HB4708sam001 96TH GENERAL ASSEMBLY

Sen. Dan Cronin

Filed: 4/26/2010

09600HB4708sam001 LRB096 16008 RLJ 40646 a

AMENDMENT TO HOUSE BILL 4708

AMENDMENT NO. ______. Amend House Bill 4708 by replacing everything after the enacting clause with the following:

"Section 5. If and only if Senate Bill 580 of the 96th General Assembly becomes law, the Counties Code is amended by changing Sections 5-43000, 5-43005, and 5-43030 as follows:

(55 ILCS 5/5-43000)

Sec. 5-43000. Purpose and findings. It is the purpose of this Division 5-43 to merge and consolidate county water commissions located in whole or in part in DuPage County and created under the provisions of Division 135 of the Illinois Municipal Code or the Water Commission Act of 1985 and to transfer governance of those water commissions to the county board of the primary county encompassing the municipality and units of local government served by the county water commission.

The General Assembly finds that numerous economic challenges, unprecedented in scope and scale, confront the State. The General Assembly also finds that the State has a compelling interest in reducing the economic and administrative inefficiencies resulting from multiple units of local government conducting related public services. In response to the realities of the current economic times, in an effort to increase administrative efficiency, and in an effort to reduce the multiplicity of units of local government conducting related public services, this Division 5-43 is intended to (i) preserve the separate and distinct public service of a county water commission to assure the sufficient and economic provision of a water distribution service within those county-wide areas in need, (ii) assign, merge, and consolidate governance and legislative authority assigned to water commission boards to the county of primary location, and (iii) maintain the independent power of municipalities to provide for the retail distribution of water to their residents and customers of their municipal waterworks systems.

The changes made by this amendatory Act of the 96th General Assembly are intended to save costs by eliminating an unnecessary additional level of government, make the governance of the water distribution systems more responsive to the electors and water users, serve more equitably the municipalities receiving water, ensure the financial viability of the water distribution systems, spread the costs of the water distribution systems more equitably among the users, ensure proper financial and operational oversight, and ensure that government services are delivered in a transparent and responsible manner.

It is not the intent of this amendatory Act of the 96th General Assembly to change or permit the changing of any financial covenants or obligations of a water commission located in whole or in part in DuPage County and previously established under Division 135 of the Illinois Municipal Code or the Water Commission Act of 1985.

(Source: 09600SB0580eng.)

(55 ILCS 5/5-43005)

Sec. 5-43005. Consolidation and reassignment of authority. Each county that is the primary county served by a water commission located in whole or in part in DuPage County and previously formed under Division 135 of the Illinois Municipal Code or the Water Commission Act of 1985 is vested with all powers vested in such water commissions whose authority is abrogated under the provisions of this amendatory Act of the 96th General Assembly. On and after December 1, 2010, all powers vested in such water commissioners or water commissions with regard to the operation and maintenance of a county water distribution system shall be exercised by the county of primary service.

(Source: 09600SB0580eng.)

(55 ILCS 5/5-43030)

Sec. 5-43030. Water distribution and supply powers. On and after December 1, 2010, all governance powers previously delegated to a county water commission located in whole or in part in DuPage County and formed under Division 135 of the Illinois Municipal Code or the Water Commission Act of 1985 are assigned to, transferred to, modified for, and consolidated in the county board of the primary county served by the water commission. As a result, the county shall have all powers, functions, and taxing authority assigned to a water commission located in whole or in part in DuPage County and formed under Division 135 of the Illinois Municipal Code, as well as all other powers, functions, and taxing authority assigned to a water commission formed under the Water Commission Act of 1985, and counties to which such water commission powers and authorities have been reassigned may rely on Division 135 of the Illinois Municipal Code and the Water Commission Act of 1985, as a delegation of additional State authority to act.

A county served by a water commission where governance and legislative authority have been consolidated and transferred to the county under this amendatory Act of the 96th General Assembly, shall assume the assets, property, powers, rights, and monetary indebtedness of the predecessor consolidated water commission, including, but not limited to:

(1) Authority to maintain and continue to collect any property tax levy or sales tax lawfully approved by the predecessor consolidated water commission prior to the effective date of this amendatory Act of the 96th General Assembly.

(2) Authority to impose and receive those property taxes and occupation and use taxes authorized in Sections 2, 4, and 5 of the Water Commission Act of 1985.

(3) Authority to assume the succeeding interest in the Great Lakes water allocation assigned by the Illinois Department of Natural Resources to the predecessor consolidated water commission.

(4) Authority to exercise those powers delegated to water commissions under Division 135 of the Illinois Municipal Code or the Water Commission Act of 1985, within the territory authorized by those Acts, notwithstanding that some of the territory may lie outside of the county.

(Source: 09600SB0580eng.)

Section 10. If and only if Senate Bill 580 of the 96th General Assembly becomes law, the Illinois Municipal Code is amended by changing Sections 11-135-15 and 11-135-20 as follows:

(65 ILCS 5/11-135-15)

Sec. 11-135-15. Purpose. It is the purpose of this amendatory Act of the 96th General Assembly to abrogate the powers of water commissions located in whole or in part in DuPage County and created by this Act and to consolidate and reassign those powers to the respective primary counties that are served by those water commissions. The purposes and goals of this amendatory Act of the 96th General Assembly are further reflected and incorporated in Division 5-43 of the Counties Code.

(Source: 09600SB0580eng.)

(65 ILCS 5/11-135-20)

Sec. 11-135-20. Consolidation and abrogation of power.

Notwithstanding any provision of law to the contrary, the powers previously assigned to water commissions located in whole or in part in DuPage County and created under this Act and the Water Commission Act of 1985 are abrogated, reassigned, and consolidated to the primary county serviced by such water commission on December 10, 2010. The terms of abrogation, reassignment, and consolidation are as set forth in Division 5-43 of the Counties Code.

(Source: 09600SB0580eng.)

Section 15. If and only if Senate Bill 580 of the 96th General Assembly becomes law, the Water Commission Act of 1985 is amended by changing Sections 0.001 and 0.001a as follows:

(70 ILCS 3720/0.001)

Sec. 0.001. Purpose. It is the purpose of this amendatory Act of the 96th General Assembly to abrogate the powers of water commissions located in whole or in part in DuPage County and created by this Act and to consolidate and reassign those powers to the respective primary counties that are served by those water commissions. The purposes and goals of this amendatory Act of the 96th General Assembly are further reflected and incorporated in Division 5-43 of the Counties Code.

(Source: 09600SB0580eng.)

(70 ILCS 3720/0.001a)

Sec. 0.001a. Consolidation and abrogation of power.

Notwithstanding any provision of law to the contrary, the powers previously assigned to water commissions located in whole or in part in DuPage County and created under this Act and Division 135 of the Illinois Municipal Code are abrogated, reassigned, and consolidated to the primary county serviced by such water commission on December 10, 2010. The terms of abrogation, reassignment, and consolidation are as set forth in Division 5-43 of the Counties Code.

(Source: 09600SB0580eng.)

Section 99. Effective date. This Act takes effect upon becoming law.".