Rep. Rita Mayfield

Filed: 5/1/2019

 

 


 

 


 
10100SB2136ham001LRB101 11153 AWJ 58824 a

1
AMENDMENT TO SENATE BILL 2136

2    AMENDMENT NO. ______. Amend Senate Bill 2136 on page 1,
3line 5, before "7.6" by inserting "4,"; 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

 

 

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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

 

 

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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

 

 

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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 10, by replacing lines 13 through 19 with the
18following:
 
19    "(b) If a board of trustees determines there is an
20emergency affecting the public health or safety and the
21emergency requires approval from the governing authority of any

 

 

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1public property, public or private utility, or railroad for
2permission to enter upon the property, right-of-way, or
3easement and if the approval is not acted upon within 48 hours
4from the time the sanitary district's request is served on the
5entity, then the request for entry is deemed granted. If the
6sanitary district is to perform work within 50 feet of railroad
7right-of-way for work that does not require entry onto the
8railroad right-of-way and requires approval from the railroad
9to satisfy a requirement imposed upon the sanitary district or
10its contractors or subcontractors in order to obtain a policy
11or endorsement for special railroad protective liability
12insurance, then the approval is deemed granted if the request
13is not acted upon within 48 hours from the time that the
14request was served. A request is served when submitted in
15accordance with a method established by a receiving entity for
16such requests or may be made by sending the request by United
17States Postal Service, by certified mail or by overnight or
18express mail which provides tracking and acknowledgment of
19delivery, or by private carrier providing tracking and
20acknowledgment of delivery. A sworn statement executed by the
21executive director stating that the requirements of this
22paragraph have been satisfied and that the entity has failed to
23act after service of a request shall be sufficient evidence
24that the request has been deemed approved due to the entity's
25failure to act as required by law.
26    Railroads may not charge the sanitary district any fee or

 

 

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1charge if the work does not require actual entry upon the
2railroad's property. If access onto the entity's property is
3required, any fee charged shall be reasonable and shall be
4solely related to the cost incurred by the entity to review the
5work to be performed by the sanitary district and to implement
6required safety provisions.".