Full Text of SB0373 99th General Assembly
SB0373ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 8/21/2015
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| 1 | | AMENDMENT TO SENATE BILL 373
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 373 on page 1, by | 3 | | replacing lines 4 and 5 with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Section 205-140 and by adding Section 200-14c as follows:"; and | 6 | | on page 2, immediately below line 1, by inserting the | 7 | | following:
| 8 | | "(60 ILCS 1/205-140)
| 9 | | Sec. 205-140. Initiating proceedings for particular | 10 | | locality; rates
and charges; lien. | 11 | | (a) A township board may initiate proceedings under | 12 | | Sections 205-130 through
205-150 in the manner provided by | 13 | | Section 205-20.
| 14 | | (b) The township board may establish the rate or charge to | 15 | | each
user of the waterworks system or sewerage system, or |
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| 1 | | combined waterworks
and sewerage system, or improvement or | 2 | | extension at a rate that will be
sufficient to pay the | 3 | | principal and interest of any bonds issued to pay
the cost of | 4 | | the system, improvement, or extension and the maintenance and
| 5 | | operation of the system, improvement, or extension and may | 6 | | provide an adequate
depreciation fund for the bonds. Charges or | 7 | | rates shall be established,
revised, and maintained by | 8 | | ordinance and become payable as the township board
determines | 9 | | by ordinance.
| 10 | | (c) The charges or rates are liens upon the real estate | 11 | | upon or for which
sewerage service is supplied whenever the | 12 | | charges or rates become delinquent as
provided by the ordinance | 13 | | of the board fixing a delinquency date.
| 14 | | (d) Notwithstanding any provision of law to the contrary, | 15 | | the township shall conduct a cost study regarding the | 16 | | connection charge of the township: | 17 | | (1) before the township increases or creates a | 18 | | connection charge; | 19 | | (2) upon the request of the supervisor or a majority of | 20 | | the township board of the township; | 21 | | (3) upon the request of a majority of the mayors or | 22 | | village presidents of the municipalities located within or | 23 | | substantially within the township or township's facility | 24 | | planning area; or | 25 | | (4) upon the filing with the township board of a | 26 | | petition signed by 10% or more of the customers who have |
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| 1 | | paid connection charges to the township in the previous 5 | 2 | | calendar years. | 3 | | The cost study shall be conducted by an independent entity | 4 | | within 6 months of an action taken under paragraphs (1), (2), | 5 | | (3), or (4) of this subsection (d). After performing a cost | 6 | | study under this subsection (d), an independent entity may not | 7 | | contract with any State agency, unit of local government, or | 8 | | non-governmental entity for goods or services within the | 9 | | township or township service area in the 24 months after | 10 | | completion of the cost study other than to perform further cost | 11 | | studies under this subsection (d). A township shall not conduct | 12 | | more than one cost study under this subsection (d) in a 60 | 13 | | month period. The cost study must include, at a minimum, an | 14 | | examination of similar water main and sewer connection charges | 15 | | in neighboring units of local government or units of local | 16 | | government similar in size or population. Following the | 17 | | completion of the cost study, no increase or new connection | 18 | | charge may be imposed unless the increase or new charge is | 19 | | justified by the cost study. If the connection charge the | 20 | | township charged prior to completion of the cost study is | 21 | | higher than is justified by the cost study, the township shall | 22 | | reduce its connection charge to the amount justified by the | 23 | | cost study. | 24 | | (e) If a cost study has been conducted pursuant to | 25 | | subsection (d) of this Section and a new cost study is | 26 | | requested under paragraph (3) or (4) of subsection (d), the |
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| 1 | | township shall obtain a written quote from an independent | 2 | | entity detailing the cost of the requested cost study and the | 3 | | following shall occur prior to a new cost study beginning: | 4 | | (1) each township, village, and municipality whose | 5 | | mayor or president requested the cost study under paragraph | 6 | | (3) of subsection (d) shall pay a proportionate share of | 7 | | the cost of the written quote required under this | 8 | | subsection (e); or | 9 | | (2) the customers who signed the petition under | 10 | | paragraph (4) of subsection (d) shall pay to the township | 11 | | the entire cost of the written quote required under this | 12 | | subsection (e). | 13 | | (f) For purposes of this Section only: | 14 | | "Connection charge" means any charge or fee, by whatever | 15 | | name, assessed to recover the cost of connecting the customer's | 16 | | water main, sewer, or water main and sewer service line to the | 17 | | township's facilities, and includes only the direct and | 18 | | indirect costs of physically tying the service line into the | 19 | | township's main. | 20 | | "Independent entity" means an engineering firm that has not | 21 | | entered into a contract with any State agency, unit of local | 22 | | government, or non-governmental entity for goods or services | 23 | | within the township or township service area in the 24 months | 24 | | prior to being contracted to perform the cost study. | 25 | | (Source: P.A. 82-783; 88-62.)"; and
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| 1 | | on page 3, immediately below line 20, by inserting the | 2 | | following: | 3 | | "Section 20. The Metropolitan Water Reclamation District | 4 | | Act is amended by changing Sections 4.3, 4.11, 4.12, and 4.14 | 5 | | as follows:
| 6 | | (70 ILCS 2605/4.3) (from Ch. 42, par. 323.3)
| 7 | | Sec. 4.3. Classification of positions. The Director shall, | 8 | | with the
consent and approval of said civil
service board, | 9 | | classify within 90 days after the effective date of this
| 10 | | amendatory Act of 1997, all
positions in said sanitary district
| 11 | | with reference
to the duties thereof for the purpose of | 12 | | establishing job classifications, and
of fixing
and | 13 | | maintaining standards of examinations hereinafter provided | 14 | | for. The
positions so classified shall constitute the
| 15 | | classified civil
service of such sanitary district and no | 16 | | appointments, promotions,
transfers, demotions, reductions in | 17 | | grade or pay or removal therefrom shall be made
except under | 18 | | and according to the provisions of this Act and of the rules
| 19 | | hereinafter mentioned. As a part of such classified civil | 20 | | service all employees under said Director, except special | 21 | | examiners, shall
be included. The Director shall ascertain and | 22 | | record the duties of each
position in the classified civil | 23 | | service and designate
the classification of
each position. Each | 24 | | classification shall comprise positions having
substantially |
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| 1 | | similar duties. He shall also record the lines of promotion
| 2 | | from each lower classification to a higher classification | 3 | | wherever the
experience derived in
the performance of the | 4 | | duties of such lower classification tends
to qualify for
| 5 | | performance of duty in such higher classification. The | 6 | | director,
subject to the
disapproval of the civil service board | 7 | | as hereinafter provided, shall by
rule prescribe standards of | 8 | | efficiency for each classification
and for examinations
of | 9 | | candidates for appointment thereto. Such rule or any amendment | 10 | | thereof
shall take effect 30 days after written notice thereof | 11 | | is given to the
civil service board, unless within such period | 12 | | the board files with the
Director a written notice of its | 13 | | disapproval thereof.
| 14 | | For the purpose of establishing uniformity of pay and title | 15 | | for all
positions similarly classified, it shall be
the duty of | 16 | | the Director to prescribe by rule which shall become effective
| 17 | | when approved by the trustees, the maximum and minimum pay for | 18 | | each
classification
and the title thereof and to report to the | 19 | | trustees annually and at such
other times as they may direct | 20 | | the name and address of each officer and
employee paid more or | 21 | | less than the pay prescribed for his classification or
| 22 | | designated by a title other than that prescribed for his | 23 | | classification by the
board of trustees. It shall be the duty | 24 | | of the trustees not later than
the beginning of the next fiscal | 25 | | year
after receiving
such report to change the pay or title of | 26 | | any position or
employee so
reported out of classification to |
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| 1 | | conform to the title and pay
prescribed by the
Director for the | 2 | | classification in which the position held by
the
employee is | 3 | | classified. The Director shall standardize employment in each
| 4 | | classification and make and keep a record of the relative
| 5 | | efficiency of each employee in the classified civil service. | 6 | | The Director shall
provide by
rule methods for ascertaining and | 7 | | verifying the facts from which such
records of relative | 8 | | efficiency shall be made which shall be uniform for
each | 9 | | classification in the classified civil service.
| 10 | | (Source: P.A. 90-316, eff. 1-1-98.)
| 11 | | (70 ILCS 2605/4.11) (from Ch. 42, par. 323.11)
| 12 | | Sec. 4.11. Appointments.
Whenever a position classified | 13 | | under this Act is to be
filled, except the positions of deputy | 14 | | director of engineering, deputy director of monitoring and | 15 | | research, deputy director of maintenance and operations, | 16 | | assistant director of engineering, assistant director of | 17 | | maintenance and operations, deputy general counsel, head | 18 | | assistant attorneys, assistant
director of monitoring and | 19 | | research, assistant director of information
technology, | 20 | | comptroller, assistant treasurer, assistant director of | 21 | | procurement and materials management,
assistant director of | 22 | | human resources, and laborers, the Executive Director shall | 23 | | make requisition upon the Director, and the Director shall
| 24 | | certify to him or her from the register of eligibles for the | 25 | | position the names
(a) of the five candidates standing highest |
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| 1 | | upon the register
of eligibles for the position, or (b) of the | 2 | | candidates within the A category upon the register of eligibles | 3 | | if the register is by categories
designated as A, B, and C, | 4 | | provided, however, that
any certification shall consist of at | 5 | | least 5 candidates, if available. If fewer than 5 candidates | 6 | | are in the A category, then the
Director shall also certify all | 7 | | of the candidates in the B category. If fewer than 5 candidates | 8 | | are in the A and B categories combined, then the Director shall | 9 | | also certify all of the candidates in the C category. The | 10 | | Executive Director
shall notify the Director of each position | 11 | | to be filled separately and
shall fill the position by | 12 | | appointment of one of the certified candidates. The Executive | 13 | | Director's appointment decision shall be final and not subject | 14 | | to review. An appointed candidate shall be a probationary | 15 | | appointee on probation for a period to
be fixed by the rules, | 16 | | not exceeding 250 days worked by the probationary appointee in | 17 | | the position of probationary appointment. At any time during | 18 | | the
period of probation, the Executive Director with the | 19 | | approval of the
Director may terminate a probationary appointee | 20 | | and shall notify
the civil service board in writing of the | 21 | | termination; however, the Executive Director's termination of | 22 | | a probationary appointee shall be final and not subject to | 23 | | review. At any time during the period of probation, a | 24 | | probationary appointee may make a written request to | 25 | | voluntarily terminate a probationary appointment, and if | 26 | | approved by the Executive Director, such voluntary termination |
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| 1 | | shall be final and not subject to review. If a probationary | 2 | | appointee is
not terminated, his or her appointment shall be | 3 | | deemed complete.
| 4 | | When there is no eligible list, the Executive Director may, | 5 | | with the
authority of the Director, make a temporary | 6 | | appointment to remain in
force only until a permanent | 7 | | appointment from an eligible register or
list can be made in | 8 | | the manner specified in the previous provisions of
this | 9 | | Section, and examinations to supply an eligible list therefor | 10 | | shall
be held and an eligible list established therefrom within | 11 | | one year from
the making of such appointment. The acceptance or | 12 | | refusal by an eligible person of a temporary appointment does | 13 | | not affect his or her standing on the register for permanent | 14 | | appointment.
| 15 | | In employment of an essentially
temporary and transitory | 16 | | nature, the Executive Director may, with the
authority of the | 17 | | Director of Human Resources make temporary appointments. No | 18 | | temporary appointment of an essentially temporary and
| 19 | | transitory nature may be granted for a period of
more than 119 | 20 | | consecutive or non-consecutive working days per calendar year. | 21 | | The Director must
include in his or her annual report, and if | 22 | | required by the commissioners, in
any special report, a | 23 | | statement of all temporary appointments made
during the year or | 24 | | period specified by the commissioners, together with
a | 25 | | statement of the facts in each case because of which the | 26 | | authority was
granted.
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| 1 | | All laborers shall be appointed by the Executive Director | 2 | | and shall
be on probation for a period to be fixed by the | 3 | | rules, not exceeding 250 days worked by the laborer in the | 4 | | position of the probationary appointment. At any time during | 5 | | the period of a laborer's probation, the Executive Director | 6 | | with the approval of the Director may terminate a laborer's | 7 | | probationary appointment and shall notify the civil service | 8 | | board in writing of the termination; however, the Executive | 9 | | Director's termination of a laborer's probationary appointment | 10 | | shall be final and not subject to review. If a laborer's | 11 | | probationary appointment is not terminated, the appointment | 12 | | shall be deemed complete.
| 13 | | The positions of deputy director of engineering, deputy | 14 | | director of monitoring and research, deputy director of | 15 | | maintenance and operations, assistant director of engineering, | 16 | | assistant director of maintenance and operations, deputy | 17 | | general counsel,
head assistant attorneys, assistant director | 18 | | of monitoring and research, assistant director of information | 19 | | technology, comptroller,
assistant treasurer, assistant | 20 | | director of procurement and materials management, and | 21 | | assistant director of human resources shall be
appointed by the | 22 | | Executive Director upon the recommendation of
the respective | 23 | | department head and shall be on probation for a period
to be | 24 | | fixed by the rules, not exceeding two years. At any time during
| 25 | | the period of probation, the Executive Director on the
| 26 | | recommendation of the department head concerned, may terminate |
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| 1 | | any such probationary appointee and he or she shall notify the | 2 | | Civil Service Board in
writing of the termination; however, the | 3 | | Executive Director's termination of a probationary appointee | 4 | | shall be final and not subject to review. If a probationary | 5 | | appointee is not terminated, his
or her appointment shall be | 6 | | deemed complete under the laws governing the
classified civil | 7 | | service.
| 8 | | (Source: P.A. 97-124, eff. 7-14-11.)
| 9 | | (70 ILCS 2605/4.12) (from Ch. 42, par. 323.12)
| 10 | | Sec. 4.12.
The Director may by his rules provide for | 11 | | transfers of officers
and employees in the classified service | 12 | | from positions in one office or
department to positions of the | 13 | | same class and grade in another office or
department. Transfers | 14 | | which are in the nature of promotions shall be
governed by | 15 | | Section 4.10 of this Act.
| 16 | | Subject to the Executive Director's approval, an employee | 17 | | in the classified civil service may make a written request for | 18 | | a voluntary demotion to the employee's most recent former | 19 | | classification, and if granted by the Executive Director, such | 20 | | voluntary demotion shall be final and not subject to review. | 21 | | (Source: Laws 1963, p. 2477.)
| 22 | | (70 ILCS 2605/4.14) (from Ch. 42, par. 323.14)
| 23 | | Sec. 4.14. No officer or employee in the classified civil | 24 | | service of the
sanitary district shall be involuntarily demoted |
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| 1 | | removed or discharged except for cause, upon
written charges, | 2 | | and after an opportunity to be heard in his own defense. For | 3 | | discharge actions, such
Such charges shall be filed with the | 4 | | civil service board within 30 days from the date of suspension | 5 | | under the charges, and the charges shall be promptly | 6 | | investigated by or before the civil service board, or
by or | 7 | | before some officer or officers appointed by the civil service | 8 | | board
to conduct such investigation. Both involuntary demotion | 9 | | and discharge hearings The hearing shall be public and the | 10 | | employee shall be entitled to call witnesses in his or her | 11 | | defense and to have the aid of counsel. Such hearings shall | 12 | | take place within 120 days after charges are filed against the | 13 | | employee , unless the . The hearing shall be public and the | 14 | | accused
shall be entitled to call witnesses in his defense and | 15 | | to have the aid of
counsel. The civil service board continues | 16 | | may continue a discharge or involuntary demotion hearing for | 17 | | good cause shown and only with the consent of the employee. | 18 | | After the hearing is completed, the The civil service board | 19 | | shall enter a finding and decision. A decision shall be deemed | 20 | | to have been served either when a copy of the decision is | 21 | | personally delivered or when a copy of the decision is | 22 | | deposited in the United States mail, addressed to the employee | 23 | | at his last known address on file with the human resources | 24 | | department. The finding and decision of the civil service board | 25 | | or of such
investigating officer or officers, when approved by | 26 | | said civil service
board, shall be final, except for the |
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| 1 | | judicial review thereof as herein
provided, and shall be | 2 | | certified to the appointing officer, and shall be
forthwith | 3 | | enforced by such officer. Nothing in this Act shall limit the
| 4 | | power of any officer to suspend a subordinate for a reasonable | 5 | | period not
exceeding thirty days; however, if charges are filed | 6 | | against a suspended employee, the suspension shall be extended | 7 | | until the civil service board enters its finding and decision | 8 | | regarding the charges unless prior to this time the board | 9 | | enters an order approving an agreement between the sanitary | 10 | | district and the employee that the suspension should terminate | 11 | | at an earlier date. Every such suspension shall be without pay:
| 12 | | Provided, however, that the civil service board shall have | 13 | | authority to
investigate every such suspension and, in case of | 14 | | its disapproval thereof,
it shall have power to restore pay to | 15 | | the employee so suspended. For discharge actions, if the civil | 16 | | service board enters a finding and decision denying discharge, | 17 | | the employee shall be returned to the classification held at | 18 | | the time charges were filed. For involuntary demotion actions, | 19 | | if the civil service board enters a finding and decision | 20 | | granting an involuntary demotion, the employee shall be demoted | 21 | | to the employee's most recent former classification. In the
| 22 | | course of any investigation provided for in this Act, each | 23 | | member of the
civil service board and any officer appointed by | 24 | | it shall have the power to
administer oaths and shall have | 25 | | power to secure by its subpoena both the
attendance and | 26 | | testimony of witnesses and the production of books and
papers.
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| 1 | | Either the sanitary district or the employee may file a | 2 | | written petition for rehearing of the finding and decision of | 3 | | the civil service board within 21 calendar days after the | 4 | | finding and decision are served as provided in this Section. | 5 | | The petition shall state fully the grounds upon which | 6 | | application for further investigation and hearing is based. If | 7 | | a petition is denied by the civil service board, the decision | 8 | | shall remain in full force and effect and any further appeal by | 9 | | either party shall be in accordance with the provisions of the | 10 | | Administrative Review Law. | 11 | | The provisions of the Administrative Review Law, and all | 12 | | amendments
and modifications thereof, and the
rules adopted | 13 | | pursuant thereto, shall apply to and govern all proceedings
for | 14 | | the judicial review of final administrative decisions of the | 15 | | civil
service board hereunder. The term "administrative | 16 | | decision" is defined as
in Section 3-101 of the Code of Civil | 17 | | Procedure.
| 18 | | (Source: P.A. 95-923, eff. 8-26-08.)".
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