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Public Act 100-0178


 

Public Act 0178 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0178
 
HB3400 EnrolledLRB100 05971 AWJ 15999 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by adding
Section 11-150-2 as follows:
 
    (65 ILCS 5/11-150-2 new)
    Sec. 11-150-2. Billing for services.
    (a) On or after the effective date of this amendatory Act
of the 100th General Assembly, the corporate authorities of any
municipality operating a waterworks or combined waterworks and
sewerage system:
        (1) shall bill for any utility service, including
    previously unbilled service: (A) within 12 months after the
    provision of that service to the customer if the service is
    supplied to a residential customer; or (B) within 24 months
    after the provision of that service to that customer if the
    service is supplied to a non-residential customer;
    however, the corporate authorities of a municipality may
    bill for unpaid amounts that were billed to a customer or
    if the customer was notified that there is an unpaid amount
    before the effective date of this amendatory Act of the
    100th General Assembly for service that was supplied to the
    customer before January 1, 2016;
        (2) shall not intentionally delay billing beyond the
    normal billing cycle;
        (3) shall label any amount attributed to previously
    unbilled service as such on the customer's bill and include
    the beginning and ending dates for the period during which
    the previously unbilled amount accrued;
        (4) shall issue the makeup billing amount calculated on
    a prorated basis to reflect the varying rates for
    previously unbilled service accrued over a period of time
    when the rates for service have varied; and
        (5) shall provide the customer with the option of a
    payment arrangement to retire the makeup bill for
    previously unbilled service by periodic payments, without
    interest or late fees, over a time equal to the amount of
    time the billing was delayed.
    (b) The time limit of paragraph (1) of subsection (a) shall
not apply to previously unbilled service attributed to
tampering, theft of service, fraud, or the customer preventing
the utility's recorded efforts to obtain an accurate reading of
the meter.
 
    Section 10. The Public Water District Act is amended by
adding Section 7.4 as follows:
 
    (70 ILCS 3705/7.4 new)
    Sec. 7.4. Billing for services.
    (a) On or after the effective date of this amendatory Act
of the 100th General Assembly, a public water district:
        (1) shall bill for any utility service, including
    previously unbilled service: (A) within 12 months after the
    provision of that service to the customer if the service is
    supplied to a residential customer; or (B) within 24 months
    after the provision of that service to that customer if the
    service is supplied to a non-residential customer;
    however, the public water district may bill for unpaid
    amounts that were billed to a customer or if the customer
    was notified that there is an unpaid amount before the
    effective date of this amendatory Act of the 100th General
    Assembly for service that was supplied to the customer
    before January 1, 2016;
        (2) shall not intentionally delay billing beyond the
    normal billing cycle;
        (3) shall label any amount attributed to previously
    unbilled service as such on the customer's bill and include
    the beginning and ending dates for the period during which
    the previously unbilled amount accrued;
        (4) shall issue the makeup billing amount calculated on
    a prorated basis to reflect the varying rates for
    previously unbilled service accrued over a period of time
    when the rates for service have varied; and
        (5) shall provide the customer with the option of a
    payment arrangement to retire the makeup bill for
    previously unbilled service by periodic payments, without
    interest or late fees, over a time equal to the amount of
    time the billing was delayed.
    (b) The time limit of paragraph (1) of subsection (a) shall
not apply to previously unbilled service attributed to
tampering, theft of service, fraud, or the customer preventing
the utility's recorded efforts to obtain an accurate reading of
the meter.
 
    Section 15. The Water Service District Act is amended by
adding Section 5.3 as follows:
 
    (70 ILCS 3710/5.3 new)
    Sec. 5.3. Billing for services.
    (a) On or after the effective date of this amendatory Act
of the 100th General Assembly, a water service district:
        (1) shall bill for any utility service, including
    previously unbilled service: (A) within 12 months after the
    provision of that service to the customer if the service is
    supplied to a residential customer; or (B) within 24 months
    after the provision of that service to that customer if the
    service is supplied to a non-residential customer;
    however, the water service district may bill for unpaid
    amounts that were billed to a customer or if the customer
    was notified that there is an unpaid amount before the
    effective date of this amendatory Act of the 100th General
    Assembly for service that was supplied to the customer
    before January 1, 2016;
        (2) shall not intentionally delay billing beyond the
    normal billing cycle;
        (3) shall label any amount attributed to previously
    unbilled service as such on the customer's bill and include
    the beginning and ending dates for the period during which
    the previously unbilled amount accrued;
        (4) shall issue the makeup billing amount calculated on
    a prorated basis to reflect the varying rates for
    previously unbilled service accrued over a period of time
    when the rates for service have varied; and
        (5) shall provide the customer with the option of a
    payment arrangement to retire the makeup bill for
    previously unbilled service by periodic payments, without
    interest or late fees, over a time equal to the amount of
    time the billing was delayed.
    (b) The time limit of paragraph (1) of subsection (a) shall
not apply to previously unbilled service attributed to
tampering, theft of service, fraud, or the customer preventing
the utility's recorded efforts to obtain an accurate reading of
the meter.
 
    Section 20. The Water Authorities Act is amended by
changing Section 6 as follows:
 
    (70 ILCS 3715/6)  (from Ch. 111 2/3, par. 228)
    Sec. 6. Such board of trustees shall have the following
powers:
    1. To make inspections of wells or other withdrawal
facilities and to require information and data from the owners
or operators thereof concerning the supply, withdrawal and use
of water.
    2. To require the registration with them of all wells or
other withdrawal facilities in accordance with such form or
forms as they deem advisable.
    3. To require permits from them for all additional wells or
withdrawal facilities or for the deepening, extending or
enlarging existing wells or withdrawal facilities.
    4. To require the plugging of abandoned wells or the repair
of any well or withdrawal facility to prevent loss of water or
contamination of supply.
    5. To reasonably regulate the use of water and during any
period of actual or threatened shortage to establish limits
upon or priorities as to the use of water. In issuing any such
regulation, limitation, or priority, such board shall seek to
promote the common welfare by considering the public interest,
the average amount of present withdrawals, relative benefits or
importance of use, economy or efficiency of use and any other
reasonable differentiation. Appropriate consideration shall
also be given to any user, who has theretofore reduced the
volume of ground water previously consumed by such user or who
has taken care of increased requirements by installing and
using equipment and facilities permitting the use of surface
water by such user.
    6. To supplement the existing water supply or provide
additional water supply by such means as may be practicable or
feasible. They may acquire property or property rights either
within or without the boundaries of the authority by purchase,
lease, condemnation proceedings or otherwise, and they may
construct, maintain and operate wells, reservoirs, pumping
stations, purification plants, infiltration pits, recharging
wells and such other facilities as may be necessary to insure
an adequate supply of water for the present and future needs of
the authority. They shall have the right to sell water to
municipalities or public utilities operating water
distribution systems either within or without the authority.
    7. To levy and collect a general tax on all of the taxable
property within the corporate limits of the authority, the
aggregate amount of which for one year, exclusive of the amount
levied for bonded indebtedness or interest thereon, shall not
exceed .08 per cent of the value as equalized or assessed by
the Department of Revenue. For the purpose of acquiring
necessary property or facilities, to issue general obligation
bonds bearing interest at the rate of not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, and payable over a
period of not to exceed 20 years, the aggregate principal
amount of which at any one time outstanding shall not exceed
one-half of 1% of the value as equalized or assessed by the
Department of Revenue of all taxable property located within
the corporate limits of the authority and to levy and collect a
further or additional direct annual tax upon all the taxable
property within the corporate limits of such authority
sufficient to meet the principal and interest of such bonds as
the same mature. They shall also have authority to issue
revenue bonds payable solely out of anticipated revenues.
    8. To consult with and receive available information
concerning their duties and responsibilities from the State
Water Survey, the State Geological Survey, the Board of Natural
Resources and Conservation, the Water Resources and Flood
Control Board and any other board or commission of the State.
Before constructing any facility for providing additional
water supply, the plans therefor shall be submitted to and
approved by the Environmental Protection Agency or its
successor and all operations of such facilities shall be
conducted in accordance with such rules and regulations as may
from time to time be prescribed by the Pollution Control Board.
    9. To have the right by appropriate action in the circuit
court of any county in which such authority, or any part
thereof, is located to restrain any violation or threatened
violation of any of their orders, rules, regulations or
ordinances.
    10. To provide by ordinance that the violation of any
provision of any rule, regulation or ordinance adopted by them
shall constitute a misdemeanor subject to a fine by the circuit
court of not to exceed $50 for each act of violation and that
each day's violation shall constitute a separate offense.
    11. On or after the effective date of this amendatory Act
of the 100th General Assembly, to bill for any utility service,
including previously unbilled service, supplied to a
residential customer within 12 months, or a non-residential
customer within 24 months, after the provision of that service
to the customer; however, the water authority may bill for
unpaid amounts that were billed to a customer or if the
customer was notified that there is an unpaid amount before the
effective date of this amendatory Act of the 100th General
Assembly for service that was supplied to the customer before
January 1, 2016. The time limit of this paragraph shall not
apply to previously unbilled service attributed to tampering,
theft of service, fraud, or the customer preventing the
utility's recorded efforts to obtain an accurate reading of the
meter. The trustees shall: (i) label any amount attributed to
previously unbilled service as such on the customer's bill and
include the beginning and ending dates for the period during
which the previously unbilled amount accrued; (ii) issue the
makeup billing amount calculated on a prorated basis to reflect
the varying rates for previously unbilled service accrued over
a period of time when the rates for service have varied; and
(iii) provide the customer with the option of a payment
arrangement to retire the makeup bill for previously unbilled
service by periodic payments, without interest or late fees,
over a time equal to the amount of time the billing was
delayed. The trustees shall not intentionally delay billing
beyond the normal bill cycle.
    With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
 
    Section 25. The Water Commission Act of 1985 is amended by
changing Section 0.001b as follows:
 
    (70 ILCS 3720/0.001b)
    Sec. 0.001b. Powers and duties. A water commission has the
power and duty to:
        (1) establish and define the responsibilities of the
    commission and its committees;
        (2) establish and define the responsibilities of the
    commission's management and staff;
        (3) establish a finance committee to conduct monthly
    meetings to supervise staff's handling of financial
    matters and budgeting;
        (4) require the finance director and treasurer to
    report to the finance committee the status of all
    commission funds and obligations;
        (5) require the treasurer to report to the commission
    any improper or unnecessary expenditures, budgetary
    errors, or accounting irregularities;
        (6) require commission staff to document and comply
    with standard accounting policies, procedures, and
    controls to ensure accurate reporting to the finance
    committee and commission and to identify improper or
    unnecessary expenditures, budgetary errors, or accounting
    irregularities;
        (7) require the commission's finance director to
    provide monthly reports regarding the commission's cash
    and investment position including whether the commission
    has sufficient cash and investments to pay its debt
    service, operating expenses, and capital expenditures and
    maintain required reserve levels. The information shall
    include the required funding levels for restricted funds
    and unrestricted cash and investment balances with
    comparisons to unrestricted reserves. The information
    shall also include the type and performance of the
    commission's investments and description as to whether
    those investments are in compliance with the commission's
    investment policies;
        (8) require the commission's finance director to
    provide the commission with detailed information
    concerning the commission's operating performance
    including the budgeted and actual monthly amounts for water
    sales, water costs, and other operating expenses;
        (9) require commission staff to provide the commission
    with detailed information regarding the progress of
    capital projects including whether the percentage of
    completion and costs incurred are timely;
        (10) require the commission's staff accountant to
    perform bank reconciliations and general ledger account
    reconciliations on a monthly basis; the finance director
    shall review these reconciliations and provide them to the
    treasurer and the finance committee on a monthly basis;
        (11) establish policies to ensure the proper
    segregation of the financial duties performed by
    employees;
        (12) restrict access to the established accounting
    systems and general ledger systems and provide for adequate
    segregation of duties so that no single person has sole
    access and control over the accounting system or the
    general ledger system;
        (13) require that the finance director review and
    approve all manual journal entries and supporting
    documentation; the treasurer shall review and approve the
    finance director's review and approval of manual journal
    entries and supporting documentation;
        (14) require that the finance director closely monitor
    the progress of construction projects;
        (15) require that the finance director carefully
    document any GAAP analysis or communications with GASB and
    provide full and timely reports for the same to the finance
    committee; and
        (16) retain an outside independent auditor to perform a
    comprehensive audit of the water commission's financial
    activities for each fiscal year in conformance with the
    standard practices of the Association of Governmental
    Auditors; within 30 days after the independent audit is
    completed, the results of the audit must be sent to the
    county auditor; and .
        (17) on or after the effective date of this amendatory
    Act of the 100th General Assembly, bill for any utility
    service, including previously unbilled service, supplied
    to a residential customer within 12 months, or a
    non-residential customer within 24 months, after the
    provision of that service to the customer; however, the
    water commission may bill for unpaid amounts that were
    billed to a customer or if the customer was notified that
    there is an unpaid amount before the effective date of this
    amendatory Act of the 100th General Assembly for service
    that was supplied to the customer before January 1, 2016.
    The time limit of this paragraph shall not apply to
    previously unbilled service attributed to tampering, theft
    of service, fraud, or the customer preventing the utility's
    recorded efforts to obtain an accurate reading of the
    meter. The commission shall: (i) label any amount
    attributed to previously unbilled service as such on the
    customer's bill and include the beginning and ending dates
    for the period during which the previously unbilled amount
    accrued; (ii) issue the makeup billing amount calculated on
    a prorated basis to reflect the varying rates for
    previously unbilled service accrued over a period of time
    when the rates for service have varied; and (iii) provide
    the customer with the option of a payment arrangement to
    retire the makeup bill for previously unbilled service by
    periodic payments, without interest or late fees, over a
    time equal to the amount of time the billing was delayed.
    The commission shall not intentionally delay billing
    beyond the normal bill cycle.
(Source: P.A. 96-1389, eff. 7-29-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2017