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| Public Act 100-0178
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| HB3400 Enrolled | LRB100 05971 AWJ 15999 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by adding |
Section 11-150-2 as follows:
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(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; |
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(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.
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Section 10. The Public Water District Act is amended by |
adding Section 7.4 as follows:
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(70 ILCS 3705/7.4 new) |
Sec. 7.4. Billing for services. |
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(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 |
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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.
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Section 15. The Water Service District Act is amended by |
adding Section 5.3 as follows:
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(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 |
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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.
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Section 20. The Water Authorities Act is amended by |
changing Section 6 as follows:
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(70 ILCS 3715/6) (from Ch. 111 2/3, par. 228)
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Sec. 6. Such board of trustees shall have the following |
powers:
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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.
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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.
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3. To require permits from them for all additional wells or
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withdrawal facilities or for the deepening, extending or |
enlarging
existing wells or withdrawal facilities.
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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.
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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 |
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has taken care of increased requirements by installing and |
using
equipment and facilities permitting the use of surface |
water by such
user.
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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
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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.
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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 |
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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
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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.
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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
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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.
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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.
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10. To provide by ordinance that the violation of any |
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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.
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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 |
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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
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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.
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(Source: P.A. 86-4.)
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Section 25. The Water Commission Act of 1985 is amended by |
changing Section 0.001b as follows:
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(70 ILCS 3720/0.001b) |
Sec. 0.001b. Powers and duties. A water commission has the |
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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 |
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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 |
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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 .
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(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 |
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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.)
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Section 99. Effective date. This Act takes effect upon |
