Rep. Randy Ramey, Jr.
Filed: 3/23/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5552
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5552 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Counties Code is amended by changing | ||||||
5 | Sections 5-1012 and 5-1024 and by adding the heading of Div. | ||||||
6 | 5-43 and Sections 5-43000, 5-43005, 5-43010, 5-43015, 5-43020, | ||||||
7 | 5-43025, 5-43030, 5-43035, and 5-43040 as follows:
| ||||||
8 | (55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
| ||||||
9 | Sec. 5-1012. Issuance of county bonds. When the county | ||||||
10 | board of any
county deems it necessary to issue county bonds to | ||||||
11 | enable them to perform
any of the duties imposed upon them by | ||||||
12 | law, they may, by an order, entered
of record, specifying the | ||||||
13 | amount of bonds required, and the object for
which they are to | ||||||
14 | be issued, submit to the legal voters of their county, at
any | ||||||
15 | election, the question of issuing such county bonds. The county | ||||||
16 | board
shall certify the question to the proper election |
| |||||||
| |||||||
1 | officials who shall
submit the question at an election in | ||||||
2 | accordance with the general election
law. The amount of the | ||||||
3 | bonds so issued shall not exceed, including the then
existing | ||||||
4 | indebtedness of the county, 5.75% of the value of such
taxable
| ||||||
5 | property of such county, as ascertained by the assessment for | ||||||
6 | the State and
county tax for the preceding year or, until | ||||||
7 | January 1, 1983, if greater,
the sum that is produced by | ||||||
8 | multiplying the county's 1978 equalized
assessed valuation by | ||||||
9 | the debt limitation percentage in effect on January
1, 1979. | ||||||
10 | For the purposes of calculating the rate limitation, the amount | ||||||
11 | of any bonds or indebtedness transferred to a county under the | ||||||
12 | Water Commission Act of 1985 pursuant to this amendatory Act of | ||||||
13 | the 96th General Assembly shall be excluded. The proposition | ||||||
14 | shall be in substantially the following form: "For
county | ||||||
15 | bonds", or "Against county bonds", and if a majority of the | ||||||
16 | votes on
that question shall be "For county bonds", such county | ||||||
17 | board may issue such
bonds in such denominations as the county | ||||||
18 | board may determine of not less
than $25 each, payable | ||||||
19 | respectively, in not less than one, nor more than 20
years, | ||||||
20 | with interest payable annually or semi-annually, at the rate of | ||||||
21 | not
more than the greater of (i) the maximum rate authorized by | ||||||
22 | the Bond
Authorization Act, as amended at the time of the | ||||||
23 | making of the contract, or
(ii) 8% per annum. This Section | ||||||
24 | shall not require submission to the voters
of the county of | ||||||
25 | bond issues authorized to be issued without such
submission to | ||||||
26 | the voters under Section 5-1027 or 5-1062 or under Division |
| |||||||
| |||||||
1 | 5-33,
6-6, 6-8 or 6-27 of this Code.
| ||||||
2 | With respect to instruments for the payment of money issued | ||||||
3 | under this
Section or its predecessor either before, on, or | ||||||
4 | after the effective date
of Public Act 86-4, it is and always | ||||||
5 | has been the intention of the General
Assembly (i) that the | ||||||
6 | Omnibus Bond Acts are and always have been
supplementary grants | ||||||
7 | of power to issue instruments in accordance with the
Omnibus | ||||||
8 | Bond Acts, regardless of any provision of this Act or "An Act | ||||||
9 | to
revise the law in relation to counties", approved March 31, | ||||||
10 | 1874, that may
appear to be or to have been more restrictive | ||||||
11 | than those Acts, (ii) that
the provisions of this Section or | ||||||
12 | its predecessor are not a limitation on
the supplementary | ||||||
13 | authority granted by the Omnibus Bond Acts, and (iii)
that | ||||||
14 | instruments issued under this Section or its predecessor within | ||||||
15 | the
supplementary authority granted by the Omnibus Bond Acts | ||||||
16 | are not invalid
because of any provision of this Act or "An Act | ||||||
17 | to revise the law in
relation to counties", approved March 31, | ||||||
18 | 1874, that may appear to be or to
have been more restrictive | ||||||
19 | than those Acts.
| ||||||
20 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
21 | (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
| ||||||
22 | Sec. 5-1024. Taxes. A county board may cause to be levied | ||||||
23 | and
collected annually, except as hereinafter provided, taxes | ||||||
24 | for county
purposes, including all purposes for which money may | ||||||
25 | be raised by the
county by taxation, in counties having 80,000 |
| |||||||
| |||||||
1 | or more but less than
3,000,000 inhabitants at a rate not | ||||||
2 | exceeding .25%, of the value as
equalized or assessed by the | ||||||
3 | Department of Revenue; in counties with less
than 80,000 but | ||||||
4 | more than 15,000 inhabitants at a rate not exceeding .27%,
of | ||||||
5 | the value as equalized or assessed by the Department of | ||||||
6 | Revenue; in
counties with less than 80,000 inhabitants which | ||||||
7 | have authorized a tax by
referendum under Section 7-2 of the | ||||||
8 | Juvenile Court Act prior to the
effective date of this | ||||||
9 | amendatory Act of 1985, at a rate not exceeding
.32%, of the | ||||||
10 | value as equalized or assessed by the Department of Revenue;
| ||||||
11 | and in counties with 15,000 or fewer inhabitants at a rate not | ||||||
12 | exceeding
.37%, of the value as equalized or assessed by the | ||||||
13 | Department of Revenue;
and in counties having 3,000,000 or more | ||||||
14 | inhabitants for each even numbered
year, subject to the | ||||||
15 | abatement requirements hereinafter provided, at a rate
not | ||||||
16 | exceeding .39% of the value, as equalized or assessed by the | ||||||
17 | Department
of Revenue, and for each odd numbered year, subject | ||||||
18 | to the abatement
requirements hereinafter provided, at a rate | ||||||
19 | not exceeding .35% of the
value as equalized or assessed by the | ||||||
20 | Department of Revenue, except taxes
for the payment of interest | ||||||
21 | on and principal of bonded indebtedness
heretofore duly | ||||||
22 | authorized for the
construction of State aid roads in the
| ||||||
23 | county as defined in "An Act to revise the law in relation to | ||||||
24 | roads and
bridges", approved June 27, 1913, or for the | ||||||
25 | construction of
county highways as defined in the Illinois | ||||||
26 | Highway Code, and except taxes
for the payment of
interest on |
| |||||||
| |||||||
1 | and principal of bonded indebtedness duly authorized without a
| ||||||
2 | vote of the people of the county, and except taxes authorized | ||||||
3 | as additional
by a vote of the people of the county, and except | ||||||
4 | taxes for working cash
fund purposes, and except taxes as | ||||||
5 | authorized by Sections 5-601, 5-602,
5-603, 5-604 and 6-512 of | ||||||
6 | the Illinois Highway Code, and except taxes
authorized under | ||||||
7 | Section 7 of the Village
Library Act, and except
taxes levied | ||||||
8 | to pay the annual rent payments due under a lease entered into
| ||||||
9 | by the county with a Public Building Commission as authorized | ||||||
10 | by Section 18
of the Public Building Commission Act, and except | ||||||
11 | taxes levied under
Division 6-3, and
except taxes levied for | ||||||
12 | general assistance for needy persons in counties
under | ||||||
13 | commission form of government and except taxes levied under the
| ||||||
14 | County Care for Persons with Developmental Disabilities Act, | ||||||
15 | and except taxes levied
under the Community Mental Health Act, | ||||||
16 | and except taxes levied under
Section 5-1025 to pay the | ||||||
17 | expenses of elections and except taxes levied
under "An Act to | ||||||
18 | provide the manner of levying or
imposing taxes for the
| ||||||
19 | provision of special services to areas within the boundaries of | ||||||
20 | home rule
units and non-home rule municipalities and counties", | ||||||
21 | approved September
21, 1973, and except taxes levied under | ||||||
22 | Section 3a of the Revenue Act of
1939 for the purposes of | ||||||
23 | helping to pay for the expenses of the assessor's
office, and | ||||||
24 | except taxes levied under Division 5-21,
and except taxes
| ||||||
25 | levied pursuant to Section 19 of "The Illinois Emergency
| ||||||
26 | Services and Disaster Agency Act of 1975", as now or hereafter |
| |||||||
| |||||||
1 | amended,
and except taxes levied pursuant to Division 5-23, and | ||||||
2 | except taxes levied
under Section 5 of
the County
Shelter Care | ||||||
3 | and Detention Home Act, and
except taxes levied under the | ||||||
4 | Children's Advocacy Center Act, and except
taxes levied under | ||||||
5 | Section 9-107 of the Local Governmental and Governmental
| ||||||
6 | Employees Tort Immunity Act , and except taxes levied under | ||||||
7 | Section 2 of the Water Commission Act of 1985 .
| ||||||
8 | Those taxes a county has levied and excepted from the rate | ||||||
9 | limitation
imposed by this Section or Section 25.05 of "An Act | ||||||
10 | to revise the law in
relation to counties", approved March 31, | ||||||
11 | 1874, in reliance on this amendatory
Act of 1994 are not | ||||||
12 | invalid because of any provision of this Section
that may be | ||||||
13 | construed to or may have been construed to restrict or limit | ||||||
14 | those
taxes
levied and those taxes are hereby validated.
This | ||||||
15 | validation of taxes levied applies to all cases pending on or | ||||||
16 | after the
effective
date of this amendatory Act of 1994.
| ||||||
17 | Nothing contained in this amendatory Act of 1994 shall be | ||||||
18 | construed to
affect the application of the Property Tax | ||||||
19 | Extension Limitation Law.
| ||||||
20 | Any tax levied for general assistance for needy persons in | ||||||
21 | any county in
addition to and in excess of the maximum levy | ||||||
22 | permitted by this Section
for general county purposes shall be | ||||||
23 | paid into a special fund in the
county treasury and used only | ||||||
24 | for the purposes for which it is levied
except that any excess | ||||||
25 | in such fund over the amount needed for general
assistance may | ||||||
26 | be used for County Nursing Home purposes and shall not
exceed |
| |||||||
| |||||||
1 | .10% of the value, as equalized or assessed by the Department | ||||||
2 | of
Revenue. Any taxes levied for general assistance pursuant to | ||||||
3 | this Section
may also be used for the payment of warrants | ||||||
4 | issued against and in
anticipation of such taxes and accrued | ||||||
5 | interest thereon and may also be
used for the payment of costs | ||||||
6 | of administering such general assistance.
| ||||||
7 | In counties having 3,000,000 or more inhabitants, taxes | ||||||
8 | levied for
any year for any purpose or purposes, except amounts | ||||||
9 | levied for the
payment of bonded indebtedness or interest | ||||||
10 | thereon and for pension fund
purpose, and except taxes levied | ||||||
11 | to pay the annual rent payments due
under a lease entered into | ||||||
12 | by the county with a Public Building
Commission as authorized | ||||||
13 | by Section 18 of the Public Building
Commission Act, are | ||||||
14 | subject to the
limitation that they shall not exceed the | ||||||
15 | estimated amount of taxes to
be levied for the year for the | ||||||
16 | purpose or
purposes as determined in
accordance with Section | ||||||
17 | 6-24001 and set forth in the annual
appropriation bill of the | ||||||
18 | county and in ascertaining the rate per cent
that will produce | ||||||
19 | the amount of any tax levied in any county, the
county clerk | ||||||
20 | shall not add to the tax or rate any sum or amount to
cover the | ||||||
21 | loss and cost of collecting the tax, except in the case of
| ||||||
22 | amounts levied for the payment of bonded indebtedness or | ||||||
23 | interest
thereon, and in the case of amounts levied for pension | ||||||
24 | fund purposes,
and except taxes levied to pay the annual rent | ||||||
25 | payments due under a
lease entered into by the county with a | ||||||
26 | Public Building Commission as
authorized by Section 18 of the |
| |||||||
| |||||||
1 | Public Building Commission Act.
| ||||||
2 | In counties having a population of 3,000,000 or more | ||||||
3 | inhabitants, the
county clerk shall in each even numbered year, | ||||||
4 | before extending the
county tax for the year, reduce the levy | ||||||
5 | for county purposes
for the
year (exclusive of levies for | ||||||
6 | payment of indebtedness and payment of
interest on and | ||||||
7 | principal of bonded indebtedness as aforesaid, and
exclusive of | ||||||
8 | county highway taxes as aforesaid, and exclusive of pension
| ||||||
9 | fund taxes, and except taxes levied to pay the annual rent | ||||||
10 | payments due
under a lease entered into by the county with a | ||||||
11 | Public Building
Commission as authorized by Section 18 of the | ||||||
12 | Public Building
Commission Act) in the manner described
and in | ||||||
13 | an amount to be determined as follows: If the amount received
| ||||||
14 | from the collection of the tax levied in the last preceding | ||||||
15 | even
numbered year for county purposes as aforesaid, as shown | ||||||
16 | by the county
treasurer's final settlement for the last | ||||||
17 | preceding even numbered year
and also by subsequent receipts of | ||||||
18 | delinquent taxes for the county
purposes fund levied for the | ||||||
19 | last preceding even numbered year, equals
or exceeds the amount | ||||||
20 | produced by multiplying the rate extended for the
county | ||||||
21 | purposes for the last preceding even numbered year by the total
| ||||||
22 | assessed valuation of all property in the county used in the | ||||||
23 | year for
purposes of state and county taxes, and by deducting | ||||||
24 | therefrom the
amount appropriated to cover the loss and cost of | ||||||
25 | collecting taxes to be
levied for the county purposes fund for | ||||||
26 | the last preceding even
numbered year, the clerk in determining |
| |||||||
| |||||||
1 | the rate per cent to be extended
for the county purposes fund | ||||||
2 | shall deduct from the amount of the levy
certified to him for | ||||||
3 | county purposes as aforesaid for even numbered
years the amount | ||||||
4 | received by the county clerk or withheld by the county
| ||||||
5 | treasurer from other municipal corporations within the county | ||||||
6 | as their
pro rata share of election expenses for the last | ||||||
7 | preceding even numbered
year, as authorized in Sections 13-11, | ||||||
8 | 13-12, 13-13 and 16-2 of the
Election Code, and
the clerk in | ||||||
9 | these counties shall extend only the net amount remaining
after | ||||||
10 | such deductions.
| ||||||
11 | The foregoing limitations upon tax rates, insofar as they | ||||||
12 | are
applicable to counties having less than 3,000,000 | ||||||
13 | inhabitants, may be
increased or decreased under the referendum | ||||||
14 | provisions of the General
Revenue Law of Illinois and there | ||||||
15 | shall be no limit on the rate of
tax for county purposes that | ||||||
16 | may be levied by a county
so long as any increase in the rate is | ||||||
17 | authorized by
referendum in that county.
| ||||||
18 | Any county having a population of less than 3,000,000 | ||||||
19 | inhabitants
that has determined to change its fiscal year may, | ||||||
20 | as a means of
effectuating a change, instead of levying taxes | ||||||
21 | for a one-year
period, levy taxes for a period greater or less | ||||||
22 | than a year as may be
necessary.
| ||||||
23 | In counties having less than 3,000,000 inhabitants, in | ||||||
24 | ascertaining
the rate per cent that will produce the amount of | ||||||
25 | any tax levied in that
county, the County Clerk shall not add | ||||||
26 | to the tax or rate any sum
or amount to cover the loss and cost |
| |||||||
| |||||||
1 | of collecting the tax except in the
case of amounts levied for | ||||||
2 | the payment of bonded indebtedness or
interest thereon and in | ||||||
3 | the case of amounts levied for pension fund
purposes and except | ||||||
4 | taxes levied to pay the annual rent payments due
under a lease | ||||||
5 | entered into by the county with a Public Building
Commission as | ||||||
6 | authorized by Section 18 of the Public Building
Commission Act.
| ||||||
7 | A county shall not have its maximum tax rate reduced as a | ||||||
8 | result of a
population increase indicated by the 1980 federal | ||||||
9 | census.
| ||||||
10 | (Source: P.A. 91-51, eff. 6-30-99.)
| ||||||
11 | (55 ILCS 5/Div. 5-43 heading new) | ||||||
12 | Division 5-43. Water Supply Powers | ||||||
13 | (55 ILCS 5/5-43000 new) | ||||||
14 | Sec. 5-43000. Water supply powers. A county shall have and | ||||||
15 | exercise all powers, functions, and duties of a water | ||||||
16 | commission created pursuant to Division 135 of the Illinois | ||||||
17 | Municipal Code, and the county may rely on that Division, as | ||||||
18 | modified and supplemented by the provisions of this Act, as | ||||||
19 | lawful authority under which it may act. A county served by a | ||||||
20 | water commission that is abolished by this amendatory Act of | ||||||
21 | the 96th General Assembly shall assume the assets, property, | ||||||
22 | powers, rights, and monetary indebtedness duties of the | ||||||
23 | abolished commission, including the right to impose and receive | ||||||
24 | taxes previously approved pursuant to Sections 2, 4, and 5 of |
| |||||||
| |||||||
1 | the Water Commission Act of 1985 and all interest in Great | ||||||
2 | Lakes water allocated to the abolished commission by the | ||||||
3 | Illinois Department of Natural Resources and may exercise those | ||||||
4 | powers within the territory of the abolished commission | ||||||
5 | notwithstanding that some of the territory may lie outside the | ||||||
6 | county. | ||||||
7 | (55 ILCS 5/5-43005 new) | ||||||
8 | Sec. 5-43005. Water Operations and Planning Committee. A | ||||||
9 | county exercising powers under this amendatory Act of the 96th | ||||||
10 | General Assembly shall, by ordinance, establish a Water | ||||||
11 | Operations and Planning Committee. The Water Operations and | ||||||
12 | Planning Committee shall consist of equal numbers of county | ||||||
13 | board members and municipal representatives from each county | ||||||
14 | board district and any other members as may be determined by | ||||||
15 | the county and municipal members. | ||||||
16 | The county board members shall be appointed as provided by | ||||||
17 | the rules of the county board. Municipal members from each | ||||||
18 | county board district or other represented area shall be | ||||||
19 | appointed by a majority vote of the mayors of those | ||||||
20 | municipalities that have the greatest percentage of their | ||||||
21 | respective populations residing in the county board district or | ||||||
22 | other represented area. All municipal and county board | ||||||
23 | representatives shall be entitled to a vote. No committee | ||||||
24 | member shall receive a salary or compensation for service other | ||||||
25 | than as provided by rule of the county board. Officers of the |
| |||||||
| |||||||
1 | committee shall include a chair to be selected by the | ||||||
2 | chairperson of the county board and a vice-chair to be selected | ||||||
3 | by the municipal representatives. The county clerk and | ||||||
4 | treasurer shall perform their respective functions as for other | ||||||
5 | county committees and departments. | ||||||
6 | The principal duties of the Water Operations and Planning | ||||||
7 | Committee shall be to provide recommendations related to the | ||||||
8 | exercise of the county's powers under this Division 5-43. The | ||||||
9 | Water Operations and Planning Committee shall have no duties | ||||||
10 | related to a county's public works water system. | ||||||
11 | (55 ILCS 5/5-43010 new) | ||||||
12 | Sec. 5-43010. Annual audit. The county auditor shall | ||||||
13 | annually audit the county's accounts related to the exercise of | ||||||
14 | county water supply powers and shall post the annual audit on | ||||||
15 | the county's official Internet website. | ||||||
16 | (55 ILCS 5/5-43015 new) | ||||||
17 | Sec. 5-43015. Taxes. Beginning on December 1, 2010, the | ||||||
18 | county board of a county serviced by an abolished water | ||||||
19 | commission under this amendatory Act of the 96th General | ||||||
20 | Assembly may, by ordinance, impose throughout the territory of | ||||||
21 | the abolished commission, including those areas served that are | ||||||
22 | located outside of the county, any or all of the taxes provided | ||||||
23 | in Sections 2 and 4 of the Water Commission Act of 1985. The | ||||||
24 | revenues collected from these taxes shall be held in a water |
| |||||||
| |||||||
1 | enterprise fund and shall be expended by the county board | ||||||
2 | solely to repay the debts, obligations, and operating expenses | ||||||
3 | incurred by an abolished water commission. | ||||||
4 | (55 ILCS 5/5-43020 new) | ||||||
5 | Sec. 5-43020. Water enterprise fund. On December 1, 2010, | ||||||
6 | the county shall establish a water enterprise fund. All moneys | ||||||
7 | transferred to the county under this amendatory Act of the 96th | ||||||
8 | General Assembly shall, for accounting purposes, be stated | ||||||
9 | separately in the water enterprise fund, which may include | ||||||
10 | sub-funds for bond repayment and any other purposes as deemed | ||||||
11 | useful for management purposes. Any surplus remaining after | ||||||
12 | full payment of indebtedness for which a separate tax has been | ||||||
13 | levied shall not be transferred to the common fund as provided | ||||||
14 | in Section 5-1011, but shall remain in the water enterprise | ||||||
15 | fund. If the county has an existing water fund, the moneys from | ||||||
16 | the abolished commission shall be kept as a separate fund in | ||||||
17 | the county treasury. | ||||||
18 | (55 ILCS 5/5-43025 new) | ||||||
19 | Sec. 5-43025. Water service for unincorporated areas. The | ||||||
20 | county may require as a condition of a new or existing water | ||||||
21 | supply contract that a municipality provide water to | ||||||
22 | unincorporated areas of the county that adjoin that | ||||||
23 | municipality, without annexation of those areas, in accordance | ||||||
24 | with the terms of this Section. Before imposing the |
| |||||||
| |||||||
1 | requirement, the county shall find that the area to be served | ||||||
2 | received well water that is tainted, contaminated, or otherwise | ||||||
3 | substandard or the general safety of the area is compromised. | ||||||
4 | (55 ILCS 5/5-43030 new) | ||||||
5 | Sec. 5-43030. Water rate guarantee. The county shall charge | ||||||
6 | its customers a rate that is equal to or reasonably exceeds its | ||||||
7 | bulk water purchase rate to pay for the reasonable costs of | ||||||
8 | operation, including debt obligations, of its water supply | ||||||
9 | system. The rate charged by the county shall increase in an | ||||||
10 | amount equal to any increase charged to the county for the | ||||||
11 | purchase of bulk water, and such increased charge shall | ||||||
12 | automatically become effective without county action no later | ||||||
13 | than one month after the purchase rate increase takes effect. | ||||||
14 | Under no circumstances may the county charge a rate less than | ||||||
15 | the rate of the bulk water purchased by the county. If the rate | ||||||
16 | in effect on December 1, 2010 is less than the bulk purchase | ||||||
17 | rate, then the rate shall be immediately adjusted as set forth | ||||||
18 | in this Section. | ||||||
19 | (55 ILCS 5/5-43035 new) | ||||||
20 | Sec. 5-43035. Preparation and transition costs. All | ||||||
21 | reasonable costs incurred by a county in preparation for the | ||||||
22 | assumption of the functions of an abolished water commission | ||||||
23 | and in transition to the exercise of the powers and duties | ||||||
24 | provided in this Division 5-43 shall be paid by or reimbursed |
| |||||||
| |||||||
1 | from the assets and revenue of the abolished commission, and | ||||||
2 | shall be deemed proper costs attributable to water supply | ||||||
3 | purposes. | ||||||
4 | (55 ILCS 5/5-43040 new) | ||||||
5 | Sec. 5-43040. Home rule. A home rule unit may not regulate | ||||||
6 | its water systems in a manner that is inconsistent with the | ||||||
7 | provisions of this amendatory Act of the 96th General Assembly. | ||||||
8 | This Section is a limitation under subsection (i) of Section 6 | ||||||
9 | of Article VII of the Illinois Constitution on the concurrent | ||||||
10 | exercise by home rule units of powers and functions exercised | ||||||
11 | by the State. | ||||||
12 | Section 10. The Water Commission Act of 1985 is amended by | ||||||
13 | adding Sections 0.001, 0.001a, 0.001b, 0.001c, 0.001d, 0.001e, | ||||||
14 | and 0.001f as follows: | ||||||
15 | (70 ILCS 3720/0.001 new) | ||||||
16 | Sec. 0.001. Purpose and findings. It is the purpose of this | ||||||
17 | amendatory Act of the 96th General Assembly to abolish the | ||||||
18 | water commissions created by this Act and to transfer to the | ||||||
19 | respective counties that are served by the water commissions | ||||||
20 | the assets, property, rights, powers, monetary indebtedness | ||||||
21 | duties, and functions of the commissions. | ||||||
22 | The General Assembly finds and declares that it is | ||||||
23 | necessary and in the best interest of the people of the State |
| |||||||
| |||||||
1 | and the persons served by these commissions to change the | ||||||
2 | governance of the water systems created and functioning under | ||||||
3 | this Act. The changes made by this amendatory Act of the 96th | ||||||
4 | General Assembly are intended to save costs by eliminating an | ||||||
5 | unnecessary additional level of government, make the | ||||||
6 | governance of the water systems more responsive to the electors | ||||||
7 | and water users, serve more equitably the municipalities | ||||||
8 | receiving water, ensure the financial viability of the water | ||||||
9 | systems, spread the costs of the water systems more equitably | ||||||
10 | among the users, ensure proper financial and operational | ||||||
11 | oversight, and ensure that government services are delivered in | ||||||
12 | a transparent and responsible manner. | ||||||
13 | It is the intent of this amendatory Act of the 96th General | ||||||
14 | Assembly to permit the changing of any obligations of a water | ||||||
15 | commission established under this Act to supply water, | ||||||
16 | including the rate charged for supplying water and other | ||||||
17 | matters related to a water commission's supply obligations. It | ||||||
18 | is not the intent of this amendatory Act of the 96th General | ||||||
19 | Assembly to change or permit the changing of any financial | ||||||
20 | covenants or obligations of a water commission established | ||||||
21 | under this Act to supply water.
| ||||||
22 | (70 ILCS 3720/0.001a new) | ||||||
23 | Sec. 0.001a. Districts abolished. Notwithstanding any | ||||||
24 | provision of law to the contrary, any water commission | ||||||
25 | established under this Act is abolished on December 1, 2010. |
| |||||||
| |||||||
1 | (70 ILCS 3720/0.001b new) | ||||||
2 | Sec. 0.001b. Assumption of powers, rights, and monetary | ||||||
3 | indebtedness; tax rate limitation. On December 1, 2010, the | ||||||
4 | county in which the abolished commission has operated, shall | ||||||
5 | assume all powers, rights, and monetary indebtedness duties of | ||||||
6 | the abolished commission including without limitation the | ||||||
7 | following: (i) the right to impose and receive taxes previously | ||||||
8 | approved pursuant to Sections 2, 4, and 5 of this Act and (ii) | ||||||
9 | all interest in Great Lakes water allocated to the abolished | ||||||
10 | commission by the Illinois Department of Natural Resources. No | ||||||
11 | contract, except those evidencing monetary indebtedness, | ||||||
12 | entered into by the abolished commission shall remain in effect | ||||||
13 | unless re-affirmed or re-negotiated by the county. The | ||||||
14 | assumption of the monetary indebtedness of a water commission | ||||||
15 | as provided for in this Section shall constitute a merger or | ||||||
16 | consolidation for purposes of the Property Tax Extension | ||||||
17 | Limitation Law, notwithstanding the abolishment of the | ||||||
18 | existing water commission. | ||||||
19 | (70 ILCS 3720/0.001c new) | ||||||
20 | Sec. 0.001c. Transfer of assets and property. Effective | ||||||
21 | December 1, 2010, all assets, books, records, documents, real | ||||||
22 | and personal property, and unexpended appropriations of a water | ||||||
23 | commission abolished under this amendatory Act of the 96th | ||||||
24 | General Assembly are transferred and delivered to the county |
| |||||||
| |||||||
1 | served by the abolished water commission. | ||||||
2 | (70 ILCS 3720/0.001d new) | ||||||
3 | Sec. 0.001d. Cross references. Beginning on December 1, | ||||||
4 | 2010, all references in other statutes, however phrased, to a | ||||||
5 | water commission abolished under this amendatory act of the | ||||||
6 | 96th General Assembly shall be references to the county in its | ||||||
7 | capacity as successor to the abolished water commission. | ||||||
8 | (70 ILCS 3720/0.001e new) | ||||||
9 | Sec. 0.001e. Ordinances, orders, and resolutions. | ||||||
10 | (a) On December 1, 2010, the ordinances, orders, and | ||||||
11 | resolutions of a water commission abolished by this amendatory | ||||||
12 | Act of the 96th General Assembly that were in effect on | ||||||
13 | November 30, 2010 and that pertain to the assets, property, | ||||||
14 | rights, powers, monetary indebtedness duties, and functions | ||||||
15 | transferred to the county served by the abolished commission, | ||||||
16 | exclusive of those relating to contracts to be re-affirmed or | ||||||
17 | re-negotiated under Section 0.001b, shall become, with respect | ||||||
18 | to that territory, the ordinances, orders, and resolutions of | ||||||
19 | the county and shall continue in effect until amended or | ||||||
20 | repealed or until December 1, 2010, whichever occurs first. | ||||||
21 | (b) Any ordinances, orders, or resolutions pertaining to | ||||||
22 | the assets, property, rights, powers, monetary indebtedness | ||||||
23 | duties, and functions transferred to the county under this | ||||||
24 | amendatory Act of the 96th General Assembly that have been |
| |||||||
| |||||||
1 | proposed by a water commission abolished by this amendatory Act | ||||||
2 | of the 96th General Assembly but have not taken effect or been | ||||||
3 | finally adopted by November 30, 2010 shall become, with respect | ||||||
4 | to that territory, the proposed ordinances, orders, and | ||||||
5 | resolutions of the county, and any procedures that have already | ||||||
6 | been completed by the abolished water commission for those | ||||||
7 | proposed ordinances, orders, or resolutions need not be | ||||||
8 | repeated. | ||||||
9 | (70 ILCS 3720/0.001f new) | ||||||
10 | Sec. 0.001f. Savings provisions. | ||||||
11 | (a) The assets, property, rights, powers, monetary | ||||||
12 | indebtedness duties, and functions transferred to a county by | ||||||
13 | this amendatory Act of the 96th General assembly shall be | ||||||
14 | vested in that county subject to the provisions of this | ||||||
15 | amendatory Act of the 96th General Assembly. An act done by an | ||||||
16 | abolished water commission with respect to the transferred | ||||||
17 | assets, property, rights, powers, monetary indebtedness | ||||||
18 | duties, or functions, exclusive of those relating to contracts | ||||||
19 | to be re-affirmed or re-negotiated under Section 0.001b, shall | ||||||
20 | have the same legal effect as if done by the county. The county | ||||||
21 | is not liable for any act done by an officer, employee, or | ||||||
22 | agent of the abolished commission on or before December 1, 2010 | ||||||
23 | if the act was an individual or unofficial act or an act | ||||||
24 | outside of the scope of duties. | ||||||
25 | (b) The transfer of assets, property, rights, powers, |
| |||||||
| |||||||
1 | monetary indebtedness duties, and functions under this | ||||||
2 | amendatory Act of the 96th General Assembly does not invalidate | ||||||
3 | any previous action, exclusive of those relating to contracts | ||||||
4 | to be re-affirmed or re-negotiated under Section 0.001b, taken | ||||||
5 | by or in respect to an abolished water commission or its | ||||||
6 | officers, employees, or agents. References to an abolished | ||||||
7 | water commission or to its officers, employees, or agents in | ||||||
8 | any document, contract, agreement, or law shall, in appropriate | ||||||
9 | contexts, be deemed to refer to the county served by the | ||||||
10 | abolished commission. | ||||||
11 | (c) The transfer under this amendatory Act of the 96th | ||||||
12 | General Assembly of assets, property, rights, powers, monetary | ||||||
13 | indebtedness duties, and functions of an abolished water | ||||||
14 | commission, exclusive of those relating to contracts to be | ||||||
15 | re-affirmed or re-negotiated under Section 0.001b, does not | ||||||
16 | affect any person's rights, obligations, or duties, including | ||||||
17 | any applicable civil or criminal penalties, arising out of | ||||||
18 | those transferred assets, property, rights, powers, monetary | ||||||
19 | indebtedness duties, and functions. | ||||||
20 | (d) With respect to matters pertaining to an asset, | ||||||
21 | property, right, power, monetary indebtedness duty, or | ||||||
22 | function transferred to a county under this amendatory Act of | ||||||
23 | the 96th General Assembly: | ||||||
24 | (1) Beginning December 1, 2010, a report or notice that | ||||||
25 | was previously required to be made or given by any person | ||||||
26 | to an abolished water commission or to any of its officers, |
| |||||||
| |||||||
1 | employees, or agents must be made or given in the same | ||||||
2 | manner to the county. | ||||||
3 | (2) Beginning December 1, 2010, a document that was | ||||||
4 | previously required to be furnished or served by any person | ||||||
5 | to or upon an abolished water commission or to or upon any | ||||||
6 | of its officers, employees, or agents must be furnished or | ||||||
7 | served in the same manner to or upon the county. | ||||||
8 | (e) This amendatory Act of the 96th General Assembly does | ||||||
9 | not affect any act done, ratified, or cancelled or any right | ||||||
10 | occurring or established, exclusive of those relating to | ||||||
11 | contracts to be re-affirmed or re-negotiated under Section | ||||||
12 | 0.001b; or any action or proceeding had or commenced in an | ||||||
13 | administrative, civil, or criminal cause before December 1, | ||||||
14 | 2010. Any such action or proceeding that pertains to an asset, | ||||||
15 | property, right, power, monetary indebtedness duty, or | ||||||
16 | function transferred to a county under this amendatory Act of | ||||||
17 | the 96th General Assembly, exclusive of those relating to | ||||||
18 | contracts to be re-affirmed or re-negotiated under Section | ||||||
19 | 0.001b, and that is pending on November 30, 2010 may be | ||||||
20 | prosecuted, defended, or continued by the county.
| ||||||
21 | Section 15. The State Mandates Act is amended by adding | ||||||
22 | Section 8.34 as follows: | ||||||
23 | (30 ILCS 805/8.34 new) | ||||||
24 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 |
| |||||||
| |||||||
1 | of this Act, no reimbursement by the State is required for the | ||||||
2 | implementation of any mandate created by this amendatory Act of | ||||||
3 | the 96th General Assembly. | ||||||
4 | Section 97. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes. | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|