Illinois General Assembly - Bill Status for SB3046
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 Bill Status of SB3046  102nd General Assembly


Short Description:  MUNI CD-WATER SYSTEMS-CONDEM

Senate Sponsors
Sen. M. Maggie Crotty - Dale E. Risinger - George P. Shadid - Christine Radogno, Pamela J. Althoff and Edward D. Maloney

House Sponsors
(Rep. Renee Kosel - Aaron Schock and Naomi D. Jakobsson)

Last Action
DateChamber Action
  7/3/2006SenatePublic Act . . . . . . . . . 94-1007

Statutes Amended In Order of Appearance
65 ILCS 5/11-124-5.1 new


Synopsis As Introduced
Amends the Illinois Municipal Code. Sets forth procedures by which municipalities may acquire water systems by eminent domain. Provides that the Illinois Commerce Commission has no approval authority of any eminent domain action brought by any governmental entity or combination of such entities to acquire water systems or water works.

Senate Floor Amendment No. 1
Adds reference to:
5 ILCS 220/3.1from Ch. 127, par. 743.1
65 ILCS 5/11-124-5 new
735 ILCS 5/7-102from Ch. 110, par. 7-102

Deletes everything after the enacting clause. Amends the Intergovernmental Cooperation Act. Provides that any body corporate and politic may establish a Municipal Joint Action Water Agency. Deletes a requirement that the water supply may only be derived from Lake Michigan, the Mississippi River, the Missouri River, or the Sangamon River Valley Alluvium. Amends the Illinois Municipal Code. Sets forth procedures by which municipalities may acquire water systems by eminent domain. Amends the Code of Civil Procedure. Provides that eminent domain actions to acquire property under certain Divisions of the Illinois Municipal Code, to acquire property for the purposes of a Municipal Joint Action Water Agency under the Intergovernmental Cooperation Act, or to acquire property that is a water system or waterworks pursuant to the home rule powers of a unit of local government need not have prior approval by the Illinois Commerce Commission.

Senate Floor Amendment No. 2
Provides that, in determining just compensation for a water system or waterworks system in an eminent domain action, the court may (instead of "must") consider the amount of any land donations, impact fees, or similar payments by parties other than the utility used in the construction of the system or waterworks.

 Fiscal Note (Department of Commerce and Economic Opportunity)
 SB 3046 does not impact State finances. The bill would only impact municipalities serviced by private water companies. It can be assumed that most affected municipalities could operate the systems in a manner that would likely produce cost savings for private water customers. SB 3046 would require municipalities that choose to exercise the authority gained by the bill to consider the following: (1) The evaluation of financial and other records of a company to determine the feasibility of the purchase, which would likely require the contracting of consultants; (2) The valuation language may require the municipality to reimburse the water company for the replacement cost of the equipment and other facilities purchased, even if the equipment or facilities are decades old. Based on these factors, the cost to municipalities would vary across the State. Therefore, to the extent that SB 3046 impact local revenue, a fiscal impact cannot be estimated at this time.

House Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill as engrossed with the following changes: In the Intergovernmental Cooperation Act, provides that a State university (instead of a body corporate and politic) may participate in a Municipal Joint Action Water Agency. In the Illinois Municipal Code, provides that a municipality may acquire, by eminent domain, all or part of a water system (instead of the entirety of the water system). Provides that the acquiring municipality or public entity must supply service and supply to persons who are customers of the system on the effective date of this amendatory Act (now, must supply to service to all retail customers). Provides that the acquiring municipality or public entity must honor the terms of any supply contract existing of the effective date of this amendatory Act unless that contract conflicts with another existing supply contract. Makes changes to the procedures concerning a municipality's inspections of the utility's assets and records and provides that the municipality must, upon request, reimburse the utility for the actual, reasonable costs and expenses, excluding attorneys' fees, incurred by the utility as a result of the municipality's inspection and requests for information. Deletes provisions concerning the valuation of the water system. Makes other changes.

House Committee Amendment No. 2
In the Illinois Municipal Code, provides that the Section authorizing the condemnation of the water system does not apply to any public utility company that, on January 1, 2006, supplied a total of 70,000 or fewer meter connections in the State unless and until (i) that public utility company receives approval from the Illinois Commerce Commission for the reorganization of the public utility company or (ii) the majority control of the company changes through a stock sale, a sale of assets, a merger (other than an internal reorganization) or otherwise.

House Committee Amendment No. 3
Adds reference to:
220 ILCS 5/7-213 new

Amends the Public Utilities Act. Provides that, in the event of a sale, purchase, or any other transfer of ownership, including the acquisition by eminent domain, of a water system, operated by a privately-held public water utility, the water utility's contract or agreements with the acquiring entity (or, in the case of an eminent domain action, the court order) must require that the acquiring entity hire a sufficient number of non-supervisory employees to operate and maintain the water system by initially making offers of employment, for a duration of at least 30 months, to the non-supervisory workforce of the water system at no less than the wage rates, and substantially equivalent fringe benefits and terms and conditions of employment that are in effect at the time of transfer of ownership of the water system. Requires that before any reduction in the workforce during a water system transaction, the privately-held public water utility shall present to the employees, or their representatives, a transition plan outlining the means by which the utility intends to mitigate the impact of the workforce reduction of its employees.

 Pension Note (H-AM 1,2,3)(Comm on Gov't Forecasting & Account)
 SB 3046 (H-AM 1,2,3) will not have any impact on any state-funded pension fund or retirement system in Illinois.

 Judicial Note (H-AM 1,2,3)(Admin Office of the Illinois Courts)
 It has been determined that this legislation would neither increase nor decrease the number of judges needed in the State.

 State Debt Impact Note (H-AM 1,2,3) (Gov. Forecasting & Accountability)
 Would not change the amount of authorization for any type of State-issued or State-supported bond, and therefore would not affect the level of State indebtedness.

 Land Conveyance Appraisal Note (H-AM 1,2,3) (Dept. of Transportation)
 As there are no parcels of land being conveyed in this bill, there are no appraisals to be filled by the Department of Transportation.

 Housing Affordability Impact Note (H-AM 1,2,3) (Housing Development Authority)
 Insufficient information to determine a fiscal effect.

 Fiscal Note (H-AM 1,2,3) (Dept of Commerce and Econ Opportunity)
 SB 3046 (H-AM 1,2,3) does not impact State finances. The legislation would only impact municipalities serviced by private water companies. It can be assumed that most affected municipalities could operate in a manner that would likely produce cost savings for private water customers. SB 3046, as amended, would require municipalities that choose to exercise the authority granted by the bill to consider: (1) The evaluation of financial and other records of a company to determine the feasibility of the purchase, which would likely require the contracting of consultants; (2) The valuation language may require the municipality to reimburse the water company for the replacement cost of the equipment and other facilities purchased, even if the equipment or facilities are decades old. Based on these factors, the cost to municipalities would vary across the State. Therefore, to the extent that SB 3046 (H-AM 1,2,3) impacts local revenue, a fiscal impact cannot be estimated at this time.

 State Mandates Fiscal Note (H-AM 1,2,3) (Dept of Commerce and Econ Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, SB 3046 (H-AM 1,2,3) does not create a state mandate under the State Mandates Act.

 Home Rule Note (H-AM 1,2,3) (Dept of Commerce and Econ Opportunity)
 In the opinion of the Department of Commerce and Economic Opportunity, SB 3046 (H-AM 1,2,3) does not pre-empt home rule authority.

Actions 
DateChamber Action
  1/20/2006SenateFiled with Secretary by Sen. Richard J. Winkel, Jr.
  1/20/2006SenateFirst Reading
  1/20/2006SenateReferred to Rules
  2/1/2006SenateAssigned to Local Government
  2/1/2006SenateChief Sponsor Changed to Sen. George P. Shadid
  2/1/2006SenateAdded as Chief Co-Sponsor Sen. Richard J. Winkel, Jr.
  2/1/2006SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty
  2/1/2006SenateSponsor Removed Sen. M. Maggie Crotty
  2/2/2006SenateAdded as Chief Co-Sponsor Sen. Dale E. Risinger
  2/6/2006SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  2/7/2006SenateAdded as Co-Sponsor Sen. Edward D. Maloney
  2/7/2006SenateSponsor Removed Sen. Richard J. Winkel, Jr.
  2/7/2006SenateChief Sponsor Changed to Sen. M. Maggie Crotty
  2/7/2006SenateAdded as Chief Co-Sponsor Sen. George P. Shadid
  2/8/2006SenateDo Pass Local Government; 009-001-000
  2/8/2006SenatePlaced on Calendar Order of 2nd Reading February 9, 2006
  2/9/2006SenateFiscal Note Requested by Sen. Gary G. Dahl
  2/14/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
  2/14/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  2/22/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. M. Maggie Crotty
  2/22/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  2/22/2006SenateAdded as Chief Co-Sponsor Sen. Christine Radogno
  2/23/2006SenateFiscal Note Filed from the Illinois Department of Commerce and Economic Opportunity.
  2/27/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. M. Maggie Crotty
  2/27/2006SenateSenate Floor Amendment No. 3 Referred to Rules
  2/28/2006SenateSenate Floor Amendment No. 1 Rules Refers to Local Government
  2/28/2006SenateSenate Floor Amendment No. 2 Rules Refers to Local Government
  3/1/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Local Government; 009-000-001
  3/1/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Local Government; 009-000-001
  3/1/2006SenateSecond Reading
  3/1/2006SenateSenate Floor Amendment No. 1 Adopted; Crotty
  3/1/2006SenateSenate Floor Amendment No. 2 Adopted; Crotty
  3/1/2006SenatePlaced on Calendar Order of 3rd Reading March 2, 2006
  3/2/2006SenateThird Reading - Passed; 036-017-001
  3/2/2006SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  3/2/2006HouseArrived in House
  3/2/2006HousePlaced on Calendar Order of First Reading
  3/2/2006HouseChief House Sponsor Rep. Renee Kosel
  3/2/2006HouseFirst Reading
  3/2/2006HouseReferred to Rules Committee
  3/8/2006HouseAssigned to Local Government Committee
  3/14/2006HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  3/23/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Local Government Committee
  3/23/2006HouseHouse Committee Amendment No. 2 Filed with Clerk by Local Government Committee
  3/23/2006HouseHouse Committee Amendment No. 3 Filed with Clerk by Local Government Committee
  3/23/2006HouseHouse Committee Amendment No. 1 Adopted in Local Government Committee; by Voice Vote
  3/23/2006HouseHouse Committee Amendment No. 2 Adopted in Local Government Committee; by Voice Vote
  3/23/2006HouseHouse Committee Amendment No. 3 Adopted in Local Government Committee; by Voice Vote
  3/23/2006HouseDo Pass as Amended / Short Debate Local Government Committee; 010-001-000
  3/24/2006HousePlaced on Calendar 2nd Reading - Short Debate
  3/24/2006HousePension Note Filed As Amended by HA 1,2,3
  3/24/2006HouseJudicial Note Filed As Amended by HA 1,2,3
  3/27/2006HouseState Debt Impact Note Filed As Amended by HA 1,2,3
  3/27/2006HouseLand Conveyance Appraisal Note Filed As Amended by HA 1,2,3
  3/29/2006HouseHousing Affordability Impact Note Filed As Amended by HA 1,2,3
  3/29/2006HouseSecond Reading - Short Debate
  3/29/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2006HouseFiscal Note Filed As Amended by HA 1,2,3
  3/30/2006HouseState Mandates Fiscal Note Filed As Amended by HA 1,2,3
  3/30/2006HouseHome Rule Note Filed As Amended by HA 1,2,3
  3/31/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006
  4/3/2006HouseAdded Alternate Chief Co-Sponsor Rep. Aaron Schock
  4/3/2006HouseThird Reading - Short Debate - Passed 100-009-002
  4/4/2006SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,03
  4/4/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,03-April 5, 2006
  4/4/2006SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
  4/4/2006SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  4/4/2006SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
  4/4/2006SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Rules
  4/4/2006SenateHouse Committee Amendment No. 3 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty
  4/4/2006SenateHouse Committee Amendment No. 3 Motion to Concur Referred to Rules
  4/5/2006SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Local Government
  4/5/2006SenateHouse Committee Amendment No. 2 Motion to Concur Rules Referred to Local Government
  4/5/2006SenateHouse Committee Amendment No. 3 Motion to Concur Rules Referred to Local Government
  4/5/2006SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 009-001-000
  4/5/2006SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Local Government; 009-001-000
  4/5/2006SenateHouse Committee Amendment No. 3 Motion To Concur Recommended Do Adopt Local Government; 009-001-000
  4/6/2006SenateHouse Committee Amendment No. 1 Senate Concurs 055-001-000
  4/6/2006SenateHouse Committee Amendment No. 2 Senate Concurs 055-001-000
  4/6/2006SenateHouse Committee Amendment No. 3 Senate Concurs 055-001-000
  4/6/2006SenatePassed Both Houses
  5/5/2006SenateSent to the Governor
  7/3/2006SenateGovernor Approved
  7/3/2006SenateEffective Date January 1, 2007
  7/3/2006SenatePublic Act . . . . . . . . . 94-1007

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