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.