093_HB3402sam001

 










                                     LRB093 09164 BDD 15815 a

 1                    AMENDMENT TO HOUSE BILL 3402

 2        AMENDMENT NO.     .  Amend House Bill 3402  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois State Auditing Act is amended
 5    by changing Section 3-1 as follows:

 6        (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
 7        Sec. 3-1. Jurisdiction of Auditor  General.  The  Auditor
 8    General has jurisdiction over all State agencies to make post
 9    audits  and investigations authorized by or under this Act or
10    the Constitution.
11        The  Auditor  General   has   jurisdiction   over   local
12    government agencies and private agencies only:
13             (a)  to make such post audits authorized by or under
14        this  Act as are necessary and incidental to a post audit
15        of a State agency or of a program administered by a State
16        agency involving public funds  of  the  State,  but  this
17        jurisdiction  does  not  include  any authority to review
18        local governmental agencies in the  obligation,  receipt,
19        expenditure  or use of public funds of the State that are
20        granted without limitation or condition imposed  by  law,
21        other than the general limitation that such funds be used
22        for public purposes;
 
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 1             (b)  to  make  investigations authorized by or under
 2        this Act or the Constitution; and
 3             (c)  to  make  audits  of  the  records   of   local
 4        government   agencies   to   verify   actual   costs   of
 5        state-mandated  programs  when  directed  to do so by the
 6        Legislative Audit Commission at the request of the  State
 7        Board of Appeals under the State Mandates Act.
 8        In  addition  to  the  foregoing, the Auditor General may
 9    conduct an audit of  the  Metropolitan  Pier  and  Exposition
10    Authority,   the   Regional   Transportation  Authority,  the
11    Suburban Bus Division, the Commuter  Rail  Division  and  the
12    Chicago  Transit  Authority  and any other subsidized carrier
13    when authorized by the Legislative  Audit  Commission.   Such
14    audit may be a financial, management or program audit, or any
15    combination thereof.
16        The  audit  shall determine whether they are operating in
17    accordance with all applicable laws and regulations.  Subject
18    to  the  limitations  of  this  Act,  the  Legislative  Audit
19    Commission    may    by    resolution    specify   additional
20    determinations to be included in the scope of the audit.
21        In addition to the foregoing, the  Auditor  General  must
22    also  conduct  a  financial  audit  of  the  Illinois  Sports
23    Facilities   Authority's  expenditures  of  public  funds  in
24    connection with the reconstruction,  renovation,  remodeling,
25    extension,  or improvement of all or substantially all of any
26    existing "facility", as that term is defined in the  Illinois
27    Sports Facilities Authority Act.
28        The  Auditor  General  may  also  conduct  an audit, when
29    authorized  by  the  Legislative  Audit  Commission,  of  any
30    hospital which receives 10% or more  of  its  gross  revenues
31    from  payments  from  the  State  of  Illinois, Department of
32    Public Aid, Medical Assistance Program.
33        The Auditor General is authorized  to  conduct  financial
34    and  compliance  audits  of  the  Illinois  Distance Learning
 
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 1    Foundation and the Illinois Conservation Foundation.
 2        As soon as practical after the  effective  date  of  this
 3    amendatory  Act  of 1995, the Auditor General shall conduct a
 4    compliance and management audit of the City  of  Chicago  and
 5    any  other  entity  with  regard  to the operation of Chicago
 6    O'Hare International  Airport,  Chicago  Midway  Airport  and
 7    Merrill  C.  Meigs Field. The audit shall include, but not be
 8    limited  to,  an  examination  of  revenues,  expenses,   and
 9    transfers  of  funds; purchasing and contracting policies and
10    practices;  staffing  levels;  and   hiring   practices   and
11    procedures.  When  completed,  the  audit  required  by  this
12    paragraph  shall  be  distributed  in accordance with Section
13    3-14.
14        The  Auditor  General  shall  conduct  a  financial   and
15    compliance  and  program  audit  of  distributions  from  the
16    Municipal  Economic  Development  Fund during the immediately
17    preceding calendar year pursuant to Section  8-403.1  of  the
18    Public  Utilities  Act  at  no  cost to the city, village, or
19    incorporated town that received the distributions.
20        The Auditor General must conduct an audit of  the  Health
21    Facilities  Planning  Board  pursuant  to Section 19.5 of the
22    Illinois Health Facilities Planning Act.
23        The Auditor General must conduct an annual audit  of  the
24    water  enterprise  fund  of  a  county  that  has assumed the
25    assets, liabilities, rights, powers, duties, and functions of
26    a water commission under Section 0.02 of the Water Commission
27    Act of 1985.
28    (Source: P.A. 90-813,  eff.  1-29-99;  91-782,  eff.  6-9-00;
29    91-935, eff. 6-1-01.)

30        Section  10.   The  Counties  Code is amended by changing
31    Section 5-1005 and by adding Section 5-1127 as follows:

32        (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
 
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 1        Sec. 5-1005. Powers. Each county shall have power:
 2        1.  To purchase and hold the  real  and  personal  estate
 3    necessary  for  the  uses  of the county, and to purchase and
 4    hold, for the benefit of the  county,  real  estate  sold  by
 5    virtue  of  judicial  proceedings  in  which  the  county  is
 6    plaintiff.
 7        2.   To  sell  and  convey  or lease any real or personal
 8    estate owned by the county.
 9        3.  To make all  contracts  and  do  all  other  acts  in
10    relation to the property and concerns of the county necessary
11    to the exercise of its corporate powers.
12        4.    To   take  all  necessary  measures  and  institute
13    proceedings to enforce all laws for the prevention of cruelty
14    to animals.
15        5.  To purchase and hold or lease real estate upon  which
16    may  be  erected  and maintained buildings to be utilized for
17    purposes of agricultural experiments and  to  purchase,  hold
18    and  use  personal  property  for the care and maintenance of
19    such  real  estate  in  connection  with  such   experimental
20    purposes.
21        6.  To  cause  to  be  erected,  or  otherwise  provided,
22    suitable  buildings  for,  and maintain a county hospital and
23    necessary branch hospitals and/or  a  county  sheltered  care
24    home  or  county  nursing  home  for  the  care of such sick,
25    chronically ill or infirm persons as may  by  law  be  proper
26    charges  upon  the  county, or upon other governmental units,
27    and to provide for the management of the  same.   The  county
28    board  may establish rates to be paid by persons seeking care
29    and treatment in such hospital or  home  in  accordance  with
30    their   financial   ability  to  meet  such  charges,  either
31    personally or through a hospital plan or hospital  insurance,
32    and the rates to be paid by governmental units, including the
33    State,  for  the  care  of  sick,  chronically  ill or infirm
34    persons  admitted  therein   upon   the   request   of   such
 
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 1    governmental units. Any hospital maintained by a county under
 2    this  Section  is authorized to provide any service and enter
 3    into any contract or other arrangement not prohibited  for  a
 4    hospital  that  is licensed under the Hospital Licensing Act,
 5    incorporated under  the  General  Not-For-Profit  Corporation
 6    Act,   and  exempt  from  taxation  under  paragraph  (3)  of
 7    subsection (c) of Section 501 of the Internal Revenue Code.
 8        7.  To contribute such sums  of  money  toward  erecting,
 9    building,   maintaining,  and  supporting  any  non-sectarian
10    public hospital located within its limits as the county board
11    of the county shall deem proper.
12        8.  To purchase and hold real estate for the preservation
13    of forests, prairies and other natural areas and to  maintain
14    and regulate the use thereof.
15        9.  To  purchase  and hold real estate for the purpose of
16    preserving  historical  spots  in  the  county,  to  restore,
17    maintain and regulate the  use  thereof  and  to  donate  any
18    historical spot to the State.
19        10.  To  appropriate funds from the county treasury to be
20    used in any manner to be determined  by  the  board  for  the
21    suppression,  eradication  and  control of tuberculosis among
22    domestic cattle in such county.
23        11.  To take all necessary  measures  to  prevent  forest
24    fires and encourage the maintenance and planting of trees and
25    the preservation of forests.
26        12.  To authorize the closing on Saturday mornings of all
27    offices  of  all  county  officers at the county seat of each
28    county, and to otherwise regulate and fix the  days  and  the
29    hours of opening and closing of such offices, except when the
30    days  and  the  hours of opening and closing of the office of
31    any county officer are otherwise fixed by law; but the  power
32    herein  conferred  shall  not  apply to the office of State's
33    Attorney and the offices of judges and clerks of courts  and,
34    in  counties  of  500,000  or more population, the offices of
 
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 1    county clerk.
 2        13.  To provide for the  conservation,  preservation  and
 3    propagation of insectivorous birds through the expenditure of
 4    funds provided for such purpose.
 5        14.  To  appropriate  funds  from the county treasury and
 6    expend the  same  for  care  and  treatment  of  tuberculosis
 7    residents.
 8        15.  In  counties having less than 1,000,000 inhabitants,
 9    to take all necessary or proper steps for  the  extermination
10    of mosquitoes, flies or other insects within the county.
11        16.  To  install  an  adequate  system  of  accounts  and
12    financial records in the offices and divisions of the county,
13    suitable  to  the  needs of the office and in accordance with
14    generally accepted principles of accounting for  governmental
15    bodies,  which  system may include such reports as the county
16    board may determine.
17        17.  To  purchase  and   hold   real   estate   for   the
18    construction   and   maintenance  of  motor  vehicle  parking
19    facilities  for  persons  using  county  buildings,  but  the
20    purchase and use of such real estate shall not be for revenue
21    producing purposes.
22        18.  To acquire and hold title to real  property  located
23    within  the  county,  or partly within and partly outside the
24    county by dedication, purchase, gift, legacy  or  lease,  for
25    park  and recreational purposes and to charge reasonable fees
26    for the use of or admission to any such park or  recreational
27    area  and  to  provide  police  protection  for  such park or
28    recreational area. Personnel employed to provide such  police
29    protection  shall  be  conservators  of the peace within such
30    park or recreational  area  and  shall  have  power  to  make
31    arrests on view of the offense or upon warrants for violation
32    of  any of the ordinances governing such park or recreational
33    area or for any breach of the peace in the same manner as the
34    police in municipalities organized  and  existing  under  the
 
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 1    general laws of the State. All such real property outside the
 2    county  shall  be  contiguous  to  the  county and within the
 3    boundaries of the State of Illinois.
 4        19.  To appropriate funds from the county treasury to  be
 5    used  to  provide  supportive  social  services  designed  to
 6    prevent   the  unnecessary  institutionalization  of  elderly
 7    residents, or, for operation of, and  equipment  for,  senior
 8    citizen   centers   providing   social  services  to  elderly
 9    residents.
10        20.  To appropriate funds from the  county  treasury  and
11    loan  such  funds  to a county water commission created under
12    the "Water Commission Act", approved June 30, 1984, as now or
13    hereafter amended, in such amounts and upon such terms as the
14    county may determine or the county  and  the  commission  may
15    agree.   The  county  shall  not  under  any circumstances be
16    obligated to make  such  loans.   The  county  shall  not  be
17    required to charge interest on any such loans.
18        21.  Beginning  October  1,  2003, to exercise the powers
19    and assume the obligations of a  water  commission  abolished
20    under Section 0.02 of the Water Commission Act of 1985.
21        All contracts for the purchase of coal under this Section
22    shall  be subject to the provisions of "An Act concerning the
23    use  of  Illinois  mined   coal   in   certain   plants   and
24    institutions", filed July 13, 1937, as amended.
25    (Source: P.A. 86-962; 86-1028.)

26        (55 ILCS 5/5-1127 new)
27        Sec. 5-1127.  Homeland security and bioterrorism response
28    plan.  The  health department and emergency management agency
29    of the home county of  a  water  commission  abolished  under
30    Section  0.02  of  the  Water  Commission  Act  of 1985 shall
31    develop a homeland security and  bioterrorism  response  plan
32    and ongoing operations for the home county, including but not
33    limited   to,   equipment,  training,  personnel,  and  other
 
                            -8-      LRB093 09164 BDD 15815 a
 1    critical  recurring  public  health  programs.  The  homeland
 2    security and bioterrorism response plan  shall  include,  but
 3    need not be limited to, the following:
 4             (1)  As  designated  by  the county board of health,
 5        the  procurement  of  appropriate  antibiotics  or  other
 6        remedies for distribution to first responders  to  events
 7        of bioterrorism.
 8             (2)  The  organization  of  a  sufficient  number of
 9        volunteers as deemed necessary by  the  county  board  or
10        health  department  for  the dissemination of information
11        and other duties assigned by the board for the purpose of
12        responding to events of bioterrorism.
13             (3)  The establishment  of  municipal  liaisons  for
14        every  municipality wholly or partially within the county
15        in order to  assist,  if  necessary,  and  to  coordinate
16        county  health  department  efforts  in  the  event  of a
17        bioterrorism incident.
18             (4)  The  distribution  of  county  public   service
19        announcements  and  advertisements  designed  to  educate
20        county residents on what to do and where to turn for help
21        in the event of a bioterrorism incident.
22        Funding  for the plan and its operation shall derive from
23    revenues collected under the Water Commission Act of 1985 and
24    transferred to the home county board  under  this  amendatory
25    Act of the 93rd General Assembly.

26        Section  15.   The  Illinois Municipal Code is amended by
27    changing Section 11-124-1 as follows:

28        (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
29        Sec. 11-124-1.  (a) The  corporate  authorities  of  each
30    municipality  may  contract  with  any  person,  corporation,
31    municipal  corporation,  political  subdivision, public water
32    district or any other agency for a supply of water. Any  such
 
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 1    contract  entered  into  by a municipality shall provide that
 2    payments to be made  thereunder  shall  be  solely  from  the
 3    revenues  to  be derived from the operation of the waterworks
 4    system of the municipality,  and  the  contract  shall  be  a
 5    continuing  valid  and binding obligation of the municipality
 6    payable from the revenues derived from the operation  of  the
 7    waterworks  system  of  the  municipality  for  the period of
 8    years, not to exceed 40, as may be provided in such contract.
 9    Any such contract shall not be a debt within the  meaning  of
10    any   constitutional   or   statutory  limitation.  No  prior
11    appropriation shall be required before entering into  such  a
12    contract  and no appropriation shall be required to authorize
13    payments to be made under the  terms  of  any  such  contract
14    notwithstanding  any  provision in this Code to the contrary.
15    (a) Payments to be made under any such contract shall  be  an
16    operation and maintenance expense of the waterworks system of
17    the  municipality.   Any such contract made by a municipality
18    for a supply of water  may  contain  provisions  whereby  the
19    municipality  is  obligated  to  pay for such supply of water
20    without setoff or counterclaim and  irrespective  of  whether
21    such  supply  of  water  is ever furnished, made available or
22    delivered to the municipality or whether any project for  the
23    supply   of  water  contemplated  by  any  such  contract  is
24    completed, operable  or  operating  and  notwithstanding  any
25    suspension,    interruption,   interference,   reduction   or
26    curtailment of the supply of water from  such  project.   Any
27    such  contract  may  provide that if one or more of the other
28    purchasers  of  water  defaults  in  the   payment   of   its
29    obligations  under  such  contract or a similar contract made
30    with the supplier of the water, one or more of the  remaining
31    purchasers  party  to  such contract or such similar contract
32    shall be required  to  pay  for  all  or  a  portion  of  the
33    obligations  of the defaulting purchasers. (b) Payments to be
34    made under any such contract with a  municipal  joint  action
 
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 1    water  agency  under  the  Intergovernmental  Cooperation Act
 2    shall  be  an  operation  and  maintenance  expense  of   the
 3    waterworks  system  of  the  municipality.  Any such contract
 4    made by a municipality for a supply of water with a municipal
 5    joint  action  water  agency  under  the  provisions  of  the
 6    Intergovernmental  Cooperation  Act  may  contain  provisions
 7    whereby the municipality is obligated to pay for such  supply
 8    of  water  without setoff or counterclaim and irrespective of
 9    whether  such  supply  of  water  is  ever  furnished,   made
10    available  or  delivered  to  the municipality or whether any
11    project for the supply of  water  contemplated  by  any  such
12    contract    is   completed,   operable   or   operating   and
13    notwithstanding any suspension,  interruption,  interference,
14    reduction  or  curtailment  of  the supply of water from such
15    project.  Any such contract with  a  municipal  joint  action
16    water  agency  may  provide  that if one or more of the other
17    purchasers  of  water  defaults  in  the   payment   of   its
18    obligations  under  such  contract or a similar contract made
19    with the supplier of the water, one or more of the  remaining
20    purchasers  party  to  such contract or such similar contract
21    shall be required  to  pay  for  all  or  a  portion  of  the
22    obligations of the defaulting purchasers.
23        The changes in this Section made by these amendatory Acts
24    of 1984 are intended to be declarative of existing law.
25        (b)  A  municipality  with a water supply contract with a
26    home county of a water  commission  abolished  under  Section
27    0.02  of the Water Commission Act of 1985 shall provide water
28    to unincorporated areas of that home county that adjoin  that
29    municipality in accordance with the terms of this subsection.
30    The  provision  of  water  by  the  municipality  shall be in
31    accordance  with  an  ordinance  of  the  home  county.   The
32    ordinance of the home county shall not be effective unless it
33    finds  that the area to be served receives well water that is
34    tainted,  contaminated,   or   otherwise   substandard.   The
 
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 1    ordinance  of  the  home  county  shall  designate the system
 2    within the unincorporated  area  to  receive  and  distribute
 3    municipal  water. A home rule unit may not provide water in a
 4    manner that is  inconsistent  with  the  provisions  of  this
 5    amendatory  Act of the 93rd General Assembly. This subsection
 6    is a limitation under subsection (i) of Section 6 of  Article
 7    VII  of  the Illinois Constitution on the concurrent exercise
 8    by home rule units of powers and functions exercised  by  the
 9    State.
10    (Source: P.A. 83-1123; 83-1524.)

11        Section  20.  The Water Commission Act of 1985 is amended
12    by adding Sections 0.01, 0.02, 0.03, 0.04, 0.05, 0.06,  0.07,
13    0.08, 0.09, 0.010, 0.011, 0.012, 0.013, and 0.014 as follows:

14        (70 ILCS 3720/0.01 new)
15        Sec.  0.01.  Purpose  and  findings. It is the purpose of
16    this amendatory Act of the 93rd General Assembly  to  abolish
17    the  commissions created by this Water Commission Act of 1985
18    and to transfer to the respective home counties  all  assets,
19    property,  liabilities, rights, powers, duties, and functions
20    of the commissions.
21        The General  Assembly  finds  and  declares  that  it  is
22    necessary  and  in  the  best  interests of the people of the
23    State of Illinois and the persons served by these commissions
24    to  change  the  governance  of  water  systems  created  and
25    functioning under the  Water  Commission  Act  of  1985.  The
26    changes  established  by  this  amendatory  Act  of  the 93rd
27    General Assembly are intended to save costs by eliminating an
28    unnecessary  additional  level  of   government,   make   the
29    governance  of  water systems more responsive to electors and
30    water  users,  serve  more   equitably   the   municipalities
31    receiving  water,  prevent  the retention of unnecessary cash
32    reserves at the expense of water users and taxpayers,  spread
 
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 1    the  costs  of  the  water system more equitably among users,
 2    increase the benefits resulting from the  creation  of  water
 3    systems,  rebate  excess  revenues  to  residents of the home
 4    county, and fund homeland defense and  bioterrorism  response
 5    operations.
 6        It  is  not  the intent of this amendatory Act of 2003 to
 7    change or permit the changing of any financial  covenants  or
 8    obligations to supply water of a water commission established
 9    under the Water Commission Act of 1985.

10        (70 ILCS 3720/0.02 new)
11        Sec.   0.02.  Districts   abolished;   assets,  property,
12    liabilities, rights, powers, duties, and  functions  assumed.
13    Notwithstanding  any  other  provisions of law, including any
14    other provision of this Water Commission  Act  of  1985,  any
15    water  commission  established under this Act is abolished on
16    October 1, 2003. On October 1, 2003, the home county  of  the
17    commission   that  is  abolished  shall  assume  all  assets,
18    property, liabilities, rights, powers, duties, and  functions
19    of the abolished commission.

20        (70 ILCS 3720/0.03 new)
21        Sec.  0.03.  Transfer  of  personnel. On October 1, 2003,
22    personnel employed by a water commission that is abolished by
23    this  amendatory  Act  of  the  93rd  General  Assembly   are
24    transferred  to the home county of the commission. The rights
25    of these employees under collective bargaining agreements are
26    not affected by this  amendatory  Act  of  the  93rd  General
27    Assembly.

28        (70 ILCS 3720/0.04 new)
29        Sec.  0.04.  Transfer  of  property. Effective October 1,
30    2003, all  books,  records,  documents,  property  (real  and
31    personal), unexpended appropriations, and pending business of
 
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 1    a water commission abolished under this amendatory Act of the
 2    93rd  General  Assembly  are transferred and delivered to the
 3    home county.

 4        (70 ILCS 3720/0.05 new)
 5        Sec. 0.05.  Taxes.
 6        Beginning on October 1, 2003, the county board of a  home
 7    county  of  a  water  commission that is abolished under this
 8    amendatory Act of the 93rd General Assembly  shall  have  the
 9    power to levy and collect the tax set forth in subsection (f)
10    of  Section  2  of this Act. The revenues collected from this
11    tax may be used only  to  repay  the  debts  and  obligations
12    incurred  by an abolished water commission. This taxing power
13    expires  upon  the  repayment   of   the   indebtedness   and
14    obligations  of  the water commission that exist on September
15    30, 2003.

16        (70 ILCS 3720/0.06 new)
17        Sec. 0.06.  Taxpayer rebate.  On  or  before  October  1,
18    2004,  the  county  board of the home county shall rebate the
19    amount of $25,000,000 to the taxpayers in the areas in  which
20    these funds were collected.

21        (70 ILCS 3720/0.07 new)
22        Sec.  0.07.  Water  enterprise  fund. On October 1, 2003,
23    the home county shall establish a water enterprise fund.  All
24    moneys  transferred  to the home county under this amendatory
25    Act of  the  93rd  General  Assembly  shall,  for  accounting
26    purposes,  be stated separately in the water enterprise fund,
27    but these moneys may be appropriated from the  fund  for  any
28    county water, public health, or safety purpose.
29        The  Illinois  Auditor  General  shall annually audit the
30    water enterprise fund and the results of that audit  must  be
31    made available to the public.
 
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 1        (70 ILCS 3720/0.08 new)
 2        Sec.  0.08.  Water  service  for  unincorporated areas. A
 3    municipality with a water supply contract with a home  county
 4    of  a  water  commission  abolished under Section 0.02 of the
 5    Water  Commission  Act  of  1985  shall  provide   water   to
 6    unincorporated  areas  of  that  home county that adjoin that
 7    municipality in accordance with the terms of this subsection.
 8    The provision of  water  by  the  municipality  shall  be  in
 9    accordance   with  an  ordinance  of  the  home  county.  The
10    ordinance of the home county shall not be effective unless it
11    finds that the area to be served receives well water that  is
12    tainted,   contaminated,   or   otherwise   substandard.  The
13    ordinance of the  home  county  shall  designate  the  system
14    within  the  unincorporated  area  to  receive and distribute
15    municipal water.

16        (70 ILCS 3720/0.09 new)
17        Sec. 0.09.  Water subsidy guaranty. Except to satisfy the
18    obligations of the  abolished  water  commission,  the  water
19    rates  charged  to  municipalities  that are in effect on the
20    effective date of this amendatory Act  of  the  93rd  General
21    Assembly  may not be increased for a period of 5 years. After
22    this 5-year period, the home county  may  not  increase  this
23    rate  without  the  affirmative  vote  of three-fifths of the
24    county board.

25        (70 ILCS 3720/0.010 new)
26        Sec. 0.010.  Ordinances, orders, and resolutions.
27        (a)  On October 1,  2003,  the  ordinances,  orders,  and
28    resolutions   of   a   water  commission  abolished  by  this
29    amendatory Act of the 93rd  General  Assembly  that  were  in
30    effect  on September 30, 2003 and that pertain to the assets,
31    property, liabilities, rights, powers, duties, and  functions
32    transferred  to the home county shall become, with respect to
 
                            -15-     LRB093 09164 BDD 15815 a
 1    that territory, the ordinances, orders,  and  resolutions  of
 2    the home county and shall continue in effect until amended or
 3    repealed.
 4        (b)  Any ordinances, orders, or resolutions pertaining to
 5    the  assets,  property,  liabilities, rights, powers, duties,
 6    and functions transferred  to  the  home  county  under  this
 7    amendatory  Act  of  the 93rd General Assembly that have been
 8    proposed by a water commission abolished by  this  amendatory
 9    Act of the 93rd General Assembly but have not taken effect or
10    been finally adopted by September 30, 2003 shall become, with
11    respect  to  that territory, the proposed ordinances, orders,
12    and resolutions of the home county, and any  procedures  that
13    have already been completed by the abolished water commission
14    for  those  proposed  ordinances, orders, or resolutions need
15    not be repeated.
16        (c)  As soon as practical after October 1, 2003, the home
17    county shall revise and clarify the ordinances,  orders,  and
18    resolutions  transferred  to  it under this amendatory Act of
19    the 93rd General Assembly. The home county  may  propose  and
20    adopt such other ordinances, orders, or resolutions as may be
21    necessary  to consolidate and clarify the ordinances, orders,
22    and resolutions assumed under this amendatory Act of the 93rd
23    General Assembly.

24        (70 ILCS 3720/0.011 new)
25        Sec. 0.011.  Cross references. Beginning  on  October  1,
26    2003, all references in other statutes, however phrased, to a
27    water  commission  abolished under this amendatory Act of the
28    93rd General Assembly shall be references to the home  county
29    in   its   capacity  as  successor  to  the  abolished  water
30    commission.

31        (70 ILCS 3720/0.012 new)
32        Sec. 0.012.  Savings provisions.
 
                            -16-     LRB093 09164 BDD 15815 a
 1        (a)  The assets, property, liabilities,  rights,  powers,
 2    duties,  and  functions  transferred to a home county by this
 3    amendatory Act of the 93rd General Assembly shall  be  vested
 4    in  that  county subject to the provisions of this amendatory
 5    Act of the 93rd General Assembly. An act done by an abolished
 6    water commission or by an officer, employee, or agent of  the
 7    abolished  water  commission  with respect to the transferred
 8    assets, property, liabilities,  rights,  powers,  duties,  or
 9    functions  shall have the same legal effect as if done by the
10    home county or by an officer, employee, or agent of the  home
11    county.
12        (b)  The transfer of assets, liabilities, rights, powers,
13    duties,  and  functions under this amendatory Act of the 93rd
14    General Assembly does  not  invalidate  any  previous  action
15    taken  by  or  in respect to an abolished water commission or
16    its  officers,  employees,  or  agents.  References   to   an
17    abolished  water commission or to its officers, employees, or
18    agents in any document, contract, agreement, or law shall, in
19    appropriate contexts, be deemed to refer to the  home  county
20    or to its officers, employees, or agents.
21        (c)  The  transfer  under this amendatory Act of the 93rd
22    General Assembly of assets,  property,  liabilities,  rights,
23    powers,   duties,   and   functions  of  an  abolished  water
24    commission does not affect any person's rights,  obligations,
25    or   duties,  including  any  applicable  civil  or  criminal
26    penalties, arising out of those transferred assets, property,
27    liabilities, rights, powers, duties, and functions.
28        (d)  With respect to  matters  pertaining  to  an  asset,
29    liability,  right,  power, duty, or function transferred to a
30    home county under this amendatory Act  of  the  93rd  General
31    Assembly:
32             (1)  Beginning  October  1, 2003, a report or notice
33        that was previously required to be made or given  by  any
34        person  to an abolished water commission or to any of its
 
                            -17-     LRB093 09164 BDD 15815 a
 1        officers, employees, or agents must be made or  given  in
 2        the  same manner to the home county or to its appropriate
 3        officer, employee, or agent.
 4             (2)  Beginning October 1, 2003, a document that  was
 5        previously  required  to  be  furnished  or served by any
 6        person to or upon an abolished water commission or to  or
 7        upon  any  of  its officers, employees, or agents must be
 8        furnished or served in the same manner  to  or  upon  the
 9        home  county  or  to  or  upon  its  appropriate officer,
10        employee, or agent.
11        (e)  This amendatory Act of  the  93rd  General  Assembly
12    does  not  affect  any  act done, ratified, or cancelled, any
13    right occurring or established, or any action  or  proceeding
14    had  or  commenced  in  an administrative, civil, or criminal
15    cause before October 1, 2003. Any such action  or  proceeding
16    that pertains to an asset, property, liability, right, power,
17    duty, or function transferred to a home county under this Act
18    and  that  is  pending  on October 1, 2003 may be prosecuted,
19    defended, or continued by the home county.

20        (70 ILCS 3720/0.013 new)
21        Sec. 0.013.  Disputes.  Any  disputes  that  arise  as  a
22    result  of  the  abolishment  of  a  water commission and the
23    assumption of  the  assets,  property,  liabilities,  rights,
24    powers,  duties,  and  functions  of the abolished commission
25    shall be resolved by and appropriate action commenced in  the
26    circuit court.

27        (70 ILCS 3720/0.014 new)
28        Sec. 0.014.  Home rule. A home rule unit may not regulate
29    its  water  systems in a manner that is inconsistent with the
30    provisions  of  this  amendatory  Act  of  the  93rd  General
31    Assembly. This Section is a limitation under  subsection  (i)
32    of  Section  6 of Article VII of the Illinois Constitution on
 
                            -18-     LRB093 09164 BDD 15815 a
 1    the concurrent exercise by home  rule  units  of  powers  and
 2    functions exercised by the State.

 3        Section  90.  The State Mandates Act is amended by adding
 4    Section 8.27 as follows:

 5        (30 ILCS 805/8.27 new)
 6        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 7    and  8 of this Act, no reimbursement by the State is required
 8    for  the  implementation  of  any  mandate  created  by  this
 9    amendatory Act of the 93rd General Assembly.

10        Section 97.  Severability.  The provisions  of  this  Act
11    are severable under Section 1.31 of the Statute on Statutes.

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