100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5605

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-129-6.5 new
65 ILCS 5/11-130-3.5 new
65 ILCS 5/11-139-8.5 new
30 ILCS 805/8.42 new

    Amends the Illinois Municipal Code. Provides that a municipal waterworks system, water supply system, or combined waterworks and sewerage system may not charge consumers for the provision of water service in an amount that is determined by a court to be unconscionably extreme or represents a gross disparity between the cost to the municipality of providing the water service and the cost charged to the consumer. Limits home rule powers. Amends the State Mandates Act requiring implementation without reimbursement. Effective immediately.


LRB100 20055 AWJ 35337 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5605LRB100 20055 AWJ 35337 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Sections 11-129-6.5, 11-130-3.5, and 11-139-8.5 as follows:
 
6    (65 ILCS 5/11-129-6.5 new)
7    Sec. 11-129-6.5. Unconscionable rates; gross disparities.
8    (a) A municipal waterworks system or water supply system
9may not charge consumers for the provision of water service in
10an amount that:
11        (1) is determined by a court to be unconscionably
12    extreme; or
13        (2) represents a gross disparity between the cost to
14    the municipality of providing the water service and the
15    cost charged to the consumer.
16    (b) A home rule municipality may not charge consumers for
17the provision of water service in a manner inconsistent with
18this Section. This Section is a limitation under subsection (i)
19of Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule units of powers and functions
21exercised by the State.
 
22    (65 ILCS 5/11-130-3.5 new)

 

 

HB5605- 2 -LRB100 20055 AWJ 35337 b

1    Sec. 11-130-3.5. Unconscionable rates; gross disparities.
2    (a) A municipal waterworks system may not charge consumers
3for the provision of water service in an amount that:
4        (1) is determined by a court to be unconscionably
5    extreme; or
6        (2) represents a gross disparity between the cost to
7    the municipality of providing the water service and the
8    cost charged to the consumer.
9    (b) A home rule municipality may not charge consumers for
10the provision of water service in a manner inconsistent with
11this Section. This Section is a limitation under subsection (i)
12of Section 6 of Article VII of the Illinois Constitution on the
13concurrent exercise by home rule units of powers and functions
14exercised by the State.
 
15    (65 ILCS 5/11-139-8.5 new)
16    Sec. 11-139-8.5. Unconscionable rates; gross disparities.
17    (a) A municipality that maintains and operations a combined
18waterworks and sewerage system may not charge consumers for the
19provision of water service in an amount that:
20        (1) is determined by a court to be unconscionably
21    extreme; or
22        (2) represents a gross disparity between the cost to
23    the municipality of providing the water service and the
24    cost charged to the consumer.
25    (b) A home rule municipality may not charge consumers for

 

 

HB5605- 3 -LRB100 20055 AWJ 35337 b

1the provision of water service in a manner inconsistent with
2this Section. This Section is a limitation under subsection (i)
3of Section 6 of Article VII of the Illinois Constitution on the
4concurrent exercise by home rule units of powers and functions
5exercised by the State.
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.42 as follows:
 
8    (30 ILCS 805/8.42 new)
9    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
10of this Act, no reimbursement by the State is required for the
11implementation of any mandate created by this amendatory Act of
12the 100th General Assembly.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.