Full Text of HB3400 100th General Assembly
HB3400eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by adding | 5 | | 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 100th 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 | 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 | 17 | | not apply to previously unbilled service attributed to | 18 | | tampering, theft of service, fraud, or the customer preventing | 19 | | the utility's recorded efforts to obtain an accurate reading of | 20 | | the meter. | 21 | | Section 10. The Public Water District Act is amended by | 22 | | adding 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 | 2 | | of 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 | 5 | | not apply to previously unbilled service attributed to | 6 | | tampering, theft of service, fraud, or the customer preventing | 7 | | the utility's recorded efforts to obtain an accurate reading of | 8 | | the meter. | 9 | | Section 15. The Water Service District Act is amended by | 10 | | adding 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 | 14 | | of 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 | 19 | | not apply to previously unbilled service attributed to | 20 | | tampering, theft of service, fraud, or the customer preventing | 21 | | the utility's recorded efforts to obtain an accurate reading of | 22 | | the meter. | 23 | | Section 20. The Water Authorities Act is amended by | 24 | | changing 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 | 3 | | powers:
| 4 | | 1. To make inspections of wells or other withdrawal | 5 | | facilities and
to require information and data from the owners | 6 | | or operators thereof
concerning the supply, withdrawal and use | 7 | | of water.
| 8 | | 2. To require the registration with them of all wells or | 9 | | other
withdrawal facilities in accordance with such form or | 10 | | forms as they deem
advisable.
| 11 | | 3. To require permits from them for all additional wells or
| 12 | | withdrawal facilities or for the deepening, extending or | 13 | | enlarging
existing wells or withdrawal facilities.
| 14 | | 4. To require the plugging of abandoned wells or the repair | 15 | | of any
well or withdrawal facility to prevent loss of water or | 16 | | contamination of
supply.
| 17 | | 5. To reasonably regulate the use of water and during any | 18 | | period of
actual or threatened shortage to establish limits | 19 | | upon or priorities as
to the use of water. In issuing any such | 20 | | regulation, limitation, or
priority, such board shall seek to | 21 | | promote the common welfare by
considering the public interest, | 22 | | the average amount of present
withdrawals, relative benefits or | 23 | | importance of use, economy or
efficiency of use and any other | 24 | | reasonable differentiation. Appropriate
consideration shall | 25 | | also be given to any user, who has theretofore
reduced the | 26 | | volume of ground water previously consumed by such user or
who |
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| 1 | | has taken care of increased requirements by installing and | 2 | | using
equipment and facilities permitting the use of surface | 3 | | water by such
user.
| 4 | | 6. To supplement the existing water supply or provide | 5 | | additional
water supply by such means as may be practicable or | 6 | | feasible. They may
acquire property or property rights either | 7 | | within or without the
boundaries of the authority by purchase, | 8 | | lease, condemnation proceedings
or otherwise, and they may | 9 | | construct, maintain and operate wells,
reservoirs, pumping | 10 | | stations, purification plants, infiltration pits,
recharging | 11 | | wells and such other facilities as may be necessary to insure
| 12 | | an adequate supply of water for the present and future needs of | 13 | | the
authority. They shall have the right to sell water to | 14 | | municipalities or
public utilities operating water | 15 | | distribution systems either within or
without the authority.
| 16 | | 7. To levy and collect a general tax on all of the taxable | 17 | | property
within the corporate limits of the authority, the | 18 | | aggregate amount of
which for one year, exclusive of the amount | 19 | | levied for bonded
indebtedness or interest thereon, shall not | 20 | | exceed .08 per cent of the
value as equalized or assessed by | 21 | | the Department of Revenue. For the purpose
of acquiring | 22 | | necessary property or facilities,
to issue general obligation | 23 | | bonds bearing interest at the rate of not to
exceed the maximum | 24 | | rate authorized by the Bond Authorization Act, as amended
at | 25 | | the time of the making of the contract, and payable
over a | 26 | | period of not
to exceed 20 years,
the aggregate principal |
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| 1 | | amount of which at any one time outstanding
shall not exceed | 2 | | one-half of 1% of the value as equalized or assessed by
the | 3 | | Department of Revenue of all taxable property
located within | 4 | | the corporate limits of the authority and to levy and
collect a | 5 | | further or additional direct annual tax upon all the taxable
| 6 | | property within the corporate limits of such authority | 7 | | sufficient to
meet the principal and interest of such bonds as | 8 | | the same mature. They
shall also have authority to issue | 9 | | revenue bonds payable solely out of
anticipated revenues.
| 10 | | 8. To consult with and receive available information | 11 | | concerning
their duties and responsibilities from the State | 12 | | Water Survey, the State
Geological Survey, the Board of Natural | 13 | | Resources and Conservation, the
Water Resources and Flood | 14 | | Control Board and any other board or
commission of the State. | 15 | | Before constructing any facility for providing
additional | 16 | | water supply, the plans therefor shall be submitted to and
| 17 | | approved by the Environmental Protection Agency or its | 18 | | successor and all
operations of such facilities shall be | 19 | | conducted in accordance with such
rules and regulations as may | 20 | | from time to time be prescribed by the
Pollution Control Board.
| 21 | | 9. To have the right by appropriate action in the circuit | 22 | | court of
any county in which such authority, or any part | 23 | | thereof, is located to
restrain any violation or threatened | 24 | | violation of any of their orders,
rules, regulations or | 25 | | ordinances.
| 26 | | 10. To provide by ordinance that the violation of any |
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| 1 | | provision of
any rule, regulation or ordinance adopted by them | 2 | | shall constitute a
misdemeanor subject to a fine by the circuit | 3 | | court of not to exceed $50
for each act of violation and that | 4 | | each day's violation shall constitute
a separate offense.
| 5 | | 11. On or after the effective date of this amendatory Act | 6 | | of the 100th General Assembly, to bill for any utility service, | 7 | | including previously unbilled service, supplied to a | 8 | | residential customer within 12 months, or a non-residential | 9 | | customer within 24 months, after the provision of that service | 10 | | to the customer; however, the water authority may bill for | 11 | | unpaid amounts that were billed to a customer or if the | 12 | | customer was notified that there is an unpaid amount before the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly for service that was supplied to the customer before | 15 | | January 1, 2016. The time limit of this paragraph shall not | 16 | | apply to previously unbilled service attributed to tampering, | 17 | | theft of service, fraud, or the customer preventing the | 18 | | utility's recorded efforts to obtain an accurate reading of the | 19 | | meter. The trustees shall: (i) label any amount attributed to | 20 | | previously unbilled service as such on the customer's bill and | 21 | | include the beginning and ending dates for the period during | 22 | | which the previously unbilled amount accrued; (ii) issue the | 23 | | makeup billing amount calculated on a prorated basis to reflect | 24 | | the varying rates for previously unbilled service accrued over | 25 | | a 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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| 1 | | arrangement to retire the makeup bill for previously unbilled | 2 | | service by periodic payments, without interest or late fees, | 3 | | over a time equal to the amount of time the billing was | 4 | | delayed. The trustees shall not intentionally delay billing | 5 | | beyond the normal bill cycle. | 6 | | With respect to instruments for the payment of money issued | 7 | | under this
Section either before, on, or after the effective | 8 | | date of this amendatory
Act of 1989, it is and always has been | 9 | | the intention of the General
Assembly (i) that the Omnibus Bond | 10 | | Acts are and always have been
supplementary grants of power to | 11 | | issue instruments in accordance with the
Omnibus Bond Acts, | 12 | | regardless of any provision of this Act that may appear
to be | 13 | | or to have been more restrictive than those Acts, (ii) that the
| 14 | | provisions of this Section are not a limitation on the | 15 | | supplementary
authority granted by the Omnibus Bond Acts, and | 16 | | (iii) that instruments
issued under this Section within the | 17 | | supplementary authority granted
by the Omnibus Bond Acts are | 18 | | not invalid because of any provision of
this Act that may | 19 | | appear 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 | 22 | | changing 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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| 1 | | power 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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| 1 | | becoming law.
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