90th General Assembly
Summary of HB2716
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House Sponsors:
MAUTINO-BLACK-HOLBROOK.

Senate Sponsors:
SYVERSON

Short description: 
MUNI CD-SEWER CHARGES-LIENS                                                

Synopsis of Bill as introduced:
        Amends the Illinois  Municipal  Code  concerning  sewer  systems.      
   Deletes  the  provisions  providing  that delinquent sewer charges may      
   become junior liens upon the real property after notice to  the  owner      
   and  may  be  foreclosed  in  the same manner as delinquent mortgages.      
   Provides that delinquent sewer charges shall become a  lien  upon  the      
   real  property,  and  charges delinquent for 6 months or more shall be      
   certified annually to the proper tax office to enter upon the property      
   tax roll for lien enforcement.  Provides that a municipality may  also      
   discontinue  water  or  sewer  service  to  enforce  delinquent  sewer      
   charges.                                                                    
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          70 ILCS 3010/1                  from Ch. 42, par. 319.1              
          70 ILCS 3010/7                  from Ch. 42, par. 319.7              
        Amends the Sanitary District Revenue Bond  Act.   Makes  the  Act      
   applicable   to   the   North  Shore  Sanitary  District.   Authorizes      
   discontinuance of water service or sewerage service,  or  both,  to  a      
   premises within a sanitary district when payment of the rate or charge      
   for  sewerage  service  to the premises has become delinquent.  States      
   that  the   provider   of   sewerage   service   shall   not   request      
   discontinuation  of  water  service  before  sending  a  notice of the      
   delinquency to the sewer user and affording the user an opportunity to      
   be heard.  Provides that a sanitary district shall reimburse  a  water      
   service  provider for any lost water service revenues and the costs of      
   discontinuing water service and  shall  indemnify  the  water  service      
   provider  for  any judgment and related attorney's fees resulting from      
   an action based on  provisions  authorizing  discontinuance  of  water      
   service.                                                                    
          FISCAL NOTE (DCCA)                                                   
          HB 2716 will not have a fiscal impact on DCCA.                       
          STATE MANDATES ACT FISCAL NOTE                                       
          HB 2716 fails to create a State mandate.                             
          HOME RULE NOTE                                                       
          HB 2716 does not preempt home rule authority.                        
          JUDICIAL NOTE, H-AM 1                                                
          No decrease or increase in the need for the number of judges.        
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          No change from the previous mandates note.                           
          HOME RULE NOTE, H-AM 1                                               
          No change from previous home rule note.                              
        HOUSE AMENDMENT NO. 4.                                                 
        Replaces the amendatory changes to the  Illinois  Municipal  Code      
   with  provisions  that  authorize  a  municipality  providing sewerage      
   service to discontinue water service or sewerage service, or both,  to      
   a  premises when payment of the rate or charge for sewerage service to      
   the premises has become  delinquent.   States  that  the  provider  of      
   sewerage  service  shall  not request discontinuation of water service      
   before sending a notice of the  delinquency  to  the  sewer  user  and      
   affording  the  user  an  opportunity  to  be  heard.  Provides that a      
   municipality shall reimburse a water service  provider  for  any  lost      
   water  service  revenues  and the costs of discontinuing water service      
   and shall indemnify the water service provider for  any  judgment  and      
   related  attorney's  fees resulting from an action based on provisions      
   authorizing  discontinuance  of  water  service.   Provides   that   a      
   municipality  may  contract  with a privately owned public utility for      
   the discontinuation of water service to a  premises  with  respect  to      
   which  the payment of a rate or charge for sewerage service has become      
   delinquent.                                                                 
        HOUSE AMENDMENT NO. 5.                                                 
        Provides that in counties with a population of more than 250,000,      
   water or sewer service may not be discontinued to  enforce  delinquent      
   sewer charges.                                                              
        HOUSE AMENDMENT NO. 6.                                                 
        Provides that in counties with a population of more than  250,000      
   where  the majority of the municipal sewerage system users are located      
   outside of the municipality's corporate limits, the  municipality  may      
   not  discontinue  water  or  sewer service to enforce delinquent sewer      
   charges.                                                                    
          JUDICIAL NOTE, H-AM 6                                                
          No change from previous judicial note.                               
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   4     SENATE -   0


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