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093_HB3402sam002
LRB093 09164 MKM 16673 a
1 AMENDMENT TO HOUSE BILL 3402
2 AMENDMENT NO. . Amend House Bill 3402, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning local government."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois State Auditing Act is amended by
8 changing Section 3-1 as follows:
9 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
10 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
11 General has jurisdiction over all State agencies to make post
12 audits and investigations authorized by or under this Act or
13 the Constitution.
14 The Auditor General has jurisdiction over local
15 government agencies and private agencies only:
16 (a) to make such post audits authorized by or under
17 this Act as are necessary and incidental to a post audit
18 of a State agency or of a program administered by a State
19 agency involving public funds of the State, but this
20 jurisdiction does not include any authority to review
21 local governmental agencies in the obligation, receipt,
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1 expenditure or use of public funds of the State that are
2 granted without limitation or condition imposed by law,
3 other than the general limitation that such funds be used
4 for public purposes;
5 (b) to make investigations authorized by or under
6 this Act or the Constitution; and
7 (c) to make audits of the records of local
8 government agencies to verify actual costs of
9 state-mandated programs when directed to do so by the
10 Legislative Audit Commission at the request of the State
11 Board of Appeals under the State Mandates Act.
12 In addition to the foregoing, the Auditor General may
13 conduct an audit of the Metropolitan Pier and Exposition
14 Authority, the Regional Transportation Authority, the
15 Suburban Bus Division, the Commuter Rail Division and the
16 Chicago Transit Authority and any other subsidized carrier
17 when authorized by the Legislative Audit Commission. Such
18 audit may be a financial, management or program audit, or any
19 combination thereof.
20 The audit shall determine whether they are operating in
21 accordance with all applicable laws and regulations. Subject
22 to the limitations of this Act, the Legislative Audit
23 Commission may by resolution specify additional
24 determinations to be included in the scope of the audit.
25 In addition to the foregoing, the Auditor General must
26 also conduct a financial audit of the Illinois Sports
27 Facilities Authority's expenditures of public funds in
28 connection with the reconstruction, renovation, remodeling,
29 extension, or improvement of all or substantially all of any
30 existing "facility", as that term is defined in the Illinois
31 Sports Facilities Authority Act.
32 The Auditor General may also conduct an audit, when
33 authorized by the Legislative Audit Commission, of any
34 hospital which receives 10% or more of its gross revenues
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1 from payments from the State of Illinois, Department of
2 Public Aid, Medical Assistance Program.
3 The Auditor General is authorized to conduct financial
4 and compliance audits of the Illinois Distance Learning
5 Foundation and the Illinois Conservation Foundation.
6 As soon as practical after the effective date of this
7 amendatory Act of 1995, the Auditor General shall conduct a
8 compliance and management audit of the City of Chicago and
9 any other entity with regard to the operation of Chicago
10 O'Hare International Airport, Chicago Midway Airport and
11 Merrill C. Meigs Field. The audit shall include, but not be
12 limited to, an examination of revenues, expenses, and
13 transfers of funds; purchasing and contracting policies and
14 practices; staffing levels; and hiring practices and
15 procedures. When completed, the audit required by this
16 paragraph shall be distributed in accordance with Section
17 3-14.
18 The Auditor General shall conduct a financial and
19 compliance and program audit of distributions from the
20 Municipal Economic Development Fund during the immediately
21 preceding calendar year pursuant to Section 8-403.1 of the
22 Public Utilities Act at no cost to the city, village, or
23 incorporated town that received the distributions.
24 The Auditor General must conduct an audit of the Health
25 Facilities Planning Board pursuant to Section 19.5 of the
26 Illinois Health Facilities Planning Act.
27 The Auditor General must conduct an annual audit of the
28 water fund of a county water commission organized pursuant to
29 the Water Commission Act of 1985.
30 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00;
31 91-935, eff. 6-1-01.)
32 Section 10. The Illinois Municipal Code is amended by
33 changing Section 11-124-1 as follows:
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1 (65 ILCS 5/11-124-1) (from Ch. 24, par. 11-124-1)
2 Sec. 11-124-1. Contracts for supply of water.
3 (a) The corporate authorities of each municipality may
4 contract with any person, corporation, municipal corporation,
5 political subdivision, public water district or any other
6 agency for a supply of water. Any such contract entered into
7 by a municipality shall provide that payments to be made
8 thereunder shall be solely from the revenues to be derived
9 from the operation of the waterworks system of the
10 municipality, and the contract shall be a continuing valid
11 and binding obligation of the municipality payable from the
12 revenues derived from the operation of the waterworks system
13 of the municipality for the period of years, not to exceed
14 40, as may be provided in such contract. Any such contract
15 shall not be a debt within the meaning of any constitutional
16 or statutory limitation. No prior appropriation shall be
17 required before entering into such a contract and no
18 appropriation shall be required to authorize payments to be
19 made under the terms of any such contract notwithstanding any
20 provision in this Code to the contrary. (a) Payments to be
21 made under any such contract shall be an operation and
22 maintenance expense of the waterworks system of the
23 municipality. Any such contract made by a municipality for a
24 supply of water may contain provisions whereby the
25 municipality is obligated to pay for such supply of water
26 without setoff or counterclaim and irrespective of whether
27 such supply of water is ever furnished, made available or
28 delivered to the municipality or whether any project for the
29 supply of water contemplated by any such contract is
30 completed, operable or operating and notwithstanding any
31 suspension, interruption, interference, reduction or
32 curtailment of the supply of water from such project. Any
33 such contract may provide that if one or more of the other
34 purchasers of water defaults in the payment of its
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1 obligations under such contract or a similar contract made
2 with the supplier of the water, one or more of the remaining
3 purchasers party to such contract or such similar contract
4 shall be required to pay for all or a portion of the
5 obligations of the defaulting purchasers. (b) Payments to be
6 made under any such contract with a municipal joint action
7 water agency under the Intergovernmental Cooperation Act
8 shall be an operation and maintenance expense of the
9 waterworks system of the municipality. Any such contract
10 made by a municipality for a supply of water with a municipal
11 joint action water agency under the provisions of the
12 Intergovernmental Cooperation Act may contain provisions
13 whereby the municipality is obligated to pay for such supply
14 of water without setoff or counterclaim and irrespective of
15 whether such supply of water is ever furnished, made
16 available or delivered to the municipality or whether any
17 project for the supply of water contemplated by any such
18 contract is completed, operable or operating and
19 notwithstanding any suspension, interruption, interference,
20 reduction or curtailment of the supply of water from such
21 project. Any such contract with a municipal joint action
22 water agency may provide that if one or more of the other
23 purchasers of water defaults in the payment of its
24 obligations under such contract or a similar contract made
25 with the supplier of the water, one or more of the remaining
26 purchasers party to such contract or such similar contract
27 shall be required to pay for all or a portion of the
28 obligations of the defaulting purchasers.
29 The changes in this Section made by these amendatory Acts
30 of 1984 are intended to be declarative of existing law.
31 (b) A municipality with a water supply contract with a
32 county water commission organized pursuant to the Water
33 Commission Act of 1985 shall provide water to unincorporated
34 areas of that home county in accordance with the terms of
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1 this subsection. The provision of water by the municipality
2 shall be in accordance with a mandate of the home county as
3 provided in Section 0.01 of the Water Commission Act of 1985.
4 A home rule unit may not provide water in a manner that is
5 inconsistent with the provisions of this amendatory Act of
6 the 93rd General Assembly. This subsection is a limitation
7 under subsection (i) of Section 6 of Article VII of the
8 Illinois Constitution on the concurrent exercise by home rule
9 units of powers and functions exercised by the State.
10 (Source: P.A. 83-1123; 83-1524.)
11 Section 15. The Water Commission Act of 1985 is amended
12 by changing Section 2 and by adding Sections 0.01, 0.02,
13 0.03, 0.04, and 0.05 as follows:
14 (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252)
15 Sec. 2. The General Assembly hereby finds and declares
16 that it is necessary and in the public interest to help
17 assure a sufficient and economic supply of a source of water
18 within those county wide areas of this State where, because
19 of a growth in population and proximity to large urban
20 centers, the health, safety and welfare of the residents is
21 threatened by an ever increasing shortage of a continuing,
22 available and adequate source and supply of water on an
23 economically reasonable basis; however, it is not the intent
24 of the General Assembly to interfere with the power of
25 municipalities to provide for the retail distribution of
26 water to their residents or the customers of their water
27 systems. Therefore, in order to provide for a sufficient and
28 economic supply of water to such areas, it is hereby declared
29 to be the law of this State that:
30 (a) With respect to any water commission constituted
31 pursuant to Division 135 of the Illinois Municipal Code or
32 established by operation of law under Public Act 83-1123, as
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1 amended, which water commission includes municipalities which
2 in the aggregate have within their corporate limits more than
3 50% of the population of a county (hereinafter referred to as
4 a "home county"), and such county is contiguous to a county
5 which has a population in excess of 1,000,000 inhabitants,
6 the provisions of this Act shall apply. With respect to any
7 such water commission (hereinafter referred to as a "county
8 water commission"):
9 (i) the terms of all commissioners of such
10 commission holding office at the time a water commission
11 becomes a county water commission shall terminate 30 days
12 after such time and new commissioners shall be appointed
13 as the governing board of the county water commission as
14 hereinafter provided in subsection (c); and
15 (ii) the county water commission shall continue to
16 be a body corporate and politic, and shall bear the name
17 of the home county but shall be independent from and not
18 a part of the county government and shall itself be a
19 political subdivision and a unit of local government, and
20 upon appointment of the new commissioners as the
21 governing board of such water commission as provided in
22 subsection (c), such water commission shall remain
23 responsible for the full payment of, and shall by
24 operation of law be deemed to have assumed and shall pay
25 when due all debts and obligations of the commission as
26 the same is constituted and as such debts and obligations
27 existed on the date such water commission becomes a
28 county water commission and such additional debts and
29 obligations as are incurred by such commission after such
30 date and prior to the appointment of the new
31 commissioners as the governing board of such commission,
32 and further shall continue to have and exercise all
33 powers and functions and duties of a water commission
34 created pursuant to Division 135 of the Illinois
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1 Municipal Code, as now or hereafter amended, and the
2 county water commission may rely on that Division, as
3 modified and supplemented by the provisions of this Act,
4 as lawful authority under which it may act.
5 (b) Any county water commission shall have as its
6 territory within its corporate limits, subject to taxation
7 for its purposes, and subject to the powers and limitations
8 as conferred by this Act, (i) all of the territory of the
9 home county except that territory located within the
10 corporate limits of excluded units as hereinafter defined and
11 (ii) also all of the territory located outside the home
12 county and included within the corporate limits of an
13 included unit as hereinafter defined. As used in this Act,
14 "excluded unit" means a unit of local government having a
15 waterworks system and having within its corporate limits
16 territory within the home county and which, at the time any
17 commission becomes a county water commission, receives, or
18 has contracted at such time for the receipt of, more than 25%
19 of the water distributed by such unit's water system from a
20 source outside of the home county. As used in this Section,
21 "included unit" means any unit of local government having a
22 waterworks system and having within its corporate limits
23 territory within the home county, which unit of local
24 government is not an excluded unit. No other water
25 commission shall be constituted under Division 135 of the
26 Illinois Municipal Code in any home county after the
27 effective date of this Act to provide water from any source
28 located outside the home county. Except as authorized by a
29 county water commission, no home county or included unit
30 shall enter into any new or renew or extend any existing
31 contract, agreement or other arrangement for the acquisition
32 or sale of water from any source located outside a home
33 county; provided, however, that any included unit may
34 contract for a supply of water in case of a temporary
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1 emergency from any other unit of local government or any
2 entity. In the event that any included unit elects to serve
3 retail customers outside its corporate boundaries and to
4 establish rates and charges for such water in excess of those
5 charged within its corporate boundaries, such rates and
6 charges shall have a reasonable relationship to the actual
7 cost of providing and delivering the water; this provision is
8 declarative of existing law. It is declared to be the law of
9 this State pursuant to paragraphs (g) and (h) of Section 6 of
10 Article VII of the Illinois Constitution that in any home
11 county, the provisions of this Act and Division 135 of the
12 Illinois Municipal Code, as modified and supplemented by this
13 Act and this amendatory Act of the 93rd General Assembly,
14 constitute a limitation upon the power of any such county and
15 upon all units of local government (except excluded units)
16 within such county, including home rule units, limiting to
17 such county, units of local government and home rule units
18 the power to acquire, supply or distribute water or to
19 establish any water commission for such purposes involving
20 water from any source located outside the home county in a
21 manner other than as provided or permitted by this Act and
22 Division 135, as modified and supplemented by this Act, and
23 further constitute an exercise of exclusive State power with
24 respect to the acquisition, supply and distribution of water
25 from any source located outside the home county by any such
26 county and by units of local government (except excluded
27 units), including home rule units, within such county and
28 with respect to the establishment for such purposes of any
29 water commission therein, which power may not be exercised
30 concurrently by any unit of local government or home rule
31 unit. Upon the request of any included unit, a county water
32 commission shall provide such included unit Lake Michigan
33 water in an amount up to the then current Department of
34 Transportation allocation of Lake Michigan water for such
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1 included unit.
2 With respect to a water commission to which the
3 provisions of subsection (a) apply, all uninhabited territory
4 that is owned and solely occupied by such a commission and is
5 located not within its home county but within a non-home rule
6 municipality adjacent to its home county shall,
7 notwithstanding any other provision of law, be disconnected
8 from that municipality by operation of this Act on the
9 effective date of this amendatory Act of 1991, and shall
10 thereafter no longer be within the territory of the
11 municipality for any purpose; except that for the purposes of
12 any statute that requires contiguity of territory, the
13 territory of the water commission shall be disregarded and
14 the municipality shall not be deemed to be noncontiguous by
15 virtue of the disconnection of the water commission
16 territory.
17 (c) The governing body of any water commission to which
18 the provisions of subsection (a) apply shall be a board of
19 commissioners, each to be appointed within 30 days after the
20 water commission becomes a county water commission to a term
21 commencing on such date, as follows:
22 (i) one commissioner, who shall serve as chairman,
23 who shall be a resident of the home county, to be
24 appointed by the chairman of the county board of such
25 county with the advice and consent of the county board,
26 provided that following the expiration of the term or
27 vacancy of the current chairman serving on the effective
28 date of this amendatory Act of the 93rd General Assembly,
29 any subsequent appointment as chairman shall also be
30 subject to the advice and consent of the county water
31 commission;
32 (ii) one commissioner from each county board
33 district within the home county, to be appointed by the
34 chairman of the county board of the home county with the
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1 advice and consent of the county board; and
2 (iii) one commissioner from each county board
3 district within the home county, to be appointed by the
4 majority vote of the mayors of those included units which
5 are municipalities and which have the greatest percentage
6 of their respective populations residing within such
7 county board district of the home county.
8 The mayors of the respective county board districts shall
9 meet for the purpose of making said respective appointments
10 at a time and place designated by that mayor in each county
11 board district of the included unit with the largest
12 population voting for a commissioner upon not less than 10
13 days' written notice to each other mayor entitled to vote.
14 The commissioners so appointed shall serve for a term of
15 6 years, or until their successors have been appointed and
16 have qualified in the same manner as the original
17 appointments, except that at the first meeting of such
18 commissioners, (A) the commissioners first appointed pursuant
19 to paragraph (ii) of this subsection shall determine publicly
20 by lot 1/3 of their number to serve for terms of 2 years, 1/3
21 of their number to serve for terms of 4 years and 1/3 of
22 their number to serve for terms of 6 years, any odd number of
23 commissioners so determined by dividing into thirds to serve
24 6 year terms, and (B) the commissioners first appointed
25 pursuant to paragraph (iii) of this subsection shall
26 determine publicly by lot 1/3 of their number to serve for
27 terms of 2 years, 1/3 of their number to serve for terms of 4
28 years and 1/3 of their number to serve for terms of 6 years,
29 any odd number of commissioners so determined by dividing
30 into thirds to serve 6 year terms. The commissioner first
31 appointed pursuant to paragraph (i) of this subsection, who
32 shall serve as chairman, shall serve for a term of 6 years.
33 Any commissioner may be a member of the governing board or an
34 officer or employee of such county or any unit of local
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1 government within such county. A commissioner is eligible
2 for reappointment upon the expiration of his term. A vacancy
3 in the office of a commissioner shall be filled for the
4 balance of the unexpired term by appointment and
5 qualification as to residency in the same manner as the
6 original appointment was made. Each commissioner shall
7 receive the same compensation which shall not be more than
8 $600 per year, except that no such commissioner who is a
9 member of the governing board or an officer or employee of
10 such county or any unit of local government within such
11 county may receive any compensation for serving as a
12 commissioner. Each commissioner may be removed by the
13 appointing authority for any cause for which any other county
14 or municipal officer may be removed. The county water
15 commission shall determine its own rules of proceeding. A
16 quorum shall be a majority of the commissioners then in
17 office. All ordinances or resolutions shall be passed by not
18 less than a majority of a quorum. No commissioner or
19 employee of the commission, no member of the county board or
20 other official elected within such county, no mayor or
21 president or other member of the corporate authorities of any
22 unit of local government within such county, and no employee
23 of such county or any such unit of local government, shall be
24 interested directly or indirectly in any contract or job of
25 work or materials, or the profits thereof, or services to be
26 performed for or by the commission. A violation of any of
27 the foregoing provisions of this subsection is a Class C
28 misdemeanor. A conviction is cause for the removal of a
29 person from his office or employment.
30 (d) Except as provided in subsection (g), subject to the
31 referendum provided for in subsection (e), a county water
32 commission may borrow money for corporate purposes on the
33 credit of the commission, and issue general obligation bonds
34 therefor, in such amounts and form and on such conditions as
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1 it shall prescribe, but shall not become indebted in any
2 manner or for any purpose in an amount including existing
3 indebtedness in the aggregate to exceed 5.75% of the
4 aggregate value of the taxable property within the
5 territorial boundaries of the county water commission, as
6 equalized and assessed by the Department of Revenue and as
7 most recently available at the time of the issue of said
8 bonds. Before or at the time of incurring any indebtedness,
9 except as provided in subsection (g), the commission shall
10 provide for the collection of a direct annual tax, which
11 shall be unlimited as to rate or amount, sufficient to pay
12 the interest on such debt as it falls due and also to pay and
13 discharge the principal thereof at maturity, which shall be
14 within 40 years after the date of issue thereof. Such tax
15 shall be levied upon and collected from all of the taxable
16 property within the territory of the county water commission.
17 Dissolution of the county water commission for any reason
18 shall not relieve the taxable property within such territory
19 of the county water commission from liability for such tax.
20 The clerk of the commission shall file a certified copy of
21 the resolution or ordinance by which such bonds are
22 authorized to be issued and such tax is levied with the
23 County Clerk of each county in which any of the territory of
24 the county water commission is located and such filing shall
25 constitute, without the doing of any other act, full and
26 complete authority for each such County Clerk to extend such
27 tax for collection upon all the taxable property within the
28 territory of the county water commission subject to such tax
29 in each and every year required sufficient to pay the
30 principal of and interest on such bonds, as aforesaid,
31 without limit as to rate or amount, and shall be in addition
32 to and in excess of all other taxes authorized to be levied
33 by the commission or any included unit. The general
34 obligation bonds shall be issued pursuant to an ordinance or
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1 resolution and may be issued in one or more series, and shall
2 bear such date or dates, mature at such time or times and in
3 any event not more than 40 years from the date thereof, be
4 sold at such price at private or public sale as determined by
5 a county water commission, bear interest at such rate or
6 rates such that the net effective interest rate received upon
7 the sale of such bonds does not exceed the maximum rate
8 determined under Section 2 of the Bond Authorization Act,
9 which rates may be fixed or variable, be in such
10 denominations, be in such form, either coupon or registered,
11 carry such conversion, registration, and exchange privileges,
12 be executed in such manner, be payable in such medium of
13 payment at such place or places within or without the State
14 of Illinois, be subject to such terms of redemption, and
15 contain or be subject to such other terms as the ordinance or
16 resolution may provide, and shall not be restricted by the
17 provisions of any other terms of obligations of public
18 agencies or private persons.
19 (e) No issue of general obligation bonds by a county
20 water commission (except bonds to refund an existing bonded
21 indebtedness) shall be authorized unless the commission
22 certifies the proposition of issuing such bonds to the proper
23 election officials, who shall submit the proposition to the
24 voters at an election in accordance with the general election
25 law, and the proposition has been approved by a majority of
26 those voting on the proposition.
27 The proposition shall be in the form provided in Section
28 5 or shall be substantially in the following form:
29 -------------------------------------------------------------
30 Shall general obligation
31 bonds for the purpose of
32 (state purpose), in the YES
33 sum of $....(insert amount), -----------------------------
34 be issued by the ......... NO
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1 (insert corporate name of
2 the county water commission)?
3 -------------------------------------------------------------
4 (f) In order to carry out and perform its powers and
5 functions and duties under the provisions of this Act and
6 Division 135 of the Illinois Municipal Code, as modified and
7 supplemented by this Act, the governing body of any county
8 water commission may by ordinance levy annually upon all
9 taxable property within its territory a tax at a rate not to
10 exceed .005% of the value of such property, as equalized or
11 assessed by the Department of Revenue for the year in which
12 the levy is made. In addition, any county water commission
13 may by ordinance levy upon all taxable property within its
14 territory, for one year only, an additional tax for such
15 purposes at a rate not to exceed .20% of the value of such
16 property, as equalized or assessed by the Department of
17 Revenue for that year; provided, however, that such tax may
18 not be levied more than once in any county water commission.
19 (g) Any county water commission shall have the power to
20 borrow money, subject to the indebtedness limitation provided
21 in subsection (d), from the home county or included units, in
22 such amounts and in such terms as agreed by the governing
23 bodies of the commission and the home county or included
24 units.
25 (h) No county water commission constituted pursuant to
26 the Act shall engage in the retail sale or distribution of
27 water to residents or customers of any municipality.
28 (i) Nothing in the Section requires any municipality to
29 contract with a county water commission for a supply of
30 water.
31 (j) The State of Illinois recognizes that any such
32 contract for the supply of water executed by a unit of local
33 government and a county water commission may contain terms
34 and conditions intended by the parties thereto to be absolute
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1 conditions thereof. The State of Illinois also recognizes
2 that persons may loan funds to a county water commission
3 (including, without limitation, the purchase of revenue or
4 general obligation bonds of such commission) in reliance upon
5 the terms and conditions of any such contract for the supply
6 of water. Therefore, the State of Illinois pledges and
7 agrees to those parties and persons which make loans of funds
8 to a county water commission that it will not impair or limit
9 the power or ability of a county water commission or a unit
10 of local government fully to carry out the financial
11 obligations and obligation to furnish water pursuant to the
12 terms of any contract for the supply of water entered into by
13 such county water commission or unit of local government for
14 the term of such contracts or loans. All other terms and
15 conditions of such contracts and intergovernmental agreements
16 shall be binding to the extent that they are not inconsistent
17 with this amendatory Act of the 93rd General Assembly.
18 (Source: P.A. 87-145.)
19 (70 ILCS 3720/0.01 new)
20 Sec. 0.01. Service to areas with contaminated or tainted
21 water.
22 (a) Notwithstanding the terms of a water supply contract
23 existing on the effective date of this amendatory Act of the
24 93rd General Assembly, a municipality with a water supply
25 contract with a county water commission must provide water to
26 territories outside that municipality, provided that the
27 territory to be served currently receives well water that is
28 tainted or contaminated. The home county board must find that
29 the water supply in such territory is tainted or contaminated
30 such that the health of persons served in that territory is
31 likely to be adversely affected now or in the future. The
32 county water commission shall determine which municipality in
33 the home county is most appropriate for supplying water to
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1 the territory with the contaminated wells within 30 days of a
2 county board finding that there is a tainted or contaminated
3 water supply.
4 The municipality shall provide access to water for such
5 territory no later than 90 days after the county water
6 commission has determined by resolution that the municipality
7 is the most appropriate municipality for providing access to
8 water for the territory. "Access to water" includes access
9 through the municipal main, but the municipality need not
10 otherwise provide infrastructure to deliver water from the
11 municipal main. The municipality may sell water to such
12 territory at a rate higher than the rate charged to municipal
13 customers, in accordance with existing law.
14 (b) Unless otherwise provided by law, property in
15 unincorporated territory receiving water pursuant to
16 subsection (a) of this Section shall not be annexed without
17 consent of the owner of the property. A municipality's
18 furnishing water pursuant to subsection (a) of this Section
19 may not be conditioned on an agreement to annex. "Owner" for
20 the purpose of this subsection is any person or persons in
21 title, or in the case of property owned in trust, having the
22 beneficial ownership of such property, who owned the property
23 on the date water is first so received pursuant to subsection
24 (a) of this Section. Upon transfer of ownership of such
25 property, the municipality may annex it by ordinance.
26 (c) This amendatory Act of the 93rd General Assembly is
27 a limitation under subsection (i) of Section 6 of Article VII
28 of the Illinois Constitution on the concurrent exercise by
29 home rule units of powers and functions exercised by the
30 State.
31 (70 ILCS 3720/0.02 new)
32 Sec. 0.02. Rate equalization. Notwithstanding the terms
33 of a water supply contract existing on the effective date of
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1 this amendatory Act of the 93rd General Assembly, all parties
2 to a water supply contract with a county water commission,
3 irrespective of whether such party is a charter member or
4 subsequent entrant, shall pay rates equal to the rates paid
5 by other parties to such water supply contract and shall not
6 pay any additional fees, costs, or differentials as a
7 condition of becoming a party to such water supply contract.
8 Subsequent entrants to a water supply contract shall pay
9 their pro-rata portion of the original capital costs less any
10 rebates and the actual costs of connection to the water
11 commission system.
12 (70 ILCS 3720/0.03 new)
13 Sec. 0.03. Water subsidy guaranty. Except to satisfy
14 the obligations of persons who loaned funds to the county
15 water commission, the water rates charged to municipalities
16 that are in effect on the effective date of this amendatory
17 Act of the 93rd General Assembly may not be increased for a
18 period of 5 years.
19 (70 ILCS 3720/0.04 new)
20 Sec. 0.04. Five-year annual transfer of funds to home
21 county. Beginning July 1, 2003 and prior to July 1 of each
22 year through and including 2007, each county water commission
23 shall from any legally available sources transfer the sum of
24 $15,000,000 to the county board of the home county to be used
25 for county purposes. This amendatory Act of the 93rd General
26 Assembly is subordinate to any legally required payment of
27 principal, interest, or required reserve pursuant to the
28 county water commission's debt obligations.
29 (70 ILCS 3720/0.05 new)
30 Sec. 0.05. Home rule. A municipality, including a home
31 rule unit, must regulate its water systems and provide access
-19- LRB093 09164 MKM 16673 a
1 to water as required under the provisions of this amendatory
2 Act of the 93rd General Assembly. This Section is a denial
3 and limitation under subsection (i) of Section 6 of Article
4 VII of the Illinois Constitution on the concurrent exercise
5 by home rule units of powers and functions exercised by the
6 State.
7 Section 90. The State Mandates Act is amended by adding
8 Section 8.27 as follows:
9 (30 ILCS 805/8.27 new)
10 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
11 and 8 of this Act, no reimbursement by the State is required
12 for the implementation of any mandate created by this
13 amendatory Act of the 93rd General Assembly.
14 Section 97. Severability. The provisions of this Act
15 are severable under Section 1.31 of the Statute on Statutes.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".
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