Full Text of HB5711 99th General Assembly
HB5711sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/13/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5711
| 2 | | AMENDMENT NO. ______. Amend House Bill 5711 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | adding Section 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 | 9 | | of the 99th General Assembly, the corporate authorities of any | 10 | | municipality operating a waterworks or combined waterworks and | 11 | | sewerage 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 |
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| 1 | | service is supplied to a non-residential customer; | 2 | | (2) shall not intentionally delay billing beyond the | 3 | | normal billing cycle; | 4 | | (3) shall label any amount attributed to previously | 5 | | unbilled service as such on the customer's bill and include | 6 | | the beginning and ending dates for the period during which | 7 | | the previously unbilled amount accrued; | 8 | | (4) shall issue the makeup billing amount calculated on | 9 | | a prorated basis to reflect the varying rates for | 10 | | previously unbilled service accrued over a period of time | 11 | | when the rates for service have varied; and | 12 | | (5) shall provide the customer with the option of a | 13 | | payment arrangement to retire the makeup bill for | 14 | | previously unbilled service by periodic payments, without | 15 | | interest or late fees, over a time equal to the amount of | 16 | | time the billing was delayed. | 17 | | (b) The time limit of paragraph (1) of subsection (a) shall | 18 | | not apply to previously unbilled service attributed to | 19 | | tampering, theft of service, fraud, or the customer preventing | 20 | | the utility's recorded efforts to obtain an accurate reading of | 21 | | the meter. | 22 | | Section 10. The Public Water District Act is amended by | 23 | | adding Section 7.4 as follows: | 24 | | (70 ILCS 3705/7.4 new) |
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| 1 | | Sec. 7.4. Billing for services. | 2 | | (a) On or after the effective date of this amendatory Act | 3 | | of the 99th General Assembly, a public water district: | 4 | | (1) shall bill for any utility service, including | 5 | | previously unbilled service: (A) within 12 months after the | 6 | | provision of that service to the customer if the service is | 7 | | supplied to a residential customer; or (B) within 24 months | 8 | | after the provision of that service to that customer if the | 9 | | service is supplied to a non-residential customer; | 10 | | (2) shall not intentionally delay billing beyond the | 11 | | normal billing cycle; | 12 | | (3) shall label any amount attributed to previously | 13 | | unbilled service as such on the customer's bill and include | 14 | | the beginning and ending dates for the period during which | 15 | | the previously unbilled amount accrued; | 16 | | (4) shall issue the makeup billing amount calculated on | 17 | | a prorated basis to reflect the varying rates for | 18 | | previously unbilled service accrued over a period of time | 19 | | when the rates for service have varied; and | 20 | | (5) shall provide the customer with the option of a | 21 | | payment arrangement to retire the makeup bill for | 22 | | previously unbilled service by periodic payments, without | 23 | | interest or late fees, over a time equal to the amount of | 24 | | time the billing was delayed. | 25 | | (b) The time limit of paragraph (1) of subsection (a) shall | 26 | | not apply to previously unbilled service attributed to |
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| 1 | | tampering, theft of service, fraud, or the customer preventing | 2 | | the utility's recorded efforts to obtain an accurate reading of | 3 | | the meter. | 4 | | Section 15. The Water Service District Act is amended by | 5 | | adding Section 5.3 as follows: | 6 | | (70 ILCS 3710/5.3 new) | 7 | | Sec. 5.3. Billing for services. | 8 | | (a) On or after the effective date of this amendatory Act | 9 | | of the 99th General Assembly, a water service district: | 10 | | (1) shall bill for any utility service, including | 11 | | previously unbilled service: (A) within 12 months after the | 12 | | provision of that service to the customer if the service is | 13 | | supplied to a residential customer; or (B) within 24 months | 14 | | after the provision of that service to that customer if the | 15 | | service is supplied to a non-residential customer; | 16 | | (2) shall not intentionally delay billing beyond the | 17 | | normal billing cycle; | 18 | | (3) shall label any amount attributed to previously | 19 | | unbilled service as such on the customer's bill and include | 20 | | the beginning and ending dates for the period during which | 21 | | the previously unbilled amount accrued; | 22 | | (4) shall issue the makeup billing amount calculated on | 23 | | a prorated basis to reflect the varying rates for | 24 | | previously unbilled service accrued over a period of time |
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| 1 | | when the rates for service have varied; and | 2 | | (5) shall provide the customer with the option of a | 3 | | payment arrangement to retire the makeup bill for | 4 | | previously unbilled service by periodic payments, without | 5 | | interest or late fees, over a time equal to the amount of | 6 | | time the billing was delayed. | 7 | | (b) The time limit of paragraph (1) of subsection (a) shall | 8 | | not apply to previously unbilled service attributed to | 9 | | tampering, theft of service, fraud, or the customer preventing | 10 | | the utility's recorded efforts to obtain an accurate reading of | 11 | | the meter. | 12 | | Section 20. The Water Authorities Act is amended by | 13 | | changing Section 6 as follows:
| 14 | | (70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
| 15 | | Sec. 6. Such board of trustees shall have the following | 16 | | powers:
| 17 | | 1. To make inspections of wells or other withdrawal | 18 | | facilities and
to require information and data from the owners | 19 | | or operators thereof
concerning the supply, withdrawal and use | 20 | | of water.
| 21 | | 2. To require the registration with them of all wells or | 22 | | other
withdrawal facilities in accordance with such form or | 23 | | forms as they deem
advisable.
| 24 | | 3. To require permits from them for all additional wells or
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| 1 | | withdrawal facilities or for the deepening, extending or | 2 | | enlarging
existing wells or withdrawal facilities.
| 3 | | 4. To require the plugging of abandoned wells or the repair | 4 | | of any
well or withdrawal facility to prevent loss of water or | 5 | | contamination of
supply.
| 6 | | 5. To reasonably regulate the use of water and during any | 7 | | period of
actual or threatened shortage to establish limits | 8 | | upon or priorities as
to the use of water. In issuing any such | 9 | | regulation, limitation, or
priority, such board shall seek to | 10 | | promote the common welfare by
considering the public interest, | 11 | | the average amount of present
withdrawals, relative benefits or | 12 | | importance of use, economy or
efficiency of use and any other | 13 | | reasonable differentiation. Appropriate
consideration shall | 14 | | also be given to any user, who has theretofore
reduced the | 15 | | volume of ground water previously consumed by such user or
who | 16 | | has taken care of increased requirements by installing and | 17 | | using
equipment and facilities permitting the use of surface | 18 | | water by such
user.
| 19 | | 6. To supplement the existing water supply or provide | 20 | | additional
water supply by such means as may be practicable or | 21 | | feasible. They may
acquire property or property rights either | 22 | | within or without the
boundaries of the authority by purchase, | 23 | | lease, condemnation proceedings
or otherwise, and they may | 24 | | construct, maintain and operate wells,
reservoirs, pumping | 25 | | stations, purification plants, infiltration pits,
recharging | 26 | | wells and such other facilities as may be necessary to insure
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| 1 | | an adequate supply of water for the present and future needs of | 2 | | the
authority. They shall have the right to sell water to | 3 | | municipalities or
public utilities operating water | 4 | | distribution systems either within or
without the authority.
| 5 | | 7. To levy and collect a general tax on all of the taxable | 6 | | property
within the corporate limits of the authority, the | 7 | | aggregate amount of
which for one year, exclusive of the amount | 8 | | levied for bonded
indebtedness or interest thereon, shall not | 9 | | exceed .08 per cent of the
value as equalized or assessed by | 10 | | the Department of Revenue. For the purpose
of acquiring | 11 | | necessary property or facilities,
to issue general obligation | 12 | | bonds bearing interest at the rate of not to
exceed the maximum | 13 | | rate authorized by the Bond Authorization Act, as amended
at | 14 | | the time of the making of the contract, and payable
over a | 15 | | period of not
to exceed 20 years,
the aggregate principal | 16 | | amount of which at any one time outstanding
shall not exceed | 17 | | one-half of 1% of the value as equalized or assessed by
the | 18 | | Department of Revenue of all taxable property
located within | 19 | | the corporate limits of the authority and to levy and
collect a | 20 | | further or additional direct annual tax upon all the taxable
| 21 | | property within the corporate limits of such authority | 22 | | sufficient to
meet the principal and interest of such bonds as | 23 | | the same mature. They
shall also have authority to issue | 24 | | revenue bonds payable solely out of
anticipated revenues.
| 25 | | 8. To consult with and receive available information | 26 | | concerning
their duties and responsibilities from the State |
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| 1 | | Water Survey, the State
Geological Survey, the Board of Natural | 2 | | Resources and Conservation, the
Water Resources and Flood | 3 | | Control Board and any other board or
commission of the State. | 4 | | Before constructing any facility for providing
additional | 5 | | water supply, the plans therefor shall be submitted to and
| 6 | | approved by the Environmental Protection Agency or its | 7 | | successor and all
operations of such facilities shall be | 8 | | conducted in accordance with such
rules and regulations as may | 9 | | from time to time be prescribed by the
Pollution Control Board.
| 10 | | 9. To have the right by appropriate action in the circuit | 11 | | court of
any county in which such authority, or any part | 12 | | thereof, is located to
restrain any violation or threatened | 13 | | violation of any of their orders,
rules, regulations or | 14 | | ordinances.
| 15 | | 10. To provide by ordinance that the violation of any | 16 | | provision of
any rule, regulation or ordinance adopted by them | 17 | | shall constitute a
misdemeanor subject to a fine by the circuit | 18 | | court of not to exceed $50
for each act of violation and that | 19 | | each day's violation shall constitute
a separate offense.
| 20 | | 11. On or after the effective date of this amendatory Act | 21 | | of the 99th General Assembly, to bill for any utility service, | 22 | | including previously unbilled service, supplied to a | 23 | | residential customer within 12 months, or a non-residential | 24 | | customer within 24 months, after the provision of that service | 25 | | to the customer. The time limit of this paragraph shall not | 26 | | apply to previously unbilled service attributed to tampering, |
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| 1 | | theft of service, fraud, or the customer preventing the | 2 | | utility's recorded efforts to obtain an accurate reading of the | 3 | | meter. The trustees shall: (i) label any amount attributed to | 4 | | previously unbilled service as such on the customer's bill and | 5 | | include the beginning and ending dates for the period during | 6 | | which the previously unbilled amount accrued; (ii) issue the | 7 | | makeup billing amount calculated on a prorated basis to reflect | 8 | | the varying rates for previously unbilled service accrued over | 9 | | a period of time when the rates for service have varied; and | 10 | | (iii) provide the customer with the option of a payment | 11 | | arrangement to retire the makeup bill for previously unbilled | 12 | | service by periodic payments, without interest or late fees, | 13 | | over a time equal to the amount of time the billing was | 14 | | delayed. The trustees shall not intentionally delay billing | 15 | | beyond the normal bill cycle. | 16 | | With respect to instruments for the payment of money issued | 17 | | under this
Section either before, on, or after the effective | 18 | | date of this amendatory
Act of 1989, it is and always has been | 19 | | the intention of the General
Assembly (i) that the Omnibus Bond | 20 | | Acts are and always have been
supplementary grants of power to | 21 | | issue instruments in accordance with the
Omnibus Bond Acts, | 22 | | regardless of any provision of this Act that may appear
to be | 23 | | or to have been more restrictive than those Acts, (ii) that the
| 24 | | provisions of this Section are not a limitation on the | 25 | | supplementary
authority granted by the Omnibus Bond Acts, and | 26 | | (iii) that instruments
issued under this Section within the |
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| 1 | | supplementary authority granted
by the Omnibus Bond Acts are | 2 | | not invalid because of any provision of
this Act that may | 3 | | appear to be or to have been more restrictive than
those Acts.
| 4 | | (Source: P.A. 86-4.)
| 5 | | Section 25. The Water Commission Act of 1985 is amended by | 6 | | changing Section 0.001b as follows: | 7 | | (70 ILCS 3720/0.001b) | 8 | | Sec. 0.001b. Powers and duties. A water commission has the | 9 | | power and duty to: | 10 | | (1) establish and define the responsibilities of the | 11 | | commission and its committees; | 12 | | (2) establish and define the responsibilities of the | 13 | | commission's management and staff; | 14 | | (3) establish a finance committee to conduct monthly | 15 | | meetings to supervise staff's handling of financial | 16 | | matters and budgeting; | 17 | | (4) require the finance director and treasurer to | 18 | | report to the finance committee the status of all | 19 | | commission funds and obligations; | 20 | | (5) require the treasurer to report to the commission | 21 | | any improper or unnecessary expenditures, budgetary | 22 | | errors, or accounting irregularities; | 23 | | (6) require commission staff to document and comply | 24 | | with standard accounting policies, procedures, and |
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| 1 | | controls to ensure accurate reporting to the finance | 2 | | committee and commission and to identify improper or | 3 | | unnecessary expenditures, budgetary errors, or accounting | 4 | | irregularities; | 5 | | (7) require the commission's finance director to | 6 | | provide monthly reports regarding the commission's cash | 7 | | and investment position including whether the commission | 8 | | has sufficient cash and investments to pay its debt | 9 | | service, operating expenses, and capital expenditures and | 10 | | maintain required reserve levels. The information shall | 11 | | include the required funding levels for restricted funds | 12 | | and unrestricted cash and investment balances with | 13 | | comparisons to unrestricted reserves. The information | 14 | | shall also include the type and performance of the | 15 | | commission's investments and description as to whether | 16 | | those investments are in compliance with the commission's | 17 | | investment policies; | 18 | | (8) require the commission's finance director to | 19 | | provide the commission with detailed information | 20 | | concerning the commission's operating performance | 21 | | including the budgeted and actual monthly amounts for water | 22 | | sales, water costs, and other operating expenses; | 23 | | (9) require commission staff to provide the commission | 24 | | with detailed information regarding the progress of | 25 | | capital projects including whether the percentage of | 26 | | completion and costs incurred are timely; |
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| 1 | | (10) require the commission's staff accountant to | 2 | | perform bank reconciliations and general ledger account | 3 | | reconciliations on a monthly basis; the finance director | 4 | | shall review these reconciliations and provide them to the | 5 | | treasurer and the finance committee on a monthly basis; | 6 | | (l1) establish policies to ensure the proper | 7 | | segregation of the financial duties performed by | 8 | | employees; | 9 | | (12) restrict access to the established accounting | 10 | | systems and general ledger systems and provide for adequate | 11 | | segregation of duties so that no single person has sole | 12 | | access and control over the accounting system or the | 13 | | general ledger system; | 14 | | (13) require that the finance director review and | 15 | | approve all manual journal entries and supporting | 16 | | documentation; the treasurer shall review and approve the | 17 | | finance director's review and approval of manual journal | 18 | | entries and supporting documentation; | 19 | | (14) require that the finance director closely monitor | 20 | | the progress of construction projects; | 21 | | (15) require that the finance director carefully | 22 | | document any GAAP analysis or communications with GASB and | 23 | | provide full and timely reports for the same to the finance | 24 | | committee; and | 25 | | (16) retain an outside independent auditor to perform a | 26 | | comprehensive audit of the water commission's financial |
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| 1 | | activities for each fiscal year in conformance with the | 2 | | standard practices of the Association of Governmental | 3 | | Auditors; within 30 days after the independent audit is | 4 | | completed, the results of the audit must be sent to the | 5 | | county auditor ; and .
| 6 | | (17) on or after the effective date of this amendatory | 7 | | Act of the 99th General Assembly, bill for any utility | 8 | | service, including previously unbilled service, supplied | 9 | | to a residential customer within 12 months, or a | 10 | | non-residential customer within 24 months, after the | 11 | | provision of that service to the customer. The time limit | 12 | | of this paragraph shall not apply to previously unbilled | 13 | | service attributed to tampering, theft of service, fraud, | 14 | | or the customer preventing the utility's recorded efforts | 15 | | to obtain an accurate reading of the meter. The commission | 16 | | shall: (i) label any amount attributed to previously | 17 | | unbilled service as such on the customer's bill and include | 18 | | the beginning and ending dates for the period during which | 19 | | the previously unbilled amount accrued; (ii) issue the | 20 | | makeup billing amount calculated on a prorated basis to | 21 | | reflect the varying rates for previously unbilled service | 22 | | accrued over a period of time when the rates for service | 23 | | have varied; and (iii) provide the customer with the option | 24 | | of a payment arrangement to retire the makeup bill for | 25 | | previously unbilled service by periodic payments, without | 26 | | interest or late fees, over a time equal to the amount of |
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| 1 | | time the billing was delayed. The commission shall not | 2 | | intentionally delay billing beyond the normal bill cycle. | 3 | | (Source: P.A. 96-1389, eff. 7-29-10.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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