Sen. Dan Cronin
Filed: 4/26/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4708
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4708 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. If and only if Senate Bill 580 of the 96th | ||||||
5 | General Assembly becomes law, the Counties Code is amended by | ||||||
6 | changing Sections 5-43000, 5-43005, and 5-43030 as follows:
| ||||||
7 | (55 ILCS 5/5-43000) | ||||||
8 | Sec. 5-43000. Purpose and findings. It is the purpose of | ||||||
9 | this Division 5-43 to merge and consolidate county water | ||||||
10 | commissions located in whole or in part in DuPage County and | ||||||
11 | created under the provisions of Division 135 of the Illinois | ||||||
12 | Municipal Code or the Water Commission Act of 1985 and to | ||||||
13 | transfer governance of those water commissions to the county | ||||||
14 | board of the primary county encompassing the municipality and | ||||||
15 | units of local government served by the county water | ||||||
16 | commission. |
| |||||||
| |||||||
1 | The General Assembly finds that numerous economic | ||||||
2 | challenges, unprecedented in scope and scale, confront the | ||||||
3 | State. The General Assembly also finds that the State has a | ||||||
4 | compelling interest in reducing the economic and | ||||||
5 | administrative inefficiencies resulting from multiple units of | ||||||
6 | local government conducting related public services. In | ||||||
7 | response to the realities of the current economic times, in an | ||||||
8 | effort to increase administrative efficiency, and in an effort | ||||||
9 | to reduce the multiplicity of units of local government | ||||||
10 | conducting related public services, this Division 5-43 is | ||||||
11 | intended to (i) preserve the separate and distinct public | ||||||
12 | service of a county water commission to assure the sufficient | ||||||
13 | and economic provision of a water distribution service within | ||||||
14 | those county-wide areas in need, (ii) assign, merge, and | ||||||
15 | consolidate governance and legislative authority assigned to | ||||||
16 | water commission boards to the county of primary location, and | ||||||
17 | (iii) maintain the independent power of municipalities to | ||||||
18 | provide for the retail distribution of water to their residents | ||||||
19 | and customers of their municipal waterworks systems. | ||||||
20 | The changes made by this amendatory Act of the 96th General | ||||||
21 | Assembly are intended to save costs by eliminating an | ||||||
22 | unnecessary additional level of government, make the | ||||||
23 | governance of the water distribution systems more responsive to | ||||||
24 | the electors and water users, serve more equitably the | ||||||
25 | municipalities receiving water, ensure the financial viability | ||||||
26 | of the water distribution systems, spread the costs of the |
| |||||||
| |||||||
1 | water distribution systems more equitably among the users, | ||||||
2 | ensure proper financial and operational oversight, and ensure | ||||||
3 | that government services are delivered in a transparent and | ||||||
4 | responsible manner. | ||||||
5 | It is not the intent of this amendatory Act of the 96th | ||||||
6 | General Assembly to change or permit the changing of any | ||||||
7 | financial covenants or obligations of a water commission | ||||||
8 | located in whole or in part in DuPage County and previously | ||||||
9 | established under Division 135 of the Illinois Municipal Code | ||||||
10 | or the Water Commission Act of 1985.
| ||||||
11 | (Source: 09600SB0580eng.)
| ||||||
12 | (55 ILCS 5/5-43005) | ||||||
13 | Sec. 5-43005. Consolidation and reassignment of authority. | ||||||
14 | Each county that is the primary county served by a water | ||||||
15 | commission located in whole or in part in DuPage County and | ||||||
16 | previously formed under Division 135 of the Illinois Municipal | ||||||
17 | Code or the Water Commission Act of 1985 is vested with all | ||||||
18 | powers vested in such water commissions whose authority is | ||||||
19 | abrogated under the provisions of this amendatory Act of the | ||||||
20 | 96th General Assembly. On and after December 1, 2010, all | ||||||
21 | powers vested in such water commissioners or water commissions | ||||||
22 | with regard to the operation and maintenance of a county water | ||||||
23 | distribution system shall be exercised by the county of primary | ||||||
24 | service.
| ||||||
25 | (Source: 09600SB0580eng.) |
| |||||||
| |||||||
1 | (55 ILCS 5/5-43030) | ||||||
2 | Sec. 5-43030. Water distribution and supply powers. On and | ||||||
3 | after December 1, 2010, all governance powers previously | ||||||
4 | delegated to a county water commission located in whole or in | ||||||
5 | part in DuPage County and formed under Division 135 of the | ||||||
6 | Illinois Municipal Code or the Water Commission Act of 1985 are | ||||||
7 | assigned to, transferred to, modified for, and consolidated in | ||||||
8 | the county board of the primary county served by the water | ||||||
9 | commission. As a result, the county shall have all powers, | ||||||
10 | functions, and taxing authority assigned to a water commission | ||||||
11 | located in whole or in part in DuPage County and formed under | ||||||
12 | Division 135 of the Illinois Municipal Code, as well as all | ||||||
13 | other powers, functions, and taxing authority assigned to a | ||||||
14 | water commission formed under the Water Commission Act of 1985, | ||||||
15 | and counties to which such water commission powers and | ||||||
16 | authorities have been reassigned may rely on Division 135 of | ||||||
17 | the Illinois Municipal Code and the Water Commission Act of | ||||||
18 | 1985, as a delegation of additional State authority to act. | ||||||
19 | A county served by a water commission where governance and | ||||||
20 | legislative authority have been consolidated and transferred | ||||||
21 | to the county under this amendatory Act of the 96th General | ||||||
22 | Assembly, shall assume the assets, property, powers, rights, | ||||||
23 | and monetary indebtedness of the predecessor consolidated | ||||||
24 | water commission, including, but not limited to: | ||||||
25 | (1) Authority to maintain and continue to collect any |
| |||||||
| |||||||
1 | property tax levy or sales tax lawfully approved by the | ||||||
2 | predecessor consolidated water commission prior to the | ||||||
3 | effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly. | ||||||
5 | (2) Authority to impose and receive those property | ||||||
6 | taxes and occupation and use taxes authorized in Sections | ||||||
7 | 2, 4, and 5 of the Water Commission Act of 1985. | ||||||
8 | (3) Authority to assume the succeeding interest in the | ||||||
9 | Great Lakes water allocation assigned by the Illinois | ||||||
10 | Department of Natural Resources to the predecessor | ||||||
11 | consolidated water commission. | ||||||
12 | (4) Authority to exercise those powers delegated to | ||||||
13 | water commissions under Division 135 of the Illinois | ||||||
14 | Municipal Code or the Water Commission Act of 1985, within | ||||||
15 | the territory authorized by those Acts, notwithstanding | ||||||
16 | that some of the territory may lie outside of the county.
| ||||||
17 | (Source: 09600SB0580eng.) | ||||||
18 | Section 10. If and only if Senate Bill 580 of the 96th | ||||||
19 | General Assembly becomes law, the Illinois Municipal Code is | ||||||
20 | amended by changing Sections 11-135-15 and 11-135-20 as | ||||||
21 | follows:
| ||||||
22 | (65 ILCS 5/11-135-15) | ||||||
23 | Sec. 11-135-15. Purpose. It is the purpose of this | ||||||
24 | amendatory Act of the 96th General Assembly to abrogate the |
| |||||||
| |||||||
1 | powers of water commissions located in whole or in part in | ||||||
2 | DuPage County and created by this Act and to consolidate and | ||||||
3 | reassign those powers to the respective primary counties that | ||||||
4 | are served by those water commissions. The purposes and goals | ||||||
5 | of this amendatory Act of the 96th General Assembly are further | ||||||
6 | reflected and incorporated in Division 5-43 of the Counties | ||||||
7 | Code.
| ||||||
8 | (Source: 09600SB0580eng.)
| ||||||
9 | (65 ILCS 5/11-135-20) | ||||||
10 | Sec. 11-135-20. Consolidation and abrogation of power. | ||||||
11 | Notwithstanding any provision of law to the contrary, the | ||||||
12 | powers previously assigned to water commissions located in | ||||||
13 | whole or in part in DuPage County and created under this Act | ||||||
14 | and the Water Commission Act of 1985 are abrogated, reassigned, | ||||||
15 | and consolidated to the primary county serviced by such water | ||||||
16 | commission on December 10, 2010. The terms of abrogation, | ||||||
17 | reassignment, and consolidation are as set forth in Division | ||||||
18 | 5-43 of the Counties Code.
| ||||||
19 | (Source: 09600SB0580eng.) | ||||||
20 | Section 15. If and only if Senate Bill 580 of the 96th | ||||||
21 | General Assembly becomes law, the Water Commission Act of 1985 | ||||||
22 | is amended by changing Sections 0.001 and 0.001a as follows:
| ||||||
23 | (70 ILCS 3720/0.001) |
| |||||||
| |||||||
1 | Sec. 0.001. Purpose. It is the purpose of this amendatory | ||||||
2 | Act of the 96th General Assembly to abrogate the powers of | ||||||
3 | water commissions located in whole or in part in DuPage County | ||||||
4 | and created by this Act and to consolidate and reassign those | ||||||
5 | powers to the respective primary counties that are served by | ||||||
6 | those water commissions. The purposes and goals of this | ||||||
7 | amendatory Act of the 96th General Assembly are further | ||||||
8 | reflected and incorporated in Division 5-43 of the Counties | ||||||
9 | Code.
| ||||||
10 | (Source: 09600SB0580eng.)
| ||||||
11 | (70 ILCS 3720/0.001a) | ||||||
12 | Sec. 0.001a. Consolidation and abrogation of power. | ||||||
13 | Notwithstanding any provision of law to the contrary, the | ||||||
14 | powers previously assigned to water commissions located in | ||||||
15 | whole or in part in DuPage County and created under this Act | ||||||
16 | and Division 135 of the Illinois Municipal Code are abrogated, | ||||||
17 | reassigned, and consolidated to the primary county serviced by | ||||||
18 | such water commission on December 10, 2010. The terms of | ||||||
19 | abrogation, reassignment, and consolidation are as set forth in | ||||||
20 | Division 5-43 of the Counties Code.
| ||||||
21 | (Source: 09600SB0580eng.) | ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
|