Sen. Terry Link

Filed: 4/30/2019

 

 


 

 


 
10100HB2862sam001LRB101 10300 AWJ 58823 a

1
AMENDMENT TO HOUSE BILL 2862

2    AMENDMENT NO. ______. Amend House Bill 2862 on page 1, line
35, by replacing "7.6 and 11" with "4, 7.6, 11, and 16"; and
 
4on page 1, immediately below line 6, by inserting the
5following:
 
6    "(70 ILCS 2305/4)  (from Ch. 42, par. 280)
7    Sec. 4. Board of trustees; powers; compensation. The
8trustees shall constitute a board of trustees for the district.
9The board of trustees is the corporate authority of the
10district, and shall exercise all the powers and manage and
11control all the affairs and property of the district. The board
12shall elect a president and vice-president from among their own
13number. In case of the death, resignation, absence from the
14state, or other disability of the president, the powers, duties
15and emoluments of the office of the president shall devolve
16upon the vice-president, until the disability is removed or

 

 

10100HB2862sam001- 2 -LRB101 10300 AWJ 58823 a

1until a successor to the president is appointed and chosen in
2the manner provided in this Act. The board may select a
3secretary, treasurer, executive director, and attorney, and
4may provide by ordinance for the employment of other employees
5as the board may deem necessary for the municipality. The board
6may appoint such other officers and hire such employees to
7manage and control the operations of the district as it deems
8necessary; provided, however, that the board shall not employ
9an individual as a wastewater operator whose Certificate of
10Technical Competency is suspended or revoked under rules
11adopted by the Pollution Control Board under item (4) of
12subsection (a) of Section 13 of the Environmental Protection
13Act. All employees selected by the board shall hold their
14respective offices during the pleasure of the board, and give
15such bond as may be required by the board. The board may
16prescribe the duties and fix the compensation of all the
17officers and employees of the sanitary district. However, the
18president of the board of trustees shall not receive more than
19$10,000 per year and the other members of the board shall not
20receive more than $7,000 per year. However, beginning with the
21commencement of the new term of each board member in 1993, the
22president shall not receive more than $11,000 per year and each
23other member of the board shall not receive more than $8,000
24per year. Beginning with the commencement of the first new term
25after the effective date of this amendatory Act of the 95th
26General Assembly, the president of the board shall not receive

 

 

10100HB2862sam001- 3 -LRB101 10300 AWJ 58823 a

1more than $18,000 $14,000 per year, and each other member of
2the board shall not receive more than $15,000 $11,000 per year.
3The board of trustees has full power to pass all necessary
4ordinances, rules and regulations for the proper management and
5conduct of the business of the board and of the corporation,
6and for carrying into effect the objects for which the sanitary
7district was formed. The ordinances may provide for a fine for
8each offense of not less than $100 or more than $1,000. Each
9day's continuance of a violation shall be a separate offense.
10Fines under this Section are recoverable by the sanitary
11district in a civil action. The sanitary district is authorized
12to apply to the circuit court for injunctive relief or mandamus
13when, in the opinion of the chief administrative officer, the
14relief is necessary to protect the sewerage system of the
15sanitary district.
16    The board of trustees shall have the authority to change
17the name of the District, by ordinance, to the North Shore
18Water Reclamation District. Any such name change shall not
19impair the legal status of any act by the sanitary district. If
20an ordinance is passed pursuant to this paragraph, all
21provisions of this Act shall apply to the newly renamed
22district. No rights, duties, or privilege of such sanitary
23district or of any person existing before the change of name
24shall be affected by the change in the name of the sanitary
25district. All proceedings pending in any court relating to such
26sanitary district may continue to final consummation under the

 

 

10100HB2862sam001- 4 -LRB101 10300 AWJ 58823 a

1name in which they were commenced.
2(Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)"; and
 
3on page 1, line 13, by replacing "fees owed at the time of a
4property's sale" with "fee or connection-related fee"; and
 
5on page 2, line 11, after the period, by inserting "The payment
6of connection fees or connection-related fees by the user or
7any other interested party is a condition for the continued
8connection of the real property or any structure thereon. The
9sanitary district shall have the authority to terminate all
10connections and service to any real property or structure
11thereon if any connection fee or connection-related fee is not
12paid within 60 days from the date such payment is due by the
13user or any other party that has an interest or subsequently
14acquires an interest in the property."; and
 
15on page 2, lines 14 and 15, by replacing "fees owed at the time
16of a property's sale" with "fee or connection-related fee"; and
 
17on page 9, immediately below line 21, by inserting the
18following:
 
19    "(70 ILCS 2305/16)  (from Ch. 42, par. 292)
20    Sec. 16. Entering other property for improvements;
21emergency improvements.

 

 

10100HB2862sam001- 5 -LRB101 10300 AWJ 58823 a

1    (a) When, in making any improvements which any district is
2authorized by this act to make, it shall be necessary to enter
3upon and take possession of any existing drains, sewers, sewer
4outlets, plants for the purification of sewage or water, or any
5other public property, or property held for public use, the
6board of trustees of such district shall have the power so to
7do and may acquire the necessary right of way over any other
8property held for public use in the same manner as is herein
9provided for acquiring private property, and may enter upon,
10and use the same for the purposes aforesaid: Provided, the
11public use thereof shall not be unnecessarily interrupted or
12interfered with, and that the same shall be restored to its
13former usefulness as soon as practicable.
14    (b) If a board of trustees determines there is an emergency
15affecting the public health or safety and the emergency
16requires approval from the governing authority of any public
17property, public or private utility, or railroad for permission
18to enter upon the property, right-of-way, or easement and if
19the approval is not acted upon within 48 hours from the time
20the sanitary district's request is served on the entity, then
21the request for entry is deemed granted. If the sanitary
22district is to perform work within 50 feet of railroad
23right-of-way for work that does not require entry onto the
24railroad right-of-way and requires approval from the railroad
25to satisfy a requirement imposed upon the sanitary district or
26its contractors or subcontractors in order to obtain a policy

 

 

10100HB2862sam001- 6 -LRB101 10300 AWJ 58823 a

1or endorsement for special railroad protective liability
2insurance, then the approval is deemed granted if the request
3is not acted upon within 48 hours from the time that the
4request was served. A request is served when submitted in
5accordance with a method established by a receiving entity for
6such requests or may be made by sending the request by United
7States Postal Service, by certified mail or by overnight or
8express mail which provides tracking and acknowledgment of
9delivery, or by private carrier providing tracking and
10acknowledgment of delivery. A sworn statement executed by the
11executive director stating that the requirements of this
12paragraph have been satisfied and that the entity has failed to
13act after service of a request shall be sufficient evidence
14that the request has been deemed approved due to the entity's
15failure to act as required by law.
16    Railroads may not charge the sanitary district any fee or
17charge if the work does not require actual entry upon the
18railroad's property. If access onto the entity's property is
19required, any fee charged shall be reasonable and shall be
20solely related to the cost incurred by the entity to review the
21work to be performed by the sanitary district and to implement
22required safety provisions.
23(Source: Laws 1911, p. 299.)".