Illinois General Assembly - Full Text of Public Act 094-0474
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Public Act 094-0474


 

Public Act 0474 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0474
 
SB0341 Enrolled LRB094 06151 EFG 36216 b

    AN ACT concerning the Metropolitan Water Reclamation
District.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Water Reclamation District Act
is amended by adding Section 9e as follows:
 
    (70 ILCS 2605/9e new)
    Sec. 9e. Stormwater working cash fund. The corporate
authorities of any such sanitary district may by ordinance
establish a fund to be known as the "stormwater working cash
fund", which shall be maintained and administered in the manner
provided by this Act for the purpose of enabling the corporate
authorities to have in the treasury at all times sufficient
money to meet demands for ordinary and necessary expenditures
for stormwater management purposes as defined in Section 7h of
this Act.
    To create the stormwater working cash fund, the corporate
authorities may transfer funds allowed to be transferred under
this Act into the stormwater working cash fund, in an amount
not to exceed 100% of the amount produced by multiplying the
maximum tax rate permitted under this Act for stormwater
purposes by the last known assessed valuation of all taxable
property within the territorial boundaries of the sanitary
district, as equalized and determined for State and local
taxes. All such moneys, when received by the treasurer of the
district, shall be set apart in the stormwater working cash
fund.
    The moneys in the stormwater working cash fund shall not be
regarded as current assets available for appropriation and
shall not be appropriated by the corporate authorities in the
annual sanitary district budget.
    In order to provide moneys with which to meet ordinary and
necessary disbursements for salaries and other stormwater
purposes, moneys in the stormwater working cash fund may be
transferred, in whole or in part, to the stormwater fund of the
sanitary district and so disbursed therefrom in anticipation of
the collection of any taxes lawfully levied for stormwater
purposes. Moneys shall be transferred from the stormwater
working cash fund to the stormwater fund only upon the
authority of the corporate authorities, which shall by
resolution direct the treasurer of the sanitary district to
make transfers. The resolution shall set forth (1) the entire
amount of real estate taxes extended or estimated to be
extended from which the stormwater working cash fund will be
reimbursed, and (2) the aggregate amount of moneys theretofore
transferred from the stormwater working cash fund to the
stormwater fund in anticipation of the collection of such
taxes. The amount that the resolution directs the treasurer of
the sanitary district to transfer in anticipation of the
collection of taxes levied, when added to the aggregate amount
of any such transfers theretofore made, shall not exceed the
aggregate of 100% of the actual or estimated amount of such
taxes extended or to be extended.
    Upon the receipt by the treasurer of the sanitary district
of any taxes in anticipation of the collection of which moneys
of the stormwater working cash fund have been so transferred
for disbursement, that fund shall immediately be reimbursed
from those taxes until the full amount so transferred has been
retransferred to the fund. If the taxes in anticipation of the
collection of which such a transfer was made are not collected
in sufficient amounts to effect a complete reimbursement of the
stormwater working cash fund within the second budget year
following the year in which the transfer was made, the
deficiencies between the amounts so transferred and the amounts
repaid shall be general obligations of the stormwater fund
until repaid from taxes in anticipation of which such transfers
were made or from appropriations which may be made in annual
sanitary district budgets of sums of money to apply on such
general obligations.
    Any member of the board of commissioners of the sanitary
district, any officer thereof, and any other person holding any
other position of trust or employment under that board who is
guilty of the willful violation of any of the provisions of
this Section commits a business offense and shall be fined an
amount not exceeding $10,000 and shall forfeit the right to his
or her office, trust, or employment and be removed therefrom.
Any such member, officer, or person shall be liable for any sum
that he or she may cause to be unlawfully diverted from the
stormwater working cash fund or otherwise improperly used, to
be recovered by the corporate authorities of the sanitary
district or by any taxpayer in the name and for the benefit of
the board of commissioners in an appropriate civil action. A
taxpayer so suing shall file a bond for, and shall be liable
for, all costs taxed against the board of commissioners in the
suit. Nothing herein shall bar any other remedies.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2005