Full Text of HB2862 101st General Assembly
HB2862sam001 101ST GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/30/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2862
| 2 | | AMENDMENT NO. ______. Amend House Bill 2862 on page 1, line | 3 | | 5, by replacing "7.6 and 11" with "4, 7.6, 11, and 16"; and
| 4 | | on page 1, immediately below line 6, by inserting the | 5 | | following:
| 6 | | "(70 ILCS 2305/4) (from Ch. 42, par. 280)
| 7 | | Sec. 4. Board of trustees; powers; compensation. The | 8 | | trustees shall
constitute a board of trustees for the district.
| 9 | | The board of trustees is the corporate authority of the | 10 | | district, and
shall exercise all the powers and manage and | 11 | | control all the affairs and
property of the district. The board | 12 | | shall elect a president and
vice-president from among their own | 13 | | number. In case of the death,
resignation, absence from the | 14 | | state, or other disability of the
president, the powers, duties | 15 | | and emoluments of the office of the
president shall devolve | 16 | | upon the vice-president, until the disability
is removed or |
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| 1 | | until a successor to the president is appointed and chosen
in | 2 | | the manner provided in this Act. The board may select a | 3 | | secretary,
treasurer, executive director, and attorney, and | 4 | | may provide
by ordinance for the employment of other employees | 5 | | as
the board may deem necessary for the municipality. The board | 6 | | may appoint
such other officers and hire such employees to | 7 | | manage and control the
operations of the district as it deems | 8 | | necessary; provided, however, that the
board shall not employ | 9 | | an individual as a wastewater operator whose Certificate
of | 10 | | Technical Competency is suspended or revoked under rules | 11 | | adopted by the
Pollution Control Board under item (4) of | 12 | | subsection (a) of Section 13 of the
Environmental Protection | 13 | | Act. All employees
selected by the board shall hold their | 14 | | respective offices during the
pleasure of the board, and give | 15 | | such bond as may be required by the
board. The board may | 16 | | prescribe the duties and fix the compensation of
all the | 17 | | officers and employees of the sanitary district. However, the
| 18 | | president of the board of trustees shall not receive more than | 19 | | $10,000 per
year and the other members of the board shall not | 20 | | receive more than $7,000
per year. However, beginning with the | 21 | | commencement of the new term of each
board member in 1993, the | 22 | | president shall not receive more than $11,000 per
year and each | 23 | | other member of the board shall not receive more than $8,000
| 24 | | per year. Beginning with the commencement of the first new term | 25 | | after the effective date of this amendatory Act of the 95th | 26 | | General Assembly, the president of the board shall not receive |
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| 1 | | more than $18,000 $14,000 per year, and each other member of | 2 | | the board shall not receive more than $15,000 $11,000 per year. | 3 | | The board of trustees has full power to pass all necessary
| 4 | | ordinances, rules and regulations for the proper management and | 5 | | conduct of
the business of the board and of the corporation, | 6 | | and for carrying into
effect the objects for which the sanitary | 7 | | district was formed. The
ordinances may provide for a fine for | 8 | | each offense of not less than $100 or
more than $1,000. Each | 9 | | day's continuance of a violation shall be a
separate offense. | 10 | | Fines under this Section are recoverable by the sanitary
| 11 | | district in a civil action. The sanitary district is authorized | 12 | | to apply
to the circuit court for injunctive relief or mandamus | 13 | | when, in the opinion
of the chief administrative officer, the | 14 | | relief is necessary
to protect the sewerage system of the | 15 | | sanitary district.
| 16 | | The board of trustees shall have the authority to change | 17 | | the name of the District, by ordinance, to the North Shore | 18 | | Water Reclamation District. Any such name change shall not | 19 | | impair the legal status of any act by the sanitary district. If | 20 | | an ordinance is passed pursuant to this paragraph, all | 21 | | provisions of this Act shall apply to the newly renamed | 22 | | district. No rights, duties, or privilege of such sanitary | 23 | | district or of any person existing before the change of name | 24 | | shall be affected by the change in the name of the sanitary | 25 | | district. All proceedings pending in any court relating to such | 26 | | sanitary district may continue to final consummation under the |
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| 1 | | name in which they were commenced. | 2 | | (Source: P.A. 98-162, eff. 8-2-13; 99-669, eff. 7-29-16.)"; and
| 3 | | on page 1, line 13, by replacing " fees owed at the time of a | 4 | | property's sale " with " fee or connection-related fee "; and
| 5 | | on page 2, line 11, after the period, by inserting " The payment | 6 | | of connection fees or connection-related fees by the user or | 7 | | any other interested party is a condition for the continued | 8 | | connection of the real property or any structure thereon. The | 9 | | sanitary district shall have the authority to terminate all | 10 | | connections and service to any real property or structure | 11 | | thereon if any connection fee or connection-related fee is not | 12 | | paid within 60 days from the date such payment is due by the | 13 | | user or any other party that has an interest or subsequently | 14 | | acquires an interest in the property. "; and
| 15 | | on page 2, lines 14 and 15, by replacing " fees owed at the time | 16 | | of a property's sale " with " fee or connection-related fee "; and
| 17 | | on page 9, immediately below line 21, by inserting the | 18 | | following:
| 19 | | "(70 ILCS 2305/16) (from Ch. 42, par. 292)
| 20 | | Sec. 16. Entering other property for improvements; | 21 | | emergency improvements. |
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| 1 | | (a) When, in making any improvements which any district is | 2 | | authorized
by this act to make, it shall be necessary to enter | 3 | | upon and take
possession of any existing drains, sewers, sewer | 4 | | outlets, plants for the
purification of sewage or water, or any | 5 | | other public property, or property
held for public use, the | 6 | | board of trustees of such district shall have the
power so to | 7 | | do and may acquire the necessary right of way over any other
| 8 | | property held for public use in the same manner as is herein | 9 | | provided for
acquiring private property, and may enter upon, | 10 | | and use the same for the
purposes aforesaid: Provided, the | 11 | | public use thereof shall not be
unnecessarily interrupted or | 12 | | interfered with, and that the same shall be
restored to its | 13 | | former usefulness as soon as practicable. | 14 | | (b) If a board of trustees determines there is an emergency | 15 | | affecting the public health or safety and the emergency | 16 | | requires approval from the governing authority of any public | 17 | | property, public or private utility, or railroad for permission | 18 | | to enter upon the property, right-of-way, or easement and if | 19 | | the approval is not acted upon within 48 hours from the time | 20 | | the sanitary district's request is served on the entity, then | 21 | | the request for entry is deemed granted. If the sanitary | 22 | | district is to perform work within 50 feet of railroad | 23 | | right-of-way for work that does not require entry onto the | 24 | | railroad right-of-way and requires approval from the railroad | 25 | | to satisfy a requirement imposed upon the sanitary district or | 26 | | its contractors or subcontractors in order to obtain a policy |
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| 1 | | or endorsement for special railroad protective liability | 2 | | insurance, then the approval is deemed granted if the request | 3 | | is not acted upon within 48 hours from the time that the | 4 | | request was served. A request is served when submitted in | 5 | | accordance with a method established by a receiving entity for | 6 | | such requests or may be made by sending the request by United | 7 | | States Postal Service, by certified mail or by overnight or | 8 | | express mail which provides tracking and acknowledgment of | 9 | | delivery, or by private carrier providing tracking and | 10 | | acknowledgment of delivery. A sworn statement executed by the | 11 | | executive director stating that the requirements of this | 12 | | paragraph have been satisfied and that the entity has failed to | 13 | | act after service of a request shall be sufficient evidence | 14 | | that the request has been deemed approved due to the entity's | 15 | | failure to act as required by law. | 16 | | Railroads may not charge the sanitary district any fee or | 17 | | charge if the work does not require actual entry upon the | 18 | | railroad's property. If access onto the entity's property is | 19 | | required, any fee charged shall be reasonable and shall be | 20 | | solely related to the cost incurred by the entity to review the | 21 | | work to be performed by the sanitary district and to implement | 22 | | required safety provisions.
| 23 | | (Source: Laws 1911, p. 299.)".
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