Full Text of HB4708 96th General Assembly
HB4708sam001 96TH GENERAL ASSEMBLY
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Sen. Dan Cronin
Filed: 4/26/2010
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| AMENDMENT TO HOUSE BILL 4708
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| AMENDMENT NO. ______. Amend House Bill 4708 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. If and only if Senate Bill 580 of the 96th | 5 |
| General Assembly becomes law, the Counties Code is amended by | 6 |
| changing Sections 5-43000, 5-43005, and 5-43030 as follows:
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| (55 ILCS 5/5-43000) | 8 |
| Sec. 5-43000. Purpose and findings. It is the purpose of | 9 |
| this Division 5-43 to merge and consolidate county water | 10 |
| commissions located in whole or in part in DuPage County and | 11 |
| created under the provisions of Division 135 of the Illinois | 12 |
| Municipal Code or the Water Commission Act of 1985 and to | 13 |
| transfer governance of those water commissions to the county | 14 |
| board of the primary county encompassing the municipality and | 15 |
| units of local government served by the county water | 16 |
| commission. |
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| The General Assembly finds that numerous economic | 2 |
| challenges, unprecedented in scope and scale, confront the | 3 |
| State. The General Assembly also finds that the State has a | 4 |
| compelling interest in reducing the economic and | 5 |
| administrative inefficiencies resulting from multiple units of | 6 |
| local government conducting related public services. In | 7 |
| response to the realities of the current economic times, in an | 8 |
| effort to increase administrative efficiency, and in an effort | 9 |
| to reduce the multiplicity of units of local government | 10 |
| conducting related public services, this Division 5-43 is | 11 |
| intended to (i) preserve the separate and distinct public | 12 |
| service of a county water commission to assure the sufficient | 13 |
| and economic provision of a water distribution service within | 14 |
| those county-wide areas in need, (ii) assign, merge, and | 15 |
| consolidate governance and legislative authority assigned to | 16 |
| water commission boards to the county of primary location, and | 17 |
| (iii) maintain the independent power of municipalities to | 18 |
| provide for the retail distribution of water to their residents | 19 |
| and customers of their municipal waterworks systems. | 20 |
| The changes made by this amendatory Act of the 96th General | 21 |
| Assembly are intended to save costs by eliminating an | 22 |
| unnecessary additional level of government, make the | 23 |
| governance of the water distribution systems more responsive to | 24 |
| the electors and water users, serve more equitably the | 25 |
| municipalities receiving water, ensure the financial viability | 26 |
| of the water distribution systems, spread the costs of the |
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| water distribution systems more equitably among the users, | 2 |
| ensure proper financial and operational oversight, and ensure | 3 |
| that government services are delivered in a transparent and | 4 |
| responsible manner. | 5 |
| It is not the intent of this amendatory Act of the 96th | 6 |
| General Assembly to change or permit the changing of any | 7 |
| financial covenants or obligations of a water commission | 8 |
| located in whole or in part in DuPage County and previously | 9 |
| established under Division 135 of the Illinois Municipal Code | 10 |
| or the Water Commission Act of 1985.
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| (Source: 09600SB0580eng.)
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| (55 ILCS 5/5-43005) | 13 |
| Sec. 5-43005. Consolidation and reassignment of authority. | 14 |
| Each county that is the primary county served by a water | 15 |
| commission located in whole or in part in DuPage County and | 16 |
| previously formed under Division 135 of the Illinois Municipal | 17 |
| Code or the Water Commission Act of 1985 is vested with all | 18 |
| powers vested in such water commissions whose authority is | 19 |
| abrogated under the provisions of this amendatory Act of the | 20 |
| 96th General Assembly. On and after December 1, 2010, all | 21 |
| powers vested in such water commissioners or water commissions | 22 |
| with regard to the operation and maintenance of a county water | 23 |
| distribution system shall be exercised by the county of primary | 24 |
| service.
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| (Source: 09600SB0580eng.) |
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| (55 ILCS 5/5-43030) | 2 |
| Sec. 5-43030. Water distribution and supply powers. On and | 3 |
| after December 1, 2010, all governance powers previously | 4 |
| delegated to a county water commission located in whole or in | 5 |
| part in DuPage County and formed under Division 135 of the | 6 |
| Illinois Municipal Code or the Water Commission Act of 1985 are | 7 |
| assigned to, transferred to, modified for, and consolidated in | 8 |
| the county board of the primary county served by the water | 9 |
| commission. As a result, the county shall have all powers, | 10 |
| functions, and taxing authority assigned to a water commission | 11 |
| located in whole or in part in DuPage County and formed under | 12 |
| Division 135 of the Illinois Municipal Code, as well as all | 13 |
| other powers, functions, and taxing authority assigned to a | 14 |
| water commission formed under the Water Commission Act of 1985, | 15 |
| and counties to which such water commission powers and | 16 |
| authorities have been reassigned may rely on Division 135 of | 17 |
| the Illinois Municipal Code and the Water Commission Act of | 18 |
| 1985, as a delegation of additional State authority to act. | 19 |
| A county served by a water commission where governance and | 20 |
| legislative authority have been consolidated and transferred | 21 |
| to the county under this amendatory Act of the 96th General | 22 |
| Assembly, shall assume the assets, property, powers, rights, | 23 |
| and monetary indebtedness of the predecessor consolidated | 24 |
| water commission, including, but not limited to: | 25 |
| (1) Authority to maintain and continue to collect any |
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| property tax levy or sales tax lawfully approved by the | 2 |
| predecessor consolidated water commission prior to the | 3 |
| effective date of this amendatory Act of the 96th General | 4 |
| Assembly. | 5 |
| (2) Authority to impose and receive those property | 6 |
| taxes and occupation and use taxes authorized in Sections | 7 |
| 2, 4, and 5 of the Water Commission Act of 1985. | 8 |
| (3) Authority to assume the succeeding interest in the | 9 |
| Great Lakes water allocation assigned by the Illinois | 10 |
| Department of Natural Resources to the predecessor | 11 |
| consolidated water commission. | 12 |
| (4) Authority to exercise those powers delegated to | 13 |
| water commissions under Division 135 of the Illinois | 14 |
| Municipal Code or the Water Commission Act of 1985, within | 15 |
| the territory authorized by those Acts, notwithstanding | 16 |
| that some of the territory may lie outside of the county.
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| (Source: 09600SB0580eng.) | 18 |
| Section 10. If and only if Senate Bill 580 of the 96th | 19 |
| General Assembly becomes law, the Illinois Municipal Code is | 20 |
| amended by changing Sections 11-135-15 and 11-135-20 as | 21 |
| follows:
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| (65 ILCS 5/11-135-15) | 23 |
| Sec. 11-135-15. Purpose. It is the purpose of this | 24 |
| amendatory Act of the 96th General Assembly to abrogate the |
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LRB096 16008 RLJ 40646 a |
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| powers of water commissions located in whole or in part in | 2 |
| DuPage County and created by this Act and to consolidate and | 3 |
| reassign those powers to the respective primary counties that | 4 |
| are served by those water commissions. The purposes and goals | 5 |
| of this amendatory Act of the 96th General Assembly are further | 6 |
| reflected and incorporated in Division 5-43 of the Counties | 7 |
| Code.
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| (Source: 09600SB0580eng.)
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| (65 ILCS 5/11-135-20) | 10 |
| Sec. 11-135-20. Consolidation and abrogation of power. | 11 |
| Notwithstanding any provision of law to the contrary, the | 12 |
| powers previously assigned to water commissions located in | 13 |
| whole or in part in DuPage County and created under this Act | 14 |
| and the Water Commission Act of 1985 are abrogated, reassigned, | 15 |
| and consolidated to the primary county serviced by such water | 16 |
| commission on December 10, 2010. The terms of abrogation, | 17 |
| reassignment, and consolidation are as set forth in Division | 18 |
| 5-43 of the Counties Code.
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| (Source: 09600SB0580eng.) | 20 |
| Section 15. If and only if Senate Bill 580 of the 96th | 21 |
| General Assembly becomes law, the Water Commission Act of 1985 | 22 |
| is amended by changing Sections 0.001 and 0.001a as follows:
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| (70 ILCS 3720/0.001) |
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| Sec. 0.001. Purpose. It is the purpose of this amendatory | 2 |
| Act of the 96th General Assembly to abrogate the powers of | 3 |
| water commissions located in whole or in part in DuPage County | 4 |
| and created by this Act and to consolidate and reassign those | 5 |
| powers to the respective primary counties that are served by | 6 |
| those water commissions. The purposes and goals of this | 7 |
| amendatory Act of the 96th General Assembly are further | 8 |
| reflected and incorporated in Division 5-43 of the Counties | 9 |
| Code.
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| (Source: 09600SB0580eng.)
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| (70 ILCS 3720/0.001a) | 12 |
| Sec. 0.001a. Consolidation and abrogation of power. | 13 |
| Notwithstanding any provision of law to the contrary, the | 14 |
| powers previously assigned to water commissions located in | 15 |
| whole or in part in DuPage County and created under this Act | 16 |
| and Division 135 of the Illinois Municipal Code are abrogated, | 17 |
| reassigned, and consolidated to the primary county serviced by | 18 |
| such water commission on December 10, 2010. The terms of | 19 |
| abrogation, reassignment, and consolidation are as set forth in | 20 |
| Division 5-43 of the Counties Code.
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| (Source: 09600SB0580eng.) | 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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