Illinois General Assembly

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 Bill Status of HB3372  97th General Assembly


Short Description:  CNTY CD-STORMWATER MANAGEMENT

House Sponsors
Rep. Mike Fortner - Michael W. Tryon - Karen May - Barbara Flynn Currie - Dave Winters, Elaine Nekritz, Rita Mayfield, Lisa M. Dugan, Robyn Gabel and Cynthia Soto

Senate Sponsors
(Sen. Kirk W. Dillard - Michael Noland - Jacqueline Y. Collins - Iris Y. Martinez - James T. Meeks and Heather A. Steans)

Last Action
DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
55 ILCS 5/5-1062from Ch. 34, par. 5-1062
55 ILCS 5/5-1062.2


Synopsis As Introduced
Amends the Counties Code. Provides that a county board in a metropolitan county located in the area served by the Northeastern Illinois Planning Commission, or Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, or Boone county, that has adopted a stormwater management plan may adopt a schedule of fees applicable to real property within the county that benefits from the county's stormwater management facilities and activities. Sets forth the circumstances under which a fee schedule may be adopted and the uses for the fees. Caps the fees at the same limit as an authorized stormwater tax that has been approved by referendum in the county. Provides that the county shall give land owners at least 2 years' notice of the fee during which time the county shall provide education on green infrastructure practices and an opportunity to take action to reduce or eliminate the fee. Further provides that a fee waiver shall be included for property owners who have taken actions or put in place facilities that are approved by the county that reduce or eliminate the cost of managing runoff. Provides that the county may enter into intergovernmental agreements with other bodies of government for the joint administration of stormwater management and collection of the fees. Provides that if a county adopts a fee schedule and has existing debt repayments to make, the remainder of that debt may be paid with proceeds from a tax imposed for stormwater management purposes. Effective immediately.

House Committee Amendment No. 1
Further amends the Counties Code. Provides that an authorized fee schedule "must have the same limit as the authorized stormwater tax".

House Committee Amendment No. 2
Further amends the Counties Code. Provides that a stormwater management committee may also offer tax rebates or incentive payments to property owners who construct, maintain, and use approved green infrastructure stormwater management devices. Authorizes additional counties to adopt a schedule of stormwater management fees. Prohibits the stormwater management fee from being used to cover certain enforcement costs. Removes a provision that required part of a county, in order to adopt a fee schedule, to have been declared a disaster area as a result of flooding by a presidential proclamation after July 1, 1986. Provides that if a county adopts a fee schedule, "it may not also levy a tax"; however, if that county has existing debt repayments to make, the remainder of the debt may be paid with proceeds from a tax imposed for stormwater management purposes. Makes technical changes.

House Floor Amendment No. 3
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendments 1 and 2. Changes the term "land owner" to "property owner" in certain provisions. Sets forth the question to be submitted to the voters on whether to adopt a schedule of fees. Effective immediately.

Senate Floor Amendment No. 1
Deletes reference to:
55 ILCS 5/5-1062
55 ILCS 5/5-1062.2
Adds reference to:
735 ILCS 5/13-120from Ch. 110, par. 13-120
765 ILCS 5/30from Ch. 30, par. 29

Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that other provisions of the Code are deemed not to affect any easement obtained by a governmental entity in an eminent domain action for the construction of a public improvement of an underground water main, storm sewer, or sanitary sewer regardless of whether the easement is recorded in the recorder's office, provided that the governmental entity shows that the easement was obtained by a final judgment in a condemnation action and shows the subsequent payment of just compensation. Amends the Conveyances Act. In language stating that any deed or title paper shall be adjudged void as to all creditors and subsequent purchasers, without notice, until the deed or title paper is filed for record, provides this exception: any easement obtained by a governmental entity in an eminent domain action for the construction of a public improvement of an underground water main, storm sewer, or sanitary sewer is deemed valid regardless of whether the easement is recorded in the recorder's office, provided that the governmental entity shows that the easement was obtained in a condemnation action by a final judgment and shows the required subsequent deposit of just compensation or the payment of just compensation under any other statute used by the governmental entity providing for the exercise of eminent domain.

Senate Floor Amendment No. 2
Adds reference to:
70 ILCS 2605/307 new

Amends the Metropolitan Water Reclamation District Act. Enlarges the corporate limits of the District.

Actions 
DateChamber Action
  2/24/2011HouseFiled with the Clerk by Rep. Mike Fortner
  2/24/2011HouseFirst Reading
  2/24/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Counties & Townships Committee
  3/1/2011HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/9/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mike Fortner
  3/9/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2011HouseAdded Chief Co-Sponsor Rep. Michael W. Tryon
  3/9/2011HouseAdded Chief Co-Sponsor Rep. Karen May
  3/9/2011HouseHouse Committee Amendment No. 1 Rules Refers to Counties & Townships Committee
  3/10/2011HouseHouse Committee Amendment No. 1 Adopted in Counties & Townships Committee; by Voice Vote
  3/10/2011HouseMotion Do Pass as Amended - Lost Counties & Townships Committee; 002-003-000
  3/10/2011HouseRemains in Counties & Townships Committee
  3/16/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Mike Fortner
  3/16/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/16/2011HouseHouse Committee Amendment No. 2 Rules Refers to Counties & Townships Committee
  3/17/2011HouseHouse Committee Amendment No. 2 Adopted in Counties & Townships Committee; by Voice Vote
  3/17/2011HouseDo Pass as Amended / Short Debate Counties & Townships Committee; 007-000-000
  3/17/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/30/2011HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/30/2011HouseAdded Chief Co-Sponsor Rep. Dave Winters
  3/30/2011HouseAdded Co-Sponsor Rep. Rita Mayfield
  3/30/2011HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/30/2011HouseAdded Co-Sponsor Rep. Robyn Gabel
  3/31/2011HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/5/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mike Fortner
  4/5/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/6/2011HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  4/12/2011HouseSecond Reading - Short Debate
  4/12/2011HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  4/12/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/13/2011HouseThird Reading - Short Debate - Passed 073-043-000
  4/13/2011SenateArrive in Senate
  4/13/2011SenatePlaced on Calendar Order of First Reading
  4/13/2011SenateChief Senate Sponsor Sen. David Koehler
  4/13/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  4/13/2011SenateFirst Reading
  4/13/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Local Government
  5/4/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/6/2011SenatePostponed - Local Government
  5/12/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/13/2011SenateDo Pass Local Government; 009-000-000
  5/13/2011SenatePlaced on Calendar Order of 2nd Reading May 16, 2011
  7/14/2011SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  10/12/2011SenateApproved for Consideration Assignments
  10/12/2011SenatePlaced on Calendar Order of 2nd Reading October 25, 2011
  10/24/2011SenateRule 2-10 Third Reading Deadline Established As November 10, 2011
  1/14/2012SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  5/8/2012SenateApproved for Consideration Assignments
  5/8/2012SenatePlaced on Calendar Order of 2nd Reading May 9, 2012
  5/18/2012SenateSponsor Removed Sen. David Koehler
  5/18/2012SenateAlternate Chief Sponsor Changed to Sen. Kirk W. Dillard
  5/21/2012SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  5/21/2012SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/22/2012SenateSenate Floor Amendment No. 1 Assignments Refers to Local Government
  5/23/2012SenateSenate Floor Amendment No. 1 Recommend Do Adopt Local Government; 005-000-000
  5/23/2012SenateSecond Reading
  5/23/2012SenateSenate Floor Amendment No. 1 Adopted; Dillard
  5/23/2012SenatePlaced on Calendar Order of 3rd Reading May 24, 2012
  5/24/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Matt Murphy
  5/24/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/25/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Local Government
  5/25/2012SenateRule 2-10 Third Reading Deadline Established As May 31, 2012
  5/29/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Local Government; 006-000-000
  5/30/2012SenateRecalled to Second Reading
  5/30/2012SenateSenate Floor Amendment No. 2 Adopted; Murphy
  5/30/2012SenatePlaced on Calendar Order of 3rd Reading
  5/30/2012SenateAdded as Alternate Chief Co-Sponsor Sen. James T. Meeks
  5/30/2012SenateThird Reading - Passed; 049-004-000
  5/30/2012HouseArrived in House
  5/30/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/30/2012HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Mike Fortner
  5/30/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Mike Fortner
  5/30/2012HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  7/27/2012HouseRule 19(b) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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