Illinois General Assembly - Full Text of HB5711
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Full Text of HB5711  99th General Assembly

HB5711sam001 99TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/13/2016

 

 


 

 


 
09900HB5711sam001LRB099 19395 AWJ 48624 a

1
AMENDMENT TO HOUSE BILL 5711

2    AMENDMENT NO. ______. Amend House Bill 5711 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5adding Section 11-150-2 as follows:
 
6    (65 ILCS 5/11-150-2 new)
7    Sec. 11-150-2. Billing for services.
8    (a) On or after the effective date of this amendatory Act
9of the 99th General Assembly, the corporate authorities of any
10municipality operating a waterworks or combined waterworks and
11sewerage system:
12        (1) shall bill for any utility service, including
13    previously unbilled service: (A) within 12 months after the
14    provision of that service to the customer if the service is
15    supplied to a residential customer; or (B) within 24 months
16    after the provision of that service to that customer if the

 

 

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1    service is supplied to a non-residential customer;
2        (2) shall not intentionally delay billing beyond the
3    normal billing cycle;
4        (3) shall label any amount attributed to previously
5    unbilled service as such on the customer's bill and include
6    the beginning and ending dates for the period during which
7    the previously unbilled amount accrued;
8        (4) shall issue the makeup billing amount calculated on
9    a prorated basis to reflect the varying rates for
10    previously unbilled service accrued over a period of time
11    when the rates for service have varied; and
12        (5) shall provide the customer with the option of a
13    payment arrangement to retire the makeup bill for
14    previously unbilled service by periodic payments, without
15    interest or late fees, over a time equal to the amount of
16    time the billing was delayed.
17    (b) The time limit of paragraph (1) of subsection (a) shall
18not apply to previously unbilled service attributed to
19tampering, theft of service, fraud, or the customer preventing
20the utility's recorded efforts to obtain an accurate reading of
21the meter.
 
22    Section 10. The Public Water District Act is amended by
23adding Section 7.4 as follows:
 
24    (70 ILCS 3705/7.4 new)

 

 

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1    Sec. 7.4. Billing for services.
2    (a) On or after the effective date of this amendatory Act
3of the 99th General Assembly, a public water district:
4        (1) shall bill for any utility service, including
5    previously unbilled service: (A) within 12 months after the
6    provision of that service to the customer if the service is
7    supplied to a residential customer; or (B) within 24 months
8    after the provision of that service to that customer if the
9    service is supplied to a non-residential customer;
10        (2) shall not intentionally delay billing beyond the
11    normal billing cycle;
12        (3) shall label any amount attributed to previously
13    unbilled service as such on the customer's bill and include
14    the beginning and ending dates for the period during which
15    the previously unbilled amount accrued;
16        (4) shall issue the makeup billing amount calculated on
17    a prorated basis to reflect the varying rates for
18    previously unbilled service accrued over a period of time
19    when the rates for service have varied; and
20        (5) shall provide the customer with the option of a
21    payment arrangement to retire the makeup bill for
22    previously unbilled service by periodic payments, without
23    interest or late fees, over a time equal to the amount of
24    time the billing was delayed.
25    (b) The time limit of paragraph (1) of subsection (a) shall
26not apply to previously unbilled service attributed to

 

 

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1tampering, theft of service, fraud, or the customer preventing
2the utility's recorded efforts to obtain an accurate reading of
3the meter.
 
4    Section 15. The Water Service District Act is amended by
5adding Section 5.3 as follows:
 
6    (70 ILCS 3710/5.3 new)
7    Sec. 5.3. Billing for services.
8    (a) On or after the effective date of this amendatory Act
9of the 99th General Assembly, a water service district:
10        (1) shall bill for any utility service, including
11    previously unbilled service: (A) within 12 months after the
12    provision of that service to the customer if the service is
13    supplied to a residential customer; or (B) within 24 months
14    after the provision of that service to that customer if the
15    service is supplied to a non-residential customer;
16        (2) shall not intentionally delay billing beyond the
17    normal billing cycle;
18        (3) shall label any amount attributed to previously
19    unbilled service as such on the customer's bill and include
20    the beginning and ending dates for the period during which
21    the previously unbilled amount accrued;
22        (4) shall issue the makeup billing amount calculated on
23    a prorated basis to reflect the varying rates for
24    previously unbilled service accrued over a period of time

 

 

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1    when the rates for service have varied; and
2        (5) shall provide the customer with the option of a
3    payment arrangement to retire the makeup bill for
4    previously unbilled service by periodic payments, without
5    interest or late fees, over a time equal to the amount of
6    time the billing was delayed.
7    (b) The time limit of paragraph (1) of subsection (a) shall
8not apply to previously unbilled service attributed to
9tampering, theft of service, fraud, or the customer preventing
10the utility's recorded efforts to obtain an accurate reading of
11the meter.
 
12    Section 20. The Water Authorities Act is amended by
13changing 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
16powers:
17    1. To make inspections of wells or other withdrawal
18facilities and to require information and data from the owners
19or operators thereof concerning the supply, withdrawal and use
20of water.
21    2. To require the registration with them of all wells or
22other withdrawal facilities in accordance with such form or
23forms as they deem advisable.
24    3. To require permits from them for all additional wells or

 

 

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1withdrawal facilities or for the deepening, extending or
2enlarging existing wells or withdrawal facilities.
3    4. To require the plugging of abandoned wells or the repair
4of any well or withdrawal facility to prevent loss of water or
5contamination of supply.
6    5. To reasonably regulate the use of water and during any
7period of actual or threatened shortage to establish limits
8upon or priorities as to the use of water. In issuing any such
9regulation, limitation, or priority, such board shall seek to
10promote the common welfare by considering the public interest,
11the average amount of present withdrawals, relative benefits or
12importance of use, economy or efficiency of use and any other
13reasonable differentiation. Appropriate consideration shall
14also be given to any user, who has theretofore reduced the
15volume of ground water previously consumed by such user or who
16has taken care of increased requirements by installing and
17using equipment and facilities permitting the use of surface
18water by such user.
19    6. To supplement the existing water supply or provide
20additional water supply by such means as may be practicable or
21feasible. They may acquire property or property rights either
22within or without the boundaries of the authority by purchase,
23lease, condemnation proceedings or otherwise, and they may
24construct, maintain and operate wells, reservoirs, pumping
25stations, purification plants, infiltration pits, recharging
26wells and such other facilities as may be necessary to insure

 

 

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1an adequate supply of water for the present and future needs of
2the authority. They shall have the right to sell water to
3municipalities or public utilities operating water
4distribution systems either within or without the authority.
5    7. To levy and collect a general tax on all of the taxable
6property within the corporate limits of the authority, the
7aggregate amount of which for one year, exclusive of the amount
8levied for bonded indebtedness or interest thereon, shall not
9exceed .08 per cent of the value as equalized or assessed by
10the Department of Revenue. For the purpose of acquiring
11necessary property or facilities, to issue general obligation
12bonds bearing interest at the rate of not to exceed the maximum
13rate authorized by the Bond Authorization Act, as amended at
14the time of the making of the contract, and payable over a
15period of not to exceed 20 years, the aggregate principal
16amount of which at any one time outstanding shall not exceed
17one-half of 1% of the value as equalized or assessed by the
18Department of Revenue of all taxable property located within
19the corporate limits of the authority and to levy and collect a
20further or additional direct annual tax upon all the taxable
21property within the corporate limits of such authority
22sufficient to meet the principal and interest of such bonds as
23the same mature. They shall also have authority to issue
24revenue bonds payable solely out of anticipated revenues.
25    8. To consult with and receive available information
26concerning their duties and responsibilities from the State

 

 

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1Water Survey, the State Geological Survey, the Board of Natural
2Resources and Conservation, the Water Resources and Flood
3Control Board and any other board or commission of the State.
4Before constructing any facility for providing additional
5water supply, the plans therefor shall be submitted to and
6approved by the Environmental Protection Agency or its
7successor and all operations of such facilities shall be
8conducted in accordance with such rules and regulations as may
9from time to time be prescribed by the Pollution Control Board.
10    9. To have the right by appropriate action in the circuit
11court of any county in which such authority, or any part
12thereof, is located to restrain any violation or threatened
13violation of any of their orders, rules, regulations or
14ordinances.
15    10. To provide by ordinance that the violation of any
16provision of any rule, regulation or ordinance adopted by them
17shall constitute a misdemeanor subject to a fine by the circuit
18court of not to exceed $50 for each act of violation and that
19each day's violation shall constitute a separate offense.
20    11. On or after the effective date of this amendatory Act
21of the 99th General Assembly, to bill for any utility service,
22including previously unbilled service, supplied to a
23residential customer within 12 months, or a non-residential
24customer within 24 months, after the provision of that service
25to the customer. The time limit of this paragraph shall not
26apply to previously unbilled service attributed to tampering,

 

 

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1theft of service, fraud, or the customer preventing the
2utility's recorded efforts to obtain an accurate reading of the
3meter. The trustees shall: (i) label any amount attributed to
4previously unbilled service as such on the customer's bill and
5include the beginning and ending dates for the period during
6which the previously unbilled amount accrued; (ii) issue the
7makeup billing amount calculated on a prorated basis to reflect
8the varying rates for previously unbilled service accrued over
9a period of time when the rates for service have varied; and
10(iii) provide the customer with the option of a payment
11arrangement to retire the makeup bill for previously unbilled
12service by periodic payments, without interest or late fees,
13over a time equal to the amount of time the billing was
14delayed. The trustees shall not intentionally delay billing
15beyond the normal bill cycle.
16    With respect to instruments for the payment of money issued
17under this Section either before, on, or after the effective
18date of this amendatory Act of 1989, it is and always has been
19the intention of the General Assembly (i) that the Omnibus Bond
20Acts are and always have been supplementary grants of power to
21issue instruments in accordance with the Omnibus Bond Acts,
22regardless of any provision of this Act that may appear to be
23or to have been more restrictive than those Acts, (ii) that the
24provisions of this Section are not a limitation on the
25supplementary authority granted by the Omnibus Bond Acts, and
26(iii) that instruments issued under this Section within the

 

 

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1supplementary authority granted by the Omnibus Bond Acts are
2not invalid because of any provision of this Act that may
3appear to be or to have been more restrictive than those Acts.
4(Source: P.A. 86-4.)
 
5    Section 25. The Water Commission Act of 1985 is amended by
6changing Section 0.001b as follows:
 
7    (70 ILCS 3720/0.001b)
8    Sec. 0.001b. Powers and duties. A water commission has the
9power and duty to:
10        (1) establish and define the responsibilities of the
11    commission and its committees;
12        (2) establish and define the responsibilities of the
13    commission's management and staff;
14        (3) establish a finance committee to conduct monthly
15    meetings to supervise staff's handling of financial
16    matters and budgeting;
17        (4) require the finance director and treasurer to
18    report to the finance committee the status of all
19    commission funds and obligations;
20        (5) require the treasurer to report to the commission
21    any improper or unnecessary expenditures, budgetary
22    errors, or accounting irregularities;
23        (6) require commission staff to document and comply
24    with standard accounting policies, procedures, and

 

 

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1    controls to ensure accurate reporting to the finance
2    committee and commission and to identify improper or
3    unnecessary expenditures, budgetary errors, or accounting
4    irregularities;
5        (7) require the commission's finance director to
6    provide monthly reports regarding the commission's cash
7    and investment position including whether the commission
8    has sufficient cash and investments to pay its debt
9    service, operating expenses, and capital expenditures and
10    maintain required reserve levels. The information shall
11    include the required funding levels for restricted funds
12    and unrestricted cash and investment balances with
13    comparisons to unrestricted reserves. The information
14    shall also include the type and performance of the
15    commission's investments and description as to whether
16    those investments are in compliance with the commission's
17    investment policies;
18        (8) require the commission's finance director to
19    provide the commission with detailed information
20    concerning the commission's operating performance
21    including the budgeted and actual monthly amounts for water
22    sales, water costs, and other operating expenses;
23        (9) require commission staff to provide the commission
24    with detailed information regarding the progress of
25    capital projects including whether the percentage of
26    completion and costs incurred are timely;

 

 

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1        (10) require the commission's staff accountant to
2    perform bank reconciliations and general ledger account
3    reconciliations on a monthly basis; the finance director
4    shall review these reconciliations and provide them to the
5    treasurer and the finance committee on a monthly basis;
6        (l1) establish policies to ensure the proper
7    segregation of the financial duties performed by
8    employees;
9        (12) restrict access to the established accounting
10    systems and general ledger systems and provide for adequate
11    segregation of duties so that no single person has sole
12    access and control over the accounting system or the
13    general ledger system;
14        (13) require that the finance director review and
15    approve all manual journal entries and supporting
16    documentation; the treasurer shall review and approve the
17    finance director's review and approval of manual journal
18    entries and supporting documentation;
19        (14) require that the finance director closely monitor
20    the progress of construction projects;
21        (15) require that the finance director carefully
22    document any GAAP analysis or communications with GASB and
23    provide full and timely reports for the same to the finance
24    committee; and
25        (16) retain an outside independent auditor to perform a
26    comprehensive audit of the water commission's financial

 

 

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1    activities for each fiscal year in conformance with the
2    standard practices of the Association of Governmental
3    Auditors; within 30 days after the independent audit is
4    completed, the results of the audit must be sent to the
5    county auditor; and .
6        (17) on or after the effective date of this amendatory
7    Act of the 99th General Assembly, bill for any utility
8    service, including previously unbilled service, supplied
9    to a residential customer within 12 months, or a
10    non-residential customer within 24 months, after the
11    provision of that service to the customer. The time limit
12    of this paragraph shall not apply to previously unbilled
13    service attributed to tampering, theft of service, fraud,
14    or the customer preventing the utility's recorded efforts
15    to obtain an accurate reading of the meter. The commission
16    shall: (i) label any amount attributed to previously
17    unbilled service as such on the customer's bill and include
18    the beginning and ending dates for the period during which
19    the previously unbilled amount accrued; (ii) issue the
20    makeup billing amount calculated on a prorated basis to
21    reflect the varying rates for previously unbilled service
22    accrued over a period of time when the rates for service
23    have varied; and (iii) provide the customer with the option
24    of a payment arrangement to retire the makeup bill for
25    previously unbilled service by periodic payments, without
26    interest or late fees, over a time equal to the amount of

 

 

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1    time the billing was delayed. The commission shall not
2    intentionally delay billing beyond the normal bill cycle.
3(Source: P.A. 96-1389, eff. 7-29-10.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".