98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2155

 

Introduced 2/15/2013, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2605/12  from Ch. 42, par. 332

    Amends the Metropolitan Water Reclamation District Act. Provides that settlements and demands, including associated attorney's fees and costs, together with claims for deprivation of any constitutional or statutory right, are added to the list of costs which may not be included in the district's annual tax levy. Provides that the board may levy a tax for the purpose of establishing and maintaining a reserve fund to satisfy these additional expenses. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Water Reclamation District Act
5is amended by changing Section 12 as follows:
 
6    (70 ILCS 2605/12)  (from Ch. 42, par. 332)
7    Sec. 12. Power to levy taxes. The board of commissioners
8annually may levy taxes for corporate purposes upon property
9within the territorial limits of such sanitary district, the
10aggregate amount of which, exclusive of the amount levied for
11(a) the payment of bonded indebtedness and the interest on
12bonded indebtedness (b) employees' annuity and benefit
13purposes (c) construction purposes, and (d) for the purpose of
14establishing and maintaining a reserve fund for the payment of
15claims, awards, losses, judgments, or liabilities,
16settlements, or demands and associated attorney's fees and
17costs that which might be imposed on or incurred by such
18sanitary district in matters including, but not limited to,
19under the Workers' Compensation Act or the Workers'
20Occupational Diseases Act, and any claim in tort, including but
21not limited to, any claim imposed upon such sanitary district
22under the Local Governmental and Governmental Employees Tort
23Immunity Act, any claim of deprivation of any constitutional or

 

 

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1statutory right or protection, for all expenses, fees, and
2costs, both direct and in support of and for all costs related
3to the repair or replacement of any property owned by such
4sanitary district which is damaged by fire, flood, explosion,
5vandalism or any other peril, natural or manmade, shall not
6exceed the sum produced by extending the rate of .46% for each
7of the years 1979 through 2004 and by extending the rate of
80.41% for the year 2005 and each year thereafter, upon the
9assessed valuation of all taxable property within the sanitary
10district as equalized and determined for State and local taxes.
11    In addition, for stormwater management purposes, including
12but not limited to those provided in subsection (f) of Section
137(h), the board of commissioners may levy taxes for the year
142005 and each year thereafter at a rate not to exceed 0.05% of
15the assessed valuation of all taxable property within the
16District as equalized and determined for State and local taxes.
17    And in addition thereto, for construction purposes as
18defined in Section 5.2 of this Act, the board of commissioners
19may levy taxes for the year 1985 and each year thereafter which
20shall be at a rate not to exceed .10% of the assessed valuation
21of all taxable property within the sanitary district as
22equalized and determined for State and local taxes. Amounts
23realized from taxes so levied for construction purposes shall
24be limited for use to such purposes and shall not be available
25for appropriation or used to defray the cost of repairs to or
26expense of maintaining or operating existing or future

 

 

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1facilities, but such restrictions, however, shall not apply to
2additions, alterations, enlargements, and replacements which
3will add appreciably to the value, utility, or the useful life
4of said facilities. Such rates shall be extended against the
5assessed valuation of the taxable property within the corporate
6limits as the same shall be assessed and equalized for the
7county taxes for the year in which the levy is made and said
8board shall cause the amount to be raised by taxation in each
9year to be certified to the county clerk on or before the
10thirtieth day of March; provided, however, that if during the
11budget year the General Assembly authorizes an increase in such
12rates, the board of commissioners may adopt a supplemental levy
13and shall make such certification to the County Clerk on or
14before the thirtieth day of December.
15    For the purpose of establishing and maintaining a reserve
16fund for the payment of claims, awards, losses, judgments, or
17liabilities, settlements, or demands and associated attorney's
18fees and costs that which might be imposed on or incurred by
19such sanitary district in matters including, but not limited
20to, under the Workers' Compensation Act or the Workers'
21Occupational Diseases Act, and any claim in tort, including but
22not limited to, any claim imposed upon such sanitary district
23under the Local Governmental and Governmental Employees Tort
24Immunity Act, any claim of deprivation of any constitutional or
25statutory right or protection, for all expenses, fees, and
26costs, both direct and in support and for all costs related to

 

 

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1the repair or replacement, where the cost thereof exceeds the
2sum of $10,000, of any property owned by such sanitary district
3which is damaged by fire, flood, explosion, vandalism or any
4other peril, natural or man-made, such sanitary district may
5also levy annually upon all taxable property within its
6territorial limits a tax not to exceed .005% of the assessed
7valuation of said taxable property as equalized and determined
8for State and local taxes; provided, however, the aggregate
9amount which may be accumulated in such reserve fund shall not
10exceed .05% of such assessed valuation.
11    All taxes so levied and certified shall be collected and
12enforced in the same manner and by the same officers as State
13and county taxes, and shall be paid over by the officer
14collecting the same to the treasurer of the sanitary district,
15in the manner and at the time provided by the general revenue
16law. No part of the taxes hereby authorized shall be used by
17such sanitary district for the construction of permanent,
18fixed, immovable bridges across any channel constructed under
19the provisions of this Act. All bridges built across such
20channel shall not necessarily interfere with or obstruct the
21navigation of such channel, when the same becomes a navigable
22stream, as provided in Section 24 of this Act, but such bridges
23shall be so constructed that they can be raised, swung or moved
24out of the way of vessels, tugs, boats or other water craft
25navigating such channel. Nothing in this Act shall be so
26construed as to compel said district to maintain or operate

 

 

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1said bridges, as movable bridges, for a period of 9 years from
2and after the time when the water has been turned into said
3channel pursuant to law, unless the needs of general navigation
4of the Des Plaines and Illinois Rivers, when connected by said
5channel, sooner require it. In levying taxes the board of
6commissioners, in order to produce the net amount required by
7the levies for payment of bonds and interest thereon, shall
8include an amount or rate estimated to be sufficient to cover
9losses in collection of taxes, the cost of collecting taxes,
10abatements in the amount of such taxes as extended on the
11collector's books and the amount of such taxes collection of
12which will be deferred; the amount so added for the purpose of
13producing the net amount required shall not exceed any
14applicable maximum tax rate or amount.
15(Source: P.A. 96-164, eff. 8-10-09.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.