Public Act 095-0125
HB0679 Enrolled LRB095 04913 HLH 24979 b

    AN ACT concerning local government.
    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 changing Sections 5.2 and 9.6a as follows:
    (70 ILCS 2605/5.2)  (from Ch. 42, par. 324L)
    Sec. 5.2. Where used in this law, "budget year" shall mean
the fiscal year for which a budget is made. "Current year"
shall mean the fiscal year in progress, i.e., the fiscal year
next preceding the budget year. "Preceding year" shall mean the
fiscal year preceding the current year.
    The "Clerk" shall mean that officer so designated as
provided in Section 4.
    "Fund" shall mean a sum of money or other resources set
aside for the purpose of carrying on specific activities or
attaining certain objectives in accordance with special
regulations, restrictions, or limitations. A fund shall be a
distinct financial or fiscal entity.
    "Accountant" shall mean a public accountant or certified
public accountant licensed under the laws of this State.
    "Expenditure" shall mean the amount of obligations
incurred either paid or to be paid from the appropriations for
the budget year for all purposes, including current expenses,
retirement of debt, and capital outlays.
    "Disbursement" shall mean the actual payment in cash for
any purpose.
    "Receipt" shall mean cash actually received and shall
include appropriable cash on hand at the beginning of any
specified year.
    "Estimated receipt" shall mean cash estimated to be
received within the budget year and shall include the cash
surplus estimated to be appropriable at the beginning of the
budget year.
    "Cash basis" shall mean that system of accounting wherein
revenues are accounted for when received in cash and
expenditures are accounted for when paid.
    "Accrual basis" shall mean that system of accounting
wherein revenues are accounted for when earned or due, even
though not collected, and expenditures are accounted for as
soon as liabilities are incurred, whether paid or not.
    "Function" (activity) of expenditure shall mean the
particular purpose or group of services aimed at accomplishing
a certain end for which an expenditure is made.
    "Line Item" or item shall mean a particular type of
expenditure within a class or related group of such
expenditures, i. e., testing service, hospital service, towel
and laundry service, within the class titled "Impersonal
    "Object" of expenditure shall mean specific articles, or
classes of things for which an expenditure is made, i. e.,
personal services, impersonal services, materials and
supplies, machinery and equipment, fixed charges and any such
other classes of articles or things as may be desirable.
    "Character" of expenditure shall refer to the relationship
of total expenditures to current, prior, and future fiscal
periods, i. e., whether the expenditure is a current expense,
provision for the retirement of debt, or a capital outlay.
    "Organization units" shall be the administrative units of
the district, i. e., departments, major sewage treatment
plants, and such other operating units or groups of operating
units as may be deemed desirable by the authorities of the
Sanitary District.
    The "committee on finance" shall be any committee so
appointed and so designated by the board of commissioners for
the purpose of considering financial matters affecting the
    "Sinking Fund Requirements" shall mean the amounts that
will be needed to pay interest on and principal of bonds.
    "Construction Fund" shall mean the amounts to be used for
paying the costs incurred for construction purposes.
    "Construction Purposes" shall mean the replacement,
remodeling, completion, alteration, construction, and
enlargement, including alterations, enlargements and
replacements which will add appreciably to the value, utility,
or the useful life of sewage treatment works or flood control
facilities or water quality improvement projects, and
additions therefor, pumping stations, tunnels, conduits and
intercepting sewers connecting therewith, and outlet sewers
together with the equipment and appurtenances necessary
thereto, and for the acquisition of the sites and rights of way
necessary thereto, and for engineering expenses for designing
and supervising the construction of the works above described,
and for removal of the rock ledge in the bed of the Des Plaines
River (Illinois Waterway) through the City of Joliet.
    Prior to the commencing of work involved in the removal of
the rock ledge in the bed of the Des Plaines River formal
approval shall be obtained for the design and plans for
accomplishing this work from the Corps of Engineers, U. S.
Army, and the State of Illinois Department of Natural
    The Metropolitan Sanitary District of Greater Chicago, its
agents, successors or assigns shall save the State of Illinois
harmless from any and all claims of whatever nature which may
arise as a result of or in consequence of any work which may be
performed by the District.
    The rights, powers, and authorities granted in this Act
shall be subject to the provisions of Section 18 of the Rivers,
Lakes, and Streams Act.
    It is the intent and purpose of this Act to provide a legal
basis which will authorize and require all Sanitary Districts
organized under the provisions hereof to make and execute the
budgets of their Corporate Funds and Construction Funds in such
manner that the budgets may be planned and balanced with
receipts on an actual cash basis and expenditures on an accrual
basis, and all definitions, terms, provisions and procedures
set forth in this Act shall be thus construed as applied to
corporate funds and construction funds.
(Source: P.A. 89-445, eff. 2-7-96.)
    (70 ILCS 2605/9.6a)  (from Ch. 42, par. 328.6a)
    Sec. 9.6a. The corporate authorities of a sanitary
district, in order to provide funds required for the replacing,
remodeling, completing, altering, constructing and enlarging
of sewage treatment works, water quality improvement projects,
or flood control facilities, and additions therefor, pumping
stations, tunnels, conduits, intercepting sewers and outlet
sewers, together with the equipment, including air pollution
equipment, and appurtenances thereto, to acquire property,
real, personal or mixed, necessary for said purposes, for costs
and expenses for the acquisition of the sites and rights-of-way
necessary thereto, and for engineering expenses for designing
and supervising the construction of such works, may issue on or
before December 31, 2016, in addition to all other obligations
heretofore or herein authorized, bonds, notes or other
evidences of indebtedness for such purposes in an aggregate
amount at any one time outstanding not to exceed 3.35% of the
equalized assessed valuation of all taxable property within the
sanitary district, to be ascertained by the last assessment for
State and local taxes previous to the issuance of any such
obligations. Such obligations shall be issued without
submitting the question of such issuance to the legal voters of
such sanitary district for approval.
    The corporate authorities may sell such obligations at
private or public sale and enter into any contract or agreement
necessary, appropriate or incidental to the exercise of the
powers granted by this Act, including, without limitation,
contracts or agreements for the sale and purchase of such
obligations and the payment of costs and expenses incident
thereto. The corporate authorities may pay such costs and
expenses, in whole or in part, from the corporate fund.
    Such obligations shall be issued from time to time only in
amounts as may be required for such purposes but the amount of
such obligations issued during any one budget year shall not
exceed $150,000,000 plus the amount of any obligations
authorized by this Act to be issued during the 3 budget years
next preceding the year of issuance but which were not issued,
provided, however, that this limitation shall not be applicable
to the issuance of obligations to refund bonds, notes or other
evidences of indebtedness, nor to obligations issued to provide
for the repayment of money received from the Water Pollution
Control Revolving Fund for the construction or repair of
wastewater treatment works. Each ordinance authorizing the
issuance of the obligations shall state the general purpose or
purposes for which they are to be issued, and the corporate
authorities may at any time thereafter pass supplemental
appropriations ordinances appropriating the proceeds from the
sale of such obligations for such purposes.
    The corporate authorities may issue bonds, notes or other
evidences of indebtedness in an amount necessary to provide
funds to refund outstanding obligations issued pursuant to this
Section, including interest accrued or to accrue thereon.
(Source: P.A. 92-726, eff. 7-25-02; 93-279, eff. 7-22-03.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007