Bill Text: IL HB5605 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5605 Detail]

Download: Illinois-2017-HB5605-Introduced.html

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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
HB5605 LRB100 20055 AWJ 35337 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
Sections 11-129-6.5, 11-130-3.5, and 11-139-8.5 as follows:
(65 ILCS 5/11-129-6.5 new)
Sec. 11-129-6.5. Unconscionable rates; gross disparities.
(a) A municipal waterworks system or water supply system
may not charge consumers for the provision of water service in
an amount that:
(1) is determined by a court to be unconscionably
extreme; or
(2) represents a gross disparity between the cost to
the municipality of providing the water service and the
cost charged to the consumer.
(b) A home rule municipality may not charge consumers for
the provision of water service in a manner inconsistent with
this Section. This Section is a limitation under subsection (i)
of Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(65 ILCS 5/11-130-3.5 new)

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

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