Full Text of SB0580 96th General Assembly
SB0580sam002 96TH GENERAL ASSEMBLY
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Sen. Dan Cronin
Filed: 3/23/2010
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LRB096 06644 RLJ 39469 a |
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| AMENDMENT TO SENATE BILL 580
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| AMENDMENT NO. ______. Amend Senate Bill 580 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Sections 5-1012 and 5-1024 and by adding the heading of Div. | 6 |
| 5-43 and Sections 5-43000, 5-43005, 5-43010, 5-43015, 5-43020, | 7 |
| 5-43025, 5-43030, 5-43035, and 5-43040 as follows:
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| (55 ILCS 5/5-1012) (from Ch. 34, par. 5-1012)
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| Sec. 5-1012. Issuance of county bonds. When the county | 10 |
| board of any
county deems it necessary to issue county bonds to | 11 |
| enable them to perform
any of the duties imposed upon them by | 12 |
| law, they may, by an order, entered
of record, specifying the | 13 |
| amount of bonds required, and the object for
which they are to | 14 |
| be issued, submit to the legal voters of their county, at
any | 15 |
| election, the question of issuing such county bonds. The county | 16 |
| board
shall certify the question to the proper election |
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| officials who shall
submit the question at an election in | 2 |
| accordance with the general election
law. The amount of the | 3 |
| bonds so issued shall not exceed, including the then
existing | 4 |
| indebtedness of the county, 5.75% of the value of such
taxable
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| property of such county, as ascertained by the assessment for | 6 |
| the State and
county tax for the preceding year or, until | 7 |
| January 1, 1983, if greater,
the sum that is produced by | 8 |
| multiplying the county's 1978 equalized
assessed valuation by | 9 |
| the debt limitation percentage in effect on January
1, 1979. | 10 |
| For the purposes of calculating the rate limitation, the amount | 11 |
| of any bonds or indebtedness transferred to a county under the | 12 |
| Water Commission Act of 1985 pursuant to this amendatory Act of | 13 |
| the 96th General Assembly shall be excluded. The proposition | 14 |
| shall be in substantially the following form: "For
county | 15 |
| bonds", or "Against county bonds", and if a majority of the | 16 |
| votes on
that question shall be "For county bonds", such county | 17 |
| board may issue such
bonds in such denominations as the county | 18 |
| board may determine of not less
than $25 each, payable | 19 |
| respectively, in not less than one, nor more than 20
years, | 20 |
| with interest payable annually or semi-annually, at the rate of | 21 |
| not
more than the greater of (i) the maximum rate authorized by | 22 |
| the Bond
Authorization Act, as amended at the time of the | 23 |
| making of the contract, or
(ii) 8% per annum. This Section | 24 |
| shall not require submission to the voters
of the county of | 25 |
| bond issues authorized to be issued without such
submission to | 26 |
| the voters under Section 5-1027 or 5-1062 or under Division |
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| 5-33,
6-6, 6-8 or 6-27 of this Code.
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| With respect to instruments for the payment of money issued | 3 |
| under this
Section or its predecessor either before, on, or | 4 |
| after the effective date
of Public Act 86-4, it is and always | 5 |
| has been the intention of the General
Assembly (i) that the | 6 |
| Omnibus Bond Acts are and always have been
supplementary grants | 7 |
| of power to issue instruments in accordance with the
Omnibus | 8 |
| Bond Acts, regardless of any provision of this Act or "An Act | 9 |
| to
revise the law in relation to counties", approved March 31, | 10 |
| 1874, that may
appear to be or to have been more restrictive | 11 |
| than those Acts, (ii) that
the provisions of this Section or | 12 |
| its predecessor are not a limitation on
the supplementary | 13 |
| authority granted by the Omnibus Bond Acts, and (iii)
that | 14 |
| instruments issued under this Section or its predecessor within | 15 |
| the
supplementary authority granted by the Omnibus Bond Acts | 16 |
| are not invalid
because of any provision of this Act or "An Act | 17 |
| to revise the law in
relation to counties", approved March 31, | 18 |
| 1874, that may appear to be or to
have been more restrictive | 19 |
| than those Acts.
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| (Source: P.A. 90-655, eff. 7-30-98.)
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| (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
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| Sec. 5-1024. Taxes. A county board may cause to be levied | 23 |
| and
collected annually, except as hereinafter provided, taxes | 24 |
| for county
purposes, including all purposes for which money may | 25 |
| be raised by the
county by taxation, in counties having 80,000 |
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| or more but less than
3,000,000 inhabitants at a rate not | 2 |
| exceeding .25%, of the value as
equalized or assessed by the | 3 |
| Department of Revenue; in counties with less
than 80,000 but | 4 |
| more than 15,000 inhabitants at a rate not exceeding .27%,
of | 5 |
| the value as equalized or assessed by the Department of | 6 |
| Revenue; in
counties with less than 80,000 inhabitants which | 7 |
| have authorized a tax by
referendum under Section 7-2 of the | 8 |
| Juvenile Court Act prior to the
effective date of this | 9 |
| amendatory Act of 1985, at a rate not exceeding
.32%, of the | 10 |
| value as equalized or assessed by the Department of Revenue;
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| and in counties with 15,000 or fewer inhabitants at a rate not | 12 |
| exceeding
.37%, of the value as equalized or assessed by the | 13 |
| Department of Revenue;
and in counties having 3,000,000 or more | 14 |
| inhabitants for each even numbered
year, subject to the | 15 |
| abatement requirements hereinafter provided, at a rate
not | 16 |
| exceeding .39% of the value, as equalized or assessed by the | 17 |
| Department
of Revenue, and for each odd numbered year, subject | 18 |
| to the abatement
requirements hereinafter provided, at a rate | 19 |
| not exceeding .35% of the
value as equalized or assessed by the | 20 |
| Department of Revenue, except taxes
for the payment of interest | 21 |
| on and principal of bonded indebtedness
heretofore duly | 22 |
| authorized for the
construction of State aid roads in the
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| county as defined in "An Act to revise the law in relation to | 24 |
| roads and
bridges", approved June 27, 1913, or for the | 25 |
| construction of
county highways as defined in the Illinois | 26 |
| Highway Code, and except taxes
for the payment of
interest on |
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| and principal of bonded indebtedness duly authorized without a
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| vote of the people of the county, and except taxes authorized | 3 |
| as additional
by a vote of the people of the county, and except | 4 |
| taxes for working cash
fund purposes, and except taxes as | 5 |
| authorized by Sections 5-601, 5-602,
5-603, 5-604 and 6-512 of | 6 |
| the Illinois Highway Code, and except taxes
authorized under | 7 |
| Section 7 of the Village
Library Act, and except
taxes levied | 8 |
| to pay the annual rent payments due under a lease entered into
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| by the county with a Public Building Commission as authorized | 10 |
| by Section 18
of the Public Building Commission Act, and except | 11 |
| taxes levied under
Division 6-3, and
except taxes levied for | 12 |
| general assistance for needy persons in counties
under | 13 |
| commission form of government and except taxes levied under the
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| County Care for Persons with Developmental Disabilities Act, | 15 |
| and except taxes levied
under the Community Mental Health Act, | 16 |
| and except taxes levied under
Section 5-1025 to pay the | 17 |
| expenses of elections and except taxes levied
under "An Act to | 18 |
| provide the manner of levying or
imposing taxes for the
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| provision of special services to areas within the boundaries of | 20 |
| home rule
units and non-home rule municipalities and counties", | 21 |
| approved September
21, 1973, and except taxes levied under | 22 |
| Section 3a of the Revenue Act of
1939 for the purposes of | 23 |
| helping to pay for the expenses of the assessor's
office, and | 24 |
| except taxes levied under Division 5-21,
and except taxes
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| levied pursuant to Section 19 of "The Illinois Emergency
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| Services and Disaster Agency Act of 1975", as now or hereafter |
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| amended,
and except taxes levied pursuant to Division 5-23, and | 2 |
| except taxes levied
under Section 5 of
the County
Shelter Care | 3 |
| and Detention Home Act, and
except taxes levied under the | 4 |
| Children's Advocacy Center Act, and except
taxes levied under | 5 |
| Section 9-107 of the Local Governmental and Governmental
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| Employees Tort Immunity Act , and except taxes levied under | 7 |
| Section 2 of the Water Commission Act of 1985 .
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| Those taxes a county has levied and excepted from the rate | 9 |
| limitation
imposed by this Section or Section 25.05 of "An Act | 10 |
| to revise the law in
relation to counties", approved March 31, | 11 |
| 1874, in reliance on this amendatory
Act of 1994 are not | 12 |
| invalid because of any provision of this Section
that may be | 13 |
| construed to or may have been construed to restrict or limit | 14 |
| those
taxes
levied and those taxes are hereby validated.
This | 15 |
| validation of taxes levied applies to all cases pending on or | 16 |
| after the
effective
date of this amendatory Act of 1994.
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| Nothing contained in this amendatory Act of 1994 shall be | 18 |
| construed to
affect the application of the Property Tax | 19 |
| Extension Limitation Law.
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| Any tax levied for general assistance for needy persons in | 21 |
| any county in
addition to and in excess of the maximum levy | 22 |
| permitted by this Section
for general county purposes shall be | 23 |
| paid into a special fund in the
county treasury and used only | 24 |
| for the purposes for which it is levied
except that any excess | 25 |
| in such fund over the amount needed for general
assistance may | 26 |
| be used for County Nursing Home purposes and shall not
exceed |
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| .10% of the value, as equalized or assessed by the Department | 2 |
| of
Revenue. Any taxes levied for general assistance pursuant to | 3 |
| this Section
may also be used for the payment of warrants | 4 |
| issued against and in
anticipation of such taxes and accrued | 5 |
| interest thereon and may also be
used for the payment of costs | 6 |
| of administering such general assistance.
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| In counties having 3,000,000 or more inhabitants, taxes | 8 |
| levied for
any year for any purpose or purposes, except amounts | 9 |
| levied for the
payment of bonded indebtedness or interest | 10 |
| thereon and for pension fund
purpose, and except taxes levied | 11 |
| to pay the annual rent payments due
under a lease entered into | 12 |
| by the county with a Public Building
Commission as authorized | 13 |
| by Section 18 of the Public Building
Commission Act, are | 14 |
| subject to the
limitation that they shall not exceed the | 15 |
| estimated amount of taxes to
be levied for the year for the | 16 |
| purpose or
purposes as determined in
accordance with Section | 17 |
| 6-24001 and set forth in the annual
appropriation bill of the | 18 |
| county and in ascertaining the rate per cent
that will produce | 19 |
| the amount of any tax levied in any county, the
county clerk | 20 |
| shall not add to the tax or rate any sum or amount to
cover the | 21 |
| loss and cost of collecting the tax, except in the case of
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| amounts levied for the payment of bonded indebtedness or | 23 |
| interest
thereon, and in the case of amounts levied for pension | 24 |
| fund purposes,
and except taxes levied to pay the annual rent | 25 |
| payments due under a
lease entered into by the county with a | 26 |
| Public Building Commission as
authorized by Section 18 of the |
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| Public Building Commission Act.
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| In counties having a population of 3,000,000 or more | 3 |
| inhabitants, the
county clerk shall in each even numbered year, | 4 |
| before extending the
county tax for the year, reduce the levy | 5 |
| for county purposes
for the
year (exclusive of levies for | 6 |
| payment of indebtedness and payment of
interest on and | 7 |
| principal of bonded indebtedness as aforesaid, and
exclusive of | 8 |
| county highway taxes as aforesaid, and exclusive of pension
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| fund taxes, and except taxes levied to pay the annual rent | 10 |
| payments due
under a lease entered into by the county with a | 11 |
| Public Building
Commission as authorized by Section 18 of the | 12 |
| Public Building
Commission Act) in the manner described
and in | 13 |
| an amount to be determined as follows: If the amount received
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| from the collection of the tax levied in the last preceding | 15 |
| even
numbered year for county purposes as aforesaid, as shown | 16 |
| by the county
treasurer's final settlement for the last | 17 |
| preceding even numbered year
and also by subsequent receipts of | 18 |
| delinquent taxes for the county
purposes fund levied for the | 19 |
| last preceding even numbered year, equals
or exceeds the amount | 20 |
| produced by multiplying the rate extended for the
county | 21 |
| purposes for the last preceding even numbered year by the total
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| assessed valuation of all property in the county used in the | 23 |
| year for
purposes of state and county taxes, and by deducting | 24 |
| therefrom the
amount appropriated to cover the loss and cost of | 25 |
| collecting taxes to be
levied for the county purposes fund for | 26 |
| the last preceding even
numbered year, the clerk in determining |
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| the rate per cent to be extended
for the county purposes fund | 2 |
| shall deduct from the amount of the levy
certified to him for | 3 |
| county purposes as aforesaid for even numbered
years the amount | 4 |
| received by the county clerk or withheld by the county
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| treasurer from other municipal corporations within the county | 6 |
| as their
pro rata share of election expenses for the last | 7 |
| preceding even numbered
year, as authorized in Sections 13-11, | 8 |
| 13-12, 13-13 and 16-2 of the
Election Code, and
the clerk in | 9 |
| these counties shall extend only the net amount remaining
after | 10 |
| such deductions.
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| The foregoing limitations upon tax rates, insofar as they | 12 |
| are
applicable to counties having less than 3,000,000 | 13 |
| inhabitants, may be
increased or decreased under the referendum | 14 |
| provisions of the General
Revenue Law of Illinois and there | 15 |
| shall be no limit on the rate of
tax for county purposes that | 16 |
| may be levied by a county
so long as any increase in the rate is | 17 |
| authorized by
referendum in that county.
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| Any county having a population of less than 3,000,000 | 19 |
| inhabitants
that has determined to change its fiscal year may, | 20 |
| as a means of
effectuating a change, instead of levying taxes | 21 |
| for a one-year
period, levy taxes for a period greater or less | 22 |
| than a year as may be
necessary.
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| In counties having less than 3,000,000 inhabitants, in | 24 |
| ascertaining
the rate per cent that will produce the amount of | 25 |
| any tax levied in that
county, the County Clerk shall not add | 26 |
| to the tax or rate any sum
or amount to cover the loss and cost |
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| of collecting the tax except in the
case of amounts levied for | 2 |
| the payment of bonded indebtedness or
interest thereon and in | 3 |
| the case of amounts levied for pension fund
purposes and except | 4 |
| taxes levied to pay the annual rent payments due
under a lease | 5 |
| entered into by the county with a Public Building
Commission as | 6 |
| authorized by Section 18 of the Public Building
Commission Act.
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| A county shall not have its maximum tax rate reduced as a | 8 |
| result of a
population increase indicated by the 1980 federal | 9 |
| census.
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| (Source: P.A. 91-51, eff. 6-30-99.)
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| (55 ILCS 5/Div. 5-43 heading new) | 12 |
| Division 5-43. Water Supply Powers | 13 |
| (55 ILCS 5/5-43000 new) | 14 |
| Sec. 5-43000. Water supply powers. A county shall have and | 15 |
| exercise all powers, functions, and duties of a water | 16 |
| commission created pursuant to Division 135 of the Illinois | 17 |
| Municipal Code, and the county may rely on that Division, as | 18 |
| modified and supplemented by the provisions of this Act, as | 19 |
| lawful authority under which it may act. A county served by a | 20 |
| water commission that is abolished by this amendatory Act of | 21 |
| the 96th General Assembly shall assume the assets, property, | 22 |
| powers, rights, and monetary indebtedness duties of the | 23 |
| abolished commission, including the right to impose and receive | 24 |
| taxes previously approved pursuant to Sections 2, 4, and 5 of |
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| the Water Commission Act of 1985 and all interest in Great | 2 |
| Lakes water allocated to the abolished commission by the | 3 |
| Illinois Department of Natural Resources and may exercise those | 4 |
| powers within the territory of the abolished commission | 5 |
| notwithstanding that some of the territory may lie outside the | 6 |
| county. | 7 |
| (55 ILCS 5/5-43005 new) | 8 |
| Sec. 5-43005. Water Operations and Planning Committee. A | 9 |
| county exercising powers under this amendatory Act of the 96th | 10 |
| General Assembly shall, by ordinance, establish a Water | 11 |
| Operations and Planning Committee. The Water Operations and | 12 |
| Planning Committee shall consist of equal numbers of county | 13 |
| board members and municipal representatives from each county | 14 |
| board district and any other members as may be determined by | 15 |
| the county and municipal members. | 16 |
| The county board members shall be appointed as provided by | 17 |
| the rules of the county board. Municipal members from each | 18 |
| county board district or other represented area shall be | 19 |
| appointed by a majority vote of the mayors of those | 20 |
| municipalities that have the greatest percentage of their | 21 |
| respective populations residing in the county board district or | 22 |
| other represented area. All municipal and county board | 23 |
| representatives shall be entitled to a vote. No committee | 24 |
| member shall receive a salary or compensation for service other | 25 |
| than as provided by rule of the county board. Officers of the |
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| committee shall include a chair to be selected by the | 2 |
| chairperson of the county board and a vice-chair to be selected | 3 |
| by the municipal representatives. The county clerk and | 4 |
| treasurer shall perform their respective functions as for other | 5 |
| county committees and departments. | 6 |
| The principal duties of the Water Operations and Planning | 7 |
| Committee shall be to provide recommendations related to the | 8 |
| exercise of the county's powers under this Division 5-43. The | 9 |
| Water Operations and Planning Committee shall have no duties | 10 |
| related to a county's public works water system. | 11 |
| (55 ILCS 5/5-43010 new) | 12 |
| Sec. 5-43010. Annual audit. The county auditor shall | 13 |
| annually audit the county's accounts related to the exercise of | 14 |
| county water supply powers and shall post the annual audit on | 15 |
| the county's official Internet website. | 16 |
| (55 ILCS 5/5-43015 new) | 17 |
| Sec. 5-43015. Taxes. Beginning on December 1, 2010, the | 18 |
| county board of a county serviced by an abolished water | 19 |
| commission under this amendatory Act of the 96th General | 20 |
| Assembly may, by ordinance, impose throughout the territory of | 21 |
| the abolished commission, including those areas served that are | 22 |
| located outside of the county, any or all of the taxes provided | 23 |
| in Sections 2 and 4 of the Water Commission Act of 1985. The | 24 |
| revenues collected from these taxes shall be held in a water |
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| enterprise fund and shall be expended by the county board | 2 |
| solely to repay the debts, obligations, and operating expenses | 3 |
| incurred by an abolished water commission. | 4 |
| (55 ILCS 5/5-43020 new) | 5 |
| Sec. 5-43020. Water enterprise fund. On December 1, 2010, | 6 |
| the county shall establish a water enterprise fund. All moneys | 7 |
| transferred to the county under this amendatory Act of the 96th | 8 |
| General Assembly shall, for accounting purposes, be stated | 9 |
| separately in the water enterprise fund, which may include | 10 |
| sub-funds for bond repayment and any other purposes as deemed | 11 |
| useful for management purposes. Any surplus remaining after | 12 |
| full payment of indebtedness for which a separate tax has been | 13 |
| levied shall not be transferred to the common fund as provided | 14 |
| in Section 5-1011, but shall remain in the water enterprise | 15 |
| fund. If the county has an existing water fund, the moneys from | 16 |
| the abolished commission shall be kept as a separate fund in | 17 |
| the county treasury. | 18 |
| (55 ILCS 5/5-43025 new) | 19 |
| Sec. 5-43025. Water service for unincorporated areas. The | 20 |
| county may require as a condition of a new or existing water | 21 |
| supply contract that a municipality provide water to | 22 |
| unincorporated areas of the county that adjoin that | 23 |
| municipality, without annexation of those areas, in accordance | 24 |
| with the terms of this Section. Before imposing the |
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| requirement, the county shall find that the area to be served | 2 |
| received well water that is tainted, contaminated, or otherwise | 3 |
| substandard or the general safety of the area is compromised. | 4 |
| (55 ILCS 5/5-43030 new) | 5 |
| Sec. 5-43030. Water rate guarantee. The county shall charge | 6 |
| its customers a rate that is equal to or reasonably exceeds its | 7 |
| bulk water purchase rate to pay for the reasonable costs of | 8 |
| operation, including debt obligations, of its water supply | 9 |
| system. The rate charged by the county shall increase in an | 10 |
| amount equal to any increase charged to the county for the | 11 |
| purchase of bulk water, and such increased charge shall | 12 |
| automatically become effective without county action no later | 13 |
| than one month after the purchase rate increase takes effect. | 14 |
| Under no circumstances may the county charge a rate less than | 15 |
| the rate of the bulk water purchased by the county. If the rate | 16 |
| in effect on December 1, 2010 is less than the bulk purchase | 17 |
| rate, then the rate shall be immediately adjusted as set forth | 18 |
| in this Section. | 19 |
| (55 ILCS 5/5-43035 new) | 20 |
| Sec. 5-43035. Preparation and transition costs. All | 21 |
| reasonable costs incurred by a county in preparation for the | 22 |
| assumption of the functions of an abolished water commission | 23 |
| and in transition to the exercise of the powers and duties | 24 |
| provided in this Division 5-43 shall be paid by or reimbursed |
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| from the assets and revenue of the abolished commission, and | 2 |
| shall be deemed proper costs attributable to water supply | 3 |
| purposes. | 4 |
| (55 ILCS 5/5-43040 new) | 5 |
| Sec. 5-43040. Home rule. A home rule unit may not regulate | 6 |
| its water systems in a manner that is inconsistent with the | 7 |
| provisions of this amendatory Act of the 96th General Assembly. | 8 |
| This Section is a limitation under subsection (i) of Section 6 | 9 |
| of Article VII of the Illinois Constitution on the concurrent | 10 |
| exercise by home rule units of powers and functions exercised | 11 |
| by the State. | 12 |
| Section 10. The Water Commission Act of 1985 is amended by | 13 |
| adding Sections 0.001, 0.001a, 0.001b, 0.001c, 0.001d, 0.001e, | 14 |
| and 0.001f as follows: | 15 |
| (70 ILCS 3720/0.001 new) | 16 |
| Sec. 0.001. Purpose and findings. It is the purpose of this | 17 |
| amendatory Act of the 96th General Assembly to abolish the | 18 |
| water commissions created by this Act and to transfer to the | 19 |
| respective counties that are served by the water commissions | 20 |
| the assets, property, rights, powers, monetary indebtedness | 21 |
| duties, and functions of the commissions. | 22 |
| The General Assembly finds and declares that it is | 23 |
| necessary and in the best interest of the people of the State |
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| and the persons served by these commissions to change the | 2 |
| governance of the water systems created and functioning under | 3 |
| this Act. The changes made by this amendatory Act of the 96th | 4 |
| General Assembly are intended to save costs by eliminating an | 5 |
| unnecessary additional level of government, make the | 6 |
| governance of the water systems more responsive to the electors | 7 |
| and water users, serve more equitably the municipalities | 8 |
| receiving water, ensure the financial viability of the water | 9 |
| systems, spread the costs of the water systems more equitably | 10 |
| among the users, ensure proper financial and operational | 11 |
| oversight, and ensure that government services are delivered in | 12 |
| a transparent and responsible manner. | 13 |
| It is the intent of this amendatory Act of the 96th General | 14 |
| Assembly to permit the changing of any obligations of a water | 15 |
| commission established under this Act to supply water, | 16 |
| including the rate charged for supplying water and other | 17 |
| matters related to a water commission's supply obligations. It | 18 |
| is not the intent of this amendatory Act of the 96th General | 19 |
| Assembly to change or permit the changing of any financial | 20 |
| covenants or obligations of a water commission established | 21 |
| under this Act to supply water.
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| (70 ILCS 3720/0.001a new) | 23 |
| Sec. 0.001a. Districts abolished. Notwithstanding any | 24 |
| provision of law to the contrary, any water commission | 25 |
| established under this Act is abolished on December 1, 2010. |
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| (70 ILCS 3720/0.001b new) | 2 |
| Sec. 0.001b. Assumption of powers, rights, and monetary | 3 |
| indebtedness; tax rate limitation. On December 1, 2010, the | 4 |
| county in which the abolished commission has operated, shall | 5 |
| assume all powers, rights, and monetary indebtedness duties of | 6 |
| the abolished commission including without limitation the | 7 |
| following: (i) the right to impose and receive taxes previously | 8 |
| approved pursuant to Sections 2, 4, and 5 of this Act and (ii) | 9 |
| all interest in Great Lakes water allocated to the abolished | 10 |
| commission by the Illinois Department of Natural Resources. No | 11 |
| contract, except those evidencing monetary indebtedness, | 12 |
| entered into by the abolished commission shall remain in effect | 13 |
| unless re-affirmed or re-negotiated by the county. The | 14 |
| assumption of the monetary indebtedness of a water commission | 15 |
| as provided for in this Section shall constitute a merger or | 16 |
| consolidation for purposes of the Property Tax Extension | 17 |
| Limitation Law, notwithstanding the abolishment of the | 18 |
| existing water commission. | 19 |
| (70 ILCS 3720/0.001c new) | 20 |
| Sec. 0.001c. Transfer of assets and property. Effective | 21 |
| December 1, 2010, all assets, books, records, documents, real | 22 |
| and personal property, and unexpended appropriations of a water | 23 |
| commission abolished under this amendatory Act of the 96th | 24 |
| General Assembly are transferred and delivered to the county |
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| served by the abolished water commission. | 2 |
| (70 ILCS 3720/0.001d new) | 3 |
| Sec. 0.001d. Cross references. Beginning on December 1, | 4 |
| 2010, all references in other statutes, however phrased, to a | 5 |
| water commission abolished under this amendatory act of the | 6 |
| 96th General Assembly shall be references to the county in its | 7 |
| capacity as successor to the abolished water commission. | 8 |
| (70 ILCS 3720/0.001e new) | 9 |
| Sec. 0.001e. Ordinances, orders, and resolutions. | 10 |
| (a) On December 1, 2010, the ordinances, orders, and | 11 |
| resolutions of a water commission abolished by this amendatory | 12 |
| Act of the 96th General Assembly that were in effect on | 13 |
| November 30, 2010 and that pertain to the assets, property, | 14 |
| rights, powers, monetary indebtedness duties, and functions | 15 |
| transferred to the county served by the abolished commission, | 16 |
| exclusive of those relating to contracts to be re-affirmed or | 17 |
| re-negotiated under Section 0.001b, shall become, with respect | 18 |
| to that territory, the ordinances, orders, and resolutions of | 19 |
| the county and shall continue in effect until amended or | 20 |
| repealed or until December 1, 2010, whichever occurs first. | 21 |
| (b) Any ordinances, orders, or resolutions pertaining to | 22 |
| the assets, property, rights, powers, monetary indebtedness | 23 |
| duties, and functions transferred to the county under this | 24 |
| amendatory Act of the 96th General Assembly that have been |
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| proposed by a water commission abolished by this amendatory Act | 2 |
| of the 96th General Assembly but have not taken effect or been | 3 |
| finally adopted by November 30, 2010 shall become, with respect | 4 |
| to that territory, the proposed ordinances, orders, and | 5 |
| resolutions of the county, and any procedures that have already | 6 |
| been completed by the abolished water commission for those | 7 |
| proposed ordinances, orders, or resolutions need not be | 8 |
| repeated. | 9 |
| (70 ILCS 3720/0.001f new) | 10 |
| Sec. 0.001f. Savings provisions. | 11 |
| (a) The assets, property, rights, powers, monetary | 12 |
| indebtedness duties, and functions transferred to a county by | 13 |
| this amendatory Act of the 96th General assembly shall be | 14 |
| vested in that county subject to the provisions of this | 15 |
| amendatory Act of the 96th General Assembly. An act done by an | 16 |
| abolished water commission with respect to the transferred | 17 |
| assets, property, rights, powers, monetary indebtedness | 18 |
| duties, or functions, exclusive of those relating to contracts | 19 |
| to be re-affirmed or re-negotiated under Section 0.001b, shall | 20 |
| have the same legal effect as if done by the county. The county | 21 |
| is not liable for any act done by an officer, employee, or | 22 |
| agent of the abolished commission on or before December 1, 2010 | 23 |
| if the act was an individual or unofficial act or an act | 24 |
| outside of the scope of duties. | 25 |
| (b) The transfer of assets, property, rights, powers, |
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| monetary indebtedness duties, and functions under this | 2 |
| amendatory Act of the 96th General Assembly does not invalidate | 3 |
| any previous action, exclusive of those relating to contracts | 4 |
| to be re-affirmed or re-negotiated under Section 0.001b, taken | 5 |
| by or in respect to an abolished water commission or its | 6 |
| officers, employees, or agents. References to an abolished | 7 |
| water commission or to its officers, employees, or agents in | 8 |
| any document, contract, agreement, or law shall, in appropriate | 9 |
| contexts, be deemed to refer to the county served by the | 10 |
| abolished commission. | 11 |
| (c) The transfer under this amendatory Act of the 96th | 12 |
| General Assembly of assets, property, rights, powers, monetary | 13 |
| indebtedness duties, and functions of an abolished water | 14 |
| commission, exclusive of those relating to contracts to be | 15 |
| re-affirmed or re-negotiated under Section 0.001b, does not | 16 |
| affect any person's rights, obligations, or duties, including | 17 |
| any applicable civil or criminal penalties, arising out of | 18 |
| those transferred assets, property, rights, powers, monetary | 19 |
| indebtedness duties, and functions. | 20 |
| (d) With respect to matters pertaining to an asset, | 21 |
| property, right, power, monetary indebtedness duty, or | 22 |
| function transferred to a county under this amendatory Act of | 23 |
| the 96th General Assembly: | 24 |
| (1) Beginning December 1, 2010, a report or notice that | 25 |
| was previously required to be made or given by any person | 26 |
| to an abolished water commission or to any of its officers, |
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| employees, or agents must be made or given in the same | 2 |
| manner to the county. | 3 |
| (2) Beginning December 1, 2010, a document that was | 4 |
| previously required to be furnished or served by any person | 5 |
| to or upon an abolished water commission or to or upon any | 6 |
| of its officers, employees, or agents must be furnished or | 7 |
| served in the same manner to or upon the county. | 8 |
| (e) This amendatory Act of the 96th General Assembly does | 9 |
| not affect any act done, ratified, or cancelled or any right | 10 |
| occurring or established, exclusive of those relating to | 11 |
| contracts to be re-affirmed or re-negotiated under Section | 12 |
| 0.001b; or any action or proceeding had or commenced in an | 13 |
| administrative, civil, or criminal cause before December 1, | 14 |
| 2010. Any such action or proceeding that pertains to an asset, | 15 |
| property, right, power, monetary indebtedness duty, or | 16 |
| function transferred to a county under this amendatory Act of | 17 |
| the 96th General Assembly, exclusive of those relating to | 18 |
| contracts to be re-affirmed or re-negotiated under Section | 19 |
| 0.001b, and that is pending on November 30, 2010 may be | 20 |
| prosecuted, defended, or continued by the county.
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| Section 15. The State Mandates Act is amended by adding | 22 |
| Section 8.34 as follows: | 23 |
| (30 ILCS 805/8.34 new) | 24 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 96th General Assembly. | 4 |
| Section 97. Severability. The provisions of this Act are | 5 |
| severable under Section 1.31 of the Statute on Statutes. | 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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