service line into the township's main.
6(Source: P.A. 82-783; 88-62.)
7    Section 10. The Metropolitan Water Reclamation District
8Act is amended by changing Sections 4.3, 4.11, 4.12, and 4.14
9as follows:
10    (70 ILCS 2605/4.3)  (from Ch. 42, par. 323.3)
11    Sec. 4.3. Classification of positions. The Director shall,
12with the consent and approval of said civil service board,
13classify within 90 days after the effective date of this
14amendatory Act of 1997, all positions in said sanitary district
15with reference to the duties thereof for the purpose of
16establishing job classifications, and of fixing and
17maintaining standards of examinations hereinafter provided
18for. The positions so classified shall constitute the
19classified civil service of such sanitary district and no
20appointments, promotions, transfers, demotions, reductions in
21grade or pay or removal therefrom shall be made except under
22and according to the provisions of this Act and of the rules
23hereinafter mentioned. As a part of such classified civil
24service all employees under said Director, except special



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1examiners, shall be included. The Director shall ascertain and
2record the duties of each position in the classified civil
3service and designate the classification of each position. Each
4classification shall comprise positions having substantially
5similar duties. He shall also record the lines of promotion
6from each lower classification to a higher classification
7wherever the experience derived in the performance of the
8duties of such lower classification tends to qualify for
9performance of duty in such higher classification. The
10director, subject to the disapproval of the civil service board
11as hereinafter provided, shall by rule prescribe standards of
12efficiency for each classification and for examinations of
13candidates for appointment thereto. Such rule or any amendment
14thereof shall take effect 30 days after written notice thereof
15is given to the civil service board, unless within such period
16the board files with the Director a written notice of its
17disapproval thereof.
18    For the purpose of establishing uniformity of pay and title
19for all positions similarly classified, it shall be the duty of
20the Director to prescribe by rule which shall become effective
21when approved by the trustees, the maximum and minimum pay for
22each classification and the title thereof and to report to the
23trustees annually and at such other times as they may direct
24the name and address of each officer and employee paid more or
25less than the pay prescribed for his classification or
26designated by a title other than that prescribed for his



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1classification by the board of trustees. It shall be the duty
2of the trustees not later than the beginning of the next fiscal
3year after receiving such report to change the pay or title of
4any position or employee so reported out of classification to
5conform to the title and pay prescribed by the Director for the
6classification in which the position held by the employee is
7classified. The Director shall standardize employment in each
8classification and make and keep a record of the relative
9efficiency of each employee in the classified civil service.
10The Director shall provide by rule methods for ascertaining and
11verifying the facts from which such records of relative
12efficiency shall be made which shall be uniform for each
13classification in the classified civil service.
14(Source: P.A. 90-316, eff. 1-1-98.)
15    (70 ILCS 2605/4.11)  (from Ch. 42, par. 323.11)
16    Sec. 4.11. Appointments. Whenever a position classified
17under this Act is to be filled, except the positions of deputy
18director of engineering, deputy director of monitoring and
19research, deputy director of maintenance and operations,
20assistant director of engineering, assistant director of
21maintenance and operations, deputy general counsel, head
22assistant attorneys, assistant director of monitoring and
23research, assistant director of information technology,
24comptroller, assistant treasurer, assistant director of
25procurement and materials management, assistant director of



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1human resources, and laborers, the Executive Director shall
2make requisition upon the Director, and the Director shall
3certify to him or her from the register of eligibles for the
4position the names (a) of the five candidates standing highest
5upon the register of eligibles for the position, or (b) of the
6candidates within the A category upon the register of eligibles
7if the register is by categories designated as A, B, and C,
8provided, however, that any certification shall consist of at
9least 5 candidates, if available. If fewer than 5 candidates
10are in the A category, then the Director shall also certify all
11of the candidates in the B category. If fewer than 5 candidates
12are in the A and B categories combined, then the Director shall
13also certify all of the candidates in the C category. The
14Executive Director shall notify the Director of each position
15to be filled separately and shall fill the position by
16appointment of one of the certified candidates. The Executive
17Director's appointment decision shall be final and not subject
18to review. An appointed candidate shall be a probationary
19appointee on probation for a period to be fixed by the rules,
20not exceeding 250 days worked by the probationary appointee in
21the position of probationary appointment. At any time during
22the period of probation, the Executive Director with the
23approval of the Director may terminate a probationary appointee
24and shall notify the civil service board in writing of the
25termination; however, the Executive Director's termination of
26a probationary appointee shall be final and not subject to



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1review. At any time during the period of probation, a
2probationary appointee may make a written request to
3voluntarily terminate a probationary appointment, and if
4approved by the Executive Director, such voluntary termination
5shall be final and not subject to review. If a probationary
6appointee is not terminated, his or her appointment shall be
7deemed complete.
8    When there is no eligible list, the Executive Director may,
9with the authority of the Director, make a temporary
10appointment to remain in force only until a permanent
11appointment from an eligible register or list can be made in
12the manner specified in the previous provisions of this
13Section, and examinations to supply an eligible list therefor
14shall be held and an eligible list established therefrom within
15one year from the making of such appointment. The acceptance or
16refusal by an eligible person of a temporary appointment does
17not affect his or her standing on the register for permanent
19    In employment of an essentially temporary and transitory
20nature, the Executive Director may, with the authority of the
21Director of Human Resources make temporary appointments. No
22temporary appointment of an essentially temporary and
23transitory nature may be granted for a period of more than 119
24consecutive or non-consecutive working days per calendar year.
25The Director must include in his or her annual report, and if
26required by the commissioners, in any special report, a



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1statement of all temporary appointments made during the year or
2period specified by the commissioners, together with a
3statement of the facts in each case because of which the
4authority was granted.
5    All laborers shall be appointed by the Executive Director
6and shall be on probation for a period to be fixed by the
7rules, not exceeding 250 days worked by the laborer in the
8position of the probationary appointment. At any time during
9the period of a laborer's probation, the Executive Director
10with the approval of the Director may terminate a laborer's
11probationary appointment and shall notify the civil service
12board in writing of the termination; however, the Executive
13Director's termination of a laborer's probationary appointment
14shall be final and not subject to review. If a laborer's
15probationary appointment is not terminated, the appointment
16shall be deemed complete.
17    The positions of deputy director of engineering, deputy
18director of monitoring and research, deputy director of
19maintenance and operations, assistant director of engineering,
20assistant director of maintenance and operations, deputy
21general counsel, head assistant attorneys, assistant director
22of monitoring and research, assistant director of information
23technology, comptroller, assistant treasurer, assistant
24director of procurement and materials management, and
25assistant director of human resources shall be appointed by the
26Executive Director upon the recommendation of the respective



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1department head and shall be on probation for a period to be
2fixed by the rules, not exceeding two years. At any time during
3the period of probation, the Executive Director on the
4recommendation of the department head concerned, may terminate
5any such probationary appointee and he or she shall notify the
6Civil Service Board in writing of the termination; however, the
7Executive Director's termination of a probationary appointee
8shall be final and not subject to review. If a probationary
9appointee is not terminated, his or her appointment shall be
10deemed complete under the laws governing the classified civil
12(Source: P.A. 97-124, eff. 7-14-11.)
13    (70 ILCS 2605/4.12)  (from Ch. 42, par. 323.12)
14    Sec. 4.12. The Director may by his rules provide for
15transfers of officers and employees in the classified service
16from positions in one office or department to positions of the
17same class and grade in another office or department. Transfers
18which are in the nature of promotions shall be governed by
19Section 4.10 of this Act.
20    Subject to the Executive Director's approval, an employee
21in the classified civil service may make a written request for
22a voluntary demotion to the employee's most recent former
23classification, and if granted by the Executive Director, such
24voluntary demotion shall be final and not subject to review.
25(Source: Laws 1963, p. 2477.)



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1    (70 ILCS 2605/4.14)  (from Ch. 42, par. 323.14)
2    Sec. 4.14. No officer or employee in the classified civil
3service of the sanitary district shall be involuntarily demoted
4removed or discharged except for cause, upon written charges,
5and after an opportunity to be heard in his own defense. For
6discharge actions, such Such charges shall be filed with the
7civil service board within 30 days from the date of suspension
8under the charges, and the charges shall be promptly
9investigated by or before the civil service board, or by or
10before some officer or officers appointed by the civil service
11board to conduct such investigation. Both involuntary demotion
12and discharge hearings The hearing shall be public and the
13employee shall be entitled to call witnesses in his or her
14defense and to have the aid of counsel. Such hearings shall
15take place within 120 days after charges are filed against the
16employee, unless the . The hearing shall be public and the
17accused shall be entitled to call witnesses in his defense and
18to have the aid of counsel. The civil service board continues
19may continue a discharge or involuntary demotion hearing for
20good cause shown and only with the consent of the employee.
21After the hearing is completed, the The civil service board
22shall enter a finding and decision. A decision shall be deemed
23to have been served either when a copy of the decision is
24personally delivered or when a copy of the decision is
25deposited in the United States mail, addressed to the employee



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1at his last known address on file with the human resources
2department. The finding and decision of the civil service board
3or of such investigating officer or officers, when approved by
4said civil service board, shall be final, except for the
5judicial review thereof as herein provided, and shall be
6certified to the appointing officer, and shall be forthwith
7enforced by such officer. Nothing in this Act shall limit the
8power of any officer to suspend a subordinate for a reasonable
9period not exceeding thirty days; however, if charges are filed
10against a suspended employee, the suspension shall be extended
11until the civil service board enters its finding and decision
12regarding the charges unless prior to this time the board
13enters an order approving an agreement between the sanitary
14district and the employee that the suspension should terminate
15at an earlier date. Every such suspension shall be without pay:
16Provided, however, that the civil service board shall have
17authority to investigate every such suspension and, in case of
18its disapproval thereof, it shall have power to restore pay to
19the employee so suspended. For discharge actions, if the civil
20service board enters a finding and decision denying discharge,
21the employee shall be returned to the classification held at
22the time charges were filed. For involuntary demotion actions,
23if the civil service board enters a finding and decision
24granting an involuntary demotion, the employee shall be demoted
25to the employee's most recent former classification. In the
26course of any investigation provided for in this Act, each



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1member of the civil service board and any officer appointed by
2it shall have the power to administer oaths and shall have
3power to secure by its subpoena both the attendance and
4testimony of witnesses and the production of books and papers.
5    Either the sanitary district or the employee may file a
6written petition for rehearing of the finding and decision of
7the civil service board within 21 calendar days after the
8finding and decision are served as provided in this Section.
9The petition shall state fully the grounds upon which
10application for further investigation and hearing is based. If
11a petition is denied by the civil service board, the decision
12shall remain in full force and effect and any further appeal by
13either party shall be in accordance with the provisions of the
14Administrative Review Law.
15    The provisions of the Administrative Review Law, and all
16amendments and modifications thereof, and the rules adopted
17pursuant thereto, shall apply to and govern all proceedings for
18the judicial review of final administrative decisions of the
19civil service board hereunder. The term "administrative
20decision" is defined as in Section 3-101 of the Code of Civil
22(Source: P.A. 95-923, eff. 8-26-08.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".