Full Text of HB5711 99th General Assembly
HB5711eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by adding | 5 | | Section 11-150-2 as follows: | 6 | | (65 ILCS 5/11-150-2 new) | 7 | | Sec. 11-150-2. Billing for services. On or after the | 8 | | effective date of this amendatory Act of the 99th General | 9 | | Assembly, the corporate authorities of any municipality | 10 | | operating a waterworks or combined waterworks and sewerage | 11 | | system: | 12 | | (a) shall bill for any utility service, including | 13 | | previously unbilled service, supplied to a residential | 14 | | customer or non-residential customer within 24 months after the | 15 | | provision of that service to the customer; and | 16 | | (b) shall not intentionally delay billing beyond the normal | 17 | | bill cycle. | 18 | | The time limit of subsection (a) shall not apply to | 19 | | previously unbilled service attributed to tampering, theft of | 20 | | service, fraud, or any other intentional or unintentional act | 21 | | not caused by the utility preventing the utility's recorded | 22 | | efforts to obtain an accurate reading of the meter. |
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| 1 | | Section 10. The Public Water District Act is amended by | 2 | | adding Section 7.4 as follows: | 3 | | (70 ILCS 3705/7.4 new) | 4 | | Sec. 7.4. Billing for services. On or after the effective | 5 | | date of this amendatory Act of the 99th General Assembly, a | 6 | | public water district: | 7 | | (a) shall bill for any utility service, including | 8 | | previously unbilled service, supplied to a residential | 9 | | customer or non-residential customer within 24 months after the | 10 | | provision of that service to the customer; and | 11 | | (b) shall not intentionally delay billing beyond the normal | 12 | | bill cycle. | 13 | | The time limit of subsection (a) shall not apply to | 14 | | previously unbilled service attributed to tampering, theft of | 15 | | service, fraud, or any other intentional or unintentional act | 16 | | not caused by the utility preventing the utility's recorded | 17 | | efforts to obtain an accurate reading of the meter. | 18 | | Section 15. The Water Service District Act is amended by | 19 | | adding Section 5.3 as follows: | 20 | | (70 ILCS 3710/5.3 new) | 21 | | Sec. 5.3. Billing for services. On or after the effective | 22 | | date of this amendatory Act of the 99th General Assembly, a | 23 | | water service district: |
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| 1 | | (a) shall bill for any utility service, including | 2 | | previously unbilled service, supplied to a residential | 3 | | customer or non-residential customer within 24 months after the | 4 | | provision of that service to the customer; and | 5 | | (b) shall not intentionally delay billing beyond the normal | 6 | | bill cycle. | 7 | | The time limit of subsection (a) shall not apply to | 8 | | previously unbilled service attributed to tampering, theft of | 9 | | service, fraud, or any other intentional or unintentional act | 10 | | not caused by the utility preventing the utility's recorded | 11 | | efforts to obtain an accurate reading of the meter. | 12 | | Section 20. The Water Authorities Act is amended by | 13 | | changing Section 6 as follows:
| 14 | | (70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
| 15 | | Sec. 6. Such board of trustees shall have the following | 16 | | powers:
| 17 | | 1. To make inspections of wells or other withdrawal | 18 | | facilities and
to require information and data from the owners | 19 | | or operators thereof
concerning the supply, withdrawal and use | 20 | | of water.
| 21 | | 2. To require the registration with them of all wells or | 22 | | other
withdrawal facilities in accordance with such form or | 23 | | forms as they deem
advisable.
| 24 | | 3. To require permits from them for all additional wells or
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| 1 | | withdrawal facilities or for the deepening, extending or | 2 | | enlarging
existing wells or withdrawal facilities.
| 3 | | 4. To require the plugging of abandoned wells or the repair | 4 | | of any
well or withdrawal facility to prevent loss of water or | 5 | | contamination of
supply.
| 6 | | 5. To reasonably regulate the use of water and during any | 7 | | period of
actual or threatened shortage to establish limits | 8 | | upon or priorities as
to the use of water. In issuing any such | 9 | | regulation, limitation, or
priority, such board shall seek to | 10 | | promote the common welfare by
considering the public interest, | 11 | | the average amount of present
withdrawals, relative benefits or | 12 | | importance of use, economy or
efficiency of use and any other | 13 | | reasonable differentiation. Appropriate
consideration shall | 14 | | also be given to any user, who has theretofore
reduced the | 15 | | volume of ground water previously consumed by such user or
who | 16 | | has taken care of increased requirements by installing and | 17 | | using
equipment and facilities permitting the use of surface | 18 | | water by such
user.
| 19 | | 6. To supplement the existing water supply or provide | 20 | | additional
water supply by such means as may be practicable or | 21 | | feasible. They may
acquire property or property rights either | 22 | | within or without the
boundaries of the authority by purchase, | 23 | | lease, condemnation proceedings
or otherwise, and they may | 24 | | construct, maintain and operate wells,
reservoirs, pumping | 25 | | stations, purification plants, infiltration pits,
recharging | 26 | | wells and such other facilities as may be necessary to insure
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| 1 | | an adequate supply of water for the present and future needs of | 2 | | the
authority. They shall have the right to sell water to | 3 | | municipalities or
public utilities operating water | 4 | | distribution systems either within or
without the authority.
| 5 | | 7. To levy and collect a general tax on all of the taxable | 6 | | property
within the corporate limits of the authority, the | 7 | | aggregate amount of
which for one year, exclusive of the amount | 8 | | levied for bonded
indebtedness or interest thereon, shall not | 9 | | exceed .08 per cent of the
value as equalized or assessed by | 10 | | the Department of Revenue. For the purpose
of acquiring | 11 | | necessary property or facilities,
to issue general obligation | 12 | | bonds bearing interest at the rate of not to
exceed the maximum | 13 | | rate authorized by the Bond Authorization Act, as amended
at | 14 | | the time of the making of the contract, and payable
over a | 15 | | period of not
to exceed 20 years,
the aggregate principal | 16 | | amount of which at any one time outstanding
shall not exceed | 17 | | one-half of 1% of the value as equalized or assessed by
the | 18 | | Department of Revenue of all taxable property
located within | 19 | | the corporate limits of the authority and to levy and
collect a | 20 | | further or additional direct annual tax upon all the taxable
| 21 | | property within the corporate limits of such authority | 22 | | sufficient to
meet the principal and interest of such bonds as | 23 | | the same mature. They
shall also have authority to issue | 24 | | revenue bonds payable solely out of
anticipated revenues.
| 25 | | 8. To consult with and receive available information | 26 | | concerning
their duties and responsibilities from the State |
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| 1 | | Water Survey, the State
Geological Survey, the Board of Natural | 2 | | Resources and Conservation, the
Water Resources and Flood | 3 | | Control Board and any other board or
commission of the State. | 4 | | Before constructing any facility for providing
additional | 5 | | water supply, the plans therefor shall be submitted to and
| 6 | | approved by the Environmental Protection Agency or its | 7 | | successor and all
operations of such facilities shall be | 8 | | conducted in accordance with such
rules and regulations as may | 9 | | from time to time be prescribed by the
Pollution Control Board.
| 10 | | 9. To have the right by appropriate action in the circuit | 11 | | court of
any county in which such authority, or any part | 12 | | thereof, is located to
restrain any violation or threatened | 13 | | violation of any of their orders,
rules, regulations or | 14 | | ordinances.
| 15 | | 10. To provide by ordinance that the violation of any | 16 | | provision of
any rule, regulation or ordinance adopted by them | 17 | | shall constitute a
misdemeanor subject to a fine by the circuit | 18 | | court of not to exceed $50
for each act of violation and that | 19 | | each day's violation shall constitute
a separate offense.
| 20 | | 11. On or after the effective date of this amendatory Act | 21 | | of the 99th General Assembly, to bill for any utility service, | 22 | | including previously unbilled service, supplied to a | 23 | | residential customer or non-residential customer within 24 | 24 | | months after the provision of that service to the customer. The | 25 | | time limit of this paragraph shall not apply to previously | 26 | | unbilled service attributed to tampering, theft of service, |
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| 1 | | fraud, or any other intentional or unintentional act not caused | 2 | | by the utility preventing the utility's recorded efforts to | 3 | | obtain an accurate reading of the meter. The trustees shall not | 4 | | intentionally delay billing beyond the normal bill cycle. | 5 | | With respect to instruments for the payment of money issued | 6 | | under this
Section either before, on, or after the effective | 7 | | date of this amendatory
Act of 1989, it is and always has been | 8 | | the intention of the General
Assembly (i) that the Omnibus Bond | 9 | | Acts are and always have been
supplementary grants of power to | 10 | | issue instruments in accordance with the
Omnibus Bond Acts, | 11 | | regardless of any provision of this Act that may appear
to be | 12 | | or to have been more restrictive than those Acts, (ii) that the
| 13 | | provisions of this Section are not a limitation on the | 14 | | supplementary
authority granted by the Omnibus Bond Acts, and | 15 | | (iii) that instruments
issued under this Section within the | 16 | | supplementary authority granted
by the Omnibus Bond Acts are | 17 | | not invalid because of any provision of
this Act that may | 18 | | appear to be or to have been more restrictive than
those Acts.
| 19 | | (Source: P.A. 86-4.)
| 20 | | Section 25. The Water Commission Act of 1985 is amended by | 21 | | changing Section 0.001b as follows: | 22 | | (70 ILCS 3720/0.001b) | 23 | | Sec. 0.001b. Powers and duties. A water commission has the | 24 | | power and duty to: |
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| 1 | | (1) establish and define the responsibilities of the | 2 | | commission and its committees; | 3 | | (2) establish and define the responsibilities of the | 4 | | commission's management and staff; | 5 | | (3) establish a finance committee to conduct monthly | 6 | | meetings to supervise staff's handling of financial | 7 | | matters and budgeting; | 8 | | (4) require the finance director and treasurer to | 9 | | report to the finance committee the status of all | 10 | | commission funds and obligations; | 11 | | (5) require the treasurer to report to the commission | 12 | | any improper or unnecessary expenditures, budgetary | 13 | | errors, or accounting irregularities; | 14 | | (6) require commission staff to document and comply | 15 | | with standard accounting policies, procedures, and | 16 | | controls to ensure accurate reporting to the finance | 17 | | committee and commission and to identify improper or | 18 | | unnecessary expenditures, budgetary errors, or accounting | 19 | | irregularities; | 20 | | (7) require the commission's finance director to | 21 | | provide monthly reports regarding the commission's cash | 22 | | and investment position including whether the commission | 23 | | has sufficient cash and investments to pay its debt | 24 | | service, operating expenses, and capital expenditures and | 25 | | maintain required reserve levels. The information shall | 26 | | include the required funding levels for restricted funds |
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| 1 | | and unrestricted cash and investment balances with | 2 | | comparisons to unrestricted reserves. The information | 3 | | shall also include the type and performance of the | 4 | | commission's investments and description as to whether | 5 | | those investments are in compliance with the commission's | 6 | | investment policies; | 7 | | (8) require the commission's finance director to | 8 | | provide the commission with detailed information | 9 | | concerning the commission's operating performance | 10 | | including the budgeted and actual monthly amounts for water | 11 | | sales, water costs, and other operating expenses; | 12 | | (9) require commission staff to provide the commission | 13 | | with detailed information regarding the progress of | 14 | | capital projects including whether the percentage of | 15 | | completion and costs incurred are timely; | 16 | | (10) require the commission's staff accountant to | 17 | | perform bank reconciliations and general ledger account | 18 | | reconciliations on a monthly basis; the finance director | 19 | | shall review these reconciliations and provide them to the | 20 | | treasurer and the finance committee on a monthly basis; | 21 | | (l1) establish policies to ensure the proper | 22 | | segregation of the financial duties performed by | 23 | | employees; | 24 | | (12) restrict access to the established accounting | 25 | | systems and general ledger systems and provide for adequate | 26 | | segregation of duties so that no single person has sole |
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| 1 | | access and control over the accounting system or the | 2 | | general ledger system; | 3 | | (13) require that the finance director review and | 4 | | approve all manual journal entries and supporting | 5 | | documentation; the treasurer shall review and approve the | 6 | | finance director's review and approval of manual journal | 7 | | entries and supporting documentation; | 8 | | (14) require that the finance director closely monitor | 9 | | the progress of construction projects; | 10 | | (15) require that the finance director carefully | 11 | | document any GAAP analysis or communications with GASB and | 12 | | provide full and timely reports for the same to the finance | 13 | | committee; and | 14 | | (16) retain an outside independent auditor to perform a | 15 | | comprehensive audit of the water commission's financial | 16 | | activities for each fiscal year in conformance with the | 17 | | standard practices of the Association of Governmental | 18 | | Auditors; within 30 days after the independent audit is | 19 | | completed, the results of the audit must be sent to the | 20 | | county auditor ; and .
| 21 | | (17) on or after the effective date of this amendatory | 22 | | Act of the 99th General Assembly, to bill for any utility | 23 | | service, including previously unbilled service, supplied | 24 | | to a residential customer or non-residential customer | 25 | | within 24 months after the provision of that service to the | 26 | | customer. The time limit of this paragraph shall not apply |
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| 1 | | to previously unbilled service attributed to tampering, | 2 | | theft of service, fraud, or any other intentional or | 3 | | unintentional act not caused by the utility preventing the | 4 | | utility's recorded efforts to obtain an accurate reading of | 5 | | the meter. The commission shall not intentionally delay | 6 | | billing beyond the normal bill cycle. | 7 | | (Source: P.A. 96-1389, eff. 7-29-10.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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