104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5391

 

Introduced 2/10/2026, by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Government Reporting Enhancement and Transparency Act. Provides that, beginning fiscal year 2028, the annual cash receipts from all external sources of a local government shall determine if the local government is a Category 1 government, Category 2 government, Category 3 government, or Category 4 government. Provides that, each fiscal year, the responsible officials of a Category 1 local government shall appoint an auditing committee composed of 3 independent electors to inspect the local government's records using the template for that fiscal year published by the Comptroller. Provides that, each fiscal year, the responsible officials of a Category 2 local government shall enter into agreed upon procedures with an independent CPA. Requires the agreed upon procedures to align with the minimum agreed upon procedures published by the Comptroller. Provides that the responsible officials of a Category 3 local government shall oversee management's preparation of the local government's draft financial statements following the cash basis of accounting. Provides that the responsible officials of a Category 4 local government shall oversee management's preparation of the local government's draft financial statements following GAAP. Provides that, upon completion of the Category 3 local government's or Category 4 local government's draft financial statements, management shall furnish the draft financial statements to the local government's independent CPA firm for audit. Limits home rule powers. Makes other and conforming changes to various Acts. Effective immediately.


LRB104 18487 RTM 31929 b

 

 

A BILL FOR

 

HB5391LRB104 18487 RTM 31929 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Government Reporting Enhancement and Transparency Act.
 
7    Section 1-5. Purpose. The purpose of this Act is to
8establish a uniform, simplified reporting framework for local
9government reporting requirements to the Comptroller with an
10independent review process.
 
11    Section 1-10. Definitions. In this Act:
12    "Agreed-upon procedures" or "AUPs" is an attestation
13engagement performed in accordance with attestation standards
14established by the American Institute of Certified Public
15Accountants where a CPA firm performs specific procedures on
16financial or non-financial information and reports the CPA
17firm's findings without providing an opinion or conclusion.
18    "Annual cash receipts from all external sources" means all
19cash received by a local government from sources outside of
20the government itself, including, but not limited to, taxes,
21fees, grants, intergovernmental revenues, and contributions

 

 

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1from private entities.
2    "Attorney General" means the Attorney General of the State
3of Illinois.
4    "Audit committee" means a subcommittee of the responsible
5officials of a local government responsible for overseeing
6financial reporting, monitoring internal controls, receiving
7and reviewing internal audit reports and reports prepared by
8an independent CPA firm, providing guidance on accounting,
9auditing, and financial reporting matters, and recommending
10the selection, retention, and compensation of the local
11government's independent CPA firm.
12    "Cash basis of accounting" means a method of accounting
13under which revenues are recognized only when cash is received
14and expenses are recognized only when cash is paid, without
15regard to when the related income is earned or obligations are
16incurred. For an entity that qualifies as a government under
17applicable guidance issued by the American Institute of
18Certified Public Accountants, the term means a method of
19accounting applied within the framework of funds recognized
20under GAAP promulgated by the Governmental Accounting
21Standards Board, under which assets, liabilities, deferred
22inflows of resources, and deferred outflows of resources that
23do not involve cash are not recorded, inflows of resources are
24recognized when cash is received by a fund, outflows of
25resources are recognized when cash is disbursed by a fund, and
26fund balances or net position categories reflect only

 

 

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1available cash classified in accordance with categories
2prescribed by the Governmental Accounting Standards Board.
3    "Consumer Price Index" means the Consumer Price Index for
4All Urban Consumers (CPI-U) published by the U.S. Bureau of
5Labor Statistics, or its successor index, used to adjust
6dollar amounts for inflation.
7    "Comptroller" means the Comptroller of the State of
8Illinois.
9    "CPA" means a licensed certified public accountant.
10    "CPA firm" means a sole proprietorship, corporation,
11registered limited liability partnership, professional limited
12liability company, partnership, professional service
13corporation, or any other form of organization issued a
14license in accordance with the Illinois Public Accounting Act
15or a CPA firm authorized to use the CPA firm title under
16Section 5.2 of the Illinois Public Accounting Act.
17    "Corporate authorities" means:
18        (1) the mayor and alderpersons or similar body when
19    the reference is to cities;
20        (2) the president and trustees or similar body when
21    the reference is to villages or incorporated towns; and
22        (3) the council when the reference is to
23    municipalities under the commission form of municipal
24    government.
25    "Generally accepted accounting principles" or "GAAP" means
26the body of accounting principles, standards, conventions,

 

 

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1rules, and procedures that are authoritatively established and
2generally accepted in the United States of America as of the
3relevant date.
4    "Generally accepted auditing standards" or "GAAS" means
5the professional standards governing the conduct of financial
6statement audits in the United States of America, as
7authoritatively established and generally accepted from time
8to time by the Auditing Standards Board of the American
9Institute of Certified Public Accountants as of the relevant
10date.
11    "Generally accepted government auditing standards" or
12"GAGAS" means the professional auditing standards applicable
13in the United States of America for audits of government
14organizations, government programs, activities, and functions,
15and for audits of entities that receive government awards, as
16authoritatively issued and maintained by the Comptroller
17General of the United States through the U.S. Government
18Accountability Office as of the relevant date.
19    "Independent elector" means an individual who is a
20qualified elector of the local government and who has no
21direct or indirect financial interest in, and no familial
22relationship with, any officer, employee, or vendor of the
23local government other than their service as an independent
24elector. For the purposes of this subsection, familial
25interest means any direct or indirect relationship by blood,
26marriage, domestic partnership, or adoption between an

 

 

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1individual participating in the audit selection process and
2any owner, partner, principal, or employee of a responding CPA
3firm, including, but not limited to, a spouse or domestic
4partner, parent, stepparent, child, stepchild, adopted child,
5sibling, stepsibling, half-sibling, grandparent, grandchild,
6or any relative residing in the same household.
7    "Licensed certified public accountant" means a certified
8public accountant who holds a license issued by the Department
9of Financial and Professional Regulation or an individual
10authorized to use the CPA title under Section 5.2 of the
11Illinois Public Accounting Act.
12    "Listing" means the listing of all local governments
13within the State that are currently seeking an independent CPA
14firm for auditing, attestation, or related professional
15accounting services established under Section.
16    "Local government" means any general or special purpose
17political subdivision of the State of Illinois, except for
18school districts or an entity subject to mandatory annual or
19biennial post-audits which are required to be audited by or
20under the direction of the Auditor General.
21    "Local Government Advisory Board" means the State
22Comptroller Local Government Advisory Board established under
23Section 22.1 of the State Comptroller Act.
24    "Local Government Registry" means the local government
25registry administered by the Comptroller created under Section
2615-5.

 

 

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1    "Management" means the persons with the executive
2responsibility for the conduct of the local government's
3operations, which may include some or all of the Responsible
4Officials.
5    "Request for qualifications" or "RFQ" means a solicitation
6issued by the responsible officials of a local government to
7identify CPA firms possessing the professional qualifications,
8experience, and capability to provide high-quality auditing,
9attestation, or related professional accounting services.
10    "Responsible and responsive firm" means a CPA firm that
11meets all the requirements of the RFQ and demonstrates the
12ability to perform the required services satisfactorily.
13    "Responsible officials" means the elected or appointed
14persons charged with governance and the responsibility for
15overseeing the strategic direction of the local government and
16the obligations related to the accountability of the local
17government.
18    "Single audit" means an engagement performed in accordance
19with the audit requirements of Title 2 of the Code of Federal
20Regulations Part 200, Uniform Administrative Requirements,
21Cost Principles, and Audit Requirements for Federal Awards.
22    "Statewide CPA organization" means a professional
23association organized and operating within the State whose
24membership consists primarily of CPAs, and which is designated
25by the Comptroller for purposes of professional consultation
26regarding accounting, auditing and attestation engagements,

 

 

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1financial reporting, and other related matters.
2    "Template" means the template for the applicable fiscal
3year created and published by the Comptroller under Section
415-10.
 
5
Article 5. SELECTION, RETENTION, AND COMPENSATION OF A CPA
6
FIRM

 
7    Section 5-5. Purpose. The purpose of this Article is to
8establish a fair, transparent, and competitive process for the
9selection of a local government's independent CPA firm,
10ensuring the engagement team as a whole is qualified,
11competent, and capable of providing high-quality auditing,
12attestation, or related professional accounting services in
13accordance with applicable laws, regulations, and professional
14standards.
 
15    Section 5-10. Posting requests for CPA firms.
16    (a) The Comptroller shall maintain and publish on the
17Comptroller's official website a publicly accessible,
18up-to-date listing of all local governments within the State
19that are currently seeking an independent CPA firm for
20auditing, attestation, or related professional accounting
21services.
22    (b) The listing shall include, at a minimum, the name and
23contact information of the local government, the local

 

 

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1government's RFQ, the deadline for the submission of responses
2to the local government's audit committee or responsible
3officials, and any other information deemed useful by the
4Comptroller.
5    (c) The Comptroller shall provide guidance, technical
6assistance, and other resources to responsible officials to
7support the selection of a qualified independent CPA firm for
8auditing, attestation, or related professional accounting
9services at each local government. The assistance provided by
10the Comptroller may include, but is not limited to, (i)
11guidance on the preparation and posting of a RFQ, including a
12draft fillable RFQ, (ii) best practices for evaluating the
13qualifications, independence, and experience of prospective
14CPA firms, (iii) sample engagement agreements, contract terms,
15and compensation arrangements consistent with professional
16standards and State law, (iv) guides or checklists for
17documenting the selection process and rationale for CPA firm
18retention, and (v) technical advice on compliance with
19applicable professional auditing standards and ethical
20requirements.
21    (d) All guidance, checklists, and informational resources
22provided by the Comptroller shall be made publicly available
23on the Comptroller's official website to ensure transparency
24and facilitate ease of access by responsible officials.
 
25    Section 5-15. Transition fiscal years.

 

 

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1    (a) The Comptroller shall assign and publish on the
2Comptroller's official website each local government a
3transition fiscal year for fiscal years beginning after
4December 31, 2027 through fiscal year beginning after December
531, 2033, inclusive, no later than June 30, 2027. In
6determining a local government's transition year, the
7Comptroller shall, to the extent practicable, consider (i) the
8size of the local government, (ii) the scope and complexity of
9the auditing, attestation, or related professional accounting
10services required by the local government, (iii) the local
11government's geographic region, (iv) the number of local
12governments anticipated to need to issue a RFQ during the
13earlier initial transition years, and (v) CPA firm capacity to
14balance the amount of RFQs during each fiscal year.
15    (b) During the transition year assigned by the
16Comptroller, the responsible officials of a local government
17shall initiate the independent CPA firm selection process by
18issuing a public RFQ for auditing, attestation, or related
19professional accounting services under Section 5-20.
20    (c) The responsible officials of a local government shall
21initiate the independent CPA firm selection process by issuing
22a public RFQ for auditing, attestation, or related
23professional accounting services under Section 5-20 earlier
24than the Comptroller's assigned transition year if the local
25government's current auditor was not retained under Section
265-25 or the local government did not have an independent CPA

 

 

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1firm engaged for the immediately preceding fiscal year.
 
2    Section 5-20. Independent CPA firm selection process.
3    (a) At least once every 8 fiscal years, responsible
4officials of a local government shall initiate the independent
5CPA firm selection process by issuing a public RFQ for
6auditing, attestation, or related professional accounting
7services.
8    (b) The responsible officials or audit committee if
9designated by the responsible officials shall develop a RFQ
10which includes:
11        (1) a detailed description of the scope of services to
12    be provided;
13        (2) deadlines for the delivery of anticipated reports,
14    consistent with applicable laws, regulations, and
15    contractual requirements;
16        (3) minimum required qualifications for CPA firms;
17        (4) a request for responding CPA firms to provide
18    information demonstrating their qualifications,
19    including, but not limited to, the CPA firm's (i)
20    professional qualifications and certifications, (ii)
21    independence and continuing professional education, (iii)
22    current peer review report and related letter of comments
23    or a description why the CPA firm is not required to have a
24    current peer review report, (iv) relevant governmental
25    experience, (v) relevant experience with similar entities

 

 

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1    (vi) past performance and references, (vii) a description
2    of the anticipated scope of services, (viii) evidence
3    about the capacity of proposed team members to complete
4    the engagement within the required timelines, and (ix)
5    contact information for an individual authorized to
6    negotiate with the price negotiator on behalf of the CPA
7    firm; and
8        (5) the submission deadline, as well as the required
9    format and delivery method for responding CPA firms to
10    submit their written response to the RFQ, including all
11    requested documentation, to either the responsible
12    officials or audit committee, as determined by the
13    responsible officials.
14    (c) The responsible officials shall approve the RFQ
15developed under subsection (b).
16    (d) The RFQ approved by the responsible officials shall be
17posted to the listing on the Comptroller's website for no
18fewer than 21 calendar days prior to the submission deadline.
19    (e) The responsible officials shall determine whether all
20submissions received shall be reviewed by either the entire
21body of responsible officials or the audit committee.
22    (f) The responsible officials shall designate one of its
23members to serve as the price negotiator who is not a member of
24management, unless all of the responsible officials are also
25members of management.
26    (g) All submissions received in response to the RFQ shall

 

 

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1be reviewed to determine responsible and responsive firms.
2    (h) Each responsible and responsive firm shall be ranked
3and a shortlist of the most qualified CPA firms shall be
4prepared for further consideration.
5    (i) Upon establishing the shortlist, the price negotiator
6shall request detailed fixed-fee pricing proposals from each
7shortlisted firm via electronic mail, directed to the
8individual authorized to negotiate on behalf of the firm from
9the RFQ. The price negotiator shall establish a submission
10deadline for the pricing proposals, which shall be no fewer
11than 5 calendar days from the date of the request, and shall
12specify the required format and delivery method for the
13proposals.
14    (j) After receiving pricing proposals, the price
15negotiator may engage in further negotiations with the
16highest-ranked respondent to achieve a fair and reasonable
17fixed-fee price reflecting the scope, complexity, and
18professional standards of the engagement. If a mutually
19acceptable price cannot be reached, negotiations shall proceed
20down the shortlist until a fair and reasonable fixed-fee price
21reflecting the scope, complexity, and professional standards
22of the engagement is reached with the most qualified CPA firm.
23    (k) Upon recommendation of the price negotiator, the
24responsible officials shall award a contract for auditing,
25attestation, or related professional accounting services for
26one fiscal year to the CPA firm determined to be both the most

 

 

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1qualified and offering a fair and reasonable fixed-fee price.
2    (l) No person participating in the selection process,
3including members of the audit committee, responsible
4officials, or any other individual involved in the review,
5evaluation, or recommendation of CPA firms, shall have a
6financial or familial interest in any responding CPA firm. For
7the purposes of this subsection, familial interest means any
8direct or indirect relationship by blood, marriage, domestic
9partnership, or adoption between an individual participating
10in the audit selection process and any owner, partner,
11principal, or employee of a responding CPA firm, including,
12but not limited to, a spouse or domestic partner, parent,
13stepparent, child, stepchild, adopted child, sibling,
14stepsibling, half-sibling, grandparent, grandchild, or any
15relative residing in the same household. The Comptroller may
16waive this requirement in writing for good cause.
 
17    Section 5-25. CPA firm retention.
18    (a) In any fiscal year in which the responsible officials
19do not initiate the independent CPA firm selection process
20under Section 5-20, the responsible officials shall determine
21whether to retain the local government's current independent
22CPA firm prior to awarding a contract for the next fiscal
23year's auditing, attestation, or related professional
24accounting services.
25    (b) The responsible officials shall determine whether its

 

 

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1current independent CPA firm shall be evaluated by either the
2entire body of responsible officials or the audit committee.
3    (c) The evaluation shall, at a minimum, assess the CPA
4firm's (i) independence and interest in continuing as the CPA
5firm serving the local government, (ii) compliance with
6applicable professional standards and legal requirements,
7including members of the assigned engagement team meeting
8continuing professional education requirements, (iii) quality,
9timeliness, and accuracy of reports and related
10communications, (iv) responsiveness to inquiries and requests
11from the local government, (v) current peer review report and
12related letter of comments or a description why the CPA firm is
13not required to have a current peer review report, (vi)
14cost-effectiveness, and (vii) any other factors deemed
15relevant to ensure continued competent auditing, attestation,
16or related professional accounting services.
17    (d) The responsible officials shall consider the results
18of the evaluation when determining whether to retain or
19terminate its relationship with the independent CPA firm for
20the subsequent fiscal year. If the responsible officials
21determine to retain the CPA firm, the responsible officials
22shall designate one of its members to serve as the price
23negotiator who is not a member of management, unless all of the
24responsible officials are also members of management. If the
25responsible officials determine to terminate its relationship
26with the CPA firm or the CPA firm is not interested in

 

 

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1providing services to the local government during the upcoming
2fiscal year, the responsible officials shall initiate the CPA
3firm selection process by issuing a public RFQ for auditing,
4attestation, or related professional accounting services under
5Section 5-20.
6    (e) The price negotiator shall request a detailed
7fixed-fee pricing proposal from the CPA firm by electronic
8mail. The price negotiator shall establish a submission
9deadline for the pricing proposal, which shall be no fewer
10than 5 calendar days from the date of the request, and shall
11specify the required format and delivery method for the
12proposals.
13    (f) Following receipt of the pricing proposal, the price
14negotiator may, at their discretion, engage in further
15negotiations with the CPA firm to achieve a fair and
16reasonable fixed-fee price that reflects the scope,
17complexity, and professional standards of the engagement. If a
18mutually acceptable price cannot be reached with the CPA firm,
19the responsible officials shall initiate the CPA firm
20selection process by issuing a public RFQ for auditing,
21attestation, or related professional accounting services under
22Section 5-20.
23    (g) Upon recommendation of the price negotiator, the
24responsible officials shall award a fixed-fee contract for
25auditing, attestation, or related professional accounting
26services for the next fiscal year to the CPA firm.

 

 

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1    (h) No person or entity participating in the retention
2process, including members of the audit committee, responsible
3officials, or any other individual involved in the review,
4evaluation, or recommendation of CPA firms, shall have a
5financial or familial interest in the independent CPA firm.
6For the purposes of this subsection, familial interest means
7any direct or indirect relationship by blood, marriage,
8domestic partnership, or adoption between an individual
9participating in the audit selection process and any owner,
10partner, principal, or employee of a responding CPA firm,
11including, but not limited to, a spouse or domestic partner,
12parent, stepparent, child, stepchild, adopted child, sibling,
13stepsibling, half-sibling, grandparent, grandchild, or any
14relative residing in the same household. The Comptroller may
15waive this requirement in writing for good cause.
 
16    Section 5-30. Payments for auditing, attestation, or
17related professional accounting services.
18    (a) The costs for auditing, attestation, or related
19professional accounting services incurred by a local
20government to comply with the requirements of this Act shall
21be paid by the local government. Responsible officials shall
22make appropriate provisions for payment of these costs during
23the local government's budget process.
24    (b) All invoices for payments for auditing, attestation,
25or related professional accounting services incurred by a

 

 

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1local government to comply with the requirements of this Act
2shall be reviewed and approved by the responsible officials
3prior to payment.
 
4    Section 5-35. Other competitive procurement requirements.
5Except as expressly provided in this Act, no other contracting
6or competitive procurement requirements shall apply to
7contracts let for auditing, attestation, or related
8professional accounting services.
 
9    Section 5-40. Auditing tax.
10    (a) The responsible officials of any local government,
11except the corporate authorities of a city, village, or
12incorporated town, having taxing powers may levy an auditing
13tax in an amount that shall not require extension of such tax
14at a rate in excess of 0.005% of the value of all taxable
15property in the unit as equalized or assessed by the
16Department of Revenue. It is the intent of the General
17Assembly for this Section to continue the authority for local
18governments to levy an auditing tax as provided under Section
199 of the Governmental Account Audit Act for fiscal years
20beginning after December 31, 2027.
21    This auditing tax may be in excess of or in addition to any
22statutory limitation of rate or amount. Money received from
23the auditing tax shall be held in a special fund and used only
24for the payment of costs for auditing, attestation, or related

 

 

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1professional accounting services incurred by a local
2government to comply with the requirements of this Act.
3    (b) The corporate authorities of a city, village, or
4incorporated town shall have the power to annually levy an
5auditing tax upon all of the taxable property of the
6municipalities at the rate on the dollar which shall produce
7an amount which shall equal a sum sufficient to meet the cost
8of all expenses for auditing, attestation, or related
9professional accounting services incurred by a local
10government to comply with the requirements of this Act. It is
11the intent of the General Assembly for this Section to
12continue the authority for local governments to levy an
13auditing tax as provided under Section 8-8-8 of the Illinois
14Municipal Code for fiscal years beginning after December 31,
152027.
16    This auditing tax may be in excess of or in addition to any
17statutory limitation of rate or amount. Money received from
18the auditing tax shall be held in a special fund and used only
19for the payment of costs for auditing, attestation, or related
20professional accounting services incurred by a local
21government to comply with the requirements of this Act.
 
22
Article 10. CATEGORIZATION AND REPORTING REQUIREMENTS

 
23    Section 10-5. Categories.
24    (a) Each local government shall annually determine its

 

 

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1category, as soon as practicable after the close of its fiscal
2year. The local government shall determine its category using
3its annual cash receipts from all external sources for each of
4the 3 immediately preceding fiscal years.
5    A local government must at a minimum determine its
6category to meet the threshold for the lowest category for
7which it qualifies under subsection (b). The responsible
8officials of the local government may, at their discretion,
9determine that the local government qualifies for a higher
10category than the minimum.
11    For purposes of this subsection, if a local government
12does not meet the applicable dollar threshold for a higher
13category in each of the 3 immediately preceding fiscal years,
14the local government shall be classified in the lowest
15category for which it qualifies based on those fiscal years.
16    (b) For each fiscal year beginning after December 31,
172027, the Comptroller shall, in accordance with subsections
18(c) and (d), determine and publish on the Comptroller's
19official website, no later than November 15 of the current
20calendar year, the category thresholds to be used by local
21governments in determining their category for the fiscal year
22beginning after December 31 of the current calendar year.
23    (c) For the fiscal year beginning after December 31, 2027,
24a local government shall be classified into one of 4
25categories based on its annual cash receipts from all external
26sources for each of the 3 immediately preceding fiscal years:

 

 

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1        Category 1: A local government with annual cash
2    receipts from all external sources of less than $100,000
3    during a fiscal year.
4        Category 2: A local government with annual cash
5    receipts from all external sources of at least $100,000
6    but less than $3,500,000 during a fiscal year.
7        Category 3: A local government with annual cash
8    receipts from all external sources of at least $3,500,000
9    but $35,000,000 during a fiscal year.
10        Category 4: A local government with annual cash
11    receipts from all external sources of $35,000,000 or more,
12    during a fiscal year.
13    (d) For each fiscal year beginning after December 31,
142028, the Comptroller shall calculate the percentage change in
15the Consumer Price Index for the 12-month period ending on
16September 30 of the current calendar year and shall adjust the
17dollar thresholds for the 4 categories described in subsection
18(c) to reflect that change.
19    (e) The Comptroller shall develop instructions and
20examples in plain language about how responsible officials or
21management can determine a local government's category which
22are reasonably designed to promote the uniform application of
23this Section by local governments. All guidance, materials,
24and informational resources provided by the Comptroller shall
25be made publicly available on the Comptroller's official
26website to ensure transparency and facilitate ease of access

 

 

HB5391- 21 -LRB104 18487 RTM 31929 b

1by responsible officials.
 
2    Section 10-10. Category 1 Governments.
3    (a) For fiscal years beginning after December 31, 2027,
4the responsible officials of a Category 1 local government
5shall appoint an auditing committee composed of 3 independent
6electors.
7    (b) The auditing committee shall inspect the Category 1
8local government's records for the fiscal year under review,
9using the template for that fiscal year published by the
10Comptroller.
11    (c) All Category 1 local governments and their responsible
12officials, other elected or appointed officers, management,
13employees, and agents shall promptly comply with, and aid and
14assist the auditing committee in the exercise of its duties
15under the Act.
16    At the request of the auditing committee, each Category 1
17local government shall, without delay, provide to the CPA
18firm's representative any record or information requested and
19shall provide for examination or copying all records,
20accounts, papers, reports, vouchers, correspondence, books and
21other documentation in the custody of the local government,
22including information stored in electronic data processing
23systems, which is related to or within the scope of any
24investigation under this Act.
25    (d) The auditing committee shall complete the template,

 

 

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1documenting the procedures performed and the committee's
2findings, and submit it electronically to the responsible
3officials and management of the Category 1 local government
4for review. The auditing committee must ensure that the
5template does not include any information exempt from public
6disclosure under Section 7 of the Freedom of Information Act.
7    (e) The responsible officials and management of the
8Category 1 local government may submit written views within 7
9calendar days after receipt of the draft template from
10subsection (c) regarding the findings and conclusions of the
11auditing committee. Any comments received shall be included in
12the appropriate section of the template. Any comments received
13shall exclude information that is exempt from public
14disclosure under Section 7 of the Freedom of Information Act.
15    (f) Upon receipt of any timely written views of the
16responsible officials or management, the auditing committee
17may respond to any written views that are inconsistent with or
18in conflict with the results of the inspection. The committee
19shall then finalize the template. The auditing committee's
20response to the written views shall exclude information exempt
21from public disclosure under Section 7 of the Freedom of
22Information Act.
23    (g) Members of the auditing committee may be compensated
24for their services, with each member receiving an amount not
25exceeding $200, payable from the funds of the local
26government.

 

 

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1    (h) Each Category 1 local government shall electronically
2submit the final template from the auditing committee to the
3Comptroller no later than 7 months after the end of the local
4government's fiscal year for inclusion within the Local
5Government Registry. The Comptroller may grant extensions in
6writing for good cause regarding this reporting deadline.
7    (i) For fiscal years beginning after December 31, 2027,
8and all reporting periods thereafter, each Category 1 local
9government shall electronically update its information within
10the Local Government Registry for the preceding fiscal year no
11later than 7 months after the conclusion of the local
12government's fiscal year. The Comptroller may grant extensions
13in writing for good cause regarding this reporting deadline.
14    (j) For fiscal years beginning after December 31, 2027,
15and all reporting periods thereafter, each Category 1 local
16government shall electronically submit a spreadsheet of the
17names, positions, and amounts paid to every recipient of a
18Form W-2 or a Form 1099 during the calendar year ended in a
19format prescribed by the Comptroller during the fiscal year no
20later than 7 months after the conclusion of the local
21government's fiscal year for inclusion within the Local
22Government Registry. The Comptroller may grant extensions in
23writing for good cause regarding this reporting deadline.
24    (k) The Comptroller shall charge a Category 1 local
25government a daily fee of no more than $100 and no less than $0
26per day late for delinquent reporting under this Section. All

 

 

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1fees collected under this subsection shall be deposited into
2the Comptroller's Administrative Fund.
3    (l) The Comptroller may waive the requirements of
4subsections (h), (i), and (j) in writing if exigent
5circumstances exist, such as the complete destruction of the
6local government's records, the sudden closure of the local
7government, or other similar events that prevent compliance
8with this Act. If a waiver is granted, the Comptroller shall
9post the written waiver in the location where the Category 1
10local government's filing would otherwise have been posted
11within the Local Government Registry.
 
12    Section 10-15. Category 2 Governments.
13    (a) The responsible officials of a Category 2 local
14government shall enter into AUPs with the independent CPA firm
15they have retained under Article 5. The AUPs must align with
16the minimum AUPs for the relevant type of local government for
17that fiscal year, as published by the Comptroller under
18Section 15-15.
19    No Category 2 local government shall adopt procedures that
20are less stringent than those provided by the Comptroller.
21However, Category 2 local governments may include additional
22procedures to customize the report's findings and
23recommendations to better meet the needs of the responsible
24officials.
25    (b) The independent CPA firm retained by the responsible

 

 

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1officials under Article 5 shall perform the AUPs agreed-upon
2with the local government's responsible officials following
3the applicable attestation standards established by the
4American Institute of Certified Public Accountants.
5    (c) If a Category 2 local government has a redevelopment
6project under Division 74.4 of the Illinois Municipal Code or
7redevelopment project under Division 74.6 of the Illinois
8Municipal Code, the responsible officials of a Category 2
9local government shall enter into AUPs for each redevelopment
10project with the independent CPA firm they have retained under
11Article 5.
12    The AUPs shall be the AUPs designated by the Comptroller
13under Section 15-20 for each project. No Category 2 local
14government shall modify the AUPs published by the Comptroller.
15    (d) A Category 2 local government may engage its
16independent CPA firm retained by the responsible officials
17under Article 5 to perform any additional auditing,
18attestation, or other related professional accounting services
19to the local government, provided the independent CPA firm
20provides a written report at the conclusion of the engagement.
21    (e) All Category 2 local governments and their responsible
22officials, other elected or appointed officers, management,
23employees, and agents shall promptly comply with, and aid and
24assist the CPA firm in the exercise of its duties under the
25Act.
26    At the request of the CPA firm, each Category 2 local

 

 

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1government shall, without delay, provide to the CPA firm's
2representative any record or information requested and shall
3provide for examination or copying all records, accounts,
4papers, reports, vouchers, correspondence, books and other
5documentation in the custody of the local government,
6including information stored in electronic data processing
7systems, which is related to or within the scope of any
8engagement under this Act.
9    (f) Each Category 2 local government shall electronically
10submit any reports prepared by the independent CPA firm under
11this Section to the Comptroller no later than 7 months after
12the end of the local government's fiscal year for inclusion
13within the Local Government Registry. The Comptroller may
14grant extensions in writing for good cause regarding this
15reporting deadline.
16    (g) Each Category 2 local government shall electronically
17submit any known or suspected fraud or noncompliance with laws
18or regulations communicated to those charged with governance
19or management as that term is defined under the attestation
20standards established by the American Institute of Certified
21Public Accountants arising from the AUPs prepared by the
22independent CPA firm for engagements performed under this
23Section to the Comptroller no later than 7 months after the end
24of the local government's fiscal year for inclusion within the
25Local Government Registry. The Comptroller may grant
26extensions in writing for good cause regarding this reporting

 

 

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1deadline.
2    (h) For fiscal years beginning after December 31, 2027,
3and all reporting periods thereafter, each Category 2 local
4government shall electronically update its information within
5the Local Government Registry for the preceding fiscal year no
6later than 7 months after the conclusion of the local
7government's fiscal year. The Comptroller may grant extensions
8in writing for good cause regarding this reporting deadline.
9    (i) For fiscal years beginning after December 31, 2027,
10and all reporting periods thereafter, each Category 2 local
11government shall electronically submit a spreadsheet of the
12names, positions, and amounts paid to every recipient of a
13Form W-2 or a Form 1099 during the calendar year ended in a
14format prescribed by the Comptroller during the fiscal year no
15later than 7 months after the conclusion of the local
16government's fiscal year for inclusion within the Local
17Government Registry. The Comptroller may grant extensions in
18writing for good cause regarding this reporting deadline.
19    (i) The Comptroller shall charge a Category 2 local
20government a daily fee of no more than $100 and no less than $0
21per day late for delinquent reporting under this Section. All
22fees collected under this subsection shall be deposited into
23the Comptroller's Administrative Fund.
24    (j) The Comptroller may waive the requirements of
25subsections (e), (f), and (g) in writing if exigent
26circumstances exist, such as the complete destruction of the

 

 

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1local government's records, the sudden closure of the local
2government, or other similar events that prevent compliance
3with this Act. If a waiver is granted, the Comptroller shall
4post the written waiver in the location where the local
5government's filing would otherwise have been posted within
6the Local Government Registry.
7    (k) Within 60 days after the date of any report completed
8by the independent CPA firm pursuant to this Section, a
9partner at the independent CPA firm and such additional
10personnel from the CPA firm as deemed necessary by the
11independent CPA firm shall attend a public meeting of the
12responsible officials either in person or by a live phone or
13online virtual meeting to answer questions posed by the
14responsible officials about the engagement and present the
15major findings of the report. A public body may hold a closed
16session to consider internal control weaknesses,
17identification of potential fraud risk areas, known or
18suspected frauds, and fraud interviews with the independent
19CPA firm's partner and such additional personnel from the CPA
20firm as deemed necessary by the independent CPA firm under
21Section 2 of the Open Meetings Act.
 
22    Section 10-20. Category 3 Governments.
23    (a) For fiscal years beginning after December 31, 2027,
24the responsible officials of a Category 3 local government
25shall oversee management's preparation of the local

 

 

HB5391- 29 -LRB104 18487 RTM 31929 b

1government's draft financial statements following the cash
2basis of accounting. The financial statements of a Category 3
3local government shall, at a minimum, present the government
4as a whole and its major funds, along with combining
5statements displaying each of the government's nonmajor funds.
6Upon completion of the draft financial statements, management
7shall furnish the draft financial statements to the local
8government's independent CPA firm for audit.
9    (b) The independent CPA firm retained by the responsible
10officials under Article 5 shall not gather data, categorize
11and organize data, or prepare the draft financial statements
12of a local government.
13    (c) The independent CPA firm retained by the responsible
14officials under Article 5 shall audit the local government's
15draft financial statements following GAAS and GAGAS.
16    (d) The responsible officials of a Category 3 local
17government shall enter into AUPs with the independent CPA firm
18they have retained under Article 5. The AUPs must align with
19the minimum AUPs for the relevant type of local government for
20that fiscal year, as published by the Comptroller under
21Section 15-15.
22    No Category 3 local government shall adopt procedures that
23are less stringent than those provided by the Comptroller.
24However, Category 3 local governments may include additional
25procedures to customize the report's findings and
26recommendations to better meet the needs of the responsible

 

 

HB5391- 30 -LRB104 18487 RTM 31929 b

1officials.
2    (e) The independent CPA firm retained by the responsible
3officials under Article 5 shall perform the AUPs agreed-upon
4with the local government's responsible officials following
5the applicable attestation standards established by the
6American Institute of Certified Public Accountants.
7    (f) If a Category 3 local government has a redevelopment
8project under Division 74.4 of the Illinois Municipal Code or
9redevelopment project under Division 74.6 of the Illinois
10Municipal Code, the responsible officials of a Category 3
11local government shall enter into AUPs for each redevelopment
12project with the independent CPA firm they have retained under
13Article 5.
14    The AUPs shall be the AUPs designated by the Comptroller
15under Section 15-20 for each project. No Category 3 local
16government shall modify the AUPs published by the Comptroller.
17    (g) A Category 3 local government may engage its
18independent CPA firm retained by the responsible officials
19under Article 5 to perform any additional auditing,
20attestation, or other related professional accounting
21services, including, but not limited to, a Single Audit, to
22the local government, provided the independent CPA firm
23provides a written report at the conclusion of the engagement.
24    (h) All Category 3 local governments and their responsible
25officials, other elected or appointed officers, management,
26employees, and agents shall promptly comply with, and aid and

 

 

HB5391- 31 -LRB104 18487 RTM 31929 b

1assist the CPA firm in the exercise of its duties under the
2Act.
3    At the request of the CPA firm, each Category 3 local
4government shall, without delay, provide to the CPA firm's
5representative any record or information requested and shall
6provide for examination or copying all records, accounts,
7papers, reports, vouchers, correspondence, books and other
8documentation in the custody of the local government,
9including information stored in electronic data processing
10systems, which is related to or within the scope of any
11engagement under this Act.
12    (i) Each Category 3 local government shall electronically
13submit any reports prepared by the independent CPA firm under
14this Section to the Comptroller no later than 7 months after
15the end of the local government's fiscal year for inclusion
16within the Local Government Registry. The Comptroller may
17grant extensions in writing for good cause regarding this
18reporting deadline.
19    (j) Each Category 3 local government shall electronically
20submit (i) the auditor's communication with those charged with
21governance under GAAS, (ii) the auditor's communication of
22deficiencies in internal control under GAAS to both those
23charged with governance or management as that term in defined
24under GAAS, (iii) any known or suspected fraud or
25noncompliance with laws or regulations communicated to those
26charged with governance or management as that term is defined

 

 

HB5391- 32 -LRB104 18487 RTM 31929 b

1under GAAS arising from the financial audit, and (iv) any
2known or suspected fraud or noncompliance with laws or
3regulations communicated to those charged with governance or
4management as that term is defined under the attestation
5standards established by the American Institute of Certified
6Public Accountants arising from the AUPs prepared by the
7independent CPA firm for engagements performed under this
8Section to the Comptroller no later than 7 months after the end
9of the local government's fiscal year for inclusion within the
10Local Government Registry. The Comptroller may grant
11extensions in writing for good cause regarding this reporting
12deadline.
13    (k) For fiscal years beginning after December 31, 2027,
14and all reporting periods thereafter, each Category 3 local
15government shall electronically update its information within
16the Local Government Registry for the preceding fiscal year no
17later than 7 months after the conclusion of the local
18government's fiscal year. The Comptroller may grant extensions
19in writing for good cause regarding this reporting deadline.
20    (l) For fiscal years beginning after December 31, 2027,
21and all reporting periods thereafter, each Category 3 local
22government shall electronically submit a spreadsheet of the
23names, positions, and amounts paid to every recipient of a
24Form W-2 or a Form 1099 during the calendar year ended in a
25format prescribed by the Comptroller during the fiscal year no
26later than 7 months after the conclusion of the local

 

 

HB5391- 33 -LRB104 18487 RTM 31929 b

1government's fiscal year for inclusion within the Local
2Government Registry. The Comptroller may grant extensions in
3writing for good cause regarding this reporting deadline.
4    (m) The Comptroller shall charge a Category 3 local
5government a daily fee of no more than $100 and no less than $0
6per day late for delinquent reporting under this Section. All
7fees collected under this subsection shall be deposited into
8the Comptroller's Administrative Fund.
9    (n) The Comptroller may waive the requirements of
10subsections (g), (h), (i), and (j) in writing if exigent
11circumstances exist, such as the complete destruction of the
12local government's records, the sudden closure of the local
13government, or other similar events that prevent compliance
14with this Act. If a waiver is granted, the Comptroller shall
15post the written waiver in the location where the local
16government's filing would otherwise have been posted within
17the Local Government Registry.
18    (o) Within 60 days after the date of any report completed
19by the independent CPA firm pursuant to this Section, a
20partner at the independent CPA firm and such additional
21personnel from the CPA firm as deemed necessary by the
22independent CPA firm shall attend a public meeting of the
23responsible officials either in person or by a live phone or
24online virtual meeting to answer questions posed by the
25responsible officials about the engagement and present the
26major findings of the report. A public body may hold a closed

 

 

HB5391- 34 -LRB104 18487 RTM 31929 b

1session to consider internal control weaknesses,
2identification of potential fraud risk areas, known or
3suspected frauds, and fraud interviews with the independent
4CPA firm's partner and such additional personnel from the CPA
5firm as deemed necessary by the independent CPA firm under
6Section 2 of the Open Meetings Act.
 
7    Section 10-25. Category 4 Governments.
8    (a) For fiscal years beginning after December 31, 2027,
9the responsible officials of a Category 4 local government
10shall oversee management's preparation of the local
11government's draft financial statements following GAAP. The
12financial statements of a Category 4 local government shall,
13at a minimum, present the government as a whole and its major
14funds, along with combining statements displaying each of the
15government's nonmajor funds. Upon completion of the draft
16financial statements, management shall furnish the draft
17financial statements to the local government's independent CPA
18firm for audit.
19    (b) The independent CPA firm retained by the responsible
20officials under Article 5 shall not gather data, categorize
21and organize data, or prepare the draft financial statements
22of a local government.
23    (c) The independent CPA firm retained by the responsible
24officials under Article 5 shall audit the local government's
25draft financial statements following GAAS and GAGAS.

 

 

HB5391- 35 -LRB104 18487 RTM 31929 b

1    (d) The responsible officials of a Category 4 local
2government shall enter into AUPs with the independent CPA firm
3they have retained under Article 5. The AUPs must align with
4the minimum AUPs for the relevant type of local government for
5that fiscal year, as published by the Comptroller under
6Section 15-15.
7    No Category 4 local government shall adopt procedures that
8are less stringent than those provided by the Comptroller.
9However, Category 4 local governments may include additional
10procedures to customize the report's findings and
11recommendations to better meet the needs of the responsible
12officials.
13    (e) The independent CPA firm retained by the responsible
14officials under Article 5 shall perform the AUPs agreed-upon
15with the local government's responsible officials following
16the applicable attestation standards established by the
17American Institute of Certified Public Accountants.
18    (f) If a Category 4 local government has a redevelopment
19project under Division 74.4 of the Illinois Municipal Code or
20redevelopment project under Division 74.6 of the Illinois
21Municipal Code, the responsible officials of a Category 4
22local government shall enter into AUPs for each redevelopment
23project with the independent CPA firm they have retained under
24Article 5.
25    The AUPs shall be the AUPs designated by the Comptroller
26under Section 15-20 for each project. No Category 4 local

 

 

HB5391- 36 -LRB104 18487 RTM 31929 b

1government shall modify the AUPs published by the Comptroller.
2    (g) A Category 4 local government may engage its
3independent CPA firm retained by the responsible officials
4under Article 5 to perform any additional auditing,
5attestation, or other related professional accounting
6services, including, but not limited to, a Single Audit, to
7the local government, provided the independent CPA firm
8provides a written report at the conclusion of the engagement.
9    (h) All Category 4 local governments and their responsible
10officials, other elected or appointed officers, management,
11employees, and agents shall promptly comply with, and aid and
12assist the CPA firm in the exercise of its duties under the
13Act.
14    At the request of the CPA firm, each Category 4 local
15government shall, without delay, provide to the CPA firm's
16representative any record or information requested and shall
17provide for examination or copying all records, accounts,
18papers, reports, vouchers, correspondence, books and other
19documentation in the custody of the local government,
20including information stored in electronic data processing
21systems, which is related to or within the scope of any
22engagement under this Act.
23    (i) Each Category 4 local government shall electronically
24submit any reports prepared by the independent CPA firm under
25this Section to the Comptroller no later than 7 months after
26the end of the local government's fiscal year for inclusion

 

 

HB5391- 37 -LRB104 18487 RTM 31929 b

1within the Local Government Registry. The Comptroller may
2grant extensions in writing for good cause regarding this
3reporting deadline.
4    (j) Each Category 4 local government shall electronically
5submit (i) the auditor's communication with those charged with
6governance under GAAS, (ii) the auditor's communication of
7deficiencies in internal control under GAAS to both those
8charged with governance or management as that term in defined
9under GAAS, (iii) any known or suspected fraud or
10noncompliance with laws or regulations communicated to those
11charged with governance or management as that term is defined
12under GAAS arising from the financial audit, and (iv) any
13known or suspected fraud or noncompliance with laws or
14regulations communicated to those charged with governance or
15management as that term is defined under the attestation
16standards established by the American Institute of Certified
17Public Accountants arising from the AUPs prepared by the
18independent CPA firm for engagements performed under this
19Section to the Comptroller no later than 7 months after the end
20of the local government's fiscal year for inclusion within the
21Local Government Registry. The Comptroller may grant
22extensions in writing for good cause regarding this reporting
23deadline.
24    (k) For fiscal years beginning after December 31, 2027,
25and all reporting periods thereafter, each Category 4 local
26government shall electronically update its information within

 

 

HB5391- 38 -LRB104 18487 RTM 31929 b

1the Local Government Registry for the preceding fiscal year no
2later than 7 months after the conclusion of the local
3government's fiscal year. The Comptroller may grant extensions
4in writing for good cause regarding this reporting deadline.
5    (l) For fiscal years beginning after December 31, 2027,
6and all reporting periods thereafter, each Category 4 local
7government shall electronically submit a spreadsheet of the
8names, positions, and amounts paid to every recipient of a
9Form W-2 or a Form 1099 during the calendar year ended in a
10format prescribed by the Comptroller during the fiscal year no
11later than 7 months after the conclusion of the local
12government's fiscal year for inclusion within the Local
13Government Registry. The Comptroller may grant extensions in
14writing for good cause regarding this reporting deadline.
15    (m) The Comptroller shall charge a Category 4 local
16government a daily fee of no more than $100 and no less than $0
17per day late for delinquent reporting under this Section. All
18fees collected under this subsection shall be deposited into
19the Comptroller's Administrative Fund.
20    (n) The Comptroller may waive the requirements of
21subsections (g), (h), (i), and (j) in writing if exigent
22circumstances exist, such as the complete destruction of the
23local government's records, the sudden closure of the local
24government, or other similar events that prevent compliance
25with this Act. If a waiver is granted, the Comptroller shall
26post the written waiver in the location where the local

 

 

HB5391- 39 -LRB104 18487 RTM 31929 b

1government's filing would otherwise have been posted within
2the Local Government Registry.
3    (o) Within 60 days after the date of any report completed
4by the independent CPA firm pursuant to this Section, a
5partner at the independent CPA firm and such additional
6personnel from the CPA firm as deemed necessary by the
7independent CPA firm shall attend a public meeting of the
8responsible officials either in person or by a live phone or
9online virtual meeting to answer questions posed by the
10responsible officials about the engagement and present the
11major findings of the report. A public body may hold a closed
12session to consider internal control weaknesses,
13identification of potential fraud risk areas, known or
14suspected frauds, and fraud interviews with the independent
15CPA firm's partner and such additional personnel from the CPA
16firm as deemed necessary by the independent CPA firm under
17Section 2 of the Open Meetings Act.
 
18
Article 15. LOCAL GOVERNMENT REGISTRY AND REPORTS

 
19    Section 15-5. Local government registry and report
20database.
21    (a) The Comptroller shall establish and maintain a public
22searchable electronic database of all local governments no
23later than December 31, 2027, which shall include:
24        (1) the name, address, contact information, and

 

 

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1    website of the local government;
2        (2) the names of the elected or appointed office
3    holders of the local government and their positions,
4    including their dates of service and any periods of
5    vacancy within a position;
6        (3) links to access any reports filed by a local
7    government showing the names, positions, and amounts paid
8    to every recipient of a Form W-2 or a Form 1099 during a
9    calendar year; and
10        (4) links to access any reports filed by a local
11    government pursuant to this Act categorized by fiscal
12    year.
13    (b) No later than June 30, 2027, each county clerk shall
14notify the Comptroller electronically in writing of the name
15of each local government within their jurisdiction along with
16contact information for the elected or appointed office
17holders of the local government and their positions in a
18manner and format determined by the Comptroller. The
19Comptroller may grant extensions in writing for good cause for
20this reporting requirement.
21    (c) Within 30 days following the creation or dissolution
22of a local government within their jurisdiction after June 30,
232027, each county clerk shall notify the Comptroller
24electronically in writing of the name of the local government
25along with contact information for the elected or appointed
26office holders of the local government and their positions in

 

 

HB5391- 41 -LRB104 18487 RTM 31929 b

1a manner and format determined by the Comptroller. The
2Comptroller may grant extensions in writing for good cause for
3this reporting requirement.
4    (d) The Comptroller shall charge a county clerk a daily
5fee of no more than $10 and no less than $0 per day late for
6delinquent reporting under this Section. All fees collected
7under this subsection shall be deposited into the
8Comptroller's Administrative Fund.
 
9    Section 15-10. Limited procedures.
10    (a) The Comptroller shall develop a template for the
11auditing committees of Category 1 governments to perform and
12report on their activities inspecting the local government's
13records for the fiscal year under review, with the advice of
14the Local Government Advisory Board and a statewide CPA
15organization.
16    (b) The template shall be written in plain language with
17procedures for the auditing committees of Category 1
18governments to perform and document its:
19        (1) sampling of disbursements during the fiscal year
20    and the testing of the selected disbursements to determine
21    each sampled disbursement was properly recorded in the
22    financial records and was supported by adequate
23    documentation, including invoices, receipts, or contracts,
24    as applicable;
25        (2) sampling of receipts during the fiscal year and

 

 

HB5391- 42 -LRB104 18487 RTM 31929 b

1    the testing of the selected receipts to determine each
2    sampled receipt was properly recorded in the financial
3    records, was supported by adequate documentation, and was
4    promptly deposited into the appropriate account no later
5    than 2 working days after receipt; and
6        (3) performing the local government's reconciliations
7    of its financial records to the records of third parties,
8    including, but not limited to, bank statements, investment
9    reports, and other external documents, during the fiscal
10    year.
11    (c) The template shall include a section for the
12responsible officials and management of the local government
13to submit their written views regarding the findings and
14conclusions of the auditing committee. The template shall also
15include a section for the auditing committee to respond to any
16written views from the responsible officials and management,
17particularly if those views are inconsistent with or in
18conflict with the results of the inspection.
19    (d) For each fiscal year beginning after December 31,
202027, the Comptroller shall publish on the Comptroller's
21official website, no later than November 15 of the current
22calendar year, the template to be used by auditing committees
23of Category 1 governments for inspecting the local
24government's records for the fiscal year beginning after
25December 31 of the current calendar year.
 

 

 

HB5391- 43 -LRB104 18487 RTM 31929 b

1    Section 15-15. Agreed-upon procedures.
2    (a) The Comptroller shall develop minimum AUPs specific to
3each type of local government subject to this Act for the
4fiscal year under review, with the advice of the Local
5Government Advisory Board and a statewide CPA organization.
6    (b) For all local governments, the AUPs shall be written
7by the Comptroller using plain language, insofar as
8practicable. The Comptroller shall write specific and
9objective procedures designed to be performed by a CPA firm
10over a completed fiscal year to provide factual findings
11regarding:
12        (1) compliance by the local government and its
13    responsible officials and agents with the training
14    requirements and public records disclosures laws under the
15    Freedom of Information Act;
16        (2) compliance by the local government and its
17    responsible officials and agents with the training
18    requirements under the Open Meetings Act;
19        (3) compliance by the local government and its
20    responsible officials and agents with the records
21    retention requirements under the Local Records Act;
22        (4) accountability for capital assets and leased
23    assets;
24        (5) compliance with applicable laws, rules, and
25    regulations regarding the compensation of the local
26    government's responsible officials and all other elected

 

 

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1    or appointed officials;
2        (6) compliance with applicable laws, rules, and
3    regulations regarding accounts at banks or savings and
4    loan associations;
5        (7) compliance with bond requirements;
6        (8) testing of a sample of disbursements for
7    appropriate internal controls and compliance with
8    applicable laws, rules, and regulations;
9        (9) testing of a sample of receipts for appropriate
10    internal controls and compliance with applicable laws,
11    rules, and regulations, including timely deposit
12    requirements;
13        (10) compliance with significant statutory reporting
14    requirements;
15        (11) for community colleges, procedures regarding a
16    student enrollments and other bases upon which claims are
17    filed with the Illinois Community College Board, with the
18    advice of the Illinois Community College Board;
19        (12) for fire protection districts and municipalities,
20    procedures regarding disbursements to a foreign fire
21    insurance board were used by the foreign fire insurance
22    board only for the maintenance, use, and benefit of the
23    department under Section 11-10-2 of the Illinois Municipal
24    Code and Section 11i of the Fire Protection District Act;
25    and
26        (13) for fire protection districts, when a district

 

 

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1    purchases fire protection services from any organization,
2    procedures regarding compliance with the terms of the
3    contract as it relates to financial matters, including,
4    but not limited to, the amount charged to the purchasing
5    Fire Protection District.
6    The Comptroller may establish such other procedures as
7deemed necessary to assess the accountability of responsible
8officials and management at the local government, after
9determining the perceived benefit of the additional
10accountability procedures outweigh the perceived costs to be
11incurred from implementing such procedures.
 
12    Section 15-20. Agreed-upon procedures.
13    (a) The Comptroller shall develop consistent AUPs specific
14to each redevelopment project under Division 74.4 of the
15Illinois Municipal Code or redevelopment project under
16Division 74.6 of the Illinois Municipal Code for the fiscal
17year under review, with the advice of the Local Government
18Advisory Board and a statewide CPA organization.
19    (b) For all local governments, the AUPs shall be written
20by the Comptroller using plain language, insofar as
21practicable. The Comptroller shall write specific and
22objective procedures designed to be performed by a CPA firm
23over a completed fiscal year to provide factual findings
24regarding:
25        (1) the date each redevelopment project area was

 

 

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1    designated or terminated;
2        (2) the balance in the special tax allocation fund at
3    the beginning of the fiscal year, all receipts deposited
4    into the special tax allocation fund by source, all
5    disbursements from the special tax allocation fund by
6    category of permissible redevelopment project cost, and
7    the balance in the special tax allocation fund at the end
8    of the fiscal year on the cash basis of accounting;
9        (3) a breakdown of the balance in the special tax
10    allocation fund at the end of the fiscal year identifying
11    any portion of the balance that is required, pledged,
12    earmarked, or otherwise designated for payment of or
13    securing of obligations and anticipated redevelopment
14    project costs or surplus; and
15        (4) the nature of outstanding obligations of the
16    special tax allocation fund, including the projected debt
17    service including required reserves and debt coverage and
18    actual debt service of the special tax allocation fund.
19    The Comptroller may establish such other procedures as
20deemed necessary to assess the accountability of responsible
21officials and management at the local government about a
22redevelopment project under Division 74.4 of the Illinois
23Municipal Code or redevelopment project under Division 74.6 of
24the Illinois Municipal Code, after determining the perceived
25benefit of the additional accountability procedures outweigh
26the perceived costs to be incurred from implementing such

 

 

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1procedures.
 
2
Article 20. MISCELLANEOUS PROVISIONS

 
3    Section 20-5. Assurances. Each local government shall
4establish and maintain a system, or systems, of internal
5fiscal and administrative controls, which shall provide
6assurance that:
7        (1) resources are used efficiently, effectively, and
8    in compliance with applicable law;
9        (2) obligations and costs are in compliance with
10    applicable law;
11        (3) funds, property, and other assets and resources
12    are safeguarded against waste, loss, unauthorized use, and
13    misappropriation; and
14        (4) revenues, receipts, expenses, disbursements,
15    expenditures, and transfers of assets, resources, or funds
16    applicable to operations are properly recorded and
17    accounted for to permit the preparation of accounts and
18    reliable financial and statistical reports and to maintain
19    accountability over the local government's resources.
 
20    Section 20-10. Conflicts of interest.
21    (a) Each local government shall maintain an appropriate
22segregation of duties to prevent conflicts of interest and
23ensure proper internal controls that its resources are used

 

 

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1appropriately and financial transactions are properly
2authorized, recorded, and monitored.
3    (b) In instances where segregation of duties is not
4feasible due to limited personnel or other operational
5constraints, each local government shall implement
6compensating controls to mitigate the risks associated with
7the lack of segregation. Such compensating controls shall be
8designed to provide a reasonable level of assurance that its
9resources are used appropriately and financial transactions
10are properly authorized, recorded, and monitored.
 
11    Section 20-15. Capitalization threshold.
12    (a) The responsible officials of each local government
13shall establish a capitalization threshold for the various
14categories of capital assets and leased assets.
15    (b) The responsible officials of each local government
16shall implement procedures for tracking, managing, and
17disposing of capital assets and leased assets that either (i)
18exceed the capitalization threshold established in subsection
19(a), or (ii) are tangible and movable assets subject to theft,
20regardless of original cost, including, but not limited to,
21tools, vehicles, weapons, and items that store data.
22    (c) Each local government's responsible officials shall
23establish procedures for tracking, managing, and disposing of
24its capital assets and leased assets which either (i) exceed
25the capitalization threshold set in subsection (a) or (ii) are

 

 

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1tangible and movable assets that are subject to theft
2regardless of original cost, including, but not limited to,
3tools, vehicles, and weapons or items that store data.
 
4    Section 20-20. Audit committees. The responsible officials
5of a local government may establish and determine the duties
6and membership of an audit committee, so long as any duties and
7responsibilities of the audit committee do not conflict with
8this Act.
 
9    Section 20-25. Delinquent reports.
10    (a) If a local government fails to comply with the
11requirements of this Act and is more than 270 days late in
12meeting its reporting obligations, after considering any
13extensions granted by the Comptroller, the Comptroller shall
14review the local government's actions. The review shall assess
15whether the local government is taking appropriate corrective
16action to bring itself into compliance with the provisions of
17this Act.
18    (b) If the Comptroller's review determines the local
19government is implementing appropriate corrective action in a
20timely manner, the Comptroller shall communicate the delay in
21writing to the local government's responsible officials and
22the Comptroller shall post the written letter in the location
23where the local government's missing filing would otherwise
24have been posted within the Local Government Registry.

 

 

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1    Thereafter, the Comptroller shall review the local
2government's actions taken at least every 28 days until either
3(i) the local government comes into compliance with the Act or
4(ii) the Comptroller determines the local government is not
5implementing appropriate corrective action in a timely manner.
6    (c) If the Comptroller determines that the local
7government is not implementing appropriate corrective action
8in a timely manner, the Comptroller shall communicate the
9delay in writing to the local government's responsible
10officials and the Comptroller shall post the written letter in
11the location where the local government's missing filing would
12otherwise have been posted within the Local Government
13Registry.
14    (d) If the Comptroller determines that the local
15government is not implementing appropriate corrective action
16in a timely manner, the Comptroller shall request the Attorney
17General to seek an appropriate judicial remedy to compel the
18responsible officials and management of the local government
19to perform their duties under this Act in a timely manner.
 
20    Section 20-30. Rules. The Comptroller shall adopt
21administrative rules pursuant to the Illinois Administrative
22Procedure Act to implement and enforce the provisions of this
23Act.
 
24    Section 20-35. Other duties of responsible officials. This

 

 

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1Act does not relieve any member of the responsible officials
2or management of a local government of any other duties
3required by law of that person with respect to the auditing of
4public accounts or the disbursement of public funds.
 
5    Section 20-40. Reports to other State agencies.
6Notwithstanding any other provision to the contrary, any local
7government that files reports with the Comptroller in
8compliance with this Act shall not be required to file the same
9report with any State agencies as defined in the Illinois
10State Auditing Act. All state agencies may obtain copies of
11any report filed with the Comptroller in compliance with this
12Act.
 
13    Section 20-45. Affect on taxes. Failure of the responsible
14officials of any local government to comply with the
15provisions of this Act does not affect the legality of taxes
16levied for any of the funds of the local government.
 
17    Section 20-50. Home rule. A home rule municipality may not
18regulate financial reporting housing in a manner inconsistent
19with this Act. This Act is a limitation under subsection (i) of
20Section 6 of Article VII of the Illinois Constitution on the
21concurrent exercise by home rule units of powers and functions
22exercised by the State.
 

 

 

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1
Article 900.

 
2    Section 900-5. The Intergovernmental Cooperation Act is
3amended by adding Section 10 as follows:
 
4    (5 ILCS 220/10 new)
5    Sec. 10. Government Reporting Enhancement and Transparency
6Act.
7    (a) Any separate legal entity, whether currently existing
8or created in the future, that is established by a public
9agency subject to the Government Reporting Enhancement and
10Transparency Act shall also be subject to the Government
11Reporting Enhancement and Transparency Act for fiscal years
12beginning after December 31, 2027.
13    (b) For fiscal years ending before January 1, 2028,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of the wastewater
16treatment authority established by the City of West Chicago
17and Village of Winfield shall be subject to the Governmental
18Account Audit Act.
19    (c) For fiscal years beginning after December 31, 2027,
20the operations and fiscal activities of the wastewater
21treatment authority established by the City of West Chicago
22and Village of Winfield shall be subject to the Government
23Reporting Enhancement and Transparency Act.
 

 

 

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1    Section 900-10. The State Comptroller Act is amended by
2changing Section 23.7 as follows:
 
3    (15 ILCS 405/23.7)
4    Sec. 23.7. Comptroller; local government and school
5district registry.
6    (a) Through December 31, 2027, the The Comptroller shall
7establish and maintain a registry of all units of local
8government and school districts within the State. Within 60
9days following the creation or dissolution of a unit of local
10government or school district, each county clerk shall provide
11to the Comptroller information for the registry in a manner
12prescribed by the Comptroller. Information in the registry may
13include, but shall not be limited to, the name, address, and
14type of government unit, the names of current elected or
15appointed office holders, and such other information as the
16Comptroller may determine. Each county clerk shall notify the
17Comptroller upon learning of the creation or dissolution of
18any unit of local government or school district.
19    (b) On and after January 1, 2028, the Comptroller shall
20maintain a registry of local governments in accordance with
21the Government Reporting Enhancement and Transparency Act.
22(Source: P.A. 101-34, eff. 6-28-19.)
 
23    Section 900-15. The Property Tax Code is amended by adding
24Section 2-23 as follows:
 

 

 

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1    (35 ILCS 200/2-23 new)
2    Sec. 2-23. Government Reporting Enhancement and
3Transparency Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each multi-township
7assessment district shall be subject to the Governmental
8Account Audit Act.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each multi-township
12assessment district shall be subject to the Government
13Reporting Enhancement and Transparency Act.
 
14    (35 ILCS 200/30-30 rep.)
15    (35 ILCS 200/30-31 rep.)
16    Section 900-17. The Property Tax Code is amended by
17repealing Sections 30-30 and 30-31.
 
18    Section 900-20. The Public Building Commission Act is
19amended by changing Section 10 as follows:
 
20    (50 ILCS 20/10)  (from Ch. 85, par. 1040)
21    Sec. 10. Government Reporting Enhancement and Transparency
22Act.

 

 

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1    (a) A Public Building Commission shall provide for the
2proper safekeeping of its records, subject to the provisions
3of the "The Local Records Act", enacted by the Seventy-second
4General Assembly, and shall keep a minute book for the
5recording of the corporate action of the Board of
6Commissioners. A complete record of the meetings and
7proceedings of the Board of Commissioners shall be kept in
8such minute book and such minutes shall be signed by the
9Secretary of the Public Building Commission. The Commission
10shall keep a true and accurate account of its receipts and
11disbursements and an annual audit shall be made of its books,
12records and accounts for fiscal years ending before January 1,
132028. The audit shall be presented annually for review to each
14governing body under whose resolution the Commission is
15organized. If an audit is not presented on an annual basis, any
16or all governing bodies under whose resolutions the Commission
17is organized may order their own audit of the Commission's
18books, records, and accounts. The Commission shall cooperate
19by providing all requested documentation. When an audit is
20conducted at the direction of a governing body, no more than
21one audit shall be conducted for all governing bodies under
22whose resolutions the Commission is organized and the audit
23shall be paid for from Commission funds. All officers and
24employees authorized to receive or retain the custody of money
25or to sign vouchers, checks, warrants, or evidences of
26indebtedness on behalf of the Commission, shall furnish surety

 

 

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1bond for the faithful performance of their duties and the
2faithful accounting of all monies that may come into their
3hands, in an amount to be fixed and in a form to be approved by
4the Board of Commissioners.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of a Commission shall be
8subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: P.A. 90-702, eff. 8-7-98.)
 
11    Section 900-25. The Local Government Financial Statement
12Act is amended by changing Section 1 as follows:
 
13    (50 ILCS 305/1)  (from Ch. 85, par. 601)
14    Sec. 1. Through December 31, 2027, the The corporate
15authorities of all counties and municipal corporations and all
16public officers who in the discharge of their official duties
17receive all or any part of their funds from the County
18Collector or the County Treasurer and all fee officers other
19than city or village treasurers or municipal officers who are
20required to file an annual report, which report is required to
21be published, shall furnish as herein provided, within 60 days
22after January 1st and July 1st of each year a sworn, detailed
23and itemized statement of all receipts and expenditures of any
24character for the preceding 6 months and showing the names,

 

 

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1addresses, positions and salaries of every employee of the
2county office or municipal corporation.
3    A copy of such statement shall be furnished for reference,
4on request, to all daily newspapers published in each city, in
5such county, and to the city library of each city. Copies shall
6also be furnished to the clerk of the circuit court or to the
7clerk of such municipal corporation, respectively, such copies
8to be kept available for inspection by persons applying
9therefor. The governing body of any such county or municipal
10corporation may direct the publication of such reports,
11respectively, in one or more daily newspapers respectively
12published therein, and the city council of cities of 300,000
13or more population shall so direct the publication thereof.
14    Nothing in this Act shall apply to the corporate
15authorities or any officer of a county which has a population
16of more than 3,000,000.
17(Source: P.A. 86-412.)
 
18    Section 900-30. The Governmental Account Audit Act is
19amended by changing Section 4.5 and by adding Section 10.5 as
20follows:
 
21    (50 ILCS 310/4.5)
22    Sec. 4.5. Comptroller's Audit Expense Revolving Fund.
23There is created the Comptroller's Audit Expense Revolving
24Fund as a special fund to be held by the State Treasurer, ex

 

 

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1officio, as custodian, but separate and apart from the funds
2in the State treasury. The following moneys shall be deposited
3into that Fund:
4        (1) All moneys received by the Comptroller for
5    reimbursement of the Comptroller's cost of performing
6    audits and preparing or completing reports under Section 4
7    of this Act, Section 6-31004 of the Counties Code, or
8    Section 8-8-4 of the Illinois Municipal Code.
9        (2) All moneys appropriated to that Fund by the
10    General Assembly.
11    Expenditures from the Fund shall be made on vouchers
12signed by the Comptroller, for the sole purpose of paying the
13Comptroller's cost of performing audits and preparing or
14completing reports under Section 4 of this Act, Section
156-31004 of the Counties Code, or Section 8-8-4 of the Illinois
16Municipal Code.
17    The State Treasurer shall invest moneys in the Fund in the
18same manner and subject to the same restrictions as moneys in
19the State treasury.
20    Notwithstanding any other provision of law to the
21contrary, on June 30, 2030, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the remaining balance from the
24Comptroller's Audit Expense Revolving Fund into the
25Comptroller's Administrative Fund. Upon completion of the
26transfer, the Comptroller's Audit Expense Revolving Fund is

 

 

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1dissolved, and any future deposits due to that Fund and any
2outstanding obligations or liabilities of that Fund shall pass
3to the Comptroller's Administrative Fund.
4(Source: P.A. 88-280.)
 
5    (50 ILCS 310/10.5 new)
6    Sec. 10.5. Operability. Notwithstanding any other
7provision of this Act to the contrary, the provisions of this
8Act shall only apply to reports for fiscal years ending before
9January 1, 2028.
 
10    Section 900-35. The Counties Code is amended by changing
11Sections 6-31003, 6-31004, 6-31005, 6-31006, 6-31008, 6-31009,
126-31010, 6-31011, 6-31012, and 6-31013 and by adding Section
136-31007 as follows:
 
14    (55 ILCS 5/6-31003)  (from Ch. 34, par. 6-31003)
15    Sec. 6-31003. Annual audits and reports. For fiscal years
16ending before January 1, 2028, The county board of each county
17shall cause an audit of all of the funds and accounts of the
18county to be performed annually by an auditor or auditors
19chosen by the county board or by an auditor or auditors
20retained by the Comptroller, as hereinafter provided. In
21addition, each county shall file with the Comptroller a
22financial report containing information required by the
23Comptroller. Such financial report shall be on a form so

 

 

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1designed by the Comptroller as not to require professional
2accounting services for its preparation. All audits and
3reports to be filed with the Comptroller under this Section
4must be submitted electronically and the Comptroller must post
5the audits and reports on the Internet no later than 45 days
6after they are received. If the county provides the
7Comptroller's Office with sufficient evidence that the audit
8or report cannot be filed electronically, the Comptroller may
9waive this requirement. The Comptroller must also post a list
10of counties that are not in compliance with the reporting
11requirements set forth in this Section.
12    Any financial report under this Section shall include the
13name of the purchasing agent who oversees all competitively
14bid contracts. If there is no purchasing agent, the name of the
15person responsible for oversight of all competitively bid
16contracts shall be listed.
17    The audit shall commence as soon as possible after the
18close of each fiscal year and shall be completed within 180
19days after the close of such fiscal year, unless an extension
20of time is granted by the Comptroller in writing. Such
21extension of time shall not exceed 60 days. When the auditor or
22auditors have completed the audit a full report thereof shall
23be made and not less than 2 copies of each audit report shall
24be submitted to the county board. Each audit report shall be
25signed by the auditor performing the audit and shall include
26only financial information, findings and conclusions that are

 

 

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1adequately supported by evidence in the auditor's working
2papers to demonstrate or prove, when called upon, the basis
3for the matters reported and their correctness and
4reasonableness. In connection with this, each county board
5shall retain the right of inspection of the auditor's working
6papers and shall make them available to the Comptroller, or
7his designee, upon request.
8    Within 60 days of receipt of an audit report, each county
9board shall file one copy of each audit report and each
10financial report with the Comptroller and any comment or
11explanation that the county board may desire to make
12concerning such audit report may be attached thereto. An audit
13report which fails to meet the requirements of this Division
14shall be rejected by the Comptroller and returned to the
15county board for corrective action. One copy of each such
16report shall be filed with the county clerk of the county so
17audited.
18    This Section is a limitation under subsection (i) of
19Section 6 of Article VII of the Illinois Constitution on the
20concurrent exercise by home rule counties of powers and
21functions exercised by the State.
22(Source: P.A. 101-419, eff. 1-1-20.)
 
23    (55 ILCS 5/6-31004)  (from Ch. 34, par. 6-31004)
24    Sec. 6-31004. Overdue reports.
25    (a) In the event the required reports for a county are not

 

 

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1filed with the Comptroller in accordance with Section 6-31003
2within 180 days after the close of the fiscal year of the
3county, the Comptroller shall notify the county board in
4writing that the reports are due, and may also grant an
5extension of time of up to 60 days for the filing of the
6reports. In the event the required reports are not filed
7within the time specified in such written notice, the
8Comptroller shall cause the audit to be performed and the
9audit report prepared by an auditor or auditors.
10    (b) The Comptroller may decline to order an audit and the
11preparation of an audit report if an initial examination of
12the books and records of the governmental unit indicates that
13the books and records of the governmental unit are inadequate
14or unavailable due to the passage of time or the occurrence of
15a natural disaster.
16    (c) The State Comptroller may grant extensions for
17delinquent audits or reports. The Comptroller may charge a
18county a fee for a delinquent audit or report of $5 per day for
19the first 15 days past due, $10 per day for 16 through 30 days
20past due, $15 per day for 31 through 45 days past due, and $20
21per day for the 46th day and every day thereafter. These
22amounts may be reduced at the Comptroller's discretion. All
23fees collected under this subsection (c) shall be deposited
24into the Comptroller's Administrative Fund.
25    (d) This Section only applies to audits for fiscal years
26ending before January 1, 2028.

 

 

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1(Source: P.A. 101-419, eff. 1-1-20.)
 
2    (55 ILCS 5/6-31005)  (from Ch. 34, par. 6-31005)
3    Sec. 6-31005. Funds managed by county officials. For
4officials that leave office prior to January 1, 2027, in In
5addition to any other audit required by this Division, the
6County Board shall cause an audit to be made of all funds and
7accounts under the management or control of a county official
8as soon as possible after such official leaves office for any
9reason. The audit shall be filed with the county board not
10later than 180 days after the official leaves office. The
11audit shall be performed and the audit report shall be
12prepared and filed with the Chairman of the County Board by an
13auditor.
14    As used in this Section, "county official" means any
15elected county officer or any officer appointed by the county
16board who is charged with the management or control of any
17county funds; and "audit" means a post facto examination of
18books, documents, records, and other evidence relating to the
19obligation, receipt, expenditure or use of public funds of the
20county, including governmental operations relating to such
21obligations, receipt, expenditure or use.
22(Source: P.A. 101-419, eff. 1-1-20.)
 
23    (55 ILCS 5/6-31006)  (from Ch. 34, par. 6-31006)
24    Sec. 6-31006. Audit report.

 

 

HB5391- 64 -LRB104 18487 RTM 31929 b

1    (a) Prior to fiscal year 2019, the audit report shall
2contain statements that are in conformity with generally
3accepted public accounting principles or other comprehensive
4basis of accounting and shall set forth the financial position
5and the results of financial operations for each fund,
6account, and office of the county government. The audit report
7shall also include the professional opinion of the auditor or
8auditors with respect to the financial status and operations
9or, if an opinion cannot be expressed, a declaration that such
10auditor is unable to express such opinion and an explanation
11of the reasons he or she cannot do so. Each audit report shall
12include the certification of the auditor or auditors making
13the audit that the audit has been performed in compliance with
14generally accepted auditing standards. Each audit report filed
15with the Comptroller shall be accompanied by a copy of each
16official statement or other offering of materials prepared in
17connection with the issuance of indebtedness of the county
18since the filing of the last audit report.
19    (b) For fiscal year 2019 and each fiscal year thereafter
20through the fiscal year ending immediately preceding January
211, 2028, the audit report shall contain statements that set
22forth the financial position and the results of financial
23operations for financial statements for governmental
24activities, business-type activities, discretely presented
25component units, and each major fund and aggregated nonmajor
26funds for each fund, account, and office of the county

 

 

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1government. The audit report shall include the professional
2opinion or opinions of an auditor or auditors with respect to
3the financial status and statements or, if an opinion cannot
4be expressed, a declaration that the auditor is unable to
5express an opinion and an explanation of the reasons he or she
6cannot do so. Each auditor's report shall include the
7representation of the auditor or auditors conducting the audit
8that the audit has been performed in accordance with generally
9accepted auditing standards. Each audit report filed with the
10Comptroller shall be accompanied by a copy of each official
11statement or other offering of materials prepared in
12connection with the issuance of indebtedness of the county
13since the filing of the last audit report.
14    (c) For fiscal year 2019 and each fiscal year thereafter
15through the fiscal year ending immediately preceding January
161, 2028, audit reports shall contain financial statements
17prepared in accordance with generally accepted accounting
18principles and audited in conformity with generally accepted
19auditing standards if the last audit report filed preceding
20fiscal year 2019 expressed an unmodified or modified opinion
21by the auditor that the financial statements were presented in
22accordance with generally accepted accounting principles.
23    (d) For fiscal year 2019 and each fiscal year thereafter
24through the fiscal year ending immediately preceding January
251, 2028, audit reports containing financial statements
26prepared in accordance with an other comprehensive basis of

 

 

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1accounting may follow the best practices and guidelines
2outlined by the American Institute of Certified Public
3Accountants and shall be audited in accordance with generally
4accepted auditing standards. If the county board of a county
5submits an audit report containing financial statements
6prepared in accordance with generally accepted accounting
7principles, thereafter all future audit reports shall also
8contain financial statements prepared in accordance with
9generally accepted accounting principles.
10    (e) For fiscal years ending before January 1, 2028, audits
11Audits may be made on financial statements prepared using
12either an accrual or cash basis of accounting, depending upon
13the system followed by the county, and audit reports shall
14comply with this Section.
15(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 
16    (55 ILCS 5/6-31007 new)
17    Sec. 6-31007. transitional agreed-upon engagements.
18    (a) No later than 10 days after certification of the
19election results after October 31, 2026, the county board
20chairperson, county board president, or county executive shall
21notify newly elected countywide officials of the option for an
22independent CPA or CPA firm, as those terms are defined in
23Section 0.03 of the Illinois Public Accounting Act, to conduct
24transitional agreed-upon procedures at the county's expense.
25The county board shall pay all costs associated with these

 

 

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1agreed-upon procedures. The agreed-upon procedures shall
2assist users in understanding if funds received or funds
3expended during the current fiscal year by the official for
4whom the newly elected official is taking over were consistent
5with the county board's financial allocations to that official
6and applicable laws, rules, and regulations.
7(b) A home rule county shall not regulate transitional
8agreed-upon engagements in a manner inconsistent with this
9Section. This Section is a limitation under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution on the
11concurrent exercise by home rule units of powers and functions
12exercised by the State
 
13    (55 ILCS 5/6-31008)  (from Ch. 34, par. 6-31008)
14    Sec. 6-31008. Expenses of audit. The expenses of
15conducting the audit and making the required audit report or
16financial statement for each county, whether ordered by the
17county board or the Comptroller, shall be paid by the county
18and the county board shall make provisions for such payment.
19If the audit is made by an auditor or auditors retained by the
20Comptroller, the county, through the county board, shall pay
21to the Comptroller reasonable compensation and expenses to
22reimburse him for the cost of making such audit. Moneys paid to
23the Comptroller pursuant to the preceding sentence shall be
24deposited into the Comptroller's Audit Expense Revolving Fund.
25    Such expenses shall be paid from the general corporate

 

 

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1fund of the county.
2    Contracts for the performance of audits required by this
3Division may be entered into without competitive bidding.
4    This Section only applies to fiscal years ending before
5January 1, 2028.
6(Source: P.A. 101-419, eff. 1-1-20.)
 
7    (55 ILCS 5/6-31009)  (from Ch. 34, par. 6-31009)
8    Sec. 6-31009. Public records. For fiscal years ending
9before January 1, 2028, all All audit reports and financial
10statements are public records and shall be open to public
11inspection. The clerk of the county board shall furnish a copy
12of the audit report or financial statement to any person
13making a request and paying the fee therefor. The fee shall be
14set by the county board and shall not exceed $15.
15(Source: P.A. 86-962.)
 
16    (55 ILCS 5/6-31010)  (from Ch. 34, par. 6-31010)
17    Sec. 6-31010. Construction. The provisions of this
18Division and the Government Reporting Enhancement and
19Transparency Act shall not be construed to relieve any officer
20of any duty otherwise required of him by law with relation to
21the auditing, management, collection or disbursement of public
22funds. Failure of the county board to comply with any of the
23provisions of this Division shall not affect the legality of
24any taxes levied by the county board.

 

 

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1(Source: P.A. 86-962.)
 
2    (55 ILCS 5/6-31011)  (from Ch. 34, par. 6-31011)
3    Sec. 6-31011. Audit committee. The corporate authorities
4of a county may establish an audit committee, and may appoint
5members of the corporate authority or other appropriate
6officers to the committee, to review audit reports prepared
7under this Division, the Government Reporting Enhancement and
8Transparency Act, and any other financial reports and
9documents, including management letters prepared by or on
10behalf of the county.
11(Source: P.A. 86-962.)
 
12    (55 ILCS 5/6-31012)
13    Sec. 6-31012. Audit report disclosure. Each fiscal year
14through the fiscal year ending immediately preceding January
151, 2028, within 60 days of the close of an audit under this
16Division, the auditor conducting the audit of all of the funds
17and accounts of a county shall do each of the following:
18        (1) Provide a copy of any management letter and a copy
19    of any audited financial statements to each member of the
20    county board. If the county maintains an Internet website,
21    the county board shall post this information to its
22    website.
23        (2) Present the information from the audit to the
24    county board either in person or by a live phone or web

 

 

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1    connection during a public meeting.
2(Source: P.A. 98-738, eff. 1-1-15.)
 
3    (55 ILCS 5/6-31013)
4    Sec. 6-31013. Transitional audits.
5    (a) No later than 10 days after certification of the
6election results through October 31, 2026, the county board
7chairperson, county board president, or county executive shall
8notify newly elected countywide officials of the option for an
9auditor to conduct a transitional audit at the county's
10expense. An elected county auditor shall conduct the audit
11upon a request of the newly elected countywide official. In a
12county that does not have an elected county auditor, the newly
13elected countywide official may hire a qualified auditing
14firm. The county board shall pay all costs associated with an
15audit. The transitional audit shall examine funds expended by
16the official for whom the newly elected official is taking
17over and report if the expended funds were consistent with the
18county board's financial allocations to that official.
19    (b) A county board shall give the option for a
20transitional financial audit to all county officials elected
21in or after November 2016 through September 30, 2026.
22    (c) A home rule county shall not regulate transitional
23audits in a manner inconsistent with this Section. This
24Section is a limitation under subsection (i) of Section 6 of
25Article VII of the Illinois Constitution on the concurrent

 

 

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1exercise by home rule units of powers and functions exercised
2by the State.
3(Source: P.A. 101-544, eff. 8-23-19.)
 
4    Section 900-40. The Township Code is amended by changing
5Sections 80-20, 80-65, and 205-90 as follows:
 
6    (60 ILCS 1/80-20)
7    Sec. 80-20. Independent audit of accounts.
8    (a) All accounts audited under this Article (and those
9rejected, if any) shall be delivered with the certificate of
10the trustees (or a majority of them) to the township clerk, who
11shall keep them on file for the inspection of any of the
12inhabitants of the township. They shall also be produced by
13the township clerk at the next annual meeting and shall be read
14at the meeting by the clerk.
15    (b) For fiscal years ending before January 1, 2028, in In
16townships that receive revenue of $850,000 or more during any
17fiscal year, exclusive of road funds, the township board shall
18have the accounts and all records of the township thoroughly
19audited by a certified public accountant within 6 months after
20the close of each fiscal year. The board shall have a copy of
21the accountant's report and recommendations filed with the
22township clerk and another copy filed with the county clerk
23for public inspection.
24    (c) For fiscal years ending before January 1, 2028, in In

 

 

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1townships that receive revenue of less than $850,000 during
2any fiscal year, exclusive of road funds, the township board
3shall have the accounts and all records of the township
4audited and inspected by an independent auditing committee
5composed of 3 township electors chosen by the board. The audit
6shall be completed within 6 months after the close of each
7fiscal year. A copy of the auditing committee's report and
8recommendations shall be filed with the township clerk and
9another copy shall be filed with the county clerk for public
10inspection. The auditing committee shall not contain any
11member of the township board or any person related to a
12trustee. Members of the auditing committee shall be proficient
13in accounting principles and practices and shall be
14compensated at a rate determined by the township board but not
15to exceed $50 per day. In addition to the other audit
16requirements imposed by law, in townships subject to this
17subsection, the township board shall have the accounts and all
18records of the township thoroughly audited by a certified
19public accountant within 6 months after (i) the end of each
20term of office of the township supervisor and (ii) a vacancy
21occurs in the office of township supervisor. A copy of the
22accountant's report and recommendations shall be filed with
23the township clerk and another copy shall be filed with the
24county clerk for public inspection.
25    (d) For fiscal years beginning after December 31, 2027,
26notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each township and road
2district comprised of a single township shall be combined and
3shall be subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 92-582, eff. 7-1-02.)
 
6    (60 ILCS 1/80-65)
7    Sec. 80-65. Annual audit. The township board shall comply
8with the Governmental Account Audit Act for fiscal years
9ending before January 1, 2028.
10(Source: P.A. 88-62.)
 
11    (60 ILCS 1/205-90)
12    Sec. 205-90. System of accounts; audits.
13    (a) The township board of each township availing itself of
14the provisions of this Article shall maintain a proper system
15of accounts showing the receipts from the operation of the
16system and the application of those receipts and shall at
17least once each year cause the accounts to be properly audited
18by independent public accountants for fiscal years ending
19before January 1, 2028. Copies of the audits shall be filed in
20the office of the township clerk and shall be made available
21for inspection at all proper times by any water user, township
22board member, or other interested person.
23    (b) For fiscal years beginning after December 31, 2027,
24notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each waterworks
2system, sewerage system, combined waterworks and sewerage
3system, or system shall be combined with the township and
4shall be subject to the Government Reporting Enhancement and
5Transparency Act.
6(Source: P.A. 82-783; 88-62.)
 
7    Section 900-45. The Illinois Municipal Code is amended by
8changing Sections 3.1-35-115, 4-5-16, 8-8-3, 8-8-3.5, 8-8-4,
98-8-5, 8-8-7, 8-8-8, 8-8-10, 8-8-10.5, 8-12-15, 11-10-2,
1011-65-9, 11-74.4-5, 11-74.4-8a, 11-74.6-22, 11-94-5,
1111-117-13, 11-119.1-4, 11-119.2-4, 11-122-5, 11-123-14,
1211-130-11, 11-139-10, and 11-141-8 as follows:
 
13    (65 ILCS 5/3.1-35-115)  (from Ch. 24, par. 3.1-35-115)
14    Sec. 3.1-35-115. Comptroller; duties.
15    (a) The comptroller, if one is elected or appointed in a
16municipality (and if not, then the municipal clerk), shall
17exercise a general supervision over all the officers of the
18municipality charged in any manner with the receipt,
19collection, or disbursement of the municipal revenue, or with
20the collection and return of the municipal revenue, or with
21the collection and return of the municipal revenue into the
22treasury.
23    (b) The comptroller shall have custody and control of all
24municipal documents, books, and papers designated by the

 

 

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1corporate authorities.
2    (c) On or before May 15 of each year, and before the annual
3appropriation ordinance is prepared by the corporate
4authorities, the comptroller shall submit to the corporate
5authorities a report of the comptroller's estimate, as nearly
6as may be, of the money necessary to defray the expenses of the
7municipality during the current fiscal year. For the purpose
8of making this report, the comptroller is authorized to
9require all officers to submit statements of the condition and
10expenses of their respective offices or departments, with any
11proposed municipal improvements and the probable expense of
12those improvements, all unperformed contracts, and the amount
13of all unexpended appropriations of the preceding year.
14    (d) In this report, the comptroller shall (i) classify the
15different objects and purposes of expenditure, giving, as
16nearly as may be, the amount required for each, (ii) show the
17aggregate income of the preceding fiscal year, from all
18sources, (iii) show the amount of liabilities upon which
19interest is to be paid, (iv) show the bonds and debts payable
20during the year, when due and payable, and (v) give all other
21information to the corporate authorities the comptroller deems
22necessary, so that the corporate authorities may fully
23understand the demands upon the municipality for the current
24fiscal year.
25    (e) In municipalities of 500,000 or more inhabitants, the
26preparation of the report required by this Section and its

 

 

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1form and substance, including the classification of the
2different objects and purposes of expenditures, shall be
3performed by the budget director of the municipality. For
4fiscal years ending before January 1, 2028, in In those
5municipalities the comptroller shall prepare an annual
6post-audit of all funds for the preceding year which shall be
7known as the "comptroller's report", a copy of which shall be
8sent by the municipal comptroller to the State Comptroller.
9(Source: P.A. 87-1119.)
 
10    (65 ILCS 5/4-5-16)  (from Ch. 24, par. 4-5-16)
11    Sec. 4-5-16. Statement of receipts and expenses;
12examination of books and accounts; expenditure greater than
13appropriation.
14    (a) For fiscal years ending before January 1, 2028, in In
15municipalities with 25,000 or more inhabitants, the council
16each month shall print in pamphlet form, a detailed itemized
17statement of all receipts and expenses of the municipality and
18a summary of its proceedings during the preceding month. For
19fiscal years ending before January 1, 2028, in In
20municipalities with fewer than 25,000 inhabitants, the council
21shall print a similar statement annually instead of monthly.
22The council shall furnish printed copies of each statement to
23(i) the State Library, (ii) the city library, (iii) all the
24daily and weekly newspapers with a general circulation in the
25municipality, and (iv) persons who apply for a copy at the

 

 

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1office of the municipal clerk.
2    (b) For fiscal years ending before January 1, 2028, at At
3the end of each fiscal year, the council shall have licensed
4Certified Public Accountants permitted to perform audits under
5the Illinois Public Accounting Act make a full and complete
6examination of all books and accounts of the municipality and
7shall distribute the result of that examination in the manner
8provided in this Section.
9    (c) It is unlawful for the council or any commissioner to
10expend, directly or indirectly, a greater amount for any
11municipal purpose than the amount appropriated for that
12purpose in the annual appropriation ordinance passed for that
13fiscal year. A violation of this provision by any member of the
14council shall constitute a petty offense.
15(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
 
16    (65 ILCS 5/8-8-3)  (from Ch. 24, par. 8-8-3)
17    Sec. 8-8-3. Audit requirements.
18    (a) The corporate authorities of each municipality coming
19under the provisions of this Division 8 shall cause an audit of
20the funds and accounts of the municipality to be made by an
21auditor or auditors employed by such municipality or by an
22auditor or auditors retained by the Comptroller, as
23hereinafter provided.
24    (b) Until Fiscal Year 2027, the accounts and funds of each
25municipality having a population of 800 or more or having a

 

 

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1bonded debt or owning or operating any type of public utility
2shall be audited annually. The audit herein required shall
3include all of the accounts and funds of the municipality.
4Such audit shall be begun as soon as possible after the close
5of the fiscal year, and shall be completed and the report
6submitted within 180 days after the close of such fiscal year,
7unless an extension of time shall be granted by the
8Comptroller in writing. The auditor or auditors performing
9perform the audit shall submit not less than 2 copies of the
10audit report to the corporate authorities of the municipality
11being audited. Municipalities not operating utilities may
12cause audits of the accounts of municipalities to be made more
13often than herein provided, by an auditor or auditors. The
14audit report of such audit when filed with the Comptroller
15together with an audit report covering the remainder of the
16period for which an audit is required to be filed hereunder
17shall satisfy the requirements of this Section section. This
18subsection (b) becomes inoperative inoperable in Fiscal Year
192027.
20    (c) Until Fiscal Year 2027, municipalities of less than
21800 population which do not own or operate public utilities
22and do not have bonded debt, shall file annually with the
23Comptroller a financial report containing information required
24by the Comptroller. Such annual financial report shall be on
25forms devised by the Comptroller in such manner as to not
26require professional accounting services for its preparation.

 

 

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1This subsection (c) becomes inoperative inoperable in Fiscal
2Year 2027.
3    (d) Until Fiscal Year 2027, in addition to any audit
4report required, all municipalities, except municipalities of
5less than 800 population which do not own or operate public
6utilities and do not have bonded debt, shall file annually
7with the Comptroller a supplemental report on forms devised
8and approved by the Comptroller. This subsection (d) becomes
9inoperative inoperable in Fiscal Year 2027.
10    (e) Until Fiscal Year 2027, notwithstanding any provision
11of law to the contrary, if a municipality (i) has a population
12of less than 200, (ii) has bonded debt in the amount of $50,000
13or less, and (iii) owns or operates a public utility, then the
14municipality shall cause an audit of the funds and accounts of
15the municipality to be performed by an auditor employed by the
16municipality or retained by the Comptroller for fiscal year
172011 and every fourth fiscal year thereafter or until the
18municipality has a population of 200 or more, has bonded debt
19in excess of $50,000, or no longer owns or operates a public
20utility. Nothing in this subsection shall be construed as
21limiting the municipality's duty to file an annual financial
22report with the Comptroller or to comply with the filing
23requirements concerning the county clerk. This subsection (e)
24becomes inoperative inoperable in Fiscal Year 2027.
25    (f) All audits and reports to be filed with the
26Comptroller under this Section must be submitted

 

 

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1electronically and the Comptroller must post the audits and
2reports on the Internet no later than 45 days after they are
3received. If the municipality provides the Comptroller's
4Office with sufficient evidence that the audit or report
5cannot be filed electronically, the Comptroller may waive this
6requirement. The Comptroller must also post a list of
7municipalities that are not in compliance with the reporting
8requirements set forth in this Section.
9    (g) Subsection (f) of this Section is a limitation under
10subsection (i) of Section 6 of Article VII of the Illinois
11Constitution on the concurrent exercise by home rule
12municipalities of powers and functions exercised by the State.
13    (h) Any financial report under this Section shall include
14the name of the purchasing agent who oversees all
15competitively bid contracts. If there is no purchasing agent,
16the name of the person responsible for oversight of all
17competitively bid contracts shall be listed.
18    (i) Beginning in Fiscal Year 2027, if a municipality has a
19population of less than 1,000, does not own or operate public
20utilities, and does not have bonded debt, then the
21municipality shall file annually with the Comptroller an
22annual financial report.
23    (j) Beginning in Fiscal Year 2027, a municipality with a
24population of less than 1,000 shall annually file an annual
25financial report with the Comptroller if the municipality owns
26or operates public utilities or has bonded debt. Additionally,

 

 

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1the municipality shall file an audit report once every 4 years
2unless the latest audit report filed with the Comptroller
3contains an adverse opinion or disclaimer of opinion. If the
4audit report contains an adverse opinion or disclaimer of
5opinion, then the municipality shall file an audit report
6annually until the audit report shows no adverse opinion or
7disclaimer of opinion.
8    (k) Beginning in Fiscal Year 2027, if a municipality has a
9population of 1,000 or more, then the municipality shall file
10annually with the Comptroller an audit report and annual
11financial report.
12    (l) Beginning in Fiscal Year 2027, municipalities shall
13submit completed audit reports and annual financial reports
14within 180 days after the close of such fiscal year, unless an
15extension is granted by the Comptroller in writing. The
16auditor performing the audit shall submit not less than 2
17copies of the audit report to the corporate authorities of the
18municipality being audited. The audit report of such audit
19when filed with the Comptroller together with an audit report
20covering the remainder of the period for which an audit is
21required to be filed under this Section shall satisfy the
22requirements of this Section.
23    This Section only applies to fiscal years ending before
24January 1, 2028.
25(Source: P.A. 104-167, eff. 1-1-26; revised 12-12-25.)
 

 

 

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1    (65 ILCS 5/8-8-3.5)
2    Sec. 8-8-3.5. Tax Increment Financing Report. The reports
3filed under subsection (d) of Section 11-74.4-5 of the Tax
4Increment Allocation Redevelopment Act and the reports filed
5under subsection (d) of Section 11-74.6-22 of the Industrial
6Jobs Recovery Law in the Illinois Municipal Code must be
7separate from any other annual report filed with the
8Comptroller. The Comptroller must, in cooperation with
9reporting municipalities, create a format for the reporting of
10information described in paragraphs (1.5), (5), and (8) and in
11subparagraph (G) of paragraph (7) of subsection (d) of Section
1211-74.4-5 of the Tax Increment Allocation Redevelopment Act
13and the information described in paragraphs (1.5), (5), and
14(8) and in subparagraph (G) of paragraph (7) of subsection (d)
15of Section 11-74.6-22 of the Industrial Jobs Recovery Law that
16facilitates consistent reporting among the reporting
17municipalities. The Comptroller may allow these reports to be
18filed electronically and may display the report, or portions
19of the report, electronically via the Internet. All reports
20filed under this Section must be made available for
21examination and copying by the public at all reasonable times.
22A Tax Increment Financing Report must be filed electronically
23with the Comptroller within 180 days after the close of the
24municipal fiscal year or as soon thereafter as the audit for
25the redevelopment project area for that fiscal year becomes
26available. If the Tax Increment Finance administrator provides

 

 

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1the Comptroller's office with sufficient evidence that the
2report is in the process of being completed by an auditor, the
3Comptroller may grant an extension. If the required report is
4not filed within the time extended by the Comptroller, the
5Comptroller shall notify the corporate authorities of that
6municipality that the audit report is past due. The
7Comptroller may charge a municipality a fee of $5 per day for
8the first 15 days past due, $10 per day for 16 through 30 days
9past due, $15 per day for 31 through 45 days past due, and $20
10per day for the 46th day and every day thereafter. These
11amounts may be reduced at the Comptroller's discretion. In the
12event the required audit report is not filed within 60 days of
13such notice, the Comptroller shall cause such audit to be made
14by an auditor or auditors. The Comptroller may decline to
15order an audit and the preparation of an audit report if an
16initial examination of the books and records of the
17municipality indicates that books and records of the
18municipality are inadequate or unavailable to support the
19preparation of the audit report or the supplemental report due
20to the passage of time or the occurrence of a natural disaster.
21All fees collected pursuant to this Section shall be deposited
22into the Comptroller's Administrative Fund. In the event the
23Comptroller causes an audit to be made in accordance with the
24requirements of this Section, the municipality shall pay to
25the Comptroller reasonable compensation and expenses to
26reimburse her for the cost of preparing or completing such

 

 

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1report. Moneys paid to the Comptroller pursuant to the
2preceding sentence shall be deposited into the Comptroller's
3Audit Expense Revolving Fund.
4    This Section only applies to fiscal years ending before
5January 1, 2028.
6(Source: P.A. 101-419, eff. 1-1-20; 102-127, eff. 7-23-21.)
 
7    (65 ILCS 5/8-8-4)  (from Ch. 24, par. 8-8-4)
8    Sec. 8-8-4. Overdue reports.
9    (a) In the event the required audit report for a
10municipality is not filed with the Comptroller in accordance
11with Section 8-8-7 within 180 days after the close of the
12fiscal year of the municipality, the Comptroller shall notify
13the corporate authorities of that municipality in writing that
14the audit report is due, and may also grant an extension of
15time of 60 days, for the filing of the audit report. In the
16event the required audit report is not filed within the time
17specified in such written notice, the Comptroller shall cause
18such audit to be made by an auditor or auditors. In the event
19the required annual or supplemental report for a municipality
20is not filed within 6 months after the close of the fiscal year
21of the municipality, the Comptroller shall notify the
22corporate authorities of that municipality in writing that the
23annual or supplemental report is due and may grant an
24extension in time of 60 days for the filing of such annual or
25supplemental report.

 

 

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1    (b) In the event the annual or supplemental report is not
2filed within the time extended by the Comptroller, the
3Comptroller shall cause such annual or supplemental report to
4be prepared or completed and the municipality shall pay to the
5Comptroller reasonable compensation and expenses to reimburse
6him for the cost of preparing or completing such annual or
7supplemental report. Moneys paid to the Comptroller pursuant
8to the preceding sentence shall be deposited into the
9Comptroller's Audit Expense Revolving Fund.
10    (c) The Comptroller may decline to order an audit or the
11completion of the supplemental report if an initial
12examination of the books and records of the municipality
13indicates that books and records of the municipality are
14inadequate or unavailable to support the preparation of the
15audit report or the supplemental report due to the passage of
16time or the occurrence of a natural disaster.
17    (d) The State Comptroller may grant extensions for
18delinquent audits or reports. The Comptroller may charge a
19municipality a fee for a delinquent audit or report of $5 per
20day for the first 15 days past due, $10 per day for 16 through
2130 days past due, $15 per day for 31 through 45 days past due,
22and $20 per day for the 46th day and every day thereafter.
23These amounts may be reduced at the Comptroller's discretion.
24All fees collected under this subsection (d) shall be
25deposited into the Comptroller's Administrative Fund.
26    (e) This Section only applies to fiscal years ending

 

 

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1before January 1, 2028.
2(Source: P.A. 101-419, eff. 1-1-20.)
 
3    (65 ILCS 5/8-8-5)  (from Ch. 24, par. 8-8-5)
4    Sec. 8-8-5. (a) Prior to fiscal year 2019, the audit shall
5be made in accordance with generally accepted auditing
6standards. Reporting on the financial position and results of
7financial operations for each fund of the municipality shall
8be in accordance with generally accepted accounting principles
9or other comprehensive basis of accounting. Each audit report
10shall include only financial information, findings, and
11conclusions that are adequately supported by evidence in the
12auditor's working papers to demonstrate or prove, when called
13upon, the basis for the matters reported and their correctness
14and reasonableness. In connection with this, each municipality
15shall retain the right of inspection of the auditor's working
16papers and shall make them available to the Comptroller, or
17his or her designee, upon request. The audit report shall
18consist of the professional opinion of the auditor or auditors
19with respect to the financial statements or, if an opinion
20cannot be expressed, a declaration that the auditor is unable
21to express such opinion and an explanation of the reasons he or
22she cannot do so. Municipal authorities shall not impose
23limitations on the scope of the audit to the extent that the
24effect of such limitations will result in the qualification of
25the opinion of the auditor or auditors. Each audit report

 

 

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1filed with the Comptroller shall be accompanied by a copy of
2each official statement or other offering of materials
3prepared in connection with the issuance of indebtedness of
4the municipality since the filing of the last audit report.
5    (b) For fiscal year 2019 and each fiscal year thereafter,
6the audit report shall include the financial statements for
7governmental activities, business-type activities, discretely
8presented component units, and each major fund and aggregated
9nonmajor fund. The audit report shall also include the
10professional opinion or opinions of the auditor or auditors
11with respect to the financial statements or, if an opinion
12cannot be expressed, a declaration that the auditor is unable
13to express an opinion and an explanation of the reasons he or
14she cannot do so. Each auditor's report shall include a
15representation by the auditor or auditors conducting the audit
16has been performed in accordance with generally accepted
17auditing standards. Municipal authorities shall not impose
18limitations on the scope of the audit to the extent that the
19effect of the limitations will result in the modification of
20the opinion or opinions of the auditor or auditors. Each audit
21report filed with the Comptroller shall be accompanied by a
22copy of each official statement or other offering of materials
23prepared in connection with the issuance of indebtedness of
24the municipality since the filing of the last audit report.
25    (c) For fiscal year 2019 and each fiscal year thereafter,
26audit reports shall contain financial statements prepared in

 

 

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1accordance with generally accepted accounting principles and
2audited in accordance with generally accepted auditing
3standards if the last audit report filed preceding fiscal year
42019 expressed an unmodified or modified opinion by the
5auditor that the financial statements were prepared in
6accordance with generally accepted accounting principles.
7    (d) For fiscal year 2019 and each fiscal year thereafter,
8audit reports containing financial statements prepared in
9accordance with an other comprehensive basis of accounting may
10follow the best practices and guidelines outlined by the
11American Institute of Certified Public Accountants and shall
12be audited in accordance with generally accepted auditing
13standards. If the corporate authority of a municipality
14submits an audit report containing financial statements
15prepared in accordance with generally accepted accounting
16principles, thereafter all future audit reports shall also
17contain financial statements prepared in accordance with
18generally accepted accounting principles.
19    (e) Audits may be made on financial statements prepared
20using either an accrual or cash basis of accounting, depending
21upon the system followed by the municipality, and audit
22reports shall comply with this Section.
23    (f) This Section only applies to fiscal years ending
24before January 1, 2028.
25(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 

 

 

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1    (65 ILCS 5/8-8-7)  (from Ch. 24, par. 8-8-7)
2    Sec. 8-8-7.
3    (a) When the auditor or auditors have completed the audit,
4not less than 2 copies of a report of the audit shall be made
5and signed by the making such audit, and shall immediately be
6filed with the municipality audited. Each audit report shall
7include the certification of the auditor or auditors making
8the audit that the audit has been performed in compliance with
9generally accepted auditing standards. The municipality shall
10immediately make one copy of the report, or one copy of the
11report authorized by this Division 8 in lieu of an audit
12report, a part of its public records and at all times
13thereafter this copy shall be open to public inspection. In
14addition, the municipality shall file one copy of the report
15with the Comptroller. An audit report which fails to meet the
16requirements of this Act shall be rejected by the Comptroller
17and returned to the municipal authorities for corrective
18action. Nothing in this Section shall be construed as
19preventing a municipality, in filing its audit report with the
20Comptroller, from transmitting with such report any comment or
21explanation that it may desire to make concerning that report.
22The audit report filed with the Comptroller, together with any
23accompanying comment or explanation, shall immediately become
24a part of his public records and shall at all times thereafter
25be open to public inspection. It shall be unlawful for the
26auditor to make any disclosure of the result of any

 

 

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1examination of any public account excepting as he does so
2directly to the corporate authorities of the municipality
3audited.
4    (b) This Section only applies to fiscal years ending
5before January 1, 2028.
6(Source: P.A. 101-419, eff. 1-1-20.)
 
7    (65 ILCS 5/8-8-8)  (from Ch. 24, par. 8-8-8)
8    Sec. 8-8-8. The expenses of the audit and investigation of
9public accounts provided for in Division 8, whether ordered by
10the corporate authorities or the Comptroller, shall be paid by
11the municipality for which the audit is made. Payment shall be
12ordered by the corporate authorities out of the funds of the
13municipality and it shall be the duty of such authorities to
14make provisions for payment. Contracts for the performance of
15audits required by this Division 8 may be entered into without
16competitive bidding. If the audit is made by an auditor or
17auditors retained by the Comptroller, the municipality shall
18pay to the Comptroller reasonable compensation and expenses to
19reimburse him for the cost of making such audit.
20    The corporate authorities of all municipalities coming
21under the provisions of this Division 8 shall have the power to
22annually levy a "Municipal Auditing Tax" upon all of the
23taxable property of the municipalities at the rate on the
24dollar which will produce an amount which will equal a sum
25sufficient to meet the cost of all auditing and reports

 

 

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1thereunder. Such municipal auditing tax shall be held in a
2special fund and used for no other purpose than the payment of
3expenses occasioned by this Division 8.
4    The tax authorized by this Section shall be in addition to
5taxes for general corporate purposes authorized under Section
68-3-1 of this Act.
7    This Section only applies to fiscal years ending before
8January 1, 2028.
9(Source: P.A. 101-419, eff. 1-1-20.)
 
10    (65 ILCS 5/8-8-10)  (from Ch. 24, par. 8-8-10)
11    Sec. 8-8-10. The corporate authorities of a municipality
12may establish an audit committee, and may appoint members of
13the corporate authority or other appropriate officers to the
14committee, to review audit reports prepared under this Act,
15the Government Reporting Enhancement and Transparency Act, and
16any other financial reports and documents, including
17management letters prepared by or on behalf of the
18municipality.
19(Source: P.A. 82-644.)
 
20    (65 ILCS 5/8-8-10.5)
21    Sec. 8-8-10.5. Audit report disclosure. Each fiscal year
22through the fiscal year ending immediately preceding January
231, 2028, within 60 days of the close of an audit under this
24Act, the auditor conducting the audit of all of the funds and

 

 

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1accounts of a municipality shall do each of the following:
2        (1) Provide a copy of any management letter and a copy
3    of any audited financial statements to each member of the
4    municipality's corporate authorities. If the municipality
5    maintains an Internet website, the corporate authorities
6    shall post this information to its website.
7        (2) Present the information from the audit to the
8    municipality's corporate authorities either in person or
9    by a live phone or web connection during a public meeting.
10(Source: P.A. 98-738, eff. 1-1-15.)
 
11    (65 ILCS 5/8-12-15)  (from Ch. 24, par. 8-12-15)
12    Sec. 8-12-15. The financially distressed city shall
13develop, adopt and submit to the Authority, within 45 days
14after this Division first becomes applicable to the city as
15provided in Section 8-12-4, for approval by the Authority, an
16initial Financial Plan with respect to the remaining portion
17of what is the city's current fiscal year at the time this
18Division first becomes applicable to the city as provided in
19Section 8-12-4 and for the 2 succeeding fiscal years. The city
20shall develop and adopt subsequent Financial Plans annually
21and during interim periods as directed by the Authority.
22Interim updates shall be directed only when the Authority in
23its discretion determines that a change in circumstances
24warrants such an update. The Authority shall require that each
25Financial Plan cover a period of at least 3 fiscal years. After

 

 

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1adoption by the city, the city shall submit each plan to the
2Authority for its approval not later than 60 days prior to the
3commencement of the first fiscal year to which the Financial
4Plan relates. The Authority shall approve or reject the
5Financial Plan not later than 30 days prior to the
6commencement of the fiscal year. No Financial Plan shall have
7force or effect without approval of the Authority. Each
8Financial Plan shall be developed, submitted, approved and
9monitored in accordance with the following procedures:
10    (1) The financially distressed city shall determine and
11submit to the Authority, at a time and in a manner prescribed
12by the Authority, estimates of revenues available to the city
13during the period for which the Financial Plan is to be in
14effect. The Authority shall approve, reject or amend the
15revenue estimates. In the event the city fails, for any
16reason, to submit to the Authority estimates of revenue as
17required by this paragraph, the Authority may prepare such
18estimates. The Financial Plan submitted by the city shall be
19based upon revenue estimates approved or prepared by the
20Authority. As soon as practicable following the establishment
21of the Authority, the corporate authorities of the city shall,
22at the request of the Chairperson of the Authority, make
23available to such Chairperson copies of the audited financial
24statements and of the books and records of account of the city
25for the preceding 3 fiscal years of the city.
26    (2) Each Financial Plan for each fiscal year or part

 

 

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1thereof to which it relates, shall contain: (i) a description
2of revenues and expenditures, provision for debt service, cash
3resources and uses, and capital improvements, each in such
4manner and detail as the Authority shall prescribe; (ii) a
5description of the means by which the Budget will be brought
6into balance in accordance with Section 8-12-14; and (iii)
7such other financial matters that the Authority, in its
8discretion, requires. The Authority may prescribe any
9reasonable time, standards, procedures or forms for
10preparation and submission of the Financial Plan.
11    (3) The Authority shall approve the initial and each
12subsequent Financial Plan if, in its judgement, the plan is
13complete, is reasonably capable of being achieved, and meets
14the requirement set forth in Section 8-12-14. Otherwise, the
15Authority shall reject the Financial Plan. The Authority's
16review of the Financial Plan shall be in accordance with
17generally accepted accounting principles and standards. No
18Financial Plan submitted by the financially distressed city
19shall be arbitrarily or capriciously rejected by the
20Authority. Any rejection by the Authority of any Financial
21Plan submitted by the city shall be in writing and shall state
22the reasons for the rejection. In the event of rejection, the
23Authority may prescribe a procedure and standards for revision
24of the Financial Plan by the financially distressed city.
25    (4) The financially distressed city shall report to the
26Authority, at such times and in such manner as the Authority

 

 

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1may direct, concerning the city's compliance with each
2Financial Plan. The Authority may review the city's operation,
3obtain budgetary data and financial statements, require the
4city to produce reports, and have access to any other
5information in the possession of the city that it deems
6relevant to the Financial Plan and the city's compliance with
7that Plan. The Authority may issue recommendations or
8directives within its powers to the city to assure compliance
9with the Financial Plan. The city shall produce such budgetary
10data, financial statements, reports and other information and
11comply with such directives.
12    (5) After approval of each Financial Plan, the financially
13distressed city shall regularly reexamine the revenue and
14expenditure estimates on which it was based and revise them as
15necessary. The city shall promptly notify the Authority of any
16material change in the revenue or expenditure estimates in the
17Financial Plan. The city may submit to the Authority, or the
18Authority may require the city to submit, modified Financial
19Plans based upon revised revenue or expenditure estimates or
20for any other good reason. The Authority shall approve or
21reject each modified Financial Plan pursuant to paragraph (3)
22of this Section.
23(Source: P.A. 86-1211.)
 
24    (65 ILCS 5/11-10-2)  (from Ch. 24, par. 11-10-2)
25    Sec. 11-10-2. (a) A foreign fire insurance board shall be

 

 

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1created by and among the sworn members of the fire department
2of each municipality with fewer than 500,000 inhabitants that
3has an organized fire department. The board shall consist of 7
4trustees; the fire chief, who shall hold office by virtue of
5rank, and 6 members, who shall be elected at large by the sworn
6members of the department. If there is an insufficient number
7of candidates to fill all these positions, the number of board
8members may be reduced, but not to fewer than 3 trustees. All
9sworn members of the department shall be eligible to be
10elected as officers of the foreign fire insurance board. The
11members of this board shall annually elect officers. These
12officers shall be a chairman, a treasurer, and any other
13officers deemed necessary by the board. The members of the
14foreign fire insurance board shall make all needful rules and
15regulations with respect to the foreign fire insurance board
16and the management of the funds to be paid to the board. The
17foreign fire insurance board may establish, manage, and
18maintain an account for the holding and expenditure of all
19funds paid to the board. The foreign fire insurance board may
20contract for the purchase of goods and services using funds
21paid to the board. Contracting for services includes, but is
22not limited to, the procurement and payment of all accounting,
23legal, collection, or other professional services deemed by
24the board to be necessary to the execution of its duties under
25this Division using funds paid to the board. The foreign fire
26insurance board may sue all parties necessary to enforce its

 

 

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1rights under this Section. The officers of the foreign fire
2insurance board shall develop and maintain a listing of those
3items that the board feels are appropriate expenditures under
4this Act. The treasurer of the foreign fire insurance board
5shall receive the funds paid as provided in Section 1 and shall
6pay out the funds upon the order of the foreign fire insurance
7board for the maintenance, use, and benefit of the department
8or as otherwise permitted by this Division. For fiscal years
9ending before January 1, 2028, these These funds shall be
10audited to verify that the funds have been expended by that
11board only for the maintenance, use, and benefit of the
12department using funds paid to the board. Contracting for
13services includes, but is not limited to, the procurement and
14payment of all accounting, legal, collection, or other
15professional services deemed by the board to be necessary to
16the execution of its duties under this Division using funds
17paid to the board.
18    Disputes between a fire chief and the remaining members of
19a foreign fire insurance board concerning whether any
20expenditure of funds by the board is for the maintenance, use,
21or benefit of the department or for any other purpose
22authorized by this Division shall be resolved through binding
23arbitration, pursuant to a written arbitration agreement
24established by the foreign fire insurance board, that is
25recognized under the Uniform Arbitration Act. Arbitrations
26held pursuant to a written arbitration agreement are the

 

 

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1exclusive remedy available for resolving such disputes.
2    (b) As used in this subsection, "active member" means a
3member of the Chicago Fire Department who is not receiving a
4disability pension, retired, or a deferred pensioner of the
5Firemen's Annuity and Benefit Fund of Chicago.
6    A department foreign fire insurance board is created
7within the Chicago Fire Department. The board shall consist of
87 trustees who shall be initially elected on or before January
91, 2019: the fire commissioner, who shall hold office by
10virtue of rank, and 6 elected trustees, who shall be elected at
11large by the sworn members of the department. If there is an
12insufficient number of candidates seeking election to each
13vacant trustee position, the number of board members is
14reduced to 5 trustees, including the fire commissioner of the
15department, until the next election cycle when there are
16enough active members seeking election to fill all 7 member
17seats. All active members are eligible to be elected as
18trustees of the department foreign fire insurance board. Of
19the trustees first elected, 3 trustees shall be elected to a
202-year term and 3 trustees shall be elected to a 3-year term.
21After the initial election, a trustee shall be elected for a
22term of 3 years. If a member of the board resigns, is removed,
23or is unable to continue serving on the board, the vacancy
24shall be filled by special election of the active members or,
25in the case of a vacancy that will exist for fewer than 180
26days until the term expires, by appointment by majority vote

 

 

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1of the members of the board.
2    The members of the board shall annually elect officers.
3These officers shall be a chairman, treasurer, and secretary.
4The trustees of the board shall make rules and regulations
5with respect to the board and the management of the money
6appropriated to the board. The officers of the board shall
7develop and maintain a listing of those items that the board
8believes are appropriate expenditures under this subsection.
9The treasurer of the board shall give a sufficient bond to the
10City of Chicago. The cost of the bond shall be paid out of the
11moneys in the board's fund. The bond shall be conditioned upon
12the faithful performance by the treasurer of his or her duties
13under the rules and regulations provided for in this
14subsection. The treasurer of the board shall receive the
15appropriated proceeds and shall disburse the proceeds upon the
16order of the board for the maintenance, use, and benefit of the
17department consistent with this subsection. As part of the
18annual municipal audit for fiscal years ending before January
191, 2028, these funds shall be audited to verify that the funds
20have been expended lawfully by the board consistent with this
21subsection.
22    Within 30 days after receipt of any foreign fire insurance
23proceeds by the City of Chicago, the City of Chicago shall
24transfer the proceeds to the board by depositing the proceeds
25into an account determined by the board, except that if the
26effective date of this amendatory Act of the 100th General

 

 

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1Assembly is after July 31, 2018, then the City of Chicago
2shall, for budget year 2019 only, transfer only 50% of the
3proceeds to the board. Notwithstanding any other provision of
4law: 50% of the foreign fire insurance proceeds received by
5the board shall be used for the maintenance, use, benefit, or
6enhancement of fire stations or training facilities used by
7the active members of the fire department; 25% of the foreign
8fire insurance proceeds received by the board shall be used
9for the maintenance, use, benefit, or enhancement of emergency
10response vehicles, tools, and equipment used by the active
11members of the department; and 25% of the foreign fire
12insurance proceeds received by the board shall be used for the
13maintenance and enhancement of the department and for the use
14and benefit of the active members of the department in a manner
15otherwise consistent with this subsection. Foreign fire
16insurance proceeds may not be used to purchase, maintain, or
17enhance personal property of a member of the department,
18except for personal property used in the performance of his or
19her duties or training activities.
20    (c) The provisions of this Section shall be the exclusive
21power of the State, pursuant to subsection (h) of Section 6 of
22Article VII of the Constitution.
23(Source: P.A. 102-740, eff. 1-1-23.)
 
24    (65 ILCS 5/11-65-9)  (from Ch. 24, par. 11-65-9)
25    Sec. 11-65-9. Every municipality owning and operating such

 

 

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1a municipal convention hall shall keep books of account for
2the municipal convention hall separate and distinct from other
3municipal accounts and in such manner as to show the true and
4complete financial standing and results of the municipal
5ownership and operation. These accounts shall be so kept as to
6show: (1) the actual cost to the municipality of maintenance,
7extension, and improvement, (2) all operating expenses of
8every description, (3) if water or other service is furnished
9for the use of the municipal convention hall without charge,
10as nearly as possible, the value of that service, and also the
11value of any use or service rendered by the municipal
12convention hall to the municipality without charge, (4)
13reasonable allowances for interest, depreciation, and
14insurance, and (5) estimates of the amount of taxes that would
15be chargeable against the property if owned by a private
16corporation. The corporate authorities shall publish a report
17annually showing the financial results, in the form specified
18in this Section section, of the municipal ownership and
19operation in one or more newspapers published in the
20municipality, or, if no newspaper is published therein, then
21in one or more newspapers with a general circulation within
22the municipality.
23    For fiscal years ending before January 1, 2028, the The
24accounts of the convention hall shall be examined at least
25once a year by a licensed Certified Public Accountant
26permitted to perform audits under the Illinois Public

 

 

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1Accounting Act who shall report to the corporate authorities
2the results of his examination. This accountant shall be
3selected as the corporate authorities may direct, and he shall
4receive for his services such compensation, to be paid out of
5the revenue from the municipal convention hall, as the
6corporate authorities may prescribe.
7(Source: P.A. 94-465, eff. 8-4-05.)
 
8    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
9    Sec. 11-74.4-5. Public hearing; joint review board.
10    (a) The changes made by this amendatory Act of the 91st
11General Assembly do not apply to a municipality that, (i)
12before the effective date of this amendatory Act of the 91st
13General Assembly, has adopted an ordinance or resolution
14fixing a time and place for a public hearing under this Section
15or (ii) before July 1, 1999, has adopted an ordinance or
16resolution providing for a feasibility study under Section
1711-74.4-4.1, but has not yet adopted an ordinance approving
18redevelopment plans and redevelopment projects or designating
19redevelopment project areas under Section 11-74.4-4, until
20after that municipality adopts an ordinance approving
21redevelopment plans and redevelopment projects or designating
22redevelopment project areas under Section 11-74.4-4;
23thereafter the changes made by this amendatory Act of the 91st
24General Assembly apply to the same extent that they apply to
25redevelopment plans and redevelopment projects that were

 

 

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1approved and redevelopment projects that were designated
2before the effective date of this amendatory Act of the 91st
3General Assembly.
4    Prior to the adoption of an ordinance proposing the
5designation of a redevelopment project area, or approving a
6redevelopment plan or redevelopment project, the municipality
7by its corporate authorities, or as it may determine by any
8commission designated under subsection (k) of Section
911-74.4-4 shall adopt an ordinance or resolution fixing a time
10and place for public hearing. At least 10 days prior to the
11adoption of the ordinance or resolution establishing the time
12and place for the public hearing, the municipality shall make
13available for public inspection a redevelopment plan or a
14separate report that provides in reasonable detail the basis
15for the eligibility of the redevelopment project area. The
16report along with the name of a person to contact for further
17information shall be sent within a reasonable time after the
18adoption of such ordinance or resolution to the affected
19taxing districts by certified mail. On and after the effective
20date of this amendatory Act of the 91st General Assembly, the
21municipality shall print in a newspaper of general circulation
22within the municipality a notice that interested persons may
23register with the municipality in order to receive information
24on the proposed designation of a redevelopment project area or
25the approval of a redevelopment plan. The notice shall state
26the place of registration and the operating hours of that

 

 

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1place. The municipality shall have adopted reasonable rules to
2implement this registration process under Section 11-74.4-4.2.
3The municipality shall provide notice of the availability of
4the redevelopment plan and eligibility report, including how
5to obtain this information, by mail within a reasonable time
6after the adoption of the ordinance or resolution, to all
7residential addresses that, after a good faith effort, the
8municipality determines are located outside the proposed
9redevelopment project area and within 750 feet of the
10boundaries of the proposed redevelopment project area. This
11requirement is subject to the limitation that in a
12municipality with a population of over 100,000, if the total
13number of residential addresses outside the proposed
14redevelopment project area and within 750 feet of the
15boundaries of the proposed redevelopment project area exceeds
16750, the municipality shall be required to provide the notice
17to only the 750 residential addresses that, after a good faith
18effort, the municipality determines are outside the proposed
19redevelopment project area and closest to the boundaries of
20the proposed redevelopment project area. Notwithstanding the
21foregoing, notice given after August 7, 2001 (the effective
22date of Public Act 92-263) and before the effective date of
23this amendatory Act of the 92nd General Assembly to
24residential addresses within 750 feet of the boundaries of a
25proposed redevelopment project area shall be deemed to have
26been sufficiently given in compliance with this Act if given

 

 

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1only to residents outside the boundaries of the proposed
2redevelopment project area. The notice shall also be provided
3by the municipality, regardless of its population, to those
4organizations and residents that have registered with the
5municipality for that information in accordance with the
6registration guidelines established by the municipality under
7Section 11-74.4-4.2.
8    At the public hearing any interested person or affected
9taxing district may file with the municipal clerk written
10objections to and may be heard orally in respect to any issues
11embodied in the notice. The municipality shall hear all
12protests and objections at the hearing and the hearing may be
13adjourned to another date without further notice other than a
14motion to be entered upon the minutes fixing the time and place
15of the subsequent hearing. At the public hearing or at any time
16prior to the adoption by the municipality of an ordinance
17approving a redevelopment plan, the municipality may make
18changes in the redevelopment plan. Changes which (1) add
19additional parcels of property to the proposed redevelopment
20project area, (2) substantially affect the general land uses
21proposed in the redevelopment plan, (3) substantially change
22the nature of or extend the life of the redevelopment project,
23or (4) increase the number of inhabited residential units to
24be displaced from the redevelopment project area, as measured
25from the time of creation of the redevelopment project area,
26to a total of more than 10, shall be made only after the

 

 

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1municipality gives notice, convenes a joint review board, and
2conducts a public hearing pursuant to the procedures set forth
3in this Section and in Section 11-74.4-6 of this Act. Changes
4which do not (1) add additional parcels of property to the
5proposed redevelopment project area, (2) substantially affect
6the general land uses proposed in the redevelopment plan, (3)
7substantially change the nature of or extend the life of the
8redevelopment project, or (4) increase the number of inhabited
9residential units to be displaced from the redevelopment
10project area, as measured from the time of creation of the
11redevelopment project area, to a total of more than 10, may be
12made without further hearing, provided that the municipality
13shall give notice of any such changes by mail to each affected
14taxing district and registrant on the interested parties
15registry, provided for under Section 11-74.4-4.2, and by
16publication in a newspaper of general circulation within the
17affected taxing district. Such notice by mail and by
18publication shall each occur not later than 10 days following
19the adoption by ordinance of such changes. Hearings with
20regard to a redevelopment project area, project or plan may be
21held simultaneously.
22    (b) Prior to holding a public hearing to approve or amend a
23redevelopment plan or to designate or add additional parcels
24of property to a redevelopment project area, the municipality
25shall convene a joint review board. The board shall consist of
26a representative selected by each community college district,

 

 

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1local elementary school district and high school district or
2each local community unit school district, park district,
3library district, township, fire protection district, and
4county that will have the authority to directly levy taxes on
5the property within the proposed redevelopment project area at
6the time that the proposed redevelopment project area is
7approved, a representative selected by the municipality and a
8public member. The public member shall first be selected and
9then the board's chairperson shall be selected by a majority
10of the board members present and voting.
11    For redevelopment project areas with redevelopment plans
12or proposed redevelopment plans that would result in the
13displacement of residents from 10 or more inhabited
14residential units or that include 75 or more inhabited
15residential units, the public member shall be a person who
16resides in the redevelopment project area. If, as determined
17by the housing impact study provided for in paragraph (5) of
18subsection (n) of Section 11-74.4-3, or if no housing impact
19study is required then based on other reasonable data, the
20majority of residential units are occupied by very low, low,
21or moderate income households, as defined in Section 3 of the
22Illinois Affordable Housing Act, the public member shall be a
23person who resides in very low, low, or moderate income
24housing within the redevelopment project area. Municipalities
25with fewer than 15,000 residents shall not be required to
26select a person who lives in very low, low, or moderate income

 

 

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1housing within the redevelopment project area, provided that
2the redevelopment plan or project will not result in
3displacement of residents from 10 or more inhabited units, and
4the municipality so certifies in the plan. If no person
5satisfying these requirements is available or if no qualified
6person will serve as the public member, then the joint review
7board is relieved of this paragraph's selection requirements
8for the public member.
9    Within 90 days of the effective date of this amendatory
10Act of the 91st General Assembly, each municipality that
11designated a redevelopment project area for which it was not
12required to convene a joint review board under this Section
13shall convene a joint review board to perform the duties
14specified under paragraph (e) of this Section.
15    All board members shall be appointed and the first board
16meeting shall be held at least 14 days but not more than 28
17days after the mailing of notice by the municipality to the
18taxing districts as required by Section 11-74.4-6(c).
19Notwithstanding the preceding sentence, a municipality that
20adopted either a public hearing resolution or a feasibility
21resolution between July 1, 1999 and July 1, 2000 that called
22for the meeting of the joint review board within 14 days of
23notice of public hearing to affected taxing districts is
24deemed to be in compliance with the notice, meeting, and
25public hearing provisions of the Act. Such notice shall also
26advise the taxing bodies represented on the joint review board

 

 

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1of the time and place of the first meeting of the board.
2Additional meetings of the board shall be held upon the call of
3any member. The municipality seeking designation of the
4redevelopment project area shall provide administrative
5support to the board.
6    The board shall review (i) the public record, planning
7documents and proposed ordinances approving the redevelopment
8plan and project and (ii) proposed amendments to the
9redevelopment plan or additions of parcels of property to the
10redevelopment project area to be adopted by the municipality.
11As part of its deliberations, the board may hold additional
12hearings on the proposal. A board's recommendation shall be an
13advisory, non-binding recommendation. The recommendation shall
14be adopted by a majority of those members present and voting.
15The recommendations shall be submitted to the municipality
16within 30 days after convening of the board. Failure of the
17board to submit its report on a timely basis shall not be cause
18to delay the public hearing or any other step in the process of
19designating or amending the redevelopment project area but
20shall be deemed to constitute approval by the joint review
21board of the matters before it.
22    The board shall base its recommendation to approve or
23disapprove the redevelopment plan and the designation of the
24redevelopment project area or the amendment of the
25redevelopment plan or addition of parcels of property to the
26redevelopment project area on the basis of the redevelopment

 

 

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1project area and redevelopment plan satisfying the plan
2requirements, the eligibility criteria defined in Section
311-74.4-3, and the objectives of this Act.
4    The board shall issue a written report describing why the
5redevelopment plan and project area or the amendment thereof
6meets or fails to meet one or more of the objectives of this
7Act and both the plan requirements and the eligibility
8criteria defined in Section 11-74.4-3. In the event the Board
9does not file a report it shall be presumed that these taxing
10bodies find the redevelopment project area and redevelopment
11plan satisfy the objectives of this Act and the plan
12requirements and eligibility criteria.
13    If the board recommends rejection of the matters before
14it, the municipality will have 30 days within which to
15resubmit the plan or amendment. During this period, the
16municipality will meet and confer with the board and attempt
17to resolve those issues set forth in the board's written
18report that led to the rejection of the plan or amendment.
19    Notwithstanding the resubmission set forth above, the
20municipality may commence the scheduled public hearing and
21either adjourn the public hearing or continue the public
22hearing until a date certain. Prior to continuing any public
23hearing to a date certain, the municipality shall announce
24during the public hearing the time, date, and location for the
25reconvening of the public hearing. Any changes to the
26redevelopment plan necessary to satisfy the issues set forth

 

 

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1in the joint review board report shall be the subject of a
2public hearing before the hearing is adjourned if the changes
3would (1) substantially affect the general land uses proposed
4in the redevelopment plan, (2) substantially change the nature
5of or extend the life of the redevelopment project, or (3)
6increase the number of inhabited residential units to be
7displaced from the redevelopment project area, as measured
8from the time of creation of the redevelopment project area,
9to a total of more than 10. Changes to the redevelopment plan
10necessary to satisfy the issues set forth in the joint review
11board report shall not require any further notice or convening
12of a joint review board meeting, except that any changes to the
13redevelopment plan that would add additional parcels of
14property to the proposed redevelopment project area shall be
15subject to the notice, public hearing, and joint review board
16meeting requirements established for such changes by
17subsection (a) of Section 11-74.4-5.
18    In the event that the municipality and the board are
19unable to resolve these differences, or in the event that the
20resubmitted plan or amendment is rejected by the board, the
21municipality may proceed with the plan or amendment, but only
22upon a three-fifths vote of the corporate authority
23responsible for approval of the plan or amendment, excluding
24positions of members that are vacant and those members that
25are ineligible to vote because of conflicts of interest.
26    (c) After a municipality has by ordinance approved a

 

 

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1redevelopment plan and designated a redevelopment project
2area, the plan may be amended and additional properties may be
3added to the redevelopment project area only as herein
4provided. Amendments which (1) add additional parcels of
5property to the proposed redevelopment project area, (2)
6substantially affect the general land uses proposed in the
7redevelopment plan, (3) substantially change the nature of the
8redevelopment project, (4) increase the total estimated
9redevelopment project costs set out in the redevelopment plan
10by more than 5% after adjustment for inflation from the date
11the plan was adopted, (5) add additional redevelopment project
12costs to the itemized list of redevelopment project costs set
13out in the redevelopment plan, or (6) increase the number of
14inhabited residential units to be displaced from the
15redevelopment project area, as measured from the time of
16creation of the redevelopment project area, to a total of more
17than 10, shall be made only after the municipality gives
18notice, convenes a joint review board, and conducts a public
19hearing pursuant to the procedures set forth in this Section
20and in Section 11-74.4-6 of this Act. Changes which do not (1)
21add additional parcels of property to the proposed
22redevelopment project area, (2) substantially affect the
23general land uses proposed in the redevelopment plan, (3)
24substantially change the nature of the redevelopment project,
25(4) increase the total estimated redevelopment project cost
26set out in the redevelopment plan by more than 5% after

 

 

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1adjustment for inflation from the date the plan was adopted,
2(5) add additional redevelopment project costs to the itemized
3list of redevelopment project costs set out in the
4redevelopment plan, or (6) increase the number of inhabited
5residential units to be displaced from the redevelopment
6project area, as measured from the time of creation of the
7redevelopment project area, to a total of more than 10, may be
8made without further public hearing and related notices and
9procedures including the convening of a joint review board as
10set forth in Section 11-74.4-6 of this Act, provided that the
11municipality shall give notice of any such changes by mail to
12each affected taxing district and registrant on the interested
13parties registry, provided for under Section 11-74.4-4.2, and
14by publication in a newspaper of general circulation within
15the affected taxing district. Such notice by mail and by
16publication shall each occur not later than 10 days following
17the adoption by ordinance of such changes.
18    (d) After the effective date of this amendatory Act of the
1991st General Assembly, for fiscal years ending before January
201, 2028, a municipality shall submit in an electronic format
21the following information for each redevelopment project area
22(i) to the State Comptroller under Section 8-8-3.5 of the
23Illinois Municipal Code, subject to any extensions or
24exemptions provided at the Comptroller's discretion under that
25Section, and (ii) to all taxing districts overlapping the
26redevelopment project area no later than 180 days after the

 

 

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1close of each municipal fiscal year or as soon thereafter as
2the audited financial statements become available and, in any
3case, shall be submitted before the annual meeting of the
4Joint Review Board to each of the taxing districts that
5overlap the redevelopment project area:
6        (1) Any amendments to the redevelopment plan, the
7    redevelopment project area, or the State Sales Tax
8    Boundary.
9        (1.5) A list of the redevelopment project areas
10    administered by the municipality and, if applicable, the
11    date each redevelopment project area was designated or
12    terminated by the municipality.
13        (2) Audited financial statements of the special tax
14    allocation fund once a cumulative total of $100,000 has
15    been deposited in the fund for fiscal years ending before
16    January 1, 2028.
17        (3) Certification of the Chief Executive Officer of
18    the municipality that the municipality has complied with
19    all of the requirements of this Act during the preceding
20    fiscal year.
21        (4) An opinion of legal counsel that the municipality
22    is in compliance with this Act.
23        (5) An analysis of the special tax allocation fund
24    which sets forth:
25            (A) the balance in the special tax allocation fund
26        at the beginning of the fiscal year;

 

 

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1            (B) all amounts deposited in the special tax
2        allocation fund by source;
3            (C) an itemized list of all expenditures from the
4        special tax allocation fund by category of permissible
5        redevelopment project cost; and
6            (D) the balance in the special tax allocation fund
7        at the end of the fiscal year including a breakdown of
8        that balance by source and a breakdown of that balance
9        identifying any portion of the balance that is
10        required, pledged, earmarked, or otherwise designated
11        for payment of or securing of obligations and
12        anticipated redevelopment project costs. Any portion
13        of such ending balance that has not been identified or
14        is not identified as being required, pledged,
15        earmarked, or otherwise designated for payment of or
16        securing of obligations or anticipated redevelopment
17        projects costs shall be designated as surplus as set
18        forth in Section 11-74.4-7 hereof.
19        (6) A description of all property purchased by the
20    municipality within the redevelopment project area
21    including:
22            (A) Street address.
23            (B) Approximate size or description of property.
24            (C) Purchase price.
25            (D) Seller of property.
26        (7) A statement setting forth all activities

 

 

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1    undertaken in furtherance of the objectives of the
2    redevelopment plan, including:
3            (A) Any project implemented in the preceding
4        fiscal year.
5            (B) A description of the redevelopment activities
6        undertaken.
7            (C) A description of any agreements entered into
8        by the municipality with regard to the disposition or
9        redevelopment of any property within the redevelopment
10        project area or the area within the State Sales Tax
11        Boundary.
12            (D) Additional information on the use of all funds
13        received under this Division and steps taken by the
14        municipality to achieve the objectives of the
15        redevelopment plan.
16            (E) Information regarding contracts that the
17        municipality's tax increment advisors or consultants
18        have entered into with entities or persons that have
19        received, or are receiving, payments financed by tax
20        increment revenues produced by the same redevelopment
21        project area.
22            (F) Any reports submitted to the municipality by
23        the joint review board.
24            (G) A review of public and, to the extent
25        possible, private investment actually undertaken to
26        date after the effective date of this amendatory Act

 

 

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1        of the 91st General Assembly and estimated to be
2        undertaken during the following year. This review
3        shall, on a project-by-project basis, set forth the
4        estimated amounts of public and private investment
5        incurred after the effective date of this amendatory
6        Act of the 91st General Assembly and provide the ratio
7        of private investment to public investment to the date
8        of the report and as estimated to the completion of the
9        redevelopment project.
10        (8) With regard to any obligations issued by the
11    municipality:
12            (A) copies of any official statements; and
13            (B) an analysis prepared by financial advisor or
14        underwriter, chosen by the municipality, setting forth
15        the: (i) nature and term of obligation; (ii) projected
16        debt service including required reserves and debt
17        coverage; and (iii) actual debt service.
18        (9) For special tax allocation funds that have
19    experienced cumulative deposits of incremental tax
20    revenues of $100,000 or more, a certified audit report
21    reviewing compliance with this Act performed by an
22    independent public accountant certified and licensed by
23    the authority of the State of Illinois. The financial
24    portion of the audit must be conducted in accordance with
25    Standards for Audits of Governmental Organizations,
26    Programs, Activities, and Functions adopted by the

 

 

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1    Comptroller General of the United States (1981), as
2    amended, or the standards specified by Section 8-8-5 of
3    the Illinois Municipal Auditing Law of the Illinois
4    Municipal Code. The audit report shall contain a letter
5    from the independent certified public accountant
6    indicating compliance or noncompliance with the
7    requirements of subsection (q) of Section 11-74.4-3. For
8    redevelopment plans or projects that would result in the
9    displacement of residents from 10 or more inhabited
10    residential units or that contain 75 or more inhabited
11    residential units, notice of the availability of the
12    information, including how to obtain the report, required
13    in this subsection shall also be sent by mail to all
14    residents or organizations that operate in the
15    municipality that register with the municipality for that
16    information according to registration procedures adopted
17    under Section 11-74.4-4.2. All municipalities are subject
18    to this provision.
19        (10) A list of all intergovernmental agreements in
20    effect during the fiscal year to which the municipality is
21    a party and an accounting of any moneys transferred or
22    received by the municipality during that fiscal year
23    pursuant to those intergovernmental agreements.
24    In addition to information required to be reported under
25this Section, for Fiscal Year 2022 and each fiscal year
26thereafter, reporting municipalities shall also report to the

 

 

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1Comptroller annually in a manner and format prescribed by the
2Comptroller: (1) the number of jobs, if any, projected to be
3created for each redevelopment project area at the time of
4approval of the redevelopment agreement; (2) the number of
5jobs, if any, created as a result of the development to date
6for that reporting period under the same guidelines and
7assumptions as was used for the projections used at the time of
8approval of the redevelopment agreement; (3) the amount of
9increment projected to be created at the time of approval of
10the redevelopment agreement for each redevelopment project
11area; (4) the amount of increment created as a result of the
12development to date for that reporting period using the same
13assumptions as was used for the projections used at the time of
14the approval of the redevelopment agreement; and (5) the
15stated rate of return identified by the developer to the
16municipality for each redevelopment project area, if any.
17Stated rates of return required to be reported in item (5)
18shall be independently verified by a third party chosen by the
19municipality. Reporting municipalities shall also report to
20the Comptroller a copy of the redevelopment plan each time the
21redevelopment plan is enacted, amended, or extended in a
22manner and format prescribed by the Comptroller. These
23requirements shall only apply to redevelopment projects
24beginning in or after Fiscal Year 2022.
25    (d-1) Prior to the effective date of this amendatory Act
26of the 91st General Assembly, municipalities with populations

 

 

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1of over 1,000,000 shall, after adoption of a redevelopment
2plan or project, make available upon request to any taxing
3district in which the redevelopment project area is located
4the following information:
5        (1) Any amendments to the redevelopment plan, the
6    redevelopment project area, or the State Sales Tax
7    Boundary; and
8        (2) In connection with any redevelopment project area
9    for which the municipality has outstanding obligations
10    issued to provide for redevelopment project costs pursuant
11    to Section 11-74.4-7, for fiscal years ending before
12    January 1, 2028, audited financial statements of the
13    special tax allocation fund.
14    (e) The joint review board shall meet annually 180 days
15after the close of the municipal fiscal year, or, for fiscal
16years ending before January 1, 2028, year or as soon as the
17redevelopment project audit for that fiscal year becomes
18available to review the effectiveness and status of the
19redevelopment project area up to that date.
20    (f) (Blank).
21    (g) In the event that a municipality has held a public
22hearing under this Section prior to March 14, 1994 (the
23effective date of Public Act 88-537), the requirements imposed
24by Public Act 88-537 relating to the method of fixing the time
25and place for public hearing, the materials and information
26required to be made available for public inspection, and the

 

 

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1information required to be sent after adoption of an ordinance
2or resolution fixing a time and place for public hearing shall
3not be applicable.
4    (h) On and after the effective date of this amendatory Act
5of the 96th General Assembly, the State Comptroller must post
6on the State Comptroller's official website the information
7submitted by a municipality pursuant to subsection (d) of this
8Section. The information must be posted no later than 45 days
9after the State Comptroller receives the information from the
10municipality. The State Comptroller must also post a list of
11the municipalities not in compliance with the reporting
12requirements set forth in subsection (d) of this Section.
13    (i) No later than 10 years after the corporate authorities
14of a municipality adopt an ordinance to establish a
15redevelopment project area, the municipality must compile a
16status report concerning the redevelopment project area. The
17status report must detail without limitation the following:
18(i) the amount of revenue generated within the redevelopment
19project area, (ii) any expenditures made by the municipality
20for the redevelopment project area including without
21limitation expenditures from the special tax allocation fund,
22(iii) the status of planned activities, goals, and objectives
23set forth in the redevelopment plan including details on new
24or planned construction within the redevelopment project area,
25(iv) the amount of private and public investment within the
26redevelopment project area, and (v) any other relevant

 

 

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1evaluation or performance data. Within 30 days after the
2municipality compiles the status report, the municipality must
3hold at least one public hearing concerning the report. The
4municipality must provide 20 days' public notice of the
5hearing.
6    (j) Beginning in fiscal year 2011 and in each fiscal year
7thereafter, a municipality must detail in its annual budget
8(i) the revenues generated from redevelopment project areas by
9source and (ii) the expenditures made by the municipality for
10redevelopment project areas.
11(Source: P.A. 102-127, eff. 7-23-21.)
 
12    (65 ILCS 5/11-74.4-8a)  (from Ch. 24, par. 11-74.4-8a)
13    Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
14which has adopted tax increment allocation financing prior to
15January 1, 1987, may by ordinance (1) authorize the Department
16of Revenue, subject to appropriation, to annually certify and
17cause to be paid from the Illinois Tax Increment Fund to such
18municipality for deposit in the municipality's special tax
19allocation fund an amount equal to the Net State Sales Tax
20Increment and (2) authorize the Department of Revenue to
21annually notify the municipality of the amount of the
22Municipal Sales Tax Increment which shall be deposited by the
23municipality in the municipality's special tax allocation
24fund. Provided that for purposes of this Section no amendments
25adding additional area to the redevelopment project area which

 

 

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1has been certified as the State Sales Tax Boundary shall be
2taken into account if such amendments are adopted by the
3municipality after January 1, 1987. If an amendment is adopted
4which decreases the area of a State Sales Tax Boundary, the
5municipality shall update the list required by subsection
6(3)(a) of this Section. The Retailers' Occupation Tax
7liability, Use Tax liability, Service Occupation Tax liability
8and Service Use Tax liability for retailers and servicemen
9located within the disconnected area shall be excluded from
10the base from which tax increments are calculated and the
11revenue from any such retailer or serviceman shall not be
12included in calculating incremental revenue payable to the
13municipality. A municipality adopting an ordinance under this
14subsection (1) of this Section for a redevelopment project
15area which is certified as a State Sales Tax Boundary shall not
16be entitled to payments of State taxes authorized under
17subsection (2) of this Section for the same redevelopment
18project area. Nothing herein shall be construed to prevent a
19municipality from receiving payment of State taxes authorized
20under subsection (2) of this Section for a separate
21redevelopment project area that does not overlap in any way
22with the State Sales Tax Boundary receiving payments of State
23taxes pursuant to subsection (1) of this Section.
24    A certified copy of such ordinance shall be submitted by
25the municipality to the Department of Commerce and Economic
26Opportunity and the Department of Revenue not later than 30

 

 

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1days after the effective date of the ordinance. Upon
2submission of the ordinances, and the information required
3pursuant to subsection 3 of this Section, the Department of
4Revenue shall promptly determine the amount of such taxes paid
5under the Retailers' Occupation Tax Act, Use Tax Act, Service
6Use Tax Act, the Service Occupation Tax Act, the Municipal
7Retailers' Occupation Tax Act and the Municipal Service
8Occupation Tax Act by retailers and servicemen on transactions
9at places located in the redevelopment project area during the
10base year, and shall certify all the foregoing "initial sales
11tax amounts" to the municipality within 60 days of submission
12of the list required of subsection (3)(a) of this Section.
13    If a retailer or serviceman with a place of business
14located within a redevelopment project area also has one or
15more other places of business within the municipality but
16outside the redevelopment project area, the retailer or
17serviceman shall, upon request of the Department of Revenue,
18certify to the Department of Revenue the amount of taxes paid
19pursuant to the Retailers' Occupation Tax Act, the Municipal
20Retailers' Occupation Tax Act, the Service Occupation Tax Act
21and the Municipal Service Occupation Tax Act at each place of
22business which is located within the redevelopment project
23area in the manner and for the periods of time requested by the
24Department of Revenue.
25    When the municipality determines that a portion of an
26increase in the aggregate amount of taxes paid by retailers

 

 

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1and servicemen under the Retailers' Occupation Tax Act, Use
2Tax Act, Service Use Tax Act, or the Service Occupation Tax Act
3is the result of a retailer or serviceman initiating retail or
4service operations in the redevelopment project area by such
5retailer or serviceman with a resulting termination of retail
6or service operations by such retailer or serviceman at
7another location in Illinois in the standard metropolitan
8statistical area of such municipality, the Department of
9Revenue shall be notified that the retailers occupation tax
10liability, use tax liability, service occupation tax
11liability, or service use tax liability from such retailer's
12or serviceman's terminated operation shall be included in the
13base Initial Sales Tax Amounts from which the State Sales Tax
14Increment is calculated for purposes of State payments to the
15affected municipality; provided, however, for purposes of this
16paragraph "termination" shall mean a closing of a retail or
17service operation which is directly related to the opening of
18the same retail or service operation in a redevelopment
19project area which is included within a State Sales Tax
20Boundary, but it shall not include retail or service
21operations closed for reasons beyond the control of the
22retailer or serviceman, as determined by the Department.
23    If the municipality makes the determination referred to in
24the prior paragraph and notifies the Department and if the
25relocation is from a location within the municipality, the
26Department, at the request of the municipality, shall adjust

 

 

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1the certified aggregate amount of taxes that constitute the
2Municipal Sales Tax Increment paid by retailers and servicemen
3on transactions at places of business located within the State
4Sales Tax Boundary during the base year using the same
5procedures as are employed to make the adjustment referred to
6in the prior paragraph. The adjusted Municipal Sales Tax
7Increment calculated by the Department shall be sufficient to
8satisfy the requirements of subsection (1) of this Section.
9    When a municipality which has adopted tax increment
10allocation financing in 1986 determines that a portion of the
11aggregate amount of taxes paid by retailers and servicemen
12under the Retailers Occupation Tax Act, Use Tax Act, Service
13Use Tax Act, or Service Occupation Tax Act, the Municipal
14Retailers' Occupation Tax Act and the Municipal Service
15Occupation Tax Act, includes revenue of a retailer or
16serviceman which terminated retailer or service operations in
171986, prior to the adoption of tax increment allocation
18financing, the Department of Revenue shall be notified by such
19municipality that the retailers' occupation tax liability, use
20tax liability, service occupation tax liability or service use
21tax liability, from such retailer's or serviceman's terminated
22operations shall be excluded from the Initial Sales Tax
23Amounts for such taxes. The revenue from any such retailer or
24serviceman which is excluded from the base year under this
25paragraph, shall not be included in calculating incremental
26revenues if such retailer or serviceman reestablishes such

 

 

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1business in the redevelopment project area.
2    For State fiscal year 1992, the Department of Revenue
3shall budget, and the Illinois General Assembly shall
4appropriate from the Illinois Tax Increment Fund in the State
5treasury, an amount not to exceed $18,000,000 to pay to each
6eligible municipality the Net State Sales Tax Increment to
7which such municipality is entitled.
8    Beginning on January 1, 1993, each municipality's
9proportional share of the Illinois Tax Increment Fund shall be
10determined by adding the annual Net State Sales Tax Increment
11and the annual Net Utility Tax Increment to determine the
12Annual Total Increment. The ratio of the Annual Total
13Increment of each municipality to the Annual Total Increment
14for all municipalities, as most recently calculated by the
15Department, shall determine the proportional shares of the
16Illinois Tax Increment Fund to be distributed to each
17municipality.
18    Beginning in October, 1993, and each January, April, July
19and October thereafter, the Department of Revenue shall
20certify to the Treasurer and the Comptroller the amounts
21payable quarter annually during the fiscal year to each
22municipality under this Section. The Comptroller shall
23promptly then draw warrants, ordering the State Treasurer to
24pay such amounts from the Illinois Tax Increment Fund in the
25State treasury.
26    The Department of Revenue shall utilize the same periods

 

 

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1established for determining State Sales Tax Increment to
2determine the Municipal Sales Tax Increment for the area
3within a State Sales Tax Boundary and certify such amounts to
4such municipal treasurer who shall transfer such amounts to
5the special tax allocation fund.
6    The provisions of this subsection (1) do not apply to
7additional municipal retailers' occupation or service
8occupation taxes imposed by municipalities using their home
9rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4
10and 8-11-1.5 of this Act. A municipality shall not receive
11from the State any share of the Illinois Tax Increment Fund
12unless such municipality deposits all its Municipal Sales Tax
13Increment and the local incremental real property tax
14revenues, as provided herein, into the appropriate special tax
15allocation fund. If, however, a municipality has extended the
16estimated dates of completion of the redevelopment project and
17retirement of obligations to finance redevelopment project
18costs by municipal ordinance to December 31, 2013 under
19subsection (n) of Section 11-74.4-3, then that municipality
20shall continue to receive from the State a share of the
21Illinois Tax Increment Fund so long as the municipality
22deposits, from any funds available, excluding funds in the
23special tax allocation fund, an amount equal to the municipal
24share of the real property tax increment revenues into the
25special tax allocation fund during the extension period. The
26amount to be deposited by the municipality in each of the tax

 

 

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1years affected by the extension to December 31, 2013 shall be
2equal to the municipal share of the property tax increment
3deposited into the special tax allocation fund by the
4municipality for the most recent year that the property tax
5increment was distributed. A municipality located within an
6economic development project area created under the County
7Economic Development Project Area Property Tax Allocation Act
8which has abated any portion of its property taxes which
9otherwise would have been deposited in its special tax
10allocation fund shall not receive from the State the Net Sales
11Tax Increment.
12    (2) A municipality which has adopted tax increment
13allocation financing with regard to an industrial park or
14industrial park conservation area, prior to January 1, 1988,
15may by ordinance authorize the Department of Revenue to
16annually certify and pay from the Illinois Tax Increment Fund
17to such municipality for deposit in the municipality's special
18tax allocation fund an amount equal to the Net State Utility
19Tax Increment. Provided that for purposes of this Section no
20amendments adding additional area to the redevelopment project
21area shall be taken into account if such amendments are
22adopted by the municipality after January 1, 1988.
23Municipalities adopting an ordinance under this subsection (2)
24of this Section for a redevelopment project area shall not be
25entitled to payment of State taxes authorized under subsection
26(1) of this Section for the same redevelopment project area

 

 

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1which is within a State Sales Tax Boundary. Nothing herein
2shall be construed to prevent a municipality from receiving
3payment of State taxes authorized under subsection (1) of this
4Section for a separate redevelopment project area within a
5State Sales Tax Boundary that does not overlap in any way with
6the redevelopment project area receiving payments of State
7taxes pursuant to subsection (2) of this Section.
8    A certified copy of such ordinance shall be submitted to
9the Department of Commerce and Economic Opportunity and the
10Department of Revenue not later than 30 days after the
11effective date of the ordinance.
12    When a municipality determines that a portion of an
13increase in the aggregate amount of taxes paid by industrial
14or commercial facilities under the Public Utilities Act, is
15the result of an industrial or commercial facility initiating
16operations in the redevelopment project area with a resulting
17termination of such operations by such industrial or
18commercial facility at another location in Illinois, the
19Department of Revenue shall be notified by such municipality
20that such industrial or commercial facility's liability under
21the Public Utility Tax Act shall be included in the base from
22which tax increments are calculated for purposes of State
23payments to the affected municipality.
24    After receipt of the calculations by the public utility as
25required by subsection (4) of this Section, the Department of
26Revenue shall annually budget and the Illinois General

 

 

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1Assembly shall annually appropriate from the General Revenue
2Fund through State Fiscal Year 1989, and thereafter from the
3Illinois Tax Increment Fund, an amount sufficient to pay to
4each eligible municipality the amount of incremental revenue
5attributable to State electric and gas taxes as reflected by
6the charges imposed on persons in the project area to which
7such municipality is entitled by comparing the preceding
8calendar year with the base year as determined by this
9Section. Beginning on January 1, 1993, each municipality's
10proportional share of the Illinois Tax Increment Fund shall be
11determined by adding the annual Net State Utility Tax
12Increment and the annual Net Utility Tax Increment to
13determine the Annual Total Increment. The ratio of the Annual
14Total Increment of each municipality to the Annual Total
15Increment for all municipalities, as most recently calculated
16by the Department, shall determine the proportional shares of
17the Illinois Tax Increment Fund to be distributed to each
18municipality.
19    A municipality shall not receive any share of the Illinois
20Tax Increment Fund from the State unless such municipality
21imposes the maximum municipal charges authorized pursuant to
22Section 9-221 of the Public Utilities Act and deposits all
23municipal utility tax incremental revenues as certified by the
24public utilities, and all local real estate tax increments
25into such municipality's special tax allocation fund.
26    (3) Within 30 days after the adoption of the ordinance

 

 

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1required by either subsection (1) or subsection (2) of this
2Section, the municipality shall transmit to the Department of
3Commerce and Economic Opportunity and the Department of
4Revenue the following:
5        (a) if applicable, a certified copy of the ordinance
6    required by subsection (1) accompanied by a complete list
7    of street names and the range of street numbers of each
8    street located within the redevelopment project area for
9    which payments are to be made under this Section in both
10    the base year and in the year preceding the payment year;
11    and the addresses of persons registered with the
12    Department of Revenue; and, the name under which each such
13    retailer or serviceman conducts business at that address,
14    if different from the corporate name; and the Illinois
15    Business Tax Number of each such person (The municipality
16    shall update this list in the event of a revision of the
17    redevelopment project area, or the opening or closing or
18    name change of any street or part thereof in the
19    redevelopment project area, or if the Department of
20    Revenue informs the municipality of an addition or
21    deletion pursuant to the monthly updates given by the
22    Department.);
23        (b) if applicable, a certified copy of the ordinance
24    required by subsection (2) accompanied by a complete list
25    of street names and range of street numbers of each street
26    located within the redevelopment project area, the utility

 

 

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1    customers in the project area, and the utilities serving
2    the redevelopment project areas;
3        (c) certified copies of the ordinances approving the
4    redevelopment plan and designating the redevelopment
5    project area;
6        (d) a copy of the redevelopment plan as approved by
7    the municipality;
8        (e) an opinion of legal counsel that the municipality
9    had complied with the requirements of this Act; and
10        (f) a certification by the chief executive officer of
11    the municipality that with regard to a redevelopment
12    project area: (1) the municipality has committed all of
13    the municipal tax increment created pursuant to this Act
14    for deposit in the special tax allocation fund, (2) the
15    redevelopment projects described in the redevelopment plan
16    would not be completed without the use of State
17    incremental revenues pursuant to this Act, (3) the
18    municipality will pursue the implementation of the
19    redevelopment plan in an expeditious manner, (4) the
20    incremental revenues created pursuant to this Section will
21    be exclusively utilized for the development of the
22    redevelopment project area, and (5) the increased revenue
23    created pursuant to this Section shall be used exclusively
24    to pay redevelopment project costs as defined in this Act.
25    (4) The Department of Revenue upon receipt of the
26information set forth in paragraph (b) of subsection (3) shall

 

 

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1immediately forward such information to each public utility
2furnishing natural gas or electricity to buildings within the
3redevelopment project area. Upon receipt of such information,
4each public utility shall promptly:
5        (a) provide to the Department of Revenue and the
6    municipality separate lists of the names and addresses of
7    persons within the redevelopment project area receiving
8    natural gas or electricity from such public utility. Such
9    list shall be updated as necessary by the public utility.
10    Each month thereafter the public utility shall furnish the
11    Department of Revenue and the municipality with an
12    itemized listing of charges imposed pursuant to Sections
13    9-221 and 9-222 of the Public Utilities Act on persons
14    within the redevelopment project area.
15        (b) determine the amount of charges imposed pursuant
16    to Sections 9-221 and 9-222 of the Public Utilities Act on
17    persons in the redevelopment project area during the base
18    year, both as a result of municipal taxes on electricity
19    and gas and as a result of State taxes on electricity and
20    gas and certify such amounts both to the municipality and
21    the Department of Revenue; and
22        (c) determine the amount of charges imposed pursuant
23    to Sections 9-221 and 9-222 of the Public Utilities Act on
24    persons in the redevelopment project area on a monthly
25    basis during the base year, both as a result of State and
26    municipal taxes on electricity and gas and certify such

 

 

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1    separate amounts both to the municipality and the
2    Department of Revenue.
3    After the determinations are made in paragraphs (b) and
4(c), the public utility shall monthly during the existence of
5the redevelopment project area notify the Department of
6Revenue and the municipality of any increase in charges over
7the base year determinations made pursuant to paragraphs (b)
8and (c).
9    (5) The payments authorized under this Section shall be
10deposited by the municipal treasurer in the special tax
11allocation fund of the municipality, which for accounting
12purposes shall identify the sources of each payment as:
13municipal receipts from the State retailers occupation,
14service occupation, use and service use taxes; and municipal
15public utility taxes charged to customers under the Public
16Utilities Act and State public utility taxes charged to
17customers under the Public Utilities Act.
18    (6) Before the effective date of this amendatory Act of
19the 91st General Assembly, any municipality receiving payments
20authorized under this Section for any redevelopment project
21area or area within a State Sales Tax Boundary within the
22municipality shall submit to the Department of Revenue and to
23the taxing districts which are sent the notice required by
24Section 6 of this Act annually within 180 days after the close
25of each municipal fiscal year the following information for
26the immediately preceding fiscal year:

 

 

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1        (a) Any amendments to the redevelopment plan, the
2    redevelopment project area, or the State Sales Tax
3    Boundary.
4        (b) Audited financial statements of the special tax
5    allocation fund for fiscal years ending before January 1,
6    2028.
7        (c) Certification of the Chief Executive Officer of
8    the municipality that the municipality has complied with
9    all of the requirements of this Act during the preceding
10    fiscal year.
11        (d) An opinion of legal counsel that the municipality
12    is in compliance with this Act.
13        (e) An analysis of the special tax allocation fund
14    which sets forth:
15            (1) the balance in the special tax allocation fund
16        at the beginning of the fiscal year;
17            (2) all amounts deposited in the special tax
18        allocation fund by source;
19            (3) all expenditures from the special tax
20        allocation fund by category of permissible
21        redevelopment project cost; and
22            (4) the balance in the special tax allocation fund
23        at the end of the fiscal year including a breakdown of
24        that balance by source. Such ending balance shall be
25        designated as surplus if it is not required for
26        anticipated redevelopment project costs or to pay debt

 

 

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1        service on bonds issued to finance redevelopment
2        project costs, as set forth in Section 11-74.4-7
3        hereof.
4        (f) A description of all property purchased by the
5    municipality within the redevelopment project area
6    including:
7            1. Street address
8            2. Approximate size or description of property
9            3. Purchase price
10            4. Seller of property.
11        (g) A statement setting forth all activities
12    undertaken in furtherance of the objectives of the
13    redevelopment plan, including:
14            1. Any project implemented in the preceding fiscal
15        year
16            2. A description of the redevelopment activities
17        undertaken
18            3. A description of any agreements entered into by
19        the municipality with regard to the disposition or
20        redevelopment of any property within the redevelopment
21        project area or the area within the State Sales Tax
22        Boundary.
23        (h) With regard to any obligations issued by the
24    municipality:
25            1. copies of bond ordinances or resolutions
26            2. copies of any official statements

 

 

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1            3. an analysis prepared by financial advisor or
2        underwriter setting forth: (a) nature and term of
3        obligation; and (b) projected debt service including
4        required reserves and debt coverage.
5        (i) For fiscal years ending before January 1, 2028, a
6    A certified audit report reviewing compliance with this
7    statute performed by an independent public accountant
8    certified and licensed by the authority of the State of
9    Illinois. The financial portion of the audit must be
10    conducted in accordance with Standards for Audits of
11    Governmental Organizations, Programs, Activities, and
12    Functions adopted by the Comptroller General of the United
13    States (1981), as amended. The audit report shall contain
14    a letter from the independent certified public accountant
15    indicating compliance or noncompliance with the
16    requirements of subsection (q) of Section 11-74.4-3. If
17    the audit indicates that expenditures are not in
18    compliance with the law, the Department of Revenue shall
19    withhold State sales and utility tax increment payments to
20    the municipality until compliance has been reached, and an
21    amount equal to the ineligible expenditures has been
22    returned to the Special Tax Allocation Fund.
23    (6.1) After July 29, 1988 and before the effective date of
24this amendatory Act of the 91st General Assembly, any funds
25which have not been designated for use in a specific
26development project in the annual report shall be designated

 

 

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1as surplus. No funds may be held in the Special Tax Allocation
2Fund for more than 36 months from the date of receipt unless
3the money is required for payment of contractual obligations
4for specific development project costs. If held for more than
536 months in violation of the preceding sentence, such funds
6shall be designated as surplus. Any funds designated as
7surplus must first be used for early redemption of any bond
8obligations. Any funds designated as surplus which are not
9disposed of as otherwise provided in this paragraph, shall be
10distributed as surplus as provided in Section 11-74.4-7.
11    (7) Any appropriation made pursuant to this Section for
12the 1987 State fiscal year shall not exceed the amount of $7
13million and for the 1988 State fiscal year the amount of $10
14million. The amount which shall be distributed to each
15municipality shall be the incremental revenue to which each
16municipality is entitled as calculated by the Department of
17Revenue, unless the requests of the municipality exceed the
18appropriation, then the amount to which each municipality
19shall be entitled shall be prorated among the municipalities
20in the same proportion as the increment to which the
21municipality would be entitled bears to the total increment
22which all municipalities would receive in the absence of this
23limitation, provided that no municipality may receive an
24amount in excess of 15% of the appropriation. For the 1987 Net
25State Sales Tax Increment payable in Fiscal Year 1989, no
26municipality shall receive more than 7.5% of the total

 

 

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1appropriation; provided, however, that any of the
2appropriation remaining after such distribution shall be
3prorated among municipalities on the basis of their pro rata
4share of the total increment. Beginning on January 1, 1993,
5each municipality's proportional share of the Illinois Tax
6Increment Fund shall be determined by adding the annual Net
7State Sales Tax Increment and the annual Net Utility Tax
8Increment to determine the Annual Total Increment. The ratio
9of the Annual Total Increment of each municipality to the
10Annual Total Increment for all municipalities, as most
11recently calculated by the Department, shall determine the
12proportional shares of the Illinois Tax Increment Fund to be
13distributed to each municipality.
14    (7.1) No distribution of Net State Sales Tax Increment to
15a municipality for an area within a State Sales Tax Boundary
16shall exceed in any State Fiscal Year an amount equal to 3
17times the sum of the Municipal Sales Tax Increment, the real
18property tax increment and deposits of funds from other
19sources, excluding state and federal funds, as certified by
20the city treasurer to the Department of Revenue for an area
21within a State Sales Tax Boundary. After July 29, 1988, for
22those municipalities which issue bonds between June 1, 1988
23and 3 years from July 29, 1988 to finance redevelopment
24projects within the area in a State Sales Tax Boundary, the
25distribution of Net State Sales Tax Increment during the 16th
26through 20th years from the date of issuance of the bonds shall

 

 

HB5391- 141 -LRB104 18487 RTM 31929 b

1not exceed in any State Fiscal Year an amount equal to 2 times
2the sum of the Municipal Sales Tax Increment, the real
3property tax increment and deposits of funds from other
4sources, excluding State and federal funds.
5    (8) Any person who knowingly files or causes to be filed
6false information for the purpose of increasing the amount of
7any State tax incremental revenue commits a Class A
8misdemeanor.
9    (9) The following procedures shall be followed to
10determine whether municipalities have complied with the Act
11for the purpose of receiving distributions after July 1, 1989
12pursuant to subsection (1) of this Section 11-74.4-8a.
13        (a) The Department of Revenue shall conduct a
14    preliminary review of the redevelopment project areas and
15    redevelopment plans pertaining to those municipalities
16    receiving payments from the State pursuant to subsection
17    (1) of Section 8a of this Act for the purpose of
18    determining compliance with the following standards:
19            (1) For any municipality with a population of more
20        than 12,000 as determined by the 1980 U.S. Census: (a)
21        the redevelopment project area, or in the case of a
22        municipality which has more than one redevelopment
23        project area, each such area, must be contiguous and
24        the total of all such areas shall not comprise more
25        than 25% of the area within the municipal boundaries
26        nor more than 20% of the equalized assessed value of

 

 

HB5391- 142 -LRB104 18487 RTM 31929 b

1        the municipality; (b) the aggregate amount of 1985
2        taxes in the redevelopment project area, or in the
3        case of a municipality which has more than one
4        redevelopment project area, the total of all such
5        areas, shall be not more than 25% of the total base
6        year taxes paid by retailers and servicemen on
7        transactions at places of business located within the
8        municipality under the Retailers' Occupation Tax Act,
9        the Use Tax Act, the Service Use Tax Act, and the
10        Service Occupation Tax Act. Redevelopment project
11        areas created prior to 1986 are not subject to the
12        above standards if their boundaries were not amended
13        in 1986.
14            (2) For any municipality with a population of
15        12,000 or less as determined by the 1980 U.S. Census:
16        (a) the redevelopment project area, or in the case of a
17        municipality which has more than one redevelopment
18        project area, each such area, must be contiguous and
19        the total of all such areas shall not comprise more
20        than 35% of the area within the municipal boundaries
21        nor more than 30% of the equalized assessed value of
22        the municipality; (b) the aggregate amount of 1985
23        taxes in the redevelopment project area, or in the
24        case of a municipality which has more than one
25        redevelopment project area, the total of all such
26        areas, shall not be more than 35% of the total base

 

 

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1        year taxes paid by retailers and servicemen on
2        transactions at places of business located within the
3        municipality under the Retailers' Occupation Tax Act,
4        the Use Tax Act, the Service Use Tax Act, and the
5        Service Occupation Tax Act. Redevelopment project
6        areas created prior to 1986 are not subject to the
7        above standards if their boundaries were not amended
8        in 1986.
9            (3) Such preliminary review of the redevelopment
10        project areas applying the above standards shall be
11        completed by November 1, 1988, and on or before
12        November 1, 1988, the Department shall notify each
13        municipality by certified mail, return receipt
14        requested that either (1) the Department requires
15        additional time in which to complete its preliminary
16        review; or (2) the Department is issuing either (a) a
17        Certificate of Eligibility or (b) a Notice of Review.
18        If the Department notifies a municipality that it
19        requires additional time to complete its preliminary
20        investigation, it shall complete its preliminary
21        investigation no later than February 1, 1989, and by
22        February 1, 1989 shall issue to each municipality
23        either (a) a Certificate of Eligibility or (b) a
24        Notice of Review. A redevelopment project area for
25        which a Certificate of Eligibility has been issued
26        shall be deemed a "State Sales Tax Boundary."

 

 

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1            (4) The Department of Revenue shall also issue a
2        Notice of Review if the Department has received a
3        request by November 1, 1988 to conduct such a review
4        from taxpayers in the municipality, local taxing
5        districts located in the municipality or the State of
6        Illinois, or if the redevelopment project area has
7        more than 5 retailers and has had growth in State sales
8        tax revenue of more than 15% from calendar year 1985 to
9        1986.
10        (b) For those municipalities receiving a Notice of
11    Review, the Department will conduct a secondary review
12    consisting of: (i) application of the above standards
13    contained in subsection (9)(a)(1)(a) and (b) or
14    (9)(a)(2)(a) and (b), and (ii) the definitions of blighted
15    and conservation area provided for in Section 11-74.4-3.
16    Such secondary review shall be completed by July 1, 1989.
17        Upon completion of the secondary review, the
18    Department will issue (a) a Certificate of Eligibility or
19    (b) a Preliminary Notice of Deficiency. Any municipality
20    receiving a Preliminary Notice of Deficiency may amend its
21    redevelopment project area to meet the standards and
22    definitions set forth in this paragraph (b). This amended
23    redevelopment project area shall become the "State Sales
24    Tax Boundary" for purposes of determining the State Sales
25    Tax Increment.
26        (c) If the municipality advises the Department of its

 

 

HB5391- 145 -LRB104 18487 RTM 31929 b

1    intent to comply with the requirements of paragraph (b) of
2    this subsection outlined in the Preliminary Notice of
3    Deficiency, within 120 days of receiving such notice from
4    the Department, the municipality shall submit
5    documentation to the Department of the actions it has
6    taken to cure any deficiencies. Thereafter, within 30 days
7    of the receipt of the documentation, the Department shall
8    either issue a Certificate of Eligibility or a Final
9    Notice of Deficiency. If the municipality fails to advise
10    the Department of its intent to comply or fails to submit
11    adequate documentation of such cure of deficiencies the
12    Department shall issue a Final Notice of Deficiency that
13    provides that the municipality is ineligible for payment
14    of the Net State Sales Tax Increment.
15        (d) If the Department issues a final determination of
16    ineligibility, the municipality shall have 30 days from
17    the receipt of determination to protest and request a
18    hearing. Such hearing shall be conducted in accordance
19    with Sections 10-25, 10-35, 10-40, and 10-50 of the
20    Illinois Administrative Procedure Act. The decision
21    following the hearing shall be subject to review under the
22    Administrative Review Law.
23        (e) Any Certificate of Eligibility issued pursuant to
24    this subsection 9 shall be binding only on the State for
25    the purposes of establishing municipal eligibility to
26    receive revenue pursuant to subsection (1) of this Section

 

 

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1    11-74.4-8a.
2        (f) It is the intent of this subsection that the
3    periods of time to cure deficiencies shall be in addition
4    to all other periods of time permitted by this Section,
5    regardless of the date by which plans were originally
6    required to be adopted. To cure said deficiencies,
7    however, the municipality shall be required to follow the
8    procedures and requirements pertaining to amendments, as
9    provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
10    (10) If a municipality adopts a State Sales Tax Boundary
11in accordance with the provisions of subsection (9) of this
12Section, such boundaries shall subsequently be utilized to
13determine Revised Initial Sales Tax Amounts and the Net State
14Sales Tax Increment; provided, however, that such revised
15State Sales Tax Boundary shall not have any effect upon the
16boundary of the redevelopment project area established for the
17purposes of determining the ad valorem taxes on real property
18pursuant to Sections 11-74.4-7 and 11-74.4-8 of this Act nor
19upon the municipality's authority to implement the
20redevelopment plan for that redevelopment project area. For
21any redevelopment project area with a smaller State Sales Tax
22Boundary within its area, the municipality may annually elect
23to deposit the Municipal Sales Tax Increment for the
24redevelopment project area in the special tax allocation fund
25and shall certify the amount to the Department prior to
26receipt of the Net State Sales Tax Increment. Any municipality

 

 

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1required by subsection (9) to establish a State Sales Tax
2Boundary for one or more of its redevelopment project areas
3shall submit all necessary information required by the
4Department concerning such boundary and the retailers therein,
5by October 1, 1989, after complying with the procedures for
6amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of
7this Act. Net State Sales Tax Increment produced within the
8State Sales Tax Boundary shall be spent only within that area.
9However expenditures of all municipal property tax increment
10and municipal sales tax increment in a redevelopment project
11area are not required to be spent within the smaller State
12Sales Tax Boundary within such redevelopment project area.
13    (11) The Department of Revenue shall have the authority to
14issue rules and regulations for purposes of this Section.
15    (12) If, under Section 5.4.1 of the Illinois Enterprise
16Zone Act, a municipality determines that property that lies
17within a State Sales Tax Boundary has an improvement,
18rehabilitation, or renovation that is entitled to a property
19tax abatement, then that property along with any improvements,
20rehabilitation, or renovations shall be immediately removed
21from any State Sales Tax Boundary. The municipality that made
22the determination shall notify the Department of Revenue
23within 30 days after the determination. Once a property is
24removed from the State Sales Tax Boundary because of the
25existence of a property tax abatement resulting from an
26enterprise zone, then that property shall not be permitted to

 

 

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1be amended into a State Sales Tax Boundary.
2(Source: P.A. 100-201, eff. 8-18-17.)
 
3    (65 ILCS 5/11-74.6-22)
4    Sec. 11-74.6-22. Adoption of ordinance; requirements;
5changes.
6    (a) Before adoption of an ordinance proposing the
7designation of a redevelopment planning area or a
8redevelopment project area, or both, or approving a
9redevelopment plan or redevelopment project, the municipality
10or commission designated pursuant to subsection (l) of Section
1111-74.6-15 shall fix by ordinance or resolution a time and
12place for public hearing. Prior to the adoption of the
13ordinance or resolution establishing the time and place for
14the public hearing, the municipality shall make available for
15public inspection a redevelopment plan or a report that
16provides in sufficient detail, the basis for the eligibility
17of the redevelopment project area. The report along with the
18name of a person to contact for further information shall be
19sent to the affected taxing district by certified mail within
20a reasonable time following the adoption of the ordinance or
21resolution establishing the time and place for the public
22hearing.
23    At the public hearing any interested person or affected
24taxing district may file with the municipal clerk written
25objections to the ordinance and may be heard orally on any

 

 

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1issues that are the subject of the hearing. The municipality
2shall hear and determine all alternate proposals or bids for
3any proposed conveyance, lease, mortgage or other disposition
4of land and all protests and objections at the hearing and the
5hearing may be adjourned to another date without further
6notice other than a motion to be entered upon the minutes
7fixing the time and place of the later hearing. At the public
8hearing or at any time prior to the adoption by the
9municipality of an ordinance approving a redevelopment plan,
10the municipality may make changes in the redevelopment plan.
11Changes which (1) add additional parcels of property to the
12proposed redevelopment project area, (2) substantially affect
13the general land uses proposed in the redevelopment plan, or
14(3) substantially change the nature of or extend the life of
15the redevelopment project shall be made only after the
16municipality gives notice, convenes a joint review board, and
17conducts a public hearing pursuant to the procedures set forth
18in this Section and in Section 11-74.6-25. Changes which do
19not (1) add additional parcels of property to the proposed
20redevelopment project area, (2) substantially affect the
21general land uses proposed in the redevelopment plan, or (3)
22substantially change the nature of or extend the life of the
23redevelopment project may be made without further hearing,
24provided that the municipality shall give notice of any such
25changes by mail to each affected taxing district and by
26publication once in a newspaper of general circulation within

 

 

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1the affected taxing district. Such notice by mail and by
2publication shall each occur not later than 10 days following
3the adoption by ordinance of such changes.
4    (b) Before adoption of an ordinance proposing the
5designation of a redevelopment planning area or a
6redevelopment project area, or both, or amending the
7boundaries of an existing redevelopment project area or
8redevelopment planning area, or both, the municipality shall
9convene a joint review board to consider the proposal. The
10board shall consist of a representative selected by each
11taxing district that has authority to levy real property taxes
12on the property within the proposed redevelopment project area
13and that has at least 5% of its total equalized assessed value
14located within the proposed redevelopment project area, a
15representative selected by the municipality and a public
16member. The public member and the board's chairperson shall be
17selected by a majority of other board members.
18    All board members shall be appointed and the first board
19meeting held within 14 days following the notice by the
20municipality to all the taxing districts as required by
21subsection (c) of Section 11-74.6-25. The notice shall also
22advise the taxing bodies represented on the joint review board
23of the time and place of the first meeting of the board.
24Additional meetings of the board shall be held upon the call of
25any 2 members. The municipality seeking designation of the
26redevelopment project area may provide administrative support

 

 

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1to the board.
2    The board shall review the public record, planning
3documents and proposed ordinances approving the redevelopment
4plan and project to be adopted by the municipality. As part of
5its deliberations, the board may hold additional hearings on
6the proposal. A board's recommendation, if any, shall be a
7written recommendation adopted by a majority vote of the board
8and submitted to the municipality within 30 days after the
9board convenes. A board's recommendation shall be binding upon
10the municipality. Failure of the board to submit its
11recommendation on a timely basis shall not be cause to delay
12the public hearing or the process of establishing or amending
13the redevelopment project area. The board's recommendation on
14the proposal shall be based upon the area satisfying the
15applicable eligibility criteria defined in Section 11-74.6-10
16and whether there is a basis for the municipal findings set
17forth in the redevelopment plan as required by this Act. If the
18board does not file a recommendation it shall be presumed that
19the board has found that the redevelopment project area
20satisfies the eligibility criteria.
21    (c) After a municipality has by ordinance approved a
22redevelopment plan and designated a redevelopment planning
23area or a redevelopment project area, or both, the plan may be
24amended and additional properties may be added to the
25redevelopment project area only as herein provided. Amendments
26which (1) add additional parcels of property to the proposed

 

 

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1redevelopment project area, (2) substantially affect the
2general land uses proposed in the redevelopment plan, (3)
3substantially change the nature of the redevelopment project,
4(4) increase the total estimated redevelopment project costs
5set out in the redevelopment plan by more than 5% after
6adjustment for inflation from the date the plan was adopted,
7or (5) add additional redevelopment project costs to the
8itemized list of redevelopment project costs set out in the
9redevelopment plan shall be made only after the municipality
10gives notice, convenes a joint review board, and conducts a
11public hearing pursuant to the procedures set forth in this
12Section and in Section 11-74.6-25. Changes which do not (1)
13add additional parcels of property to the proposed
14redevelopment project area, (2) substantially affect the
15general land uses proposed in the redevelopment plan, (3)
16substantially change the nature of the redevelopment project,
17(4) increase the total estimated redevelopment project cost
18set out in the redevelopment plan by more than 5% after
19adjustment for inflation from the date the plan was adopted,
20or (5) add additional redevelopment project costs to the
21itemized list of redevelopment project costs set out in the
22redevelopment plan may be made without further hearing,
23provided that the municipality shall give notice of any such
24changes by mail to each affected taxing district and by
25publication once in a newspaper of general circulation within
26the affected taxing district. Such notice by mail and by

 

 

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1publication shall each occur not later than 10 days following
2the adoption by ordinance of such changes.
3    Notwithstanding Section 11-74.6-50, the redevelopment
4project area established by an ordinance adopted in its final
5form on December 19, 2011 by the City of Loves Park may be
6expanded by the adoption of an ordinance to that effect
7without further hearing or notice to include land that (i) is
8at least in part contiguous to the existing redevelopment
9project area, (ii) does not exceed approximately 16.56 acres,
10(iii) at the time of the establishment of the redevelopment
11project area would have been otherwise eligible for inclusion
12in the redevelopment project area, and (iv) is zoned so as to
13comply with this Act prior to its inclusion in the
14redevelopment project area.
15    (d) After the effective date of this amendatory Act of the
1691st General Assembly, a municipality shall submit the
17following information for each redevelopment project area (i)
18to the State Comptroller under Section 8-8-3.5 of the Illinois
19Municipal Code, subject to any extensions or exemptions
20provided at the Comptroller's discretion under that Section,
21and (ii) to all taxing districts overlapping the redevelopment
22project area no later than 180 days after the close of each
23municipal fiscal year, or, for fiscal years ending before
24January 1, 2028, year or as soon thereafter as the audited
25financial statements become available and, in any case, shall
26be submitted before the annual meeting of the joint review

 

 

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1board to each of the taxing districts that overlap the
2redevelopment project area:
3        (1) Any amendments to the redevelopment plan, or the
4    redevelopment project area.
5        (1.5) A list of the redevelopment project areas
6    administered by the municipality and, if applicable, the
7    date each redevelopment project area was designated or
8    terminated by the municipality.
9        (2) Audited financial statements of the special tax
10    allocation fund once a cumulative total of $100,000 of tax
11    increment revenues has been deposited in the fund for
12    fiscal years ending before January 1, 2028.
13        (3) Certification of the Chief Executive Officer of
14    the municipality that the municipality has complied with
15    all of the requirements of this Act during the preceding
16    fiscal year.
17        (4) An opinion of legal counsel that the municipality
18    is in compliance with this Act.
19        (5) An analysis of the special tax allocation fund
20    which sets forth:
21            (A) the balance in the special tax allocation fund
22        at the beginning of the fiscal year;
23            (B) all amounts deposited in the special tax
24        allocation fund by source;
25            (C) an itemized list of all expenditures from the
26        special tax allocation fund by category of permissible

 

 

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1        redevelopment project cost; and
2            (D) the balance in the special tax allocation fund
3        at the end of the fiscal year including a breakdown of
4        that balance by source and a breakdown of that balance
5        identifying any portion of the balance that is
6        required, pledged, earmarked, or otherwise designated
7        for payment of or securing of obligations and
8        anticipated redevelopment project costs. Any portion
9        of such ending balance that has not been identified or
10        is not identified as being required, pledged,
11        earmarked, or otherwise designated for payment of or
12        securing of obligations or anticipated redevelopment
13        project costs shall be designated as surplus as set
14        forth in Section 11-74.6-30 hereof.
15        (6) A description of all property purchased by the
16    municipality within the redevelopment project area
17    including:
18            (A) Street address.
19            (B) Approximate size or description of property.
20            (C) Purchase price.
21            (D) Seller of property.
22        (7) A statement setting forth all activities
23    undertaken in furtherance of the objectives of the
24    redevelopment plan, including:
25            (A) Any project implemented in the preceding
26        fiscal year.

 

 

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1            (B) A description of the redevelopment activities
2        undertaken.
3            (C) A description of any agreements entered into
4        by the municipality with regard to the disposition or
5        redevelopment of any property within the redevelopment
6        project area.
7            (D) Additional information on the use of all funds
8        received under this Division and steps taken by the
9        municipality to achieve the objectives of the
10        redevelopment plan.
11            (E) Information regarding contracts that the
12        municipality's tax increment advisors or consultants
13        have entered into with entities or persons that have
14        received, or are receiving, payments financed by tax
15        increment revenues produced by the same redevelopment
16        project area.
17            (F) Any reports submitted to the municipality by
18        the joint review board.
19            (G) A review of public and, to the extent
20        possible, private investment actually undertaken to
21        date after the effective date of this amendatory Act
22        of the 91st General Assembly and estimated to be
23        undertaken during the following year. This review
24        shall, on a project-by-project basis, set forth the
25        estimated amounts of public and private investment
26        incurred after the effective date of this amendatory

 

 

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1        Act of the 91st General Assembly and provide the ratio
2        of private investment to public investment to the date
3        of the report and as estimated to the completion of the
4        redevelopment project.
5        (8) With regard to any obligations issued by the
6    municipality:
7            (A) copies of any official statements; and
8            (B) an analysis prepared by financial advisor or
9        underwriter, chosen by the municipality, setting
10        forth: (i) nature and term of obligation; (ii)
11        projected debt service including required reserves and
12        debt coverage; and (iii) actual debt service.
13        (9) For special tax allocation funds that have
14    received cumulative deposits of incremental tax revenues
15    of $100,000 or more, a certified audit report reviewing
16    compliance with this Act performed by an independent
17    public accountant certified and licensed by the authority
18    of the State of Illinois. The financial portion of the
19    audit must be conducted in accordance with Standards for
20    Audits of Governmental Organizations, Programs,
21    Activities, and Functions adopted by the Comptroller
22    General of the United States (1981), as amended, or the
23    standards specified by Section 8-8-5 of the Illinois
24    Municipal Auditing Law of the Illinois Municipal Code. The
25    audit report shall contain a letter from the independent
26    certified public accountant indicating compliance or

 

 

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1    noncompliance with the requirements of subsection (o) of
2    Section 11-74.6-10.
3    In addition to information required to be reported under
4this Section, for Fiscal Year 2022 and each fiscal year
5thereafter, reporting municipalities shall also report to the
6Comptroller annually in a manner and format prescribed by the
7Comptroller: (1) the number of jobs, if any, projected to be
8created for each redevelopment project area at the time of
9approval of the redevelopment agreement; (2) the number of
10jobs, if any, created as a result of the development to date
11for that reporting period under the same guidelines and
12assumptions as was used for the projections used at the time of
13approval of the redevelopment agreement; (3) the amount of
14increment projected to be created at the time of approval of
15the redevelopment agreement for each redevelopment project
16area; (4) the amount of increment created as a result of the
17development to date for that reporting period using the same
18assumptions as was used for the projections used at the time of
19the approval of the redevelopment agreement; and (5) the
20stated rate of return identified by the developer to the
21municipality for each redevelopment project area, if any.
22Stated rates of return required to be reported in item (5)
23shall be independently verified by a third party chosen by the
24municipality. Reporting municipalities shall also report to
25the Comptroller a copy of the redevelopment plan each time the
26redevelopment plan is enacted, amended, or extended in a

 

 

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1manner and format prescribed by the Comptroller. These
2requirements shall only apply to redevelopment projects
3beginning in or after Fiscal Year 2022.
4    (e) The joint review board shall meet annually 180 days
5after the close of the municipal fiscal year, or, for fiscal
6years ending before January 1, 2028, year or as soon as the
7redevelopment project audit for that fiscal year becomes
8available to review the effectiveness and status of the
9redevelopment project area up to that date.
10(Source: P.A. 102-127, eff. 7-23-21.)
 
11    (65 ILCS 5/11-94-5)  (from Ch. 24, par. 11-94-5)
12    Sec. 11-94-5. Each municipality which issues bonds and
13constructs or acquires or improves a facility under this
14Division 94 shall charge for the use thereof at a rate which at
15all times is sufficient to pay maintenance and operation
16costs, depreciation and the principal and interest on the
17bonds. Such a municipality may make, enact, and enforce all
18needful rules and regulations for the construction,
19acquisition, improvement, extension, management, maintenance,
20care, and protection of its natatoriums or swimming pools,
21indoor or outdoor tennis courts, handball, racquetball or
22squash courts, artificial ice skating rinks or golf courses,
23or any other recreational facility, or any combination of
24facilities, as the case may be, and for the use thereof.
25Charges or rates for the use of the facility shall be

 

 

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1established, revised, maintained, and payable as the corporate
2authorities may determine by ordinance.
3    While any bond issued under this Division 94 is
4outstanding, such a municipality is required to maintain and
5operate its natatoriums or swimming pools, indoor or outdoor
6tennis courts, handball, racquetball or squash courts,
7artificial ice skating rinks or golf courses, or any other
8recreational facility, or any combination of facilities, as
9long as it can do so out of the revenue derived from the
10operation thereof. It shall not sell, lease, loan, mortgage or
11in any other manner dispose of the natatoriums or swimming
12pools, indoor or outdoor tennis courts, handball, racquetball
13or squash courts, artificial ice skating rinks or golf
14courses, or any other recreational facility, or any
15combination of facilities, until all of the bonds so issued
16have been paid in full, both principal and interest or until
17provision has been made for the payment of all of the bonds and
18interests thereon in full.
19    Such a municipality shall install and maintain a proper
20system of accounts, showing the amount of revenue received
21from the operation of its natatoriums or swimming pools,
22indoor or outdoor tennis courts, handball, racquetball or
23squash courts, artificial ice skating rinks or golf courses.
24At least once each year, the municipality shall have the
25accounts properly audited for fiscal years ending before
26January 1, 2028. A report of this audit shall be open for

 

 

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1inspection at all times to any taxpayer, or to a holder of any
2bond or coupon of any bond issued under this Division 94, or to
3their respective representatives.
4    This amendatory Act of 1973 is not a limit upon any
5municipality which is a home rule unit.
6    This amendatory Act of 1975 is not a limit upon any
7municipality which is a home rule unit.
8(Source: P.A. 81-1509.)
 
9    (65 ILCS 5/11-117-13)  (from Ch. 24, par. 11-117-13)
10    Sec. 11-117-13. Any municipality, owning a public utility,
11shall keep the accounts for each public utility distinct from
12other municipal accounts and in such manner as to show the true
13and complete financial results of municipal ownership or
14ownership and operation, as the case may be. These accounts
15shall be so kept as to show (1) the actual cost of the
16municipality of each public utility owned; (2) all costs of
17maintenance, extension, and improvement; (3) all operating
18expenses of every description, in case of municipal operation;
19(4) the amounts set aside for sinking fund purposes; (5) if
20water or other service is furnished for the use of a public
21utility without charge, as nearly as possible, the value of
22that service and also the value of any similar service
23rendered by each public utility to any other municipal
24department without charge; (6) reasonable allowances for
25interest, depreciation, and insurance; and (7) estimates of

 

 

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1the amount of taxes that would be chargeable against each
2public utility if owned by a private corporation.
3    For fiscal years ending before January 1, 2028, the The
4corporate authorities shall print annually for public
5distribution, a report, in the form specified in this Section,
6showing the financial results of the municipal ownership or
7ownership and operation. The accounts of each public utility
8shall be examined once each year by a licensed Certified
9Public Accountant permitted to perform audits under the
10Illinois Public Accounting Act who shall report to the
11corporate authorities the results of his examination. This
12accountant shall be selected in such manner as the corporate
13authorities may direct, and he shall receive for his services
14such compensation, to be paid out of the revenue from each
15public utility, as the municipality may prescribe.
16(Source: P.A. 94-465, eff. 8-4-05.)
 
17    (65 ILCS 5/11-119.1-4)  (from Ch. 24, par. 11-119.1-4)
18    Sec. 11-119.1-4. Municipal Power Agencies.
19    A. Any 2 or more municipalities, contiguous or
20noncontiguous, and which operate an electric utility system,
21may form a municipal power agency by the execution of an agency
22agreement authorized by an ordinance adopted by the governing
23body of each municipality. The agency agreement may state:
24        (1) that the municipal power agency is created and
25    incorporated under the provisions of this Division as a

 

 

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1    body politic and corporate, municipal corporation and unit
2    of local government of the State of Illinois;
3        (2) the name of the agency and the date of its
4    establishment;
5        (3) that names of the municipalities which have
6    adopted the agency agreement and constitute the initial
7    members of the municipal power agency;
8        (4) the names and addresses of the persons initially
9    appointed in the ordinances adopting the agency agreement
10    to serve on the Board of Directors and act as the
11    representatives of the municipalities, respectively, in
12    the exercise of their powers as members;
13        (5) the limitations, if any, upon the terms of office
14    of the directors, provided that such directors shall
15    always be selected and vacancies in their offices declared
16    and filled by ordinances adopted by the governing body of
17    the respective municipalities;
18        (6) the location by city, village or incorporated town
19    in the State of Illinois of the principal office of the
20    municipal power agency;
21        (7) provisions for the disposition, division or
22    distribution of obligations, property and assets of the
23    municipal power agency upon dissolution; and
24        (8) any other provisions for regulating the business
25    of the municipal power agency or the conduct of its
26    affairs which may be agreed to by the member

 

 

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1    municipalities, consistent with this Division, including,
2    without limitation, any provisions for weighted voting
3    among the member municipalities or by the directors.
4    B. The presiding officer of the Board of Directors of any
5municipal power agency established pursuant to this Division
6or such other officer selected by the Board of Directors,
7within 3 months after establishment, shall file a certified
8copy of the agency agreement and a list of the municipalities
9which have adopted the agreement with the recorder of deeds of
10the county in which the principal office is located. The
11recorder of deeds shall record this certified copy and list
12and shall immediately transmit the certified copy and list to
13the Secretary of State, together with his certificate of
14recordation. The Secretary of State shall file these documents
15and issue his certificate of approval over his signature and
16the Great Seal of the State. The Secretary of State shall make
17and keep a register of municipal power agencies established
18under this Division.
19    C. Each municipality which becomes a member of the
20municipal power agency shall appoint a representative to serve
21on the Board of Directors, which representative may be a
22member of the governing body of the municipality. Each
23appointment shall be made by the mayor, or president, subject
24to the confirmation of the governing body. The directors so
25appointed shall hold office for a term of 3 years, or until a
26successor has been duly appointed and qualified, except that

 

 

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1the directors first appointed shall determine by lot at their
2initial meeting the respective directors which shall serve for
3a term of one, 2 or 3 years from the date of that meeting. A
4vacancy shall be filled for the balance of the unexpired term
5in the same manner as the original appointment.
6    The Board of Directors is the corporate authority of the
7municipal power agency and shall exercise all the powers and
8manage and control all of the affairs and property of the
9agency. The Board of Directors shall have full power to pass
10all necessary ordinances, resolutions, rules and regulations
11for the proper management and conduct of the business of the
12board, and for carrying into effect the objects for which the
13agency was established.
14    At the initial meeting of the Board of Directors to be held
15within 30 days after the date of establishment of the
16municipal power agency, the directors shall elect from their
17members a presiding officer to preside over the meetings of
18the Board of Directors and an alternative presiding officer
19and may elect an executive board. The Board of Directors shall
20determine and designate in the agency's bylaws the titles for
21the presiding officers. The directors shall also elect a
22secretary and treasurer, who need not be directors. The board
23may select such other officers, employees and agents as deemed
24to be necessary, who need not be directors or residents of any
25of the municipalities which are members of the municipal power
26agency. The board may designate appropriate titles for all

 

 

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1other officers, employees, and agents. All persons selected by
2the board shall hold their respective offices during the
3pleasure of the board, and give such bond as may be required by
4the board.
5    D. The bylaws of the municipal power agency, and any
6amendments thereto, shall be adopted by the Board of Directors
7by a majority vote (adjusted for weighted voting, if provided
8in the Agency Agreement) to provide the following:
9        (1) the conditions and obligations of membership, if
10    any;
11        (2) the manner and time of calling regular and special
12    meetings of the Board of Directors;
13        (3) the procedural rules of the Board of Directors;
14        (4) the composition, powers and responsibilities of
15    any committee or executive board;
16        (5) the rights and obligations of new members, and the
17    disposition of rights and obligations upon termination of
18    membership; and
19        (6) such other rules or provisions for regulating the
20    affairs of the municipal power agency as the board shall
21    determine to be necessary.
22    E. Every municipal power agency shall maintain an office
23in the State of Illinois to be known as its principal office.
24When a municipal power agency desires to change the location
25of such office, it shall file with the Secretary of State a
26certificate of change of location, stating the new address and

 

 

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1the effective date of change. Meetings of the Board of
2Directors may be held at any place within the State of
3Illinois, designated by the Board of Directors, after notice.
4Unless otherwise provided by the bylaws, an act of the
5majority of the directors present at a meeting at which a
6quorum is present is the act of the Board of Directors.
7    F. The Board of Directors shall hold at least one meeting
8each year for the election of officers and for the transaction
9of any other business. Special meetings of the Board of
10Directors may be called for any purpose upon written request
11to the presiding officer of the Board of Directors or
12secretary to call the meeting. Such officer shall give notice
13of the meeting to be held not less than 10 days and not more
14than 60 days after receipt of such request. Unless the bylaws
15provide for a different percentage, a quorum for a meeting of
16the Board of Directors is a majority of all members then in
17office. All meetings of the board shall be held in compliance
18with the provisions of the Open Meetings Act "An Act in
19relation to meetings", approved July 11, 1957, as amended.
20    G. The agency agreement may be amended as proposed at any
21meeting of the Board of Directors for which notice, stating
22the purpose, shall be given to each director and, unless the
23bylaws prescribe otherwise, such amendment shall become
24effective when ratified by ordinances adopted by a majority of
25the governing bodies of the member municipalities. Each
26amendment, duly certified, shall be recorded and filed in the

 

 

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1same manner as for the original agreement.
2    H. Each member municipality shall have full power and
3authority, subject to the provisions of its charter and laws
4regarding local finance, to appropriate money for the payment
5of the expenses of the municipal power agency and of its
6representative in exercising its functions as a member of the
7municipal power agency.
8    I. Any additional municipality which operates an electric
9utility system may join the municipal power agency, or any
10member municipality may withdraw therefrom upon the approval
11by ordinance adopted by the governing body of the majority of
12the municipalities which are then members of the municipal
13power agency. Any new member shall agree to assume its
14proportionate share of the outstanding obligations of the
15municipal power agency and any member permitted to withdraw
16shall remain obligated to make payments under any outstanding
17contract or agreement with the municipal power agency. Any
18such change in membership shall be recorded and filed in the
19same manner as for the original agreement.
20    J. Any 2 or more municipal power agencies organized
21pursuant to this Division may consolidate to form a new
22municipal power agency when approved by ordinance adopted by
23the governing body of each municipality which is a member of
24the respective municipal power agency and by the execution of
25an agency agreement as provided in this Section.
26    K. For fiscal years ending before January 1, 2028,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of a municipal power
3agency shall be subject to the Governmental Account Audit Act.
4    L. For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of a municipal power
7agency shall be subject to the Government Reporting
8Enhancement and Transparency Act.
9(Source: P.A. 96-204, eff. 1-1-10.)
 
10    (65 ILCS 5/11-119.2-4)  (from Ch. 24, par. 11-119.2-4)
11    Sec. 11-119.2-4. A. Any 2 or more municipalities,
12contiguous or noncontiguous, and which operate a natural gas
13plant or system, may form a municipal natural gas agency by the
14execution of an agency agreement authorized by an ordinance
15adopted by the governing body of each municipality. The agency
16agreement may state:
17        (1) that the municipal natural gas agency is created
18    and incorporated under the provisions of this Division as
19    a body politic and corporate, municipal corporation and
20    unit of local government of the State of Illinois;
21        (2) the name of the agency and the date of its
22    establishment;
23        (3) the names of the municipalities which have adopted
24    the agency agreement and constitute the initial members of
25    the municipal natural gas agency;

 

 

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1        (4) the names and addresses of the persons initially
2    appointed in the ordinances adopting the agency agreement
3    to serve on the Board of Directors and act as the
4    representatives of the municipalities, respectively, in
5    the exercise of their powers as members;
6        (5) the limitations, if any, upon the terms of office
7    of the directors, provided that such directors shall
8    always be selected and vacancies in their offices declared
9    and filled by ordinances adopted by the governing body of
10    the respective municipalities;
11        (6) the location by city, village or incorporated town
12    in the State of Illinois of the principal office of the
13    municipal natural gas agency;
14        (7) provisions for the disposition, division or
15    distribution of obligations, property and assets of the
16    municipal natural gas agency upon dissolution; and
17        (8) any other provisions for regulating the business
18    of the municipal natural gas agency or the conduct of its
19    affairs which may be agreed to by the member
20    municipalities, consistent with this Division, including,
21    without limitation, any provisions for weighted voting
22    among the member municipalities or by the directors.
23    B. The presiding officer of the Board of Directors of any
24municipal natural gas agency established pursuant to this
25Division or such other officer selected by the Board of
26Directors, within 3 months after establishment, shall file a

 

 

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1certified copy of the agency agreement and a list of the
2municipalities which have adopted the agreement with the
3recorder of the county in which the principal office is
4located. The recorder shall record this certified copy and
5list and shall immediately transmit the certified copy and
6list to the Secretary of State, together with his certificate
7of recordation. The Secretary of State shall file these
8documents and issue his certificate of approval over his
9signature and the Great Seal of the State. The Secretary of
10State shall make and keep a register of municipal natural gas
11agencies established under this Division.
12    C. Each municipality which becomes a member of the
13municipal natural gas agency shall appoint a representative to
14serve on the Board of Directors, which representative may be a
15member of the governing body of the municipality. Each
16appointment shall be made by the mayor, or president, subject
17to the confirmation of the governing body. The directors so
18appointed shall hold office for a term of 3 years, or until a
19successor has been duly appointed and qualified, except that
20the directors first appointed shall determine by lot at their
21initial meeting the respective directors which shall serve for
22a term of one, 2 or 3 years from the date of that meeting. A
23vacancy shall be filled for the balance of the unexpired term
24in the same manner as the original appointment.
25    The Board of Directors is the corporate authority of the
26municipal natural gas agency and shall exercise all the powers

 

 

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1and manage and control all of the affairs and property of the
2agency. The Board of Directors shall have full power to pass
3all necessary ordinances, resolutions, rules and regulations
4for the proper management and conduct of the business of the
5board, and for carrying into effect the objects for which the
6agency was established.
7    At the initial meeting of the Board of Directors to be held
8within 30 days after the date of establishment of the
9municipal natural gas agency, the directors shall elect from
10their members a presiding officer to preside over the meetings
11of the Board of Directors and an alternate presiding officer
12and may elect an executive board. The Board of Directors shall
13determine and designate in the agency's bylaws the titles for
14the presiding officers. The directors shall also elect a
15secretary and treasurer, who need not be directors. The board
16may select such other officers, employees and agents as deemed
17to be necessary, who need not be directors or residents of any
18of the municipalities which are members of the municipal
19natural gas agency. The board may designate appropriate titles
20for all other officers, employees, and agents. All persons
21selected by the board shall hold their respective offices
22during the pleasure of the board, and give such bond as may be
23required by the board.
24    D. The bylaws of the municipal natural gas agency, and any
25amendments thereto, shall be adopted by the Board of Directors
26by a majority vote (adjusted for weighted voting, if provided

 

 

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1in the Agency Agreement) to provide the following:
2        (1) the conditions and obligations of membership, if
3    any;
4        (2) the manner and time of calling regular and special
5    meetings of the Board of Directors;
6        (3) the procedural rules of the Board of Directors;
7        (4) the composition, powers and responsibilities of
8    any committee or executive board;
9        (5) the rights and obligations of new members, and the
10    disposition of rights and obligations upon termination of
11    membership; and
12        (6) such other rules or provisions for regulating the
13    affairs of the municipal natural gas agency as the board
14    shall determine to be necessary.
15    E. Every municipal natural gas agency shall maintain an
16office in the State of Illinois to be known as its principal
17office. When a municipal natural gas agency desires to change
18the location of such office, it shall file with the Secretary
19of State a certificate of change of location, stating the new
20address and the effective date of change. Meetings of the
21Board of Directors may be held at any place within the State of
22Illinois, designated by the Board of Directors, after notice.
23Unless otherwise provided by the bylaws, an act of the
24majority of the directors present at a meeting at which a
25quorum is present is the act of the Board of Directors.
26    F. The Board of Directors shall hold at least one meeting

 

 

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1each year for the election of officers and for the transaction
2of any other business. Special meetings of the Board of
3Directors may be called for any purpose upon written request
4to the presiding officer of the Board of Directors or
5secretary to call the meeting. Such officer shall give notice
6of the meeting to be held not less than 10 days and not more
7than 60 days after receipt of such request. Unless the bylaws
8provide for a different percentage, a quorum for a meeting of
9the Board of Directors is a majority of all members then in
10office. All meetings of the board shall be held in compliance
11with the provisions of the Open Meetings Act.
12    G. The agency agreement may be amended as proposed at any
13meeting of the Board of Directors for which notice, stating
14the purpose, shall be given to each director and, unless the
15bylaws prescribe otherwise, such amendment shall become
16effective when ratified by ordinances adopted by a majority of
17the governing bodies of the member municipalities. Each
18amendment, duly certified, shall be recorded and filed in the
19same manner as for the original agreement.
20    H. Each member municipality shall have full power and
21authority, subject to the provisions of its charter and laws
22regarding local finance, to appropriate money for the payment
23of the expenses of the municipal natural gas agency and of its
24representative in exercising its functions as a member of the
25municipal natural gas agency.
26    I. Any additional municipality which operates a natural

 

 

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1gas plant or system may join the municipal natural gas agency,
2or any member municipality may withdraw therefrom upon the
3approval by ordinance adopted by the governing body of the
4majority of the municipalities which are then members of the
5municipal natural gas agency. Any new member shall agree to
6assume its proportionate share of the outstanding obligations
7of the municipal natural gas agency and any member permitted
8to withdraw shall remain obligated to make payments under any
9outstanding contract or agreement with the municipal natural
10gas agency. Any such change in membership shall be recorded
11and filed in the same manner as for the original agreement.
12    J. Any 2 or more municipal natural gas agencies organized
13pursuant to this Division may consolidate to form a new
14municipal natural gas agency when approved by ordinance
15adopted by the governing body of each municipality which is a
16member of the respective municipal natural gas agency and by
17the execution of an agency agreement as provided in this
18Section.
19    K. For fiscal years ending before January 1, 2028,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of a municipal natural
22gas agency shall be subject to the Governmental Account Audit
23Act.
24    L. For fiscal years beginning after December 31, 2027,
25notwithstanding any other provision of law to the contrary,
26the operations and fiscal activities of a municipal natural

 

 

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1gas agency shall be subject to the Government Reporting
2Enhancement and Transparency Act.
3(Source: P.A. 96-204, eff. 1-1-10.)
 
4    (65 ILCS 5/11-122-5)  (from Ch. 24, par. 11-122-5)
5    Sec. 11-122-5. Every city owning, or owning and operating,
6street railways, shall keep the books of account for these
7street railways distinct from other city accounts and in such
8manner as to show the true and complete financial results of
9the city ownership, or ownership and operation, as the case
10may be. These accounts shall be so kept as to show: (1) the
11actual cost to the city of street railways owned, (2) all costs
12of maintenance, extension, and improvement, (3) all operating
13expenses of every description, in case of city operation, (4)
14the amount set aside for sinking fund purposes, (5) if water or
15other service is furnished for the use of the street railways
16without charge, as nearly as possible, the value of this
17service, and also the value of any similar service rendered by
18the street railways to any other city department without
19charge, (6) reasonable allowances for interest, depreciation,
20and insurance, and (7) estimates of the amount of taxes that
21would be chargeable against the property if owned by a private
22corporation. The city council shall print annually for public
23distribution, a report showing the financial results, in the
24form specified in this section, of the city ownership, or
25ownership and operation.

 

 

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1    For fiscal years ending before January 1, 2028, the The
2accounts of those street railways, shall be examined at least
3once a year by a licensed Certified Public Accountant
4permitted to perform audits under the Illinois Public
5Accounting Act, who shall report to the city council the
6results of his examination. This accountant shall be selected
7in such manner as the city council may direct, and he shall
8receive for his services such compensation, to be paid out of
9the income from those street railways, as the city council may
10prescribe.
11(Source: P.A. 94-465, eff. 8-4-05.)
 
12    (65 ILCS 5/11-123-14)  (from Ch. 24, par. 11-123-14)
13    Sec. 11-123-14. Every city and village owning and
14operating, or owning and leasing any portion of a utility,
15shall keep the accounts for the utilities separate and
16distinct from other municipal accounts and in such manner as
17to show the true and complete financial standing and results
18of the municipal ownership and operation or of the municipal
19ownership and leasing, as the case may be. These accounts
20shall be so kept as to show: (1) the actual cost of the
21municipality of the utilities owned; (2) all costs of
22maintenance, extension, and improvement; (3) all operating
23expenses of every description, in case of municipal operation,
24whether of the whole or of a part of the utilities; (4) if
25water or other service is furnished for the use of the

 

 

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1utilities without charge, as nearly as possible, the value of
2that service, and also the value of any service rendered by the
3utilities to any reasonable allowances for interest,
4depreciation, and other municipal department without charge;
5(5) insurance; and (6) estimates of the amount of taxes that
6would be chargeable against the utilities if owned by a
7private corporation. For fiscal years ending before January 1,
82028, the The corporate authorities of the municipality shall
9have printed annually for public distribution, a report
10showing the financial standing and results, in the form
11specified in this section, of the municipal ownership and
12operation, or of municipal ownership and leasing. This report
13shall be published in one or more newspapers published in the
14municipality, or, if no newspaper is published therein, then
15in one or more newspapers with a general circulation within
16the municipality. In municipalities with less than 500
17population in which no newspaper is published, publication may
18instead be made by posting a notice in 3 prominent places
19within the municipality.
20    For fiscal years ending before January 1, 2028, the The
21accounts of the utilities shall be examined at least once a
22year by a licensed Certified Public Accountant permitted to
23perform audits under the Illinois Public Accounting Act, who
24shall report to the corporate authorities the results of his
25examination. This accountant shall be selected in such manner
26as the corporate authorities may direct, and he shall receive

 

 

HB5391- 179 -LRB104 18487 RTM 31929 b

1for his services such compensation, to be paid out of the
2revenue from the utilities, as the corporate authorities may
3prescribe.
4(Source: P.A. 94-465, eff. 8-4-05.)
 
5    (65 ILCS 5/11-130-11)  (from Ch. 24, par. 11-130-11)
6    Sec. 11-130-11. Any municipality issuing revenue bonds
7under this Division 130 shall install and maintain a proper
8system of accounts, showing the amount of revenue received and
9its application. For fiscal years ending before January 1,
102028, at At least once a year the municipality shall have the
11accounts properly audited by a competent auditor. The report
12of that audit shall be open for inspection at all proper times
13to any taxpayer, water-user, or any holder of bonds issued
14under this Division 130, or to anyone acting for and on behalf
15of the taxpayer, water-user, or bondholder.
16    The treasurer of the municipality shall be custodian of
17the funds derived from income received from waterworks
18purchased or constructed either in whole or in part under the
19provisions of this Division 130. He shall give proper bond for
20the faithful discharge of his duties as such custodian, and
21this bond shall be fixed and approved by the corporate
22authorities of the municipality.
23    All of the funds received as income from waterworks
24purchased or constructed in whole or in part under the
25provisions of this Division 130, and all of the funds received

 

 

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1from the sale of revenue bonds issued to construct such a
2waterworks system, shall be kept separate and apart from the
3other funds of the municipality. The treasurer shall maintain
4separate accounts in which shall be placed (1) the interest
5and sinking fund, (2) the depreciation fund and (3) the
6operating and maintenance fund. He shall also provide for
7refunding outstanding certificates payable out of water
8revenue.
9(Source: Laws 1961, p. 576.)
 
10    (65 ILCS 5/11-139-10)  (from Ch. 24, par. 11-139-10)
11    Sec. 11-139-10. Any municipality operating a combined
12waterworks and sewerage system under this Division 139, shall
13set up and maintain a proper system of accounts showing the
14amount of revenue received from the combined waterworks and
15sewerage system and the application of this revenue. For
16fiscal years ending before January 1, 2028, at At least once
17each year the municipality shall have these accounts properly
18audited, and a report of this audit shall be open to the public
19for inspection at all reasonable times.
20(Source: Laws 1961, p. 576.)
 
21    (65 ILCS 5/11-141-8)  (from Ch. 24, par. 11-141-8)
22    Sec. 11-141-8. Every municipality which issues bonds under
23this Division 141 shall install and maintain a proper system
24of accounts showing the amount of revenue received from the

 

 

HB5391- 181 -LRB104 18487 RTM 31929 b

1sewerage system and the application of that revenue. For
2fiscal years ending before January 1, 2028, at At least once
3each year the municipality shall have the accounts properly
4audited. A report of that audit shall be open for inspection at
5all proper times to any taxpayer, sewerage system user, or the
6holder of any bond issued under this Division 141, or their
7respective representatives.
8(Source: Laws 1961, p. 576.)
 
9    Section 900-47. The Home Equity Assurance Act is amended
10by changing Section 11 and by adding Section 5.5 as follows:
 
11    (65 ILCS 95/5.5 new)
12    Sec. 5.5. Government Reporting Enhancement and
13Transparency Act.
14    (a) For fiscal years ending before January 1, 2028,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of a home equity program
17and its related governing commission shall be subject to the
18Governmental Account Audit Act.
19    (b) For fiscal years beginning after December 31, 2027,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of a home equity program
22and its related governing commission shall be subject to the
23Government Reporting Enhancement and Transparency Act.
 

 

 

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1    (65 ILCS 95/11)  (from Ch. 24, par. 1611)
2    Sec. 11. Guarantee Fund.
3    (a) Each governing commission and program created by
4referendum under the provisions of this Act shall maintain a
5guarantee fund for the purposes of paying the costs of
6administering the program and extending protection to members
7pursuant to the limitations and procedures set forth in this
8Act.
9    (b) The guarantee fund shall be raised by means of an
10annual tax levied on all residential property within the
11territory of the program having at least one, but not more than
126 dwelling units and classified by county ordinance as
13residential. The rate of this tax may be changed from year to
14year by majority vote of the governing commission but in no
15case shall it exceed a rate of .12% of the equalized assessed
16valuation of all property in the territory of the program
17having at least one, but not more than 6 dwelling units and
18classified by county ordinance as residential, or the maximum
19tax rate approved by the voters of the territory at the
20referendum which created the program or, in the case of a
21merged program, the maximum tax rate approved by the voters at
22the referendum authorizing the merger, whichever rate is
23lower. The commissioners shall cause the amount to be raised
24by taxation in each year to be certified to the county clerk in
25the manner provided by law, and any tax so levied and certified
26shall be collected and enforced in the same manner and by the

 

 

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1same officers as those taxes for the purposes of the county and
2city within which the territory of the commission is located.
3Any such tax, when collected, shall be paid over to the proper
4officer of the commission who is authorized to receive and
5receipt for such tax. The governing commission may issue tax
6anticipation warrants against the taxes to be assessed for the
7calendar year in which the program is created and for the first
8full calendar year after the creation of the program.
9    (c) The moneys deposited in the guarantee fund shall, as
10nearly as practicable, be fully and continuously invested or
11reinvested by the governing commission in investment
12obligations which shall be in such amounts, and shall mature
13at such times, that the maturity or date of redemption at the
14option of the holder of such investment obligations shall
15coincide, as nearly as practicable, with the times at which
16monies will be required for the purposes of the program. For
17the purposes of this Section investment obligation shall mean
18direct general municipal, state, or federal obligations which
19at the time are legal investments under the laws of this State
20and the payment of principal of and interest on which are
21unconditionally guaranteed by the governing body issuing them.
22    (d) Except as permitted by this subsection and subsection
23(d-5), the guarantee fund shall be used solely and exclusively
24for the purpose of providing guarantees to members of the
25particular Guaranteed Home Equity Program and for reasonable
26salaries, expenses, bills, and fees incurred in administering

 

 

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1the program, and shall be used for no other purpose.
2    A governing commission, with no less than $4,000,000 in
3its guarantee fund, may, if authorized (i) by referendum duly
4adopted by a majority of the voters or (ii) by resolution of
5the governing commission upon approval by two-thirds of the
6commissioners, establish a Low Interest Home Improvement Loan
7Program in accordance with and subject to procedures
8established by a financial institution, as defined in the
9Illinois Banking Act. Whenever the question of creating a Low
10Interest Home Improvement Loan Program is initiated by
11resolution or ordinance of the corporate authorities of the
12municipality or by a petition signed by not less than 10% of
13the total number of registered voters of each precinct in the
14territory, the registered voters of which are eligible to sign
15the petition, it shall be the duty of the election authority
16having jurisdiction over the municipality to submit the
17question of creating the program to the electors of each
18precinct within the territory at the regular election
19specified in the resolution, ordinance, or petition initiating
20the question. A petition initiating a question described in
21this subsection shall be filed with the election authority
22having jurisdiction over the municipality. The petition shall
23be filed and objections to the petition shall be made in the
24manner provided in the Election Code. A resolution, ordinance,
25or petition initiating a question described in this subsection
26shall specify the election at which the question is to be

 

 

HB5391- 185 -LRB104 18487 RTM 31929 b

1submitted. The referendum on the question shall be held in
2accordance with the Election Code. The question shall be in
3substantially the following form:
4        "Shall the (name of the home equity program) implement
5    a Low Interest Home Improvement Loan Program with money
6    from the guarantee fund of the established guaranteed home
7    equity program?"
8The votes must be recorded as "Yes" or "No".
9    Whenever a majority of the voters on the public question
10approve the creation of the program as certified by the proper
11election authorities or a resolution of the governing
12commission is approved by a two-thirds majority, the
13commission shall establish the program and administer the
14program with funds collected under the Guaranteed Home Equity
15Program, subject to the following conditions:
16        (1) At any given time, the cumulative total of all
17    loans and loan guarantees (if applicable) issued under
18    this program may not reduce the balance of the guarantee
19    fund to less than $3,000,000.
20        (2) Only eligible applicants may apply for a loan.
21        (3) The loan must be used for the repair, maintenance,
22    remodeling, alteration, or improvement of a guaranteed
23    residence. This condition is intended to include the
24    repair or maintenance of a guaranteed residence's water
25    and sewer pipes and repair of a guaranteed residence,
26    including, but not limited to, basement repairs, following

 

 

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1    flooding damage or other natural disaster damage to the
2    property. This condition is not intended to exclude the
3    repair, maintenance, remodeling, alteration, or
4    improvement of a guaranteed residence's landscape. This
5    condition is intended to exclude the demolition of a
6    current residence. This condition is also intended to
7    exclude the construction of a new residence.
8        (4) An eligible applicant may not borrow more than the
9    amount of equity value in his or her residence.
10        (5) A commission must ensure that loans issued are
11    secured with collateral that is at least equal to the
12    amount of the loan or loan guarantee.
13        (6) A commission shall charge an interest rate which
14    it determines to be below the market rate of interest
15    generally available to the applicant.
16        (7) A commission may, by resolution, establish other
17    administrative rules and procedures as are necessary to
18    implement this program including, but not limited to, loan
19    dollar amounts and terms. A commission may also impose on
20    loan applicants a one-time application fee for the purpose
21    of defraying the costs of administering the program.
22        (8) A commission may use loan funds to issue a grant or
23    rebate for repairs, maintenance, remodeling, alteration,
24    or improvement of a guaranteed residence for purposes of
25    preventing or repairing damage as a result of a natural
26    disaster, including, but not limited to, flooding.

 

 

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1    (d-5) A governing commission, with no less than $4,000,000
2in its guarantee fund, may, if authorized by referendum duly
3adopted by a majority of the voters, establish a Foreclosure
4Prevention Loan Fund to provide low interest emergency loans
5to eligible applicants that may be forced into foreclosure
6proceedings.
7    Whenever the question of creating a Foreclosure Prevention
8Loan Fund is initiated by resolution or ordinance of the
9corporate authorities of the municipality or by a petition
10signed by not less than 10% of the total number of registered
11voters of each precinct in the territory, the registered
12voters of which are eligible to sign the petition, it shall be
13the duty of the election authority having jurisdiction over
14the municipality to submit the question of creating the
15program to the electors of each precinct within the territory
16at the regular election specified in the resolution,
17ordinance, or petition initiating the question. A petition
18initiating a question described in this subsection shall be
19filed with the election authority having jurisdiction over the
20municipality. The petition shall be filed and objections to
21the petition shall be made in the manner provided in the
22Election Code. A resolution, ordinance, or petition initiating
23a question described in this subsection shall specify the
24election at which the question is to be submitted. The
25referendum on the question shall be held in accordance with
26the Election Code. The question shall be in substantially the

 

 

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1following form:
2    "Shall the (name of the home equity program) implement a
3Foreclosure Prevention Loan Fund with money from the guarantee
4fund of the established guaranteed home equity program?"
5    The votes must be recorded as "Yes" or "No".
6    Whenever a majority of the voters on the public question
7approve the creation of a Foreclosure Prevention Loan Fund as
8certified by the proper election authorities, the commission
9shall establish the program and administer the program with
10funds collected under the Guaranteed Home Equity Program,
11subject to the following conditions:
12        (1) At any given time, the cumulative total of all
13    loans and loan guarantees (if applicable) issued under
14    this program may not exceed $3,000,000.
15        (2) Only eligible applicants may apply for a loan. The
16    Commission may establish, by resolution, additional
17    criteria for eligibility.
18        (3) The loan must be used to assist with preventing
19    foreclosure proceedings.
20        (4) An eligible applicant may not borrow more than the
21    amount of equity value in his or her residence.
22        (5) A commission must ensure that loans issued are
23    secured as a second lien on the property.
24        (6) A commission shall charge an interest rate which
25    it determines to be below the market rate of interest
26    generally available to the applicant.

 

 

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1        (7) A commission may, by resolution, establish other
2    administrative rules and procedures as are necessary to
3    implement this program including, but not limited to,
4    eligibility requirements for eligible applicants, loan
5    dollar amounts, and loan terms.
6        (8) A commission may also impose on loan applicants a
7    one-time application fee for the purpose of defraying the
8    costs of administering the program.
9    (d-10) The Northwest Home Equity Assurance Program may, if
10authorized (i) by referendum approved by a majority of the
11voters or (ii) by resolution of the governing commission upon
12approval by two-thirds of the commissioners, establish a
13Delinquent Tax Repayment Loan Fund to provide low-interest
14emergency loans to eligible applicants.
15    If the question of creating a Delinquent Tax Repayment
16Loan Fund is initiated by resolution or ordinance of the
17corporate authorities of the municipality or by a petition
18signed by not less than 10% of the total number of registered
19voters of each precinct in the territory, the registered
20voters of which are eligible to sign the petition, it shall be
21the duty of the election authority having jurisdiction over
22the municipality to submit the question of creating the
23program to the electors of each precinct within the territory
24at the regular election specified in the resolution,
25ordinance, or petition initiating the question. A resolution,
26ordinance, or petition initiating a question described in this

 

 

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1subsection shall be filed with the election authority having
2jurisdiction over the municipality. The resolution, ordinance,
3or petition shall be filed and objections to the resolution,
4ordinance, or petition shall be made in the manner provided in
5the Election Code. A resolution, ordinance, or petition
6initiating a question described in this subsection shall
7specify the election at which the question is to be submitted.
8The referendum on the question shall be held in accordance
9with the Election Code. The question shall be in substantially
10the following form:
11        "Shall the (name of the home equity program) implement
12    a Delinquent Tax Repayment Loan Fund with money from the
13    guarantee fund of the Northwest Home Equity Assurance
14    Program?"
15        The votes must be recorded as "Yes" or "No".
16    If a majority of the voters on the question approve the
17creation of a Delinquent Tax Repayment Loan Fund as certified
18by the proper election authorities or two-thirds of the
19commissioners, by resolution, approve the creation of a
20Delinquent Tax Repayment Loan Fund, the commission shall
21establish the program and administer the program with funds
22collected under the program, subject to the following
23conditions:
24        (1) At any given time, the cumulative total of all
25    loans and loan guarantees (if applicable) issued under
26    this program may not exceed $3,000,000.

 

 

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1        (2) Only eligible applicants may apply for a loan. The
2    commission may establish, by resolution, additional
3    criteria for eligibility.
4        (3) The loan must be used to assist with repayment of
5    delinquent property taxes and for those facing imminent
6    delinquency.
7        (4) An eligible applicant may not borrow more than the
8    amount due to the treasurer's office.
9        (5) A commission shall charge an interest rate which
10    it determines to be below the market rate of interest
11    generally available to the applicant.
12        (6) A commission may, by resolution, establish other
13    administrative rules and procedures as are necessary to
14    implement this program including, but not limited to,
15    eligibility requirements for eligible applicants, loan
16    dollar amounts, and loan terms.
17        (7) Where practicable, it shall be required that a
18    borrower obtain free housing counseling services prior to
19    applying to this tax program for the purpose of assisting
20    with budgeting and providing a recommendation as to
21    whether this client is suited for this program.
22        (8) A commission may also impose on loan applicants a
23    one-time application fee for the purpose of defraying the
24    costs of administering the program.
25    (e) The guarantee fund shall be maintained, invested, and
26expended exclusively by the governing commission of the

 

 

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1program for whose purposes it was created. Under no
2circumstance shall the guarantee fund be used by any person or
3persons, governmental body, or public or private agency or
4concern other than the governing commission of the program for
5whose purposes it was created. Under no circumstances shall
6the guarantee fund be commingled with other funds or
7investments.
8    (e-1) No commissioner or family member of a commissioner,
9or employee or family member of an employee, may receive any
10financial benefit, either directly or indirectly, from the
11guarantee fund. Nothing in this subsection (e-1) shall be
12construed to prohibit payment of expenses to a commissioner in
13accordance with Section 4 or payment of salaries or expenses
14to an employee in accordance with this Section.
15    As used in this subsection (e-1), "family member" means a
16spouse, child, stepchild, parent, brother, or sister of a
17commissioner or a child, stepchild, parent, brother, or sister
18of a commissioner's spouse.
19    (f) For fiscal years ending before January 1, 2028, an An
20independent audit of the guarantee fund and the management of
21the program shall be conducted annually and made available to
22the public through any office of the governing commission or a
23public facility such as a local public library located within
24the territory of the program.
25(Source: P.A. 102-599, eff. 1-1-22; 103-737, eff. 1-1-25.)
 

 

 

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1    Section 900-50. The Airport Authorities Act is amended by
2changing Section 11 as follows:
 
3    (70 ILCS 5/11)  (from Ch. 15 1/2, par. 68.11)
4    Sec. 11. Records of authority and officers' bonds.
5    (a) For fiscal years ending before January 1, 2028, the
6The Board shall provide for the proper and safe keeping of its
7permanent records and for the recording of the corporate
8action of the Authority. It shall keep a true and accurate
9account of its receipts and an annual audit shall be made of
10its books, records and accounts. All officers and employees
11authorized to receive or retain the custody of money or to sign
12vouchers, checks, warrants or evidences of indebtedness
13binding upon the Authority shall furnish surety bond for the
14faithful performance of their duties and the faithful
15accounting for all moneys that may come into their hands in an
16amount to be fixed and in a form to be approved by the Board.
17    (b) For fiscal years beginning after December 31, 2027,
18the Board shall provide for the proper and safe keeping of its
19permanent records and for the recording of the corporate
20action of the Authority. It shall keep a true and accurate
21account of its receipts and disbursements. All officers and
22employees authorized to receive or retain the custody of money
23or to sign vouchers, checks, warrants or evidences of
24indebtedness binding upon the Authority shall furnish surety
25bond for the faithful performance of their duties and the

 

 

HB5391- 194 -LRB104 18487 RTM 31929 b

1faithful accounting for all moneys that may come into their
2hands in an amount to be fixed and in a form to be approved by
3the Board.
4    (c) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of the airport authority
7shall be subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: Laws 1945, p. 290.)
 
10    Section 900-55. The Interstate Airport Authorities Act is
11amended by changing Section 3 as follows:
 
12    (70 ILCS 10/3)  (from Ch. 15 1/2, par. 253)
13    Sec. 3. (a) A party state shall not be obligated to
14appropriate funds of the state for the development, support
15and maintenance of the airport authority. All revenue received
16from the air facility and the property, both real and
17personal, within the jurisdiction and control of the airport
18authority shall be applied to the maintenance and development
19of the air facility. All limitations upon expenditures, which
20may be an element of title to the real estate held by the
21airport authority, shall be observed.
22    (b) Revenue bonds to be retired exclusively from income
23received from the operation of the air facility may be issued
24by the airport authority and in the name of such authority in

 

 

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1accordance with the laws of the state in which the air facility
2is located, which laws prescribe the terms and conditions for
3the issuance of revenue bonds by airport authorities.
4    (c) The airport authority may secure loans from private
5financing and offer as collateral those assets, real, personal
6or mixed, not inconsistent with the laws of the state in which
7the airport is located.
8    (d) Each year on or before the first day of July, the
9airport authority shall prepare a budget of its estimated
10expenditures for the fiscal year beginning on the first day of
11January of the succeeding year and shall on or before the first
12of July submit a copy of said report to the various combining
13governmental units. The estimated expenditures shall be
14allocated and prorated equally between the various combining
15governmental units and a statement of the allocated amount
16shall be included in the copy of the budgetary report
17submitted to the combining governmental units. To provide
18funds to pay its share of the proposed expenditures, each
19combining governmental unit is authorized to annually levy a
20tax on property located within the governmental unit at a rate
21sufficient to raise funds to pay its prorated share of
22estimated expenditures. Said tax shall be levied and collected
23in the same manner as other property taxes are levied and
24collected by the governmental unit and in accordance with the
25tax laws of the state in which such unit is located. The money
26raised by the levying of such tax shall be appropriated and

 

 

HB5391- 196 -LRB104 18487 RTM 31929 b

1distributed to the airport authority by the governmental unit:
2Provided, That such funds so appropriated shall be used
3exclusively for the development and maintenance of the air
4facility.
5    (e) The airport authority may meet any of its obligations
6in whole or in part with funds made available to it under the
7provisions of section 2 of this Act: Provided, That the
8airport authority takes specific action setting aside such
9funds prior to the incurring of any obligation to be met in
10whole or in part in this manner.
11    (f) The expenses and any other costs for each member of the
12airport authority shall be met by the airport authority in
13accordance with such standards and procedures as it may
14establish under its bylaws and rules and regulations.
15    (g) For fiscal years ending before January 1, 2028, the
16The airport authority shall be required to keep accurate
17record of all accounts of receipts and disbursements. The
18receipts and disbursements of the airport authority shall be
19subject to an annual audit, and accounting procedures
20established under its bylaws: Provided, That all receipts and
21disbursements of funds handled by the airport authority shall
22be audited by a qualified public accountant and the report of
23the audit shall be incorporated into and become a part of the
24annual report of the airport authority.
25    (h) The accounts of the airport authority shall be open to
26inspection by the general public at any reasonable time.

 

 

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1    (i) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the airport authority
4shall be subject to the Government Reporting Enhancement and
5Transparency Act.
6(Source: Laws 1963, P. 2121.)
 
7    Section 900-60. The Cemetery Maintenance District Act is
8amended by changing Section 5 as follows:
 
9    (70 ILCS 105/5)  (from Ch. 21, par. 64.24e)
10    Sec. 5. Report and financial statement.
11    (a) The trustees shall exercise all of the powers and
12control all the affairs of such district. The board of
13trustees, immediately after their appointment and at their
14first meeting in May of each year thereafter, shall elect one
15of their number as president and one of their number as
16secretary. The board shall prescribe the duties and fix the
17compensation of all of the officers and employees of the
18cemetery maintenance district; but no member of the board of
19trustees shall receive a sum to exceed $50.00 per annum. The
20board of trustees shall have full power to pass all necessary
21ordinances, rules and regulations for the proper management
22and conduct of the business of the cemetery maintenance
23district for carrying into effect the objects for which the
24district was formed.

 

 

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1    (b) The board of trustees may incur indebtedness on behalf
2of the district not to exceed $50,000 in the aggregate for the
3purpose of acquiring land for grave sites. The indebtedness
4shall be evidenced by a promissory note of the district
5requiring repayment in full no more than 20 years after the
6date the indebtedness is incurred. The board of trustees may
7give a mortgage on the land acquired to secure the
8indebtedness.
9    (c) The board of trustees may accept gifts on behalf of the
10district. The gifts may be in any form, from any source, and
11for any legal purpose.
12    (d) The board of trustees shall keep a true and accurate
13account of its receipts and disbursements.
14    (e) For fiscal years beginning after December 31, 2027,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of the Board shall be
17subject to the Government Reporting Enhancement and
18Transparency Act.
19(Source: P.A. 86-144; 86-396.)
 
20    Section 900-65. The Civic Center Code is amended by
21changing Sections 2-135, 15-40, 20-70, 30-35, 50-35, 55-60,
22100-55, 110-35, 125-50, 155-65, 175-30, 185-55, 190-55,
23195-35, 200-65, 205-105, 250-40, 255-130, and 280-90 as
24follows:
 

 

 

HB5391- 199 -LRB104 18487 RTM 31929 b

1    (70 ILCS 200/2-135)
2    Sec. 2-135. Report and financial statement.
3    (a) For fiscal years ending before January 1, 2028, as As
4soon after the end of each fiscal year as may be expedient, the
5Board shall cause to be prepared and printed a complete and
6detailed report and financial statement of its operations and
7of its assets and liabilities. A reasonably sufficient number
8of copies of such report shall be printed for distribution to
9persons interested upon request and a copy thereof shall be
10filed with the county clerk and the appointing officers.
11    (b) For fiscal years ending before January 1, 2028,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of the Board shall be
14subject to the Governmental Account Audit Act.
15    (c) For fiscal years beginning after December 31, 2027,
16notwithstanding any other provision of law to the contrary,
17the operations and fiscal activities of the Board shall be
18subject to the Government Reporting Enhancement and
19Transparency Act.
20(Source: P.A. 90-328, eff. 1-1-98.)
 
21    (70 ILCS 200/15-40)
22    Sec. 15-40. Standard civic center provisions incorporated
23by reference. The following Sections of this Code are
24incorporated by reference into this Article:
25    Section 2-3. Purpose.

 

 

HB5391- 200 -LRB104 18487 RTM 31929 b

1    Section 2-5. Definitions.
2    Section 2-10. Lawsuits; common seal.
3    Section 2-15. Duties; auditorium, recreational, and other
4buildings; lease of space.
5    Section 2-20. Rights and powers, including eminent domain.
6    Section 2-25. Incurring obligations.
7    Section 2-30. Prompt payment.
8    Section 2-35. Acquisition of property from person, State,
9or local agency.
10    Section 2-40. Federal money.
11    Section 2-45. Insurance.
12    Section 2-50. Borrowing; revenue bonds; suits to compel
13performance.
14    Section 2-55. Bonds; nature of indebtedness.
15    Section 2-60. Investment in bonds.
16    Section 2-75. Board members; financial matters; conflict
17of interest.
18    Section 2-80. Board members' oath.
19    Section 2-85. Board members; vacancy in office.
20    Section 2-90. Organization of the Board.
21    Section 2-95. Meetings; action by 5 Board members.
22    Section 2-100. Secretary; treasurer.
23    Section 2-105. Funds.
24    Section 2-110. Signatures on checks or drafts.
25    Section 2-115. General manager; other appointments.
26    Section 2-122. Rules and regulations; penalties.

 

 

HB5391- 201 -LRB104 18487 RTM 31929 b

1    Section 2-125. Contracts; award to other than highest or
2lowest bidder by vote of 5 Board members.
3    Section 2-130. Bids and advertisements.
4    Section 2-135. Report and financial statement.
5    Section 2-140. State financial support.
6    Section 2-145. Anti-trust laws.
7    Section 2-150. Tax exemption.
8(Source: P.A. 90-328, eff. 1-1-98.)
 
9    (70 ILCS 200/20-70)
10    Sec. 20-70. Standard civic center provisions incorporated
11by reference. The following Sections of this Code are
12incorporated by reference into this Article:
13    Section 2-3. Purpose.
14    Section 2-5. Definitions.
15    Section 2-10. Lawsuits; common seal.
16    Section 2-25. Incurring obligations.
17    Section 2-30. Prompt payment.
18    Section 2-35. Acquisition of property from person, State,
19or local agency.
20    Section 2-45. Insurance.
21    Section 2-60. Investment in bonds.
22    Section 2-76. Board members; financial matters;
23compensation for secretary or treasurer; conflict of interest.
24    Section 2-80. Board members' oath.
25    Section 2-83. Removal of Board member from office.

 

 

HB5391- 202 -LRB104 18487 RTM 31929 b

1    Section 2-85. Board members; vacancy in office.
2    Section 2-97. Board meetings; public records.
3    Section 2-101. Secretary; treasurer; funds deposited in
4bank or savings and loan association.
5    Section 2-110. Signatures on checks or drafts.
6    Section 2-115. General manager; other appointments.
7    Section 2-120. Ordinances, rules, and regulations; fines
8and penalties.
9    Section 2-128. Contracts; award to other than highest or
10lowest bidder by three-fourths vote.
11    Section 2-130. Bids and advertisements.
12    Section 2-132. Bidders; civil action to compel compliance.
13    Section 2-135. Report and financial statement.
14    Section 2-140. State financial support.
15    Section 2-145. Anti-trust laws.
16    Section 2-150. Tax exemption.
17(Source: P.A. 90-328, eff. 1-1-98.)
 
18    (70 ILCS 200/30-35)
19    Sec. 30-35. Standard civic center provisions incorporated
20by reference. The following Sections of this Code are
21incorporated by reference into this Article:
22    Section 2-5. Definitions.
23    Section 2-10. Lawsuits; common seal.
24    Section 2-17. Duties; auditorium and other buildings.
25    Section 2-21. Rights and powers.

 

 

HB5391- 203 -LRB104 18487 RTM 31929 b

1    Section 2-25. Incurring obligations.
2    Section 2-30. Prompt payment.
3    Section 2-36. Acquisition of property from person or
4governmental agency.
5    Section 2-40. Federal money.
6    Section 2-45. Insurance.
7    Section 2-51. Borrowing; revenue bonds; mandamus or other
8actions to compel performance.
9    Section 2-75. Board members; financial matters; conflict
10of interest.
11    Section 2-90. Organization of the Board.
12    Section 2-95. Meetings; action by 5 Board members.
13    Section 2-101. Secretary; treasurer; funds deposited in
14bank or savings and loan association.
15    Section 2-106. Funds; compliance with Public Funds
16Investment Act.
17    Section 2-110. Signatures on checks or drafts.
18    Section 2-115. General manager; other appointments.
19    Section 2-120. Ordinances, rules, and regulations; fines
20and penalties.
21    Section 2-127. Contracts; award to other than highest or
22lowest bidder by four-fifths vote.
23    Section 2-130. Bids and advertisements.
24    Section 2-135. Report and financial statement.
25    Section 2-140. State financial support.
26    Section 2-145. Anti-trust laws.

 

 

HB5391- 204 -LRB104 18487 RTM 31929 b

1    Section 2-150. Tax exemption.
2(Source: P.A. 90-328, eff. 1-1-98.)
 
3    (70 ILCS 200/50-35)
4    Sec. 50-35. Standard civic center provisions incorporated
5by reference. The following Sections of this Code are
6incorporated by reference into this Article:
7    Section 2-5. Definitions.
8    Section 2-10. Lawsuits; common seal.
9    Section 2-17. Duties; auditorium and other buildings.
10    Section 2-21. Rights and powers.
11    Section 2-25. Incurring obligations.
12    Section 2-30. Prompt payment.
13    Section 2-36. Acquisition of property from person or
14governmental agency.
15    Section 2-40. Federal money.
16    Section 2-45. Insurance.
17    Section 2-76. Board members; financial matters;
18compensation for secretary or treasurer; conflict of interest.
19    Section 2-80. Board members' oath.
20    Section 2-83. Removal of Board member from office.
21    Section 2-85. Board members; vacancy in office.
22    Section 2-90. Organization of the Board.
23    Section 2-95. Meetings; action by 5 Board members.
24    Section 2-101. Secretary; treasurer; funds deposited in
25bank or savings and loan association.

 

 

HB5391- 205 -LRB104 18487 RTM 31929 b

1    Section 2-106. Funds; compliance with Public Funds
2Investment Act.
3    Section 2-110. Signatures on checks or drafts.
4    Section 2-115. General manager; other appointments.
5    Section 2-120. Ordinances, rules, and regulations; fines
6and penalties.
7    Section 2-127. Contracts; award to other than highest or
8lowest bidder by four-fifths vote.
9    Section 2-130. Bids and advertisements.
10    Section 2-135. Report and financial statement.
11    Section 2-140. State financial support.
12    Section 2-145. Anti-trust laws.
13    Section 2-150. Tax exemption.
14(Source: P.A. 90-328, eff. 1-1-98.)
 
15    (70 ILCS 200/55-60)
16    Sec. 55-60. Standard civic center provisions incorporated
17by reference. The following Sections of this Code are
18incorporated by reference into this Article:
19    Section 2-3. Purpose.
20    Section 2-5. Definitions.
21    Section 2-10. Lawsuits; common seal.
22    Section 2-15. Duties; auditorium, recreational, and other
23buildings; lease of space.
24    Section 2-20. Rights and powers, including eminent domain.
25    Section 2-25. Incurring obligations.

 

 

HB5391- 206 -LRB104 18487 RTM 31929 b

1    Section 2-30. Prompt payment.
2    Section 2-35. Acquisition of property from person, State,
3or local agency.
4    Section 2-40. Federal money.
5    Section 2-45. Insurance.
6    Section 2-50. Borrowing; revenue bonds; suits to compel
7performance.
8    Section 2-55. Bonds; nature of indebtedness.
9    Section 2-60. Investment in bonds.
10    Section 2-75. Board members; financial matters; conflict
11of interest.
12    Section 2-80. Board members' oath.
13    Section 2-97. Board meetings; public records.
14    Section 2-100. Secretary; treasurer.
15    Section 2-105. Funds.
16    Section 2-110. Signatures on checks or drafts.
17    Section 2-115. General manager; other appointments.
18    Section 2-122. Rules and regulations; penalties.
19    Section 2-130. Bids and advertisements.
20    Section 2-135. Report and financial statement.
21    Section 2-140. State financial support.
22    Section 2-145. Anti-trust laws.
23    Section 2-150. Tax exemption.
24(Source: P.A. 90-328, eff. 1-1-98.)
 
25    (70 ILCS 200/100-55)

 

 

HB5391- 207 -LRB104 18487 RTM 31929 b

1    Sec. 100-55. Standard civic center provisions incorporated
2by reference. The following Sections of this Code are
3incorporated by reference into this Article:
4    Section 2-5. Definitions.
5    Section 2-10. Lawsuits; common seal.
6    Section 2-17. Duties; auditorium and other buildings.
7    Section 2-21. Rights and powers.
8    Section 2-25. Incurring obligations.
9    Section 2-30. Prompt payment.
10    Section 2-36. Acquisition of property from person or
11governmental agency.
12    Section 2-40. Federal money.
13    Section 2-45. Insurance.
14    Section 2-75. Board members; financial matters; conflict
15of interest.
16    Section 2-80. Board members' oath.
17    Section 2-83. Removal of Board member from office.
18    Section 2-85. Board members; vacancy in office.
19    Section 2-90. Organization of the Board.
20    Section 2-95. Meetings; action by 5 Board members.
21    Section 2-101. Secretary; treasurer; funds deposited in
22bank or savings and loan association.
23    Section 2-106. Funds; compliance with Public Funds
24Investment Act.
25    Section 2-110. Signatures on checks or drafts.
26    Section 2-115. General manager; other appointments.

 

 

HB5391- 208 -LRB104 18487 RTM 31929 b

1    Section 2-120. Ordinances, rules, and regulations; fines
2and penalties.
3    Section 2-127. Contracts; award to other than highest or
4lowest bidder by four-fifths vote.
5    Section 2-130. Bids and advertisements.
6    Section 2-135. Report and financial statement.
7    Section 2-140. State financial support.
8    Section 2-145. Anti-trust laws.
9    Section 2-150. Tax exemption.
10(Source: P.A. 90-328, eff. 1-1-98.)
 
11    (70 ILCS 200/110-35)
12    Sec. 110-35. Standard civic center provisions incorporated
13by reference. The following Sections of this Code are
14incorporated by reference into this Article:
15    Section 2-3. Purpose.
16    Section 2-5. Definitions.
17    Section 2-10. Lawsuits; common seal.
18    Section 2-15. Duties; auditorium, recreational, and other
19buildings; lease of space.
20    Section 2-20. Rights and powers, including eminent domain.
21    Section 2-25. Incurring obligations.
22    Section 2-30. Prompt payment.
23    Section 2-35. Acquisition of property from person, State,
24or local agency.
25    Section 2-40. Federal money.

 

 

HB5391- 209 -LRB104 18487 RTM 31929 b

1    Section 2-45. Insurance.
2    Section 2-50. Borrowing; revenue bonds; suits to compel
3performance.
4    Section 2-55. Bonds; nature of indebtedness.
5    Section 2-60. Investment in bonds.
6    Section 2-75. Board members; financial matters; conflict
7of interest.
8    Section 2-80. Board members' oath.
9    Section 2-85. Board members; vacancy in office.
10    Section 2-90. Organization of the Board.
11    Section 2-95. Meetings; action by 5 Board members.
12    Section 2-100. Secretary; treasurer.
13    Section 2-105. Funds.
14    Section 2-110. Signatures on checks or drafts.
15    Section 2-115. General manager; other appointments.
16    Section 2-122. Rules and regulations; penalties.
17    Section 2-125. Contracts; award to other than highest or
18lowest bidder by vote of 5 Board members.
19    Section 2-130. Bids and advertisements.
20    Section 2-132. Bidders; civil action to compel compliance.
21    Section 2-135. Report and financial statement.
22    Section 2-140. State financial support.
23    Section 2-145. Anti-trust laws.
24    Section 2-150. Tax exemption.
25(Source: P.A. 90-328, eff. 1-1-98.)
 

 

 

HB5391- 210 -LRB104 18487 RTM 31929 b

1    (70 ILCS 200/125-50)
2    Sec. 125-50. Standard civic center provisions incorporated
3by reference. The following Sections of this Code are
4incorporated by reference into this Article:
5    Section 2-5. Definitions.
6    Section 2-10. Lawsuits; common seal.
7    Section 2-16. Duties; auditorium and other buildings;
8lease of space.
9    Section 2-25. Incurring obligations.
10    Section 2-35. Acquisition of property from person, State,
11or local agency.
12    Section 2-40. Federal money.
13    Section 2-45. Insurance.
14    Section 2-60. Investment in bonds.
15    Section 2-76. Board members; financial matters;
16compensation for secretary or treasurer; conflict of interest.
17    Section 2-80. Board members' oath.
18    Section 2-83. Removal of Board member from office.
19    Section 2-85. Board members; vacancy in office.
20    Section 2-90. Organization of the Board.
21    Section 2-95. Meetings; action by 5 Board members.
22    Section 2-101. Secretary; treasurer; funds deposited in
23bank or savings and loan association.
24    Section 2-106. Funds; compliance with Public Funds
25Investment Act.
26    Section 2-110. Signatures on checks or drafts.

 

 

HB5391- 211 -LRB104 18487 RTM 31929 b

1    Section 2-115. General manager; other appointments.
2    Section 2-120. Ordinances, rules, and regulations; fines
3and penalties.
4    Section 2-127. Contracts; award to other than highest or
5lowest bidder by four-fifths vote.
6    Section 2-130. Bids and advertisements.
7    Section 2-135. Report and financial statement.
8    Section 2-140. State financial support.
9    Section 2-145. Anti-trust laws.
10    Section 2-150. Tax exemption.
11(Source: P.A. 90-328, eff. 1-1-98.)
 
12    (70 ILCS 200/155-65)
13    Sec. 155-65. Standard civic center provisions incorporated
14by reference. The following Sections of this Code are
15incorporated by reference into this Article:
16    Section 2-5. Definitions.
17    Section 2-10. Lawsuits; common seal.
18    Section 2-17. Duties; auditorium and other buildings.
19    Section 2-25. Incurring obligations.
20    Section 2-30. Prompt payment.
21    Section 2-40. Federal money.
22    Section 2-45. Insurance.
23    Section 2-75. Board members; financial matters; conflict
24of interest.
25    Section 2-90. Organization of the Board.

 

 

HB5391- 212 -LRB104 18487 RTM 31929 b

1    Section 2-96. Meetings; action by 4 Board members.
2    Section 2-101. Secretary; treasurer; funds deposited in
3bank or savings and loan association.
4    Section 2-106. Funds; compliance with Public Funds
5Investment Act.
6    Section 2-110. Signatures on checks or drafts.
7    Section 2-115. General manager; other appointments.
8    Section 2-120. Ordinances, rules, and regulations; fines
9and penalties.
10    Section 2-130. Bids and advertisements.
11    Section 2-135. Report and financial statement.
12    Section 2-145. Anti-trust laws.
13    Section 2-150. Tax exemption.
14(Source: P.A. 90-328, eff. 1-1-98.)
 
15    (70 ILCS 200/175-30)
16    Sec. 175-30. Standard civic center provisions incorporated
17by reference. The following Sections of this Code are
18incorporated by reference into this Article:
19    Section 2-5. Definitions.
20    Section 2-10. Lawsuits; common seal.
21    Section 2-17. Duties; auditorium and other buildings.
22    Section 2-21. Rights and powers.
23    Section 2-25. Incurring obligations.
24    Section 2-36. Acquisition of property from person or
25governmental agency.

 

 

HB5391- 213 -LRB104 18487 RTM 31929 b

1    Section 2-40. Federal money.
2    Section 2-45. Insurance.
3    Section 2-51. Borrowing; revenue bonds; mandamus or other
4actions to compel performance.
5    Section 2-75. Board members; financial matters; conflict
6of interest.
7    Section 2-80. Board members' oath.
8    Section 2-83. Removal of Board member from office.
9    Section 2-85. Board members; vacancy in office.
10    Section 2-90. Organization of the Board.
11    Section 2-96. Meetings; action by 4 Board members.
12    Section 2-101. Secretary; treasurer; funds deposited in
13bank or savings and loan association.
14    Section 2-106. Funds; compliance with Public Funds
15Investment Act.
16    Section 2-110. Signatures on checks or drafts.
17    Section 2-115. General manager; other appointments.
18    Section 2-120. Ordinances, rules, and regulations; fines
19and penalties.
20    Section 2-127. Contracts; award to other than highest or
21lowest bidder by four-fifths vote.
22    Section 2-130. Bids and advertisements.
23    Section 2-135. Report and financial statement.
24    Section 2-140. State financial support.
25    Section 2-145. Anti-trust laws.
26    Section 2-150. Tax exemption.

 

 

HB5391- 214 -LRB104 18487 RTM 31929 b

1(Source: P.A. 90-328, eff. 1-1-98.)
 
2    (70 ILCS 200/185-55)
3    Sec. 185-55. Standard civic center provisions incorporated
4by reference. The following Sections of this Code are
5incorporated by reference into this Article:
6    Section 2-5. Definitions.
7    Section 2-10. Lawsuits; common seal.
8    Section 2-16. Duties; auditorium and other buildings;
9lease of space.
10    Section 2-25. Incurring obligations.
11    Section 2-35. Acquisition of property from person, State,
12or local agency.
13    Section 2-40. Federal money.
14    Section 2-45. Insurance.
15    Section 2-60. Investment in bonds.
16    Section 2-76. Board members; financial matters;
17compensation for secretary or treasurer; conflict of interest.
18    Section 2-80. Board members' oath.
19    Section 2-83. Removal of Board member from office.
20    Section 2-85. Board members; vacancy in office.
21    Section 2-90. Organization of the Board.
22    Section 2-95. Meetings; action by 5 Board members.
23    Section 2-101. Secretary; treasurer; funds deposited in
24bank or savings and loan association.
25    Section 2-106. Funds; compliance with Public Funds

 

 

HB5391- 215 -LRB104 18487 RTM 31929 b

1Investment Act.
2    Section 2-110. Signatures on checks or drafts.
3    Section 2-115. General manager; other appointments.
4    Section 2-120. Ordinances, rules, and regulations; fines
5and penalties.
6    Section 2-127. Contracts; award to other than highest or
7lowest bidder by four-fifths vote.
8    Section 2-130. Bids and advertisements.
9    Section 2-135. Report and financial statement.
10    Section 2-140. State financial support.
11    Section 2-145. Anti-trust laws.
12    Section 2-150. Tax exemption.
13(Source: P.A. 90-328, eff. 1-1-98.)
 
14    (70 ILCS 200/190-55)
15    Sec. 190-55. Standard civic center provisions incorporated
16by reference. The following Sections of this Code are
17incorporated by reference into this Article:
18    Section 2-5. Definitions.
19    Section 2-10. Lawsuits; common seal.
20    Section 2-17. Duties; auditorium and other buildings.
21    Section 2-21. Rights and powers.
22    Section 2-25. Incurring obligations.
23    Section 2-30. Prompt payment.
24    Section 2-36. Acquisition of property from person or
25governmental agency.

 

 

HB5391- 216 -LRB104 18487 RTM 31929 b

1    Section 2-40. Federal money.
2    Section 2-45. Insurance.
3    Section 2-51. Borrowing; revenue bonds; mandamus or other
4actions to compel performance.
5    Section 2-75. Board members; financial matters; conflict
6of interest.
7    Section 2-80. Board members' oath.
8    Section 2-83. Removal of Board member from office.
9    Section 2-85. Board members; vacancy in office.
10    Section 2-90. Organization of the Board.
11    Section 2-96. Meetings; action by 4 Board members.
12    Section 2-101. Secretary; treasurer; funds deposited in
13bank or savings and loan association.
14    Section 2-106. Funds; compliance with Public Funds
15Investment Act.
16    Section 2-110. Signatures on checks or drafts.
17    Section 2-120. Ordinances, rules, and regulations; fines
18and penalties.
19    Section 2-127. Contracts; award to other than highest or
20lowest bidder by four-fifths vote.
21    Section 2-130. Bids and advertisements.
22    Section 2-135. Report and financial statement.
23    Section 2-140. State financial support.
24    Section 2-145. Anti-trust laws.
25    Section 2-150. Tax exemption.
26(Source: P.A. 90-328, eff. 1-1-98.)
 

 

 

HB5391- 217 -LRB104 18487 RTM 31929 b

1    (70 ILCS 200/195-35)
2    Sec. 195-35. Standard civic center provisions incorporated
3by reference. The following Sections of this Code are
4incorporated by reference into this Article:
5    Section 2-3. Purpose.
6    Section 2-5. Definitions.
7    Section 2-10. Lawsuits; common seal.
8    Section 2-15. Duties; auditorium, recreational, and other
9buildings; lease of space.
10    Section 2-20. Rights and powers, including eminent domain.
11    Section 2-25. Incurring obligations.
12    Section 2-30. Prompt payment.
13    Section 2-35. Acquisition of property from person, State,
14or local agency.
15    Section 2-40. Federal money.
16    Section 2-45. Insurance.
17    Section 2-50. Borrowing; revenue bonds; suits to compel
18performance.
19    Section 2-55. Bonds; nature of indebtedness.
20    Section 2-60. Investment in bonds.
21    Section 2-75. Board members; financial matters; conflict
22of interest.
23    Section 2-80. Board members' oath.
24    Section 2-85. Board members; vacancy in office.
25    Section 2-90. Organization of the Board.

 

 

HB5391- 218 -LRB104 18487 RTM 31929 b

1    Section 2-95. Meetings; action by 5 Board members.
2    Section 2-100. Secretary; treasurer.
3    Section 2-105. Funds.
4    Section 2-110. Signatures on checks or drafts.
5    Section 2-115. General manager; other appointments.
6    Section 2-122. Rules and regulations; penalties.
7    Section 2-125. Contracts; award to other than highest or
8lowest bidder by vote of 5 Board members.
9    Section 2-130. Bids and advertisements.
10    Section 2-132. Bidders; civil action to compel compliance.
11    Section 2-135. Report and financial statement.
12    Section 2-140. State financial support.
13    Section 2-145. Anti-trust laws.
14    Section 2-150. Tax exemption.
15(Source: P.A. 90-328, eff. 1-1-98.)
 
16    (70 ILCS 200/200-65)
17    Sec. 200-65. Standard civic center provisions incorporated
18by reference. The following Sections of this Code are
19incorporated by reference into this Article:
20    Section 2-5. Definitions.
21    Section 2-10. Lawsuits; common seal.
22    Section 2-16. Duties; auditorium and other buildings;
23lease of space.
24    Section 2-25. Incurring obligations.
25    Section 2-30. Prompt payment.

 

 

HB5391- 219 -LRB104 18487 RTM 31929 b

1    Section 2-35. Acquisition of property from person, State,
2or local agency.
3    Section 2-40. Federal money.
4    Section 2-45. Insurance.
5    Section 2-50. Borrowing; revenue bonds; suits to compel
6performance.
7    Section 2-60. Investment in bonds.
8    Section 2-76. Board members; financial matters;
9compensation for secretary or treasurer; conflict of interest.
10    Section 2-80. Board members' oath.
11    Section 2-83. Removal of Board member from office.
12    Section 2-85. Board members; vacancy in office.
13    Section 2-90. Organization of the Board.
14    Section 2-100. Secretary; treasurer.
15    Section 2-105. Funds.
16    Section 2-110. Signatures on checks or drafts.
17    Section 2-115. General manager; other appointments.
18    Section 2-120. Ordinances, rules, and regulations; fines
19and penalties.
20    Section 2-130. Bids and advertisements.
21    Section 2-135. Report and financial statement.
22    Section 2-140. State financial support.
23    Section 2-145. Anti-trust laws.
24    Section 2-150. Tax exemption.
25(Source: P.A. 90-328, eff. 1-1-98.)
 

 

 

HB5391- 220 -LRB104 18487 RTM 31929 b

1    (70 ILCS 200/205-105)
2    Sec. 205-105. Standard civic center provisions
3incorporated by reference. The following Sections of this Code
4are incorporated by reference into this Article:
5    Section 2-5. Definitions.
6    Section 2-10. Lawsuits; common seal.
7    Section 2-45. Insurance.
8    Section 2-135. Report and financial statement.
9    Section 2-140. State financial support.
10    Section 2-145. Anti-trust laws.
11    Section 2-150. Tax exemption.
12(Source: P.A. 90-328, eff. 1-1-98.)
 
13    (70 ILCS 200/250-40)
14    Sec. 250-40. Standard civic center provisions incorporated
15by reference. The following Sections of this Code are
16incorporated by reference into this Article:
17    Section 2-5. Definitions.
18    Section 2-10. Lawsuits; common seal.
19    Section 2-17. Duties; auditorium and other buildings.
20    Section 2-21. Rights and powers.
21    Section 2-25. Incurring obligations.
22    Section 2-36. Acquisition of property from person or
23governmental agency.
24    Section 2-40. Federal money.
25    Section 2-45. Insurance.

 

 

HB5391- 221 -LRB104 18487 RTM 31929 b

1    Section 2-51. Borrowing; revenue bonds; mandamus or other
2actions to compel performance.
3    Section 2-75. Board members; financial matters; conflict
4of interest.
5    Section 2-80. Board members' oath.
6    Section 2-83. Removal of Board member from office.
7    Section 2-85. Board members; vacancy in office.
8    Section 2-90. Organization of the Board.
9    Section 2-96. Meetings; action by 4 Board members.
10    Section 2-101. Secretary; treasurer; funds deposited in
11bank or savings and loan association.
12    Section 2-106. Funds; compliance with Public Funds
13Investment Act.
14    Section 2-110. Signatures on checks or drafts.
15    Section 2-115. General manager; other appointments.
16    Section 2-120. Ordinances, rules, and regulations; fines
17and penalties.
18    Section 2-127. Contracts; award to other than highest or
19lowest bidder by four-fifths vote.
20    Section 2-130. Bids and advertisements.
21    Section 2-135. Report and financial statement.
22    Section 2-140. State financial support.
23    Section 2-145. Anti-trust laws.
24    Section 2-150. Tax exemption.
25(Source: P.A. 90-328, eff. 1-1-98.)
 

 

 

HB5391- 222 -LRB104 18487 RTM 31929 b

1    (70 ILCS 200/255-130)
2    Sec. 255-130. Standard civic center provisions
3incorporated by reference. The following Sections of this Code
4are incorporated by reference into this Article:
5    Section 2-5. Definitions.
6    Section 2-10. Lawsuits; common seal.
7    Section 2-25. Incurring obligations.
8    Section 2-30. Prompt payment.
9    Section 2-35. Acquisition of property from person, State,
10or local agency.
11    Section 2-45. Insurance.
12    Section 2-60. Investment in bonds.
13    Section 2-76. Board members; financial matters;
14compensation for secretary or treasurer; conflict of interest.
15    Section 2-101. Secretary; treasurer; funds deposited in
16bank or savings and loan association.
17    Section 2-110. Signatures on checks or drafts.
18    Section 2-115. General manager; other appointments.
19    Section 2-120. Ordinances, rules, and regulations; fines
20and penalties.
21    Section 2-128. Contracts; award to other than highest or
22lowest bidder by three-fourths vote.
23    Section 2-130. Bids and advertisements.
24    Section 2-135. Report and financial statement.
25    Section 2-140. State financial support.
26    Section 2-145. Anti-trust laws.

 

 

HB5391- 223 -LRB104 18487 RTM 31929 b

1    Section 2-150. Tax exemption.
2    Section 2-155. Partial invalidity.
3(Source: P.A. 90-328, eff. 1-1-98.)
 
4    (70 ILCS 200/280-90)
5    Sec. 280-90. Standard civic center provisions incorporated
6by reference. The following Sections of this Code are
7incorporated by reference into this Article:
8    Section 2-3. Purpose.
9    Section 2-5. Definitions.
10    Section 2-10. Lawsuits; common seal.
11    Section 2-25. Incurring obligations.
12    Section 2-30. Prompt payment.
13    Section 2-35. Acquisition of property from person, State,
14or local agency.
15    Section 2-45. Insurance.
16    Section 2-60. Investment in bonds.
17    Section 2-76. Board members; financial matters;
18compensation for secretary or treasurer; conflict of interest.
19    Section 2-80. Board members' oath.
20    Section 2-101. Secretary; treasurer; funds deposited in
21bank or savings and loan association.
22    Section 2-110. Signatures on checks or drafts.
23    Section 2-115. General manager; other appointments.
24    Section 2-120. Ordinances, rules, and regulations; fines
25and penalties.

 

 

HB5391- 224 -LRB104 18487 RTM 31929 b

1    Section 2-130. Bids and advertisements.
2    Section 2-132. Bidders; civil action to compel compliance.
3    Section 2-135. Report and financial statement.
4    Section 2-140. State financial support.
5    Section 2-145. Anti-trust laws.
6    Section 2-150. Tax exemption.
7(Source: P.A. 90-328, eff. 1-1-98.)
 
8    (70 ILCS 200/15-35 rep.)
9    (70 ILCS 200/20-65 rep.)
10    (70 ILCS 200/30-30 rep.)
11    (70 ILCS 200/50-30 rep.)
12    (70 ILCS 200/55-55 rep.)
13    (70 ILCS 200/100-50 rep.)
14    (70 ILCS 200/110-30 rep.)
15    (70 ILCS 200/125-45 rep.)
16    (70 ILCS 200/155-60 rep.)
17    (70 ILCS 200/175-25 rep.)
18    (70 ILCS 200/185-50 rep.)
19    (70 ILCS 200/190-50 rep.)
20    (70 ILCS 200/195-30 rep.)
21    (70 ILCS 200/200-60 rep.)
22    (70 ILCS 200/205-85 rep.)
23    (70 ILCS 200/250-35 rep.)
24    (70 ILCS 200/255-110 rep.)
25    (70 ILCS 200/280-85 rep.)

 

 

HB5391- 225 -LRB104 18487 RTM 31929 b

1    Section 900-70. The Civic Center Code is amended by
2repealing Sections 15-35, 20-65, 30-30, 50-30, 55-55, 100-50,
3110-30, 125-45, 155-60, 175-25, 185-50, 190-50, 195-30,
4200-60, 205-85, 250-35, 255-110, and 280-85.
 
5    Section 900-75. The Metropolitan Pier and Exposition
6Authority Act is amended by changing Section 26 as follows:
 
7    (70 ILCS 210/26)  (from Ch. 85, par. 1246)
8    Sec. 26. Government Reporting Enhancement and Transparency
9Act.
10    (a) For fiscal years ending before January 1, 2028, as As
11soon after the end of each fiscal year as may be expedient, the
12Board shall cause to be prepared and printed a complete and
13detailed report and financial statement of its operations and
14of its assets and liabilities. A reasonably sufficient number
15of copies of such report shall be printed for distribution to
16persons interested, upon request, and a copy thereof shall be
17filed with the Governor, the Mayor, the General Assembly and
18the Park District President. Within 6 months after the
19effective date of this amendatory Act of 1985, or as soon
20thereafter as is possible, the Authority shall adopt an
21accounting system which shall not be implemented until it has
22been approved by the Auditor General as appropriate for the
23Authority's operations.
24    (b) With respect to construction by the Authority funded

 

 

HB5391- 226 -LRB104 18487 RTM 31929 b

1in whole or in part with State or borrowed funds, including the
2Project, the Authority shall prepare a monthly report of the
3progress of construction. The report shall include a
4discussion of: (1) the status of construction; (2) delays or
5anticipated delays in the completion of the construction; (3)
6cost overruns; (4) funds available for construction and the
7current construction budget; (5) the status of the
8implementation of the Authority's affirmative action program
9by contractor, trade and levels of skill; and (6) any
10problems, or anticipated problems, with respect to
11construction or costs of construction. The monthly reports
12required by this Section shall be submitted to the Governor,
13the Mayor and the General Assembly.
14    In connection with any construction by the Authority
15funded in whole or in part by State or borrowed funds,
16including the Project, the Authority will, when such
17construction is to be done by a general contractor or a
18construction manager operating in a general contractor
19capacity, institute a quality assurance program, including
20independent quality control inspections. The Authority will
21file not less frequently than quarterly written reports on the
22results of its quality assurance program with the Governor,
23the Mayor and the General Assembly.
24    (c) For fiscal years beginning after December 31, 2027,
25notwithstanding any other provision of law to the contrary,
26the operations and fiscal activities of the Authority shall be

 

 

HB5391- 227 -LRB104 18487 RTM 31929 b

1subject to the Government Reporting Enhancement and
2Transparency Act.
3(Source: P.A. 84-1027.)
 
4    Section 900-80. The Soil and Water Conservation Districts
5Act is amended by changing Section 7 as follows:
 
6    (70 ILCS 405/7)  (from Ch. 5, par. 112)
7    Sec. 7. Employees and assistance of other agencies.
8    (a) Subject to the provisions of the "Personnel Code"
9enacted by the 69th General Assembly, the Department may
10employ an administrative officer, technical experts and such
11other agents and employees, permanent and temporary, as it may
12require. The Department may call upon the Attorney General of
13the State for such legal services as it may require. The
14Department shall require surety bonds for all its officers and
15employees who are entrusted with funds or property under this
16Act and shall provide for an annual audit of their accounts for
17fiscal years ending before January 1, 2028. The Department may
18establish and provide suitable office accommodations and the
19necessary supplies and equipment.
20    (b) Upon request of the Department, for the purpose of
21carrying out any of its functions, the supervising officer of
22any State agency, or of any State institution of learning
23shall, in so far as may be possible under available
24appropriations, and having due regard to the needs of the

 

 

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1agency to which the request is directed, assign or detail to
2the Department members of the staff or personnel of such
3agency or institution of learning and make such special
4reports, surveys or studies as the Department may request.
5    (c) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of the Board shall be
8subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: Laws 1955, p. 2146.)
 
11    Section 900-85. The Conservation District Act is amended
12by changing Sections 6 and 15.6 as follows:
 
13    (70 ILCS 410/6)  (from Ch. 96 1/2, par. 7106)
14    Sec. 6. Officers and employees.
15    (a) As soon as possible after the initial election or the
16initial appointments, as the case may be, the trustees shall
17organize by selecting from their members a president,
18secretary, treasurer, and other officers as are deemed
19necessary, who shall hold office for 2 years in the case of an
20elected board, or the fiscal year in which elected in the case
21of an appointed board, and until their successors are selected
22and qualify. Three trustees shall constitute a quorum of the
23board for the transaction of business if the district has 5
24trustees. If the district has 7 trustees, 4 trustees shall

 

 

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1constitute a quorum of the board for the transaction of
2business. The board shall hold regular monthly meetings.
3Special meetings may be called by the president and shall be
4called on the request of a majority of members, as may be
5required.
6    (b) The board shall provide for the proper and safe
7keeping of its permanent records and for the recording of the
8corporate action of the district. It shall keep a proper
9system of accounts showing a true and accurate record of its
10receipts and disbursements, and it shall cause an annual audit
11to be made of its books, records, and accounts for fiscal years
12ending before January 1, 2028.
13    (c) For fiscal years beginning after December 31, 2027,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of the board shall be
16subject to the Government Reporting Enhancement and
17Transparency Act.
18    (d) The records of the district shall be subject to public
19inspection at all reasonable hours and under regulations as
20the board may prescribe.
21    (e) The district shall annually make a full and complete
22report to the county board of each county within the district
23and to the Department of Natural Resources of its transactions
24and operations for the preceding year. The report shall
25contain a full statement of its receipts, disbursements, and
26the program of work for the period covered, and may include

 

 

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1recommendations as may be deemed advisable.
2    (f) Executive or ministerial duties may be delegated to
3one or more trustees or to an authorized officer, employee,
4agent, attorney, or other representative of the district.
5    (g) All officers and employees authorized to receive or
6retain the custody of money or to sign vouchers, checks,
7warrants, or evidences of indebtedness binding upon the
8district shall furnish surety bond for the faithful
9performance of their duties and the faithful accounting for
10all moneys that may come into their hands in an amount to be
11fixed and in a form to be approved by the board.
12    (h) All contracts for supplies, material, or work
13involving an expenditure in excess of $60,000 for supplies or
14materials and $30,000 for work, or a lower amount for any
15contract for supplies, material, or work if required by board
16policy, shall be let to the lowest responsible bidder, after
17due advertisement, excepting work requiring personal
18confidence or necessary supplies under the control of
19monopolies, where competitive bidding is impossible, or as
20otherwise provided in the Forest Preserve District and
21Conservation District Design-Build Authorization Act. All
22contracts for supplies, material, or work shall be signed by
23the president of the board and by any other officer as the
24board in its discretion may designate.
25(Source: P.A. 104-114, eff. 8-1-25.)
 

 

 

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1    (70 ILCS 410/15.6)  (from Ch. 96 1/2, par. 7122)
2    Sec. 15.6. Revenue and audits.
3    (a) All revenue derived from the operation of such
4facility or facilities constructed, equipped, extended or
5improved in whole or in part with the proceeds of any bonds
6issued under Sections 15.2 through 15.9 of this Act for the
7construction, equipping, extension, or improvement of such
8facility or facilities shall be deposited in a separate fund.
9Each fund shall be used only for paying the cost of operation
10and maintenance of the recreational facility or facilities or
11any combination thereof constructed, equipped, extended or
12improved in whole or in part with the proceeds of such bonds so
13issued for such facility or facilities, and for paying the
14principal of and interest on the bonds so issued and creating
15the accounts provided for by the ordinance authorizing their
16issuance.
17    (b) The district shall install and maintain a proper
18system of account for each fund, showing the amount received
19and disbursed from the operation of such facility or
20facilities.
21    (c) For fiscal years ending before January 1, 2028, at At
22least once each year the district shall have such accounts for
23bonds properly audited, and the report of this audit shall be
24open to the public for inspection at all times.
25    (d) For fiscal years beginning after December 31, 2027,
26notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of the Board shall be
2subject to the Government Reporting Enhancement and
3Transparency Act.
4(Source: P.A. 77-1330.)
 
5    Section 900-90. The Illinois Drainage Code is amended by
6changing Section 4-32 and by adding Section 4-50 as follows:
 
7    (70 ILCS 605/4-32)  (from Ch. 42, par. 4-32)
8    Sec. 4-32. Financial Reports of Commissioners. On or
9before the last day of November in each year, and more often if
10the court so requires, the commissioners shall make a report,
11under oath, to the court, showing the amount of money
12collected by the district since the last preceding report and
13the manner in which the funds of the district at the beginning
14and the end of the period reported have been expended during
15that period. Such report shall also contain an itemized
16statement of the notes, bonds and orders, if any, outstanding
17and unpaid at the close of the report period and the balance on
18hand in the treasury of the district. Upon the filing of the
19report with the clerk of the court, the same shall be presented
20to the court, and the clerk of the court shall give notice of
21the date on or before which objections must be filed by
22publishing a notice thereof in a newspaper of general
23circulation in the county in which the district was organized.
24Any owner of land within the district may file an objection to

 

 

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1the report with the clerk of the court within 10 days after the
2publication of the notice. If any objections are filed within
3the time prescribed, the court shall set a hearing at a time
4not later than 4 weeks after the date of the filing of the
5report. If no objection to the report is filed, the court may
6approve the report without a hearing. At a hearing on the
7report the court shall hear evidence on any and all objections
8which may be urged against the report and evidence in support
9thereof and may continue the hearing to a day certain or from
10time to time. At the conclusion of a hearing, the court may
11approve the report, disapprove the report or order the report
12modified or amended. Upon the approval of a report, the same
13shall be recorded in the drainage record. Copies of any the
14financial reports covering any portion of the period since the
15last annual meeting of the district report shall be available
16at the annual meeting of the district under Section 4-12 of
17this Code.
18(Source: P.A. 86-129; 86-297; 86-1028.)
 
19    (70 ILCS 605/4-50 new)
20    Sec. 4-50. Government Reporting Enhancement and
21Transparency Act.
22    (a) For fiscal years ending before January 1, 2028,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of the district shall be
25subject to the Governmental Account Audit Act.

 

 

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1    (b) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the district shall be
4subject to the Government Reporting Enhancement and
5Transparency Act.
 
6    Section 900-95. The Fire Protection District Act is
7amended by changing Sections 6.1, 11a, and 11i as follows:
 
8    (70 ILCS 705/6.1)  (from Ch. 127 1/2, par. 26.1)
9    Sec. 6.1. Government Reporting Enhancement and
10Transparency Act.
11    (a) For fiscal years ending before January 1, 2028, when
12When an audit is required under the Governmental Account Audit
13Act, the trustees of the Fire Protection District created
14under this Act shall employ a person licensed to practice
15public accounting under the laws of this State to annually
16audit the district's financial statements of all accounts,
17funds, and other moneys in the care, custody, or control of the
18trustees. The audit shall be conducted in accordance with
19Generally Accepted Auditing Standards and in accordance with
20the Governmental Account Audit Act. A fire protection district
21receiving revenues of less than $850,000 for the fiscal year
22shall prepare the financial report required by Section 3 of
23the Governmental Account Audit Act. In addition to any other
24filing requirements, the audit report or financial report

 

 

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1shall be filed with the county clerk of the county in which the
2Fire Protection District was organized as a public record and
3a copy thereof shall be filed with the secretary of the
4district as part of its corporate records.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of a fire protection
8district created under this Act shall be subject to the
9Government Reporting Enhancement and Transparency Act.
10(Source: P.A. 93-126, eff. 1-1-04.)
 
11    (70 ILCS 705/11a)  (from Ch. 127 1/2, par. 31a)
12    Sec. 11a. (a) The Board of Trustees of any fire protection
13district organized hereunder may contract with any corporation
14organized to furnish fire protection service or with any
15association organized to furnish fire protection service or
16with any city, village, incorporated town, or organized fire
17protection district lying adjacent to such district for fire
18protection service to be furnished by such corporation or such
19association or such municipality or fire protection district
20for the property within such district or to be furnished by
21such district for the property within such municipality. The
22board of trustees may also contract for the installation,
23rental or use of fire hydrants within the fire protection
24district and for the furnishing of water to be used within such
25district for fire protection purposes, and for mutual aid from

 

 

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1and to other fire protection districts, and for mutual aid
2from and to corporations and associations organized to furnish
3fire protection service and for mutual aid from and to
4municipalities.
5    (b) For fiscal years ending before January 1, 2028, when
6When the Board of Trustees of a Fire Protection District
7purchases fire protection services from an organization
8(specifically including without limitation a city, village,
9incorporated town, or adjacent fire protection district) that
10is required to be audited by "An Act in relation to audits of
11the accounts of certain governmental units and to repeal an
12Act therein named", approved May 10, 1967, or by The Illinois
13Municipal Auditing Law, the scope of the audit of the
14organization providing the fire protection services shall be
15expanded to require the licensed public accountant performing
16the audit to specifically report on compliance with the terms
17of the contract as it relates to financial matters, including
18but not limited to the amount charged to the purchasing Fire
19Protection District. To the extent possible, the financial
20statements of the providing organization shall segregate
21accounts relating to fire protection service transactions and
22present them as a separate fund or as a separate department
23within a fund. A copy of the providing organization audit
24report shall be furnished to the purchasing Fire Protection
25District within 6 months after the close of the fiscal year of
26the organization providing the fire protection services.

 

 

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1    (c) For fiscal years ending before January 1, 2028, when
2When the Board of Trustees of a Fire Protection District
3purchases fire protection services from an organization
4(specifically including without limitation a not-for-profit
5corporation or a for-profit corporation or association) that
6is not required to be audited by "An Act in relation to audits
7of the accounts of certain governmental units and to repeal an
8Act therein named", approved May 10, 1967, or by The Illinois
9Municipal Auditing Law, the organization providing the fire
10protection services shall employ a person licensed to practice
11public accounting under the laws of this State to annually
12audit the providing organization's financial statements of all
13accounts, funds, and other moneys in the care, custody, or
14control of the providing organization. Such audit shall be
15conducted in accordance with Generally Accepted Auditing
16Standards and the scope of such audit shall be expanded to
17require the licensed public accountant performing the audit to
18specifically report on compliance with the terms of the
19contract as it relates to financial matters, including but not
20limited to the amount charged to the purchasing Fire
21Protection District. To the extent possible, the financial
22statements of the providing organization shall segregate
23accounts relating to fire protection service transactions and
24present them as a separate fund or as a separate department
25within a fund. A copy of the providing organization audit
26report shall be furnished to the purchasing Fire Protection

 

 

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1District within 6 months after the close of the fiscal year of
2the organization providing the fire protection services.
3Within 15 days after the first meeting of the board of
4directors or trustees of the organization providing the fire
5protection services that occurs after receiving the audit
6report, the organization providing the fire protection
7services shall publish excerpts from the audit report that
8relate to fire protection service operations in accordance
9with Section 7 of this Act. When fire protection services are
10rendered in more than one geographic area, publication or
11distribution should be made in each geographic area served.
12(Source: P.A. 86-216; 86-1023.)
 
13    (70 ILCS 705/11i)
14    Sec. 11i. Department foreign fire insurance board.
15    (a) A department foreign fire insurance board shall exist
16within the fire department of each fire protection district
17that has an organized fire department, employs full-time
18firefighters, and is subject to a collective bargaining
19agreement.
20    (b) The board shall consist of 7 trustees; the fire chief,
21who shall hold office by virtue of rank, and 6 members, who
22shall be elected at large by the sworn members of the
23department. If there are an insufficient number of candidates
24to fill all these positions, the number of board members may be
25reduced, but not to fewer than 3 trustees. All sworn members of

 

 

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1the department shall be eligible to vote for and be elected as
2officers of the board.
3    (c) The members of the board shall annually elect
4officers. These officers shall be a chairman and a treasurer.
5    (d) The trustees of the board shall make rules with
6respect to the board and the management of the money to be
7appropriated to the board.
8    (e) The treasurer of the board shall give a sufficient
9bond to the board of trustees of the fire protection district,
10conditioned upon the faithful performance by the treasurer of
11his or her duties under this Section. This bond must be
12approved by the board of trustees of the fire protection
13district.
14    (f) The officers of the department foreign fire insurance
15board shall develop and maintain a listing of those items that
16the board feels are appropriate expenditures under this
17Section. The officers shall make rules concerning the board
18and the management of the money appropriated to the board.
19    (g) All of the money paid to the secretary of the fire
20protection district under Section 11-10-1 of the Illinois
21Municipal Code (65 ILCS 5/11-10-1) shall be set apart and
22shall be appropriated annually by the board of trustees of the
23fire protection district to the department foreign fire
24insurance board.
25    (h) The treasurer of the department foreign fire insurance
26board shall receive the appropriated money and shall pay out

 

 

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1the money upon the order of the board for the maintenance, use,
2and benefit of the department. For fiscal years ending before
3January 1, 2028, as As part of the fire protection district's
4annual audit, these funds shall be audited to verify that the
5funds have been expended by the board only for the
6maintenance, use, and benefit of the department.
7(Source: P.A. 96-505, eff. 8-14-09.)
 
8    Section 900-100. The Flood Prevention District Act is
9amended by changing Section 35 as follows:
 
10    (70 ILCS 750/35)
11    Sec. 35. Financial audit of the District.
12    (a) For fiscal years ending before January 1, 2028, a A
13financial audit of the District shall be conducted annually by
14a certified public accountant (CPA) that is licensed at the
15time of the audit by the Illinois Department of Financial and
16Professional Regulation. The CPA shall meet all of the general
17standards concerning qualifications, independence, due
18professional care, and quality control as required by the
19Government Auditing Standards, 1994 Revision, Chapter 3,
20including the requirements for continuing professional
21education and external peer review. The financial audit is to
22be performed in accordance with generally accepted auditing
23standards issued by the American Institute of Certified Public
24Accountants (AICPA) for field work and reporting, generally

 

 

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1accepted government auditing standards (GAGAS) and AICPA
2Statements on Auditing Standards (SAS) current at the time the
3audit is commenced. The audit shall be made publicly available
4and sent to the county board chairman of the county in which
5the district is situated and to the Illinois Secretary of
6State.
7    (b) For fiscal years beginning after December 31, 2027,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of the District created
10under this Act shall be subject to the Government Reporting
11Enhancement and Transparency Act.
12(Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)
 
13    Section 900-105. The Beardstown Regional Flood Prevention
14District Act is amended by changing Section 30 as follows:
 
15    (70 ILCS 755/30)
16    Sec. 30. Financial audit of the district.
17    (a) For fiscal years ending before January 1, 2028, a A
18financial audit of the district shall be conducted annually by
19a certified public accountant (CPA) that is licensed at the
20time of the audit by the Illinois Department of Financial and
21Professional Regulation. The CPA shall meet all of the general
22standards concerning qualifications, independence, due
23professional care, and quality control as required by the
24Government Auditing Standards, 1994 Revision, Chapter 3,

 

 

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1including the requirements for continuing professional
2education and external peer review. The financial audit is to
3be performed in accordance with generally accepted auditing
4standards issued by the American Institute of Certified Public
5Accountants (AICPA) for field work and reporting, generally
6accepted government auditing standards (GAGAS), and AICPA
7Statements on Auditing Standards (SAS) current at the time the
8audit is commenced. The audit shall be made publicly available
9and sent to the county board chairperson and to the Secretary
10of State.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of the District created
14under this Act shall be subject to the Government Reporting
15Enhancement and Transparency Act.
16(Source: P.A. 97-309, eff. 8-11-11.)
 
17    Section 900-110. The Downstate Forest Preserve District
18Act is amended by changing Sections 13.3, 13.7, and 18.5 as
19follows:
 
20    (70 ILCS 805/13.3)  (from Ch. 96 1/2, par. 6326)
21    Sec. 13.3. (a) The board of each forest preserve district
22organized under this Act shall fix a fiscal year for the
23district. The board shall, within or before the first quarter
24of each fiscal year, adopt an annual appropriation ordinance

 

 

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1appropriating such sums of money as may be required to defray
2all necessary expenses and liabilities of the district to be
3paid or incurred during the fiscal year.
4    (b) The failure of the board to adopt an annual
5appropriation ordinance or to otherwise comply with the
6provisions of this Section shall not affect the validity of
7any tax levy of the forest preserve district. The annual
8appropriation ordinance for any fiscal year need not be
9intended or required to be in support of or in relation to any
10tax levy made during that fiscal year.
11    (c) For fiscal years ending before January 1, 2028,
12nothing Nothing in this Act shall be construed as requiring
13any forest preserve district to change or as preventing any
14forest preserve district from changing from a cash basis of
15financing to a surplus or deficit basis of financing, or as
16requiring any forest preserve district to change or as
17preventing any forest preserve district from changing its
18system of accounting.
19    (d) Any forest preserve district that determines to change
20its fiscal year may adopt an annual appropriation ordinance
21for a transition period of more or less than 12 months as may
22be necessary to effect such change, and appropriations made
23for such transition period shall terminate with the close of
24such period.
25    (e) For fiscal years beginning after December 31, 2027,
26notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of any conservancy
2district organized under this Act created under this Act shall
3be subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 85-1165.)
 
6    (70 ILCS 805/13.7)
7    Sec. 13.7. Endowment Fund.
8    (a) Each forest preserve district may create, maintain,
9and increase a separate fund to be known as the "Endowment
10Fund" to pay all costs and expenses incurred or anticipated by
11the forest preserve district for the long-term maintenance and
12improvement of forest preserve facilities and lands, and for
13the future purchase of real property. Only one "Endowment
14Fund" may be created by a forest preserve district, but the
15fund may provide for the collection, maintenance, investment,
16and expenditure of monies for more than one purpose. All
17revenues deposited in the Endowment Fund shall be designated
18by purpose and appropriated and expended for the purpose for
19which it was designated. No appropriation in the Endowment
20Fund shall lapse, and the monies received and designated for a
21specific purpose shall not become part of the general funds of
22the district or considered an asset available for
23appropriation for another purpose in a subsequent year unless
24the purpose for which the monies were originally appropriated
25has been completed. Revenues deposited in the Endowment Fund

 

 

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1must come from private sources, whether received before, on,
2or after the effective date of this amendatory Act of 1995. No
3revenues shall come from any Federal, State, or local
4government source, except for those received as a result of
5agreements obligating the district to the long-term
6maintenance of improvements constructed on district lands. For
7fiscal years ending before January 1, 2028, the The Fund shall
8be audited annually by a licensed certified public accountant.
9    (b) For fiscal years beginning after December 31, 2027, if
10the Endowment Fund is a separate legal entity from the forest
11preserve district, notwithstanding any other provision of law
12to the contrary, the operations and fiscal activities of the
13Endowment Fund shall be subject to the Government Reporting
14Enhancement and Transparency Act.
15(Source: P.A. 89-119, eff. 7-7-95.)
 
16    (70 ILCS 805/18.5)  (from Ch. 96 1/2, par. 6339)
17    Sec. 18.5. All revenue derived from the operation of such
18facility or facilities constructed, equipped, acquired,
19extended or improved in whole or in part with the proceeds of
20any bonds issued under Sections 18.1 through 18.10 of this Act
21for the construction, equipping, acquisition, extension, or
22improvement of such facility or facilities shall be deposited
23in a separate fund. Each fund shall be used only for paying the
24cost of operation and maintenance of the recreational facility
25or facilities or any combination thereof constructed,

 

 

HB5391- 246 -LRB104 18487 RTM 31929 b

1equipped, acquired, extended or improved in whole or in part
2with the proceeds of such bonds so issued for such facility or
3facilities, and for paying the principal of and interest on
4the bonds so issued and creating the accounts provided for by
5the ordinance authorizing their issuance.
6    Such forest preserve district shall install and maintain a
7proper system of account for each fund, showing the amount
8received and disbursed from the operation of such facility or
9facilities. For fiscal years ending before January 1, 2028, at
10At least once each year, such district shall have such
11accounts for bonds properly audited, and the report of this
12audit shall be open to the public for inspection at all times.
13(Source: Laws 1968, p. 228.)
 
14    Section 900-115. The Cook County Forest Preserve District
15Act is amended by changing Sections 24 and 35 as follows:
 
16    (70 ILCS 810/24)  (from Ch. 96 1/2, par. 6427)
17    Sec. 24. Government Reporting Enhancement and Transparency
18Act.
19    (a) The fiscal year of each forest preserve district
20subject to this Act shall extend from January 1, until
21December 31. The forest preserve district shall, before the
22commencement or within 60 days after the commencement of each
23fiscal year, adopt an annual appropriation ordinance, which
24shall appropriate sums of money required to defray all

 

 

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1necessary expenses and liabilities of the district to be paid
2or incurred during that fiscal year. Transfers from one
3appropriation of any one fund to another of the same fund, not
4affecting the total amount appropriated, may be made at any
5meeting of the Board.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of each forest preserve
9district created under this Act shall be subject to the
10Government Reporting Enhancement and Transparency Act.
11(Source: P.A. 87-1191.)
 
12    (70 ILCS 810/35)  (from Ch. 96 1/2, par. 6438)
13    Sec. 35. All revenue derived from the operation of such
14facility or facilities constructed, equipped, acquired,
15extended or improved in whole or in part with the proceeds of
16any bonds issued under Sections 31 through 39 of this Act for
17the construction, equipping, acquisition, extension, or
18improvement of such facility or facilities shall be deposited
19in a separate fund. Each fund shall be used only for paying the
20cost of operation and maintenance of the recreational facility
21or facilities or any combination thereof constructed,
22equipped, acquired, extended or improved in whole or in part
23with the proceeds of such bonds so issued for such facility or
24facilities, and for paying the principal of and interest on
25the bonds so issued and creating the accounts provided for by

 

 

HB5391- 248 -LRB104 18487 RTM 31929 b

1the ordinance authorizing their issuance.
2    Such forest preserve district shall install and maintain a
3proper system of account for each fund, showing the amount
4received and disbursed from the operation of such facility or
5facilities. For fiscal years ending before January 1, 2028, at
6At least once each year, such district shall have such
7accounts for bonds properly audited, and the report of this
8audit shall be open to the public for inspection at all times.
9(Source: P.A. 80-320.)
 
10    Section 900-120. The Public Health District Act is amended
11by changing Sections 15 and 18 and by adding Section 16 as
12follows:
 
13    (70 ILCS 905/15)  (from Ch. 111 1/2, par. 15)
14    Sec. 15. Each board of health shall:
15    1. Hold an annual meeting in April of each year, at which
16meeting officers shall be elected for the ensuing year;
17    2. Hold meetings at least quarterly;
18    3. Hold special meetings upon a written request signed by
192 members and filed with the Secretary;
20    4. Levy, annually, subject to Section 21 in addition to
21all other taxes which are now or hereafter may be authorized to
22be levied on the aggregate valuation of all property within
23the public health district, a special "public health tax", not
24to exceed .1% of the value, as equalized or assessed by the

 

 

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1Department of Revenue, of all taxable property embraced within
2such public health district, according to the valuation of the
3same as made for the purpose of State and county taxation,
4which shall form, when collected, a fund to be known as the
5"public health fund", (i) except that the tax authorized by
6this subsection 4 may be levied at a rate over .1% but not to
7exceed .15%, not subject to Section 21 of this Act, if the
8board of health by resolution initiates a referendum to be
9held in accordance with the general election law and the
10question of authorizing a rate not to exceed .15% is approved
11by a majority of the electors voting on the question, and (ii)
12further except, if a public health district is situated within
13any county or multiple-county health department for whose
14benefit a tax is levied under "An Act in relation to the
15establishment and maintenance of county and multiple-county
16public health departments", approved July 9, 1943, as amended,
17the county clerk shall reduce and abate from the tax levied by
18the authority of this Act a rate which would produce an amount
19equal to the amount of the tax accruing to the public health
20district under the above-named Act. In any public health
21district in which a health department was established by a
22referendum prior to January 1, 1970, the board of health may,
23by a resolution adopted by at least a three-fifths vote and
24without subsequent referendum, levy a tax at a rate not to
25exceed the rate set forth above;
26    5. Appoint a medical health officer as the executive

 

 

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1officer of the board of health, who shall be a citizen of the
2United States or has made declaration of intention to become a
3citizen, who shall possess such qualifications as may be
4prescribed by the State Department of Public Health, or
5appoint a Public Health Administrator who shall possess such
6qualifications as may be prescribed by the State Department of
7Public Health as executive officer of the board of health,
8provided that the board of health shall make available medical
9supervision which is considered adequate by the Director of
10the Department of Public Health;
11    6. Appoint, upon the advice and approval of the executive
12officer, professional and technical personnel who meet the
13qualifications established by the State Department of Public
14Health and such clerical and other personnel as the executive
15officer deems necessary;
16    7. Fix the compensation of the medical health officer or
17administrator;
18    8. Provide, equip and maintain suitable offices,
19facilities and appliances for the health officer or
20administrator and his staff;
21    9. If determined necessary by the board of health,
22establish, equip and maintain an analytical biological and
23research laboratory;
24    10. Pay, from the "public health fund", the salary of the
25medical health officer or administrator and the salaries of
26all appointees and employees and the expenses of maintenance

 

 

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1of the public health department, including therein the expense
2of administering the sanitation and health laws and
3ordinances;
4    11. Consult with other private and public health agencies
5in the district on the development of local plans for the most
6efficient performance of health services;
7    12. Acquire, hold, lease and sell, in the name of the
8public health district, real estate and personal property;
9    13. Receive contributions of money or property and charge
10fees for health services;
11    14. Publish, annually, on or soon after the second Tuesday
12in April, in pamphlet form, for free distribution, an annual
13report showing the condition of their trust on April 1, of that
14year, the sums of money received from taxation and from other
15sources, giving the name of the donor, how all moneys have been
16expended and for what purpose, and such other statistics and
17information in regard to the work of the health department as
18they deem of general interest for fiscal years ending before
19January 1, 2028.
20(Source: P.A. 86-338.)
 
21    (70 ILCS 905/16 new)
22    Sec. 16. Government Reporting Enhancement and Transparency
23Act.
24    (a) For fiscal years ending before January 1, 2028,
25notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each public health
2district shall be subject to the Governmental Account Audit
3Act.
4    (b) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each public health
7district shall be subject to the Government Reporting
8Enhancement and Transparency Act.
 
9    Section 900-125. The Hospital District Law is amended by
10changing Section 18 as follows:
 
11    (70 ILCS 910/18)  (from Ch. 23, par. 1268)
12    Sec. 18. Government Reporting Enhancement and Transparency
13Act.
14    (a) The Board shall provide for the proper and safe
15keeping of its permanent records and for the recording of the
16corporate action of the District. It shall keep a true and
17accurate account of its receipts and an annual audit shall be
18made of its books, records and accounts for fiscal years
19ending before January 1, 2028. All officers and employees
20authorized to receive or retain the custody of money or to sign
21vouchers, checks, warrants or evidences of indebtedness
22binding upon the District shall furnish surety bond for the
23faithful performance of their duties and the faithful
24accounting for all moneys that may come into their hands in an

 

 

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1amount to be fixed and in a form to be approved by the board.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of the District shall be
5subject to the Government Reporting Enhancement and
6Transparency Act.
7(Source: Laws 1949, p. 361.)
 
8    Section 900-130. The Mosquito Abatement District Act is
9amended by adding Section 9.3 as follows:
 
10    (70 ILCS 1005/9.3 new)
11    Sec. 9.3. Government Reporting Enhancement and
12Transparency Act.
13    (a) For fiscal years ending before January 1, 2028,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of each district shall be
16subject to the Governmental Account Audit Act.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of each district shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
 
22    Section 900-135. The Museum District Act is amended by
23changing Section 20 as follows:
 

 

 

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1    (70 ILCS 1105/20)  (from Ch. 85, par. 6820)
2    Sec. 20. Fiscal year and appropriation ordinances.
3    (a) The board shall fix a fiscal year for the district. The
4board shall, within or before the first quarter of each fiscal
5year, adopt an annual appropriation ordinance appropriating
6the sums of money that will be required to defray all necessary
7expenses and liabilities of the district to be paid or
8incurred during the fiscal year.
9    (b) The failure of the board to adopt an annual
10appropriation ordinance or to otherwise comply with the
11provisions of this Section shall not affect the validity of
12any tax levy of the district. The annual appropriation
13ordinance for any fiscal year need not be intended or required
14to be in support of or in relation to any tax levy made during
15that fiscal year.
16    (c) A district that determines to change its fiscal year
17may adopt an appropriation ordinance for a transition period
18of more or less than 12 months as may be necessary to effect
19the change. Appropriations made for the transition period
20shall end with the close of the transition period.
21    (d) For fiscal years ending before January 1, 2028,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the district shall be
24subject to the Governmental Account Audit Act.
25    (e) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the district shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 86-477.)
 
6    Section 900-140. The Park District Code is amended by
7changing Sections 9-1d, 9.1-5, 9.2-5, and 9.3-5 and by adding
8Sections 2-29 and 8-58 as follows:
 
9    (70 ILCS 1205/2-29 new)
10    Sec. 2-29. Government Reporting Enhancement and
11Transparency Act.
12    (a) For fiscal years ending before January 1, 2028,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of each district shall be
15subject to the Governmental Account Audit Act.
16    (b) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of each district shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
 
21    (70 ILCS 1205/8-58 new)
22    Sec. 8-58. Government Reporting Enhancement and
23Transparency Act.

 

 

HB5391- 256 -LRB104 18487 RTM 31929 b

1    (a) For fiscal years ending before January 1, 2028,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the River Valley
4Special Recreation Association shall be subject to the
5Governmental Account Audit Act.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the River Valley
9Special Recreation Association shall be subject to the
10Government Reporting Enhancement and Transparency Act.
 
11    (70 ILCS 1205/9-1d)  (from Ch. 105, par. 9-1d)
12    Sec. 9-1d. Each park district which issues bonds and
13constructs a swimming pool, or an artificial ice skating rink,
14under Section 9-1 hereof shall charge for the use thereof at a
15rate which at all times is sufficient to pay maintenance and
16operation cost, depreciation, and the principal and interest
17on the bonds. Such district may make, enact, and enforce all
18needful rules and regulations for the construction,
19acquisition, improvement, extension, management, maintenance,
20care and protection of its swimming pool, or its artificial
21ice skating rink, and for the use thereof. Charges or rates for
22the use of the swimming pool, or the artificial ice skating
23rink, shall be such as the board may from time to time
24determine.
25    While any bond issued under Section 9-1 hereof is

 

 

HB5391- 257 -LRB104 18487 RTM 31929 b

1outstanding, such district is required to maintain and operate
2its swimming pool, or its artificial ice skating rink, as long
3as it can do so, out of the revenue derived from the operation
4thereof. It shall not sell, loan, mortgage, or in any other
5manner dispose of the swimming pool, or the artificial ice
6skating rink, until all of the bonds so issued have been paid
7in full, both principal and interest, or until provision has
8been made for the payment of all of the bonds and interest
9thereon in full. Nothing in this paragraph shall, however,
10prohibit any park district from leasing any such swimming pool
11or artificial ice skating rink to any municipality, school
12district, or other unit of local government, or from entering
13into any other agreement with any municipality, school
14district, or other unit of local government by which lease or
15other agreement such swimming pool or artificial ice skating
16rink may be operated and/or used in whole or in part by or for
17such municipality, school district or other unit of local
18government, where such lease or other agreement is not
19prohibited by the terms of such revenue bonds or the ordinance
20of the park district authorizing them and where the revenues
21of the park district derived from such lease or other
22agreement are deposited in the fund required by Section 9-1c
23hereof in connection with such revenue bonds.
24    Such a park district shall install and maintain a proper
25system of accounts, showing the amount of revenue received
26from the operation of its swimming pool, or its artificial ice

 

 

HB5391- 258 -LRB104 18487 RTM 31929 b

1skating rink. For fiscal years ending before January 1, 2028,
2at At least once each year, the district shall have the
3accounts properly audited. A report of this audit shall be
4open for public inspection at all times.
5(Source: P.A. 79-356.)
 
6    (70 ILCS 1205/9.1-5)  (from Ch. 105, par. 9.1-5)
7    Sec. 9.1-5. Each park district which issues bonds and
8acquires or constructs, or extends or improves a golf course
9and facilities shall charge for the use thereof at a rate which
10at all times is sufficient to pay maintenance and operation
11costs, depreciation, and the principal and interest on the
12bonds. Such district may make, enact, and enforce all needful
13rules and regulations for the construction, acquisition,
14improvement, extension, management, maintenance, care and
15protection of its golf course and for the use thereof. Charges
16or rates for the use of the golf course or courses shall be
17such as the board may from time to time determine.
18    While any bond issued under Section 9.1-1 of this Article
19is outstanding such district is required to maintain and
20operate its golf course or courses, as long as it can do so,
21out of the revenue derived from the operation thereof. It
22shall not sell, lease, loan, mortgage, or in any other manner
23dispose of the golf course or courses until all of the bonds so
24issued have been paid in full, both principal and interest, or
25until provision has been made for the payment of all of the

 

 

HB5391- 259 -LRB104 18487 RTM 31929 b

1bonds and interest thereon in full. Nothing in this Section
2prohibits any park district from leasing any such golf course
3and facilities to any school district, municipality, or other
4unit of local government, or from entering into any other
5agreement with any school district, municipality, or other
6unit of local government by which lease or other agreement
7such golf course and facilities may be operated or used in
8whole or in part by or for such school district, municipality,
9or other unit of local government, where such lease or other
10agreement is not prohibited by the terms of such revenue bonds
11or the ordinance of the park district authorizing them and
12where the revenues of the park district derived from such
13lease or other agreement are deposited in the fund required by
14Section 9.1-4 of this Act in connection with such revenue
15bonds.
16    Such a park district shall install and maintain a proper
17system of accounts, showing the amount of revenue received
18from the operation of its golf course. For fiscal years ending
19before January 1, 2028, at At least once each year, the
20district shall have the accounts properly audited. A report of
21this audit shall be open for public inspection at all times.
22(Source: P.A. 79-1423.)
 
23    (70 ILCS 1205/9.2-5)  (from Ch. 105, par. 9.2-5)
24    Sec. 9.2-5. Each park district which issues bonds and
25acquires or constructs or extends or improves indoor or

 

 

HB5391- 260 -LRB104 18487 RTM 31929 b

1outdoor tennis courts, handball, racquetball, or squash
2courts, or zoos and facilities shall charge for the use
3thereof at a rate which at all times is sufficient to pay
4maintenance and operation costs, depreciation, and the
5principal and interest on the bonds. Such district may make,
6enact and enforce all needful rules and regulations for the
7construction, acquisition, improvement, extension,
8management, maintenance, care and protection of its courts or
9zoo and for the use thereof. Charges or rates for the use of
10the courts or zoo facilities shall be such as the board may
11from time to time determine.
12    While any bond issued under Section 9.2-1 of this Article
13is outstanding such district is required to maintain and
14operate its tennis, handball, racquetball, or squash courts or
15zoo facilities as long as it can do so, out of the revenue
16derived from the operation thereof. It shall not sell, lease,
17loan, mortgage or in any other manner dispose of the courts or
18zoo facilities until all of the bonds so issued have been paid
19in full, both principal and interest, or until provision has
20been made for the payment of all the bonds and interest thereon
21in full. Nothing in this Section prohibits any park district
22from leasing any such indoor or outdoor tennis courts,
23handball, racquetball, or squash courts, or zoos and
24facilities to any school district, municipality, or other unit
25of local government or from entering into any other agreement
26with any school district, municipality, or other unit of local

 

 

HB5391- 261 -LRB104 18487 RTM 31929 b

1government by which lease or other agreement such indoor or
2outdoor tennis courts, handball, racquetball, or squash
3courts, or zoos and facilities may be operated or used in whole
4or in part by or for such school district, municipality, or
5other unit of local government, where such lease or other
6agreement is not prohibited by the terms of such revenue bonds
7or the ordinance of the park district authorizing them and
8where the revenues of the park district derived from such
9lease or other agreement are deposited in the fund required by
10Section 9.2-4 of this Act in connection with such revenue
11bonds.
12    Such a park district shall install and maintain a proper
13system of accounts, showing the amount of revenue received
14from the operation of its tennis, handball, racquetball, or
15squash courts or zoo. For fiscal years ending before January
161, 2028, at At least once each year, the district shall have
17the accounts properly audited. A report of this audit shall be
18open for public inspection at all times.
19(Source: P.A. 79-1423.)
 
20    (70 ILCS 1205/9.3-5)  (from Ch. 105, par. 9.3-5)
21    Sec. 9.3-5. Each park district which issues bonds and
22acquires or constructs, extends or improves indoor or outdoor
23recreational facilities under the provisions of this Article
24shall charge for the use thereof at a rate which at all times
25is sufficient to pay maintenance and operation costs,

 

 

HB5391- 262 -LRB104 18487 RTM 31929 b

1depreciation, and the principal and interest on the bonds.
2Such district may make, enact and enforce all needful rules
3and regulations for the construction, acquisition,
4improvements, extension, management, maintenance, care and
5protection of the facility and for the use thereof. Charges or
6rates for the use of the facility shall be such as the board
7may from time to time determine.
8    While any bond issued under Section 9.3-1 is outstanding
9such district is required to maintain and operate the facility
10as long as it can do so, out of the revenue derived from the
11operation thereof. It shall not sell, lease, loan, mortgage or
12in any other manner dispose of the facility or facilities
13until all of the bonds so issued have been paid in full, both
14principal and interest, or until provision has been made for
15the payment of all of the bonds and interest thereon in full.
16    Such park district shall install and maintain a proper
17system of accounts, showing the amount of revenue received
18from the operation of the facility. For fiscal years ending
19before January 1, 2028, at At least once each year, the
20district shall have the accounts properly audited. A report of
21this audit shall be open for public inspection at all times.
22(Source: P.A. 78-1256.)
 
23    Section 900-145. The Chicago Park District Act is amended
24by changing Section 26.10-3 as follows:
 

 

 

HB5391- 263 -LRB104 18487 RTM 31929 b

1    (70 ILCS 1505/26.10-3)  (from Ch. 105, par. 333.23u-3)
2    Sec. 26.10-3. Government Reporting Enhancement and
3Transparency Act.
4    (a) For fiscal years ending before January 1, 2028, as As
5soon after the end of each fiscal year as may be expedient, the
6commissioners shall cause to be prepared and printed a
7complete and detailed report and financial statement of the
8district's operations and of the district's assets and
9liabilities. A reasonably sufficient number of copies of such
10report shall be delivered to the appropriate committee of the
11Chicago City Council.
12    (b) For fiscal years beginning after December 31, 2027,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of the district shall be
15subject to the Government Reporting Enhancement and
16Transparency Act.
17(Source: P.A. 85-1411.)
 
18    Section 900-150. The Metro-East Park and Recreation
19District Act is amended by changing Section 45 as follows:
 
20    (70 ILCS 1605/45)
21    Sec. 45. Report.
22    (a) For fiscal years ending before January 1, 2028, the
23The board shall, by the end of the District's fiscal year,
24submit a financial report to the State Comptroller.

 

 

HB5391- 264 -LRB104 18487 RTM 31929 b

1    (b) For fiscal years ending before January 1, 2028,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the district shall be
4subject to the Governmental Account Audit Act.
5    (c) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of the district shall be
8subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: P.A. 91-103, eff. 7-13-99.)
 
11    Section 900-155. The Alexander-Cairo Port District Act is
12amended by changing Section 140 as follows:
 
13    (70 ILCS 1801/140)
14    Sec. 140. Report and financial statement.
15    (a) For fiscal years ending before January 1, 2028, within
16Within 60 days after the end of each fiscal year, the Board
17shall cause to be prepared and printed a complete and detailed
18report and financial statement of the operations and assets
19and liabilities of the Port District. A reasonably sufficient
20number of copies of the report shall be printed for
21distribution to persons interested, upon request, and a copy
22thereof shall be filed with the Governor and the county clerk
23and the presiding officer of the County Board of Alexander
24County. A copy of the report shall be addressed to and mailed

 

 

HB5391- 265 -LRB104 18487 RTM 31929 b

1to the corporate authorities of each municipality within the
2area of the District.
3    (b) For fiscal years beginning after December 31, 2027,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of the district shall be
6subject to the Government Reporting Enhancement and
7Transparency Act.
8(Source: P.A. 96-1015, eff. 7-8-10.)
 
9    Section 900-160. The Havana Regional Port District Act is
10amended by changing Section 33 as follows:
 
11    (70 ILCS 1805/33)  (from Ch. 19, par. 633)
12    Sec. 33. Government Reporting Enhancement and Transparency
13Act.
14    (a) For fiscal years ending before January 1, 2028, as As
15soon after the end of each fiscal year as may be expedient, the
16Board shall cause to be prepared and printed a complete and
17detailed report and financial statement of the Port District
18operations and of its assets and liabilities and a copy
19thereof shall be filed with the Governor, the county clerk of
20each county which is partially or wholly within the Port
21District, and a copy mailed to the Mayor and City Council or
22President and Board of Trustees of each municipality within
23the Port District.
24    (b) For fiscal years beginning after December 31, 2027,

 

 

HB5391- 266 -LRB104 18487 RTM 31929 b

1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the district shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: Laws 1967, p. 3589.)
 
6    Section 900-170. The Heart of Illinois Regional Port
7District Act is amended by changing Section 150 as follows:
 
8    (70 ILCS 1807/150)
9    Sec. 150. Report and financial statement.
10    (a) For fiscal years ending before January 1, 2028, as As
11soon after the end of each fiscal year as may be expedient, the
12Board shall prepare and print a complete and detailed report
13and financial statement of its operations and of its assets
14and liabilities. A reasonably sufficient number of copies of
15the report shall be printed for distribution to persons
16interested, upon request, and a copy of the report shall be
17filed with the Governor and the county clerk of each county
18that is within the area of the district. A copy of the report
19shall be addressed to and mailed to the mayor and city council
20or president and board of trustees of each municipality within
21the area of the district.
22    (b) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of the district shall be

 

 

HB5391- 267 -LRB104 18487 RTM 31929 b

1subject to the Government Reporting Enhancement and
2Transparency Act.
3(Source: P.A. 93-262, eff. 7-22-03.)
 
4    Section 900-175. The Illinois International Port District
5Act is amended by changing Section 22 as follows:
 
6    (70 ILCS 1810/22)  (from Ch. 19, par. 173)
7    Sec. 22. Government Reporting Enhancement and Transparency
8Act.
9    (a) For fiscal years ending before January 1, 2028, as As
10soon after the end of each fiscal year as may be expedient, the
11Board shall cause to be prepared and printed a complete and
12detailed report and financial statement of its operations and
13of its assets and liabilities. A reasonably sufficient number
14of copies of such report shall be printed for distribution to
15persons interested, upon request, and a copy thereof shall be
16filed with the Governor and the county clerk of each county
17which is partially or wholly within the area of operation of
18the District. A copy of such report shall be addressed to and
19mailed to the Mayor and city council or president and board of
20trustees of each municipality within the area of the District.
21(b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the District shall be
24subject to the Government Reporting Enhancement and

 

 

HB5391- 268 -LRB104 18487 RTM 31929 b

1Transparency Act.
2(Source: Laws 1951, p. 256.)
 
3    Section 900-180. The Illinois Valley Regional Port
4District Act is amended by changing Section 43 as follows:
 
5    (70 ILCS 1815/43)  (from Ch. 19, par. 843)
6    Sec. 43. Government Reporting Enhancement and Transparency
7Act.
8    (a) For fiscal years ending before January 1, 2028, as As
9soon after the end of each fiscal year as may be expedient, the
10Board shall cause to be prepared and printed a complete and
11detailed report and financial statement of the Port District
12operations and of its assets and liabilities. A reasonably
13sufficient number of copies of such report shall be printed
14for distribution to persons interested, upon request, and a
15copy thereof shall be filed with the Governor, and the county
16clerk of each county which is partially or wholly within the
17Port District. A copy of such report shall be addressed and
18mailed to the corporate authorities of each municipality
19within the Port District.
20    (b) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of the District shall be
23subject to the Government Reporting Enhancement and
24Transparency Act.

 

 

HB5391- 269 -LRB104 18487 RTM 31929 b

1(Source: P.A. 77-1799.)
 
2    Section 900-185. The Illinois Waterway Ports Commission
3Act is amended by adding Section 20 as follows:
 
4    (70 ILCS 1816/20 new)
5    Sec. 20. Government Reporting Enhancement and Transparency
6Act.
7    (a) For fiscal years ending before January 1, 2028,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of the Commission shall
10be subject to the Governmental Account Audit Act.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of the Commission shall
14be subject to the Government Reporting Enhancement and
15Transparency Act.
 
16    Section 900-190. The Jackson-Union Counties Regional Port
17District Act is amended by changing Section 25 as follows:
 
18    (70 ILCS 1820/25)  (from Ch. 19, par. 875)
19    Sec. 25. Government Reporting Enhancement and Transparency
20Act.
21    (a) For fiscal years ending before January 1, 2028, within
22Within 60 days after the end of each fiscal year, the Board

 

 

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1shall cause to be prepared and printed a complete and detailed
2report and financial statement of the operations and assets
3and liabilities of the Port District. A reasonably sufficient
4number of copies of such report shall be printed for
5distribution to persons interested, upon request, and a copy
6thereof shall be filed with the Governor and the county clerks
7and the presiding officer of the county boards of Jackson and
8Union counties. A copy of such report shall be addressed to and
9mailed to the corporate authorities of each municipality
10within the area of the District.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of the Port District
14shall be subject to the Government Reporting Enhancement and
15Transparency Act.
16(Source: P.A. 79-1475.)
 
17    Section 900-195. The Joliet Regional Port District Act is
18amended by changing Section 24 as follows:
 
19    (70 ILCS 1825/24)  (from Ch. 19, par. 274)
20    Sec. 24. Government Reporting Enhancement and Transparency
21Act.
22    (a) For fiscal years ending before January 1, 2028, within
23Within 60 days after the end of each fiscal year, the Board
24shall cause to be prepared and printed a complete and detailed

 

 

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1report and financial statement of the operations and assets
2and liabilities of the Port District. A reasonably sufficient
3number of copies of such report shall be printed for
4distribution to persons interested, upon request, and a copy
5thereof shall be filed with the Governor and the county clerk
6and the presiding officer of the county board of Will County. A
7copy of such report shall be addressed to and mailed to the
8Mayor and city council or president and board of trustees of
9each municipality within the area of the District.
10    (b) For fiscal years beginning after December 31, 2027,
11notwithstanding any other provision of law to the contrary,
12the operations and fiscal activities of the Port District
13shall be subject to the Government Reporting Enhancement and
14Transparency Act.
15(Source: Laws 1957, p. 1302.)
 
16    Section 900-200. The Kaskaskia Regional Port District Act
17is amended by changing Section 44 as follows:
 
18    (70 ILCS 1830/44)  (from Ch. 19, par. 544)
19    Sec. 44. Government Reporting Enhancement and Transparency
20Act.
21    (a) For fiscal years ending before January 1, 2028, as As
22soon after the end of each fiscal year as may be expedient, the
23Board shall cause to be prepared and printed a complete and
24detailed report and financial statement of the Port District

 

 

HB5391- 272 -LRB104 18487 RTM 31929 b

1operations and of its assets and liabilities. A reasonably
2sufficient number of copies of such report shall be printed
3for distribution to persons interested, upon request, and a
4copy thereof shall be filed with the Governor, and the county
5clerk of each county which is partially or wholly within the
6Port District. A copy of such report shall be addressed and
7mailed to the Mayor and City Council of President and Board of
8Trustees of each municipality within the Port District.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of the Port District
12shall be subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: Laws 1965, p. 1013.)
 
15    Section 900-205. The Massac-Metropolis Port District Act
16is amended by changing Section 140 as follows:
 
17    (70 ILCS 1831/140)
18    Sec. 140. Report and financial statement.
19    (a) For fiscal years ending before January 1, 2028, within
20Within 60 days after the end of each fiscal year, the Board
21shall cause to be prepared and printed a complete and detailed
22report and financial statement of the operations and assets
23and liabilities of the Port District. A reasonably sufficient
24number of copies of such report shall be printed for

 

 

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1distribution to persons interested, upon request, and a copy
2thereof shall be filed with the Governor and the county clerk
3and the presiding officer of the county board of Massac
4County. A copy of such report shall be addressed to and mailed
5to the corporate authorities of each municipality within the
6area of the District.
7    (b) For fiscal years beginning after December 31, 2027,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of the Port District
10shall be subject to the Government Reporting Enhancement and
11Transparency Act.
12(Source: P.A. 96-838, eff. 12-16-09.)
 
13    Section 900-210. The Mid-America Intermodal Authority Port
14District Act is amended by changing Section 150 as follows:
 
15    (70 ILCS 1832/150)
16    Sec. 150. Report and financial statement.
17    (a) For fiscal years ending before January 1, 2028, as As
18soon after the end of each fiscal year as may be expedient, the
19Board shall prepare and print a complete and detailed report
20and financial statement of its operations and of its assets
21and liabilities. A reasonably sufficient number of copies of
22the report shall be printed for distribution to persons
23interested, upon request, and a copy of the report shall be
24filed with the Governor and the county clerk of each county

 

 

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1that is within the area of the district. A copy of the report
2shall be addressed to and mailed to the mayor and city council
3or president and board of trustees of each municipality within
4the area of the district.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of the District shall be
8subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: P.A. 90-636, eff. 7-24-98.)
 
11    Section 900-215. The Ottawa Port District Act is amended
12by changing Section 140 as follows:
 
13    (70 ILCS 1837/140)
14    Sec. 140. Report and financial statement.
15    (a) For fiscal years ending before January 1, 2028, within
16Within 60 days after the end of each fiscal year, the Board
17shall prepare and print a complete and detailed report and
18financial statement of the operations, assets, and liabilities
19of the District. A reasonably sufficient number of copies of
20the report shall be printed for distribution to persons
21interested, upon request, and a copy of the report shall be
22filed with the Governor, the county clerk, and the presiding
23officer of the county board of LaSalle County. A copy of the
24report shall be mailed to the corporate authorities of each

 

 

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1municipality located within the District.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of the District shall be
5subject to the Government Reporting Enhancement and
6Transparency Act.
7(Source: P.A. 96-1522, eff. 2-14-11.)
 
8    Section 900-220. The Rock Island Regional Port District
9Act is amended by changing Section 110 as follows:
 
10    (70 ILCS 1842/110)
11    Sec. 110. Report and financial statement.
12    (a) For fiscal years ending before January 1, 2028, within
13Within 60 days after the end of a fiscal year, a participating
14municipality's city council shall have prepared by a certified
15public accountant a complete and detailed report and financial
16statement of the operations and assets and liabilities of the
17Port District within the municipality's corporate limits.
18Copies of the report shall be prepared for distribution to
19persons interested, upon request, and a copy of the report and
20financial statement shall be filed with the Governor and with
21the Rock Island County Clerk.
22    (b) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of the District shall be

 

 

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1subject to the Government Reporting Enhancement and
2Transparency Act.
3(Source: P.A. 103-242, eff. 1-1-24.)
 
4    Section 900-225. The Seneca Regional Port District Act is
5amended by changing Section 25 as follows:
 
6    (70 ILCS 1845/25)  (from Ch. 19, par. 375)
7    Sec. 25. Government Reporting Enhancement and Transparency
8Act.
9    (a) For fiscal years ending before January 1, 2028, within
10Within 60 days after the end of each fiscal year, the Board
11shall cause to be prepared and printed a complete and detailed
12report and financial statement of the operations and assets
13and liabilities of the Port District. A reasonably sufficient
14number of copies of such report shall be printed for
15distribution to persons interested, upon request, and a copy
16thereof shall be filed with the Governor and the county clerks
17and the presiding officer of the county boards of La Salle and
18Grundy counties. A copy of such report shall be addressed to
19and mailed to the corporate authorities of each municipality
20within the area of the District.
21    (b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the District shall be
24subject to the Government Reporting Enhancement and

 

 

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1Transparency Act.
2(Source: Laws 1961, p. 2957.)
 
3    Section 900-230. The Shawneetown Regional Port District
4Act is amended by changing Section 25 as follows:
 
5    (70 ILCS 1850/25)  (from Ch. 19, par. 425)
6    Sec. 25. Government Reporting Enhancement and Transparency
7Act.
8    (a) For fiscal years ending before January 1, 2028, within
9Within 60 days after the end of each fiscal year, the Board
10shall cause to be prepared and printed a complete and detailed
11report and financial statement of the operations and assets
12and liabilities of the Port District. A reasonably sufficient
13number of copies of such report shall be printed for
14distribution to persons interested, upon request, and a copy
15thereof shall be filed with the Governor and the county clerks
16and the presiding officer of the county boards of Gallatin and
17Hardin counties. A copy of such report shall be addressed to
18and mailed to the corporate authorities of each municipality
19within the area of the District.
20    (b) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of the District shall be
23subject to the Government Reporting Enhancement and
24Transparency Act.

 

 

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1(Source: Laws 1961, p. 2975.)
 
2    Section 900-235. The America's Central Port District Act
3is amended by changing Section 25 as follows:
 
4    (70 ILCS 1860/25)  (from Ch. 19, par. 308)
5    Sec. 25. Government Reporting Enhancement and Transparency
6Act.
7    (a) For fiscal years ending before January 1, 2028, within
8Within 9 months after the end of each fiscal year, the Board
9shall cause an independent auditor to prepare and print a
10complete and detailed report and financial statement of the
11operations and assets and liabilities of the Port District. A
12reasonably sufficient number of copies of such report shall be
13printed for distribution to persons interested, upon request,
14and a copy of the report shall be filed with the Governor and
15the county clerks of Madison and Jersey Counties. A copy of
16such report or a summary of the report shall be addressed and
17submitted to the Mayor or ranking official of each
18municipality within the area of the District.
19    (b) For fiscal years beginning after December 31, 2027,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of the Port District
22shall be subject to the Government Reporting Enhancement and
23Transparency Act.
24(Source: P.A. 104-206, eff. 1-1-26.)
 

 

 

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1    Section 900-240. The Upper Mississippi River International
2Port District Act is amended by changing Section 31 as
3follows:
 
4    (70 ILCS 1863/31)
5    Sec. 31. Financial statement.
6    (a) For fiscal years ending before January 1, 2028, within
7Within 60 days after the end of each fiscal year, the Board
8shall prepare and print a complete and detailed report and
9financial statement of the operations and assets and
10liabilities of the Port District. A reasonably sufficient
11number of copies of such report shall be printed for
12distribution to persons interested, upon request, and a copy
13shall be filed with the Governor and the County Clerk and the
14County Board Chair of Jo Daviess and Carroll Counties.
15    (b) For fiscal years beginning after December 31, 2027,
16notwithstanding any other provision of law to the contrary,
17the operations and fiscal activities of the Port District
18shall be subject to the Government Reporting Enhancement and
19Transparency Act.
20(Source: P.A. 96-636, eff. 8-24-09.)
 
21    Section 900-245. The Waukegan Port District Act is amended
22by changing Section 25 as follows:
 

 

 

HB5391- 280 -LRB104 18487 RTM 31929 b

1    (70 ILCS 1865/25)  (from Ch. 19, par. 203)
2    Sec. 25. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028, within
5Within 60 days after the end of each fiscal year, the Board
6shall cause to be prepared and printed a complete and detailed
7report and financial statement of the operations and assets
8and liabilities of the Port District. A reasonably sufficient
9number of copies of such report shall be printed for
10distribution to persons interested, upon request, and a copy
11thereof shall be filed with the Governor and the county clerk
12and the presiding officer of the county board of each county
13which is partially or wholly within the area of operation of
14the District. A copy of such report shall be addressed to and
15mailed to the Mayor and city council or president and board of
16trustees of each municipality within the area of the District.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the Port District
20shall be subject to the Government Reporting Enhancement and
21Transparency Act.
22(Source: Laws 1955, p. 657.)
 
23    Section 900-250. The Emergency Services Districts Act is
24amended by adding Section 16 as follows:
 

 

 

HB5391- 281 -LRB104 18487 RTM 31929 b

1    (70 ILCS 2005/16 new)
2    Sec. 16. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each emergency
7services district shall be subject to the Governmental Account
8Audit Act.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each emergency
12services district shall be subject to the Government Reporting
13Enhancement and Transparency Act.
 
14    Section 900-255. The River Conservancy Districts Act is
15amended by adding Section 24.5 as follows:
 
16    (70 ILCS 2105/24.5 new)
17    Sec. 24.5. Government Reporting Enhancement and
18Transparency Act. For fiscal years beginning after December
1931, 2027, notwithstanding any other provision of law to the
20contrary, the operations and fiscal activities of any
21conservancy district organized under this Act created under
22this Act shall be subject to the Government Reporting
23Enhancement and Transparency Act.
 

 

 

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1    Section 900-260. The Sanitary District Act of 1907 is
2amended by changing Sections 26.1 and 27 as follows:
 
3    (70 ILCS 2205/26.1)  (from Ch. 42, par. 272.1)
4    Sec. 26.1. The board of trustees, its clerk and treasurer,
5prior to the 15th day of each month for fiscal years ending
6before January 1, 2028, shall submit to the circuit court in
7which such district was organized a verified statement showing
8for the preceding month a listing of all persons employed by
9the district and the total amount of money paid to each person
10for services performed for the district during the preceding
11month, including salary, wages, commissions, expenses or other
12emolument.
13(Source: P.A. 77-1299.)
 
14    (70 ILCS 2205/27)  (from Ch. 42, par. 273)
15    Sec. 27. Government Reporting Enhancement and Transparency
16Act.
17    (a) Said board, its clerk and treasurer, shall submit to
18the circuit court of the county in which said district is
19organized, annually for fiscal years ending before January 1,
202028, between the first and tenth days of April, or oftener, if
21required by said court, verified reports, showing all moneys
22received and the manner in which the same may have been
23expended. Three weeks' notice of the filing of such report
24shall be given by publication in like manner as provided in

 

 

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1section 2 of this act, and any person interested may appear and
2object to the approval of the same, in whole or in part, and
3the court shall make such orders in reference thereto as shall
4be just.
5    (b) For fiscal years ending before January 1, 2028,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of each sanitary district
8shall be subject to the Governmental Account Audit Act.
9    (c) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each sanitary district
12shall be subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: Laws 1967, p. 3815.)
 
15    Section 900-265. The North Shore Water Reclamation
16District Act is amended by changing Section 11 and by adding
17Section 5.1 as follows:
 
18    (70 ILCS 2305/5.1 new)
19    Sec. 5.1. Government Reporting Enhancement and
20Transparency Act.
21    (a) For fiscal years ending before January 1, 2028,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of each district shall be
24subject to the Governmental Account Audit Act.

 

 

HB5391- 284 -LRB104 18487 RTM 31929 b

1    (b) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of each district shall be
4subject to the Government Reporting Enhancement and
5Transparency Act.
 
6    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
7    Sec. 11. Except as otherwise provided in this Section, all
8contracts for purchases or sales by the municipality, the
9expense of which will exceed the mandatory competitive bid
10threshold, shall be let to the lowest responsible bidder
11therefor upon not less than 14 days' public notice of the terms
12and conditions upon which the contract is to be let, having
13been given by publication in a newspaper of general
14circulation published in the district, and the board may
15reject any and all bids and readvertise. In determining the
16lowest responsible bidder, the board shall take into
17consideration the qualities and serviceability of the articles
18supplied, their conformity with specifications, their
19suitability to the requirements of the district, the
20availability of support services, the uniqueness of the
21service, materials, equipment, or supplies as it applies to
22network integrated computer systems, the compatibility of the
23service, materials, equipment or supplies with existing
24equipment, and the delivery terms. Contracts for services in
25excess of the mandatory competitive bid threshold may, subject

 

 

HB5391- 285 -LRB104 18487 RTM 31929 b

1to the provisions of this Section, be let by competitive
2bidding at the discretion of the district board of trustees.
3All contracts for purchases or sales that will not exceed the
4mandatory competitive bid threshold may be made in the open
5market without publication in a newspaper as above provided,
6but whenever practical shall be based on at least 3
7competitive bids. For purposes of this Section, the "mandatory
8competitive bid threshold" is a dollar amount equal to 0.1% of
9the total general fixed assets of the district as reported in
10the most recent required audit report. In no event, however,
11shall the mandatory competitive bid threshold dollar amount be
12less than $10,000, nor more than $40,000.
13    Cash, a cashier's check, a certified check, or a bid bond
14with adequate surety approved by the board of trustees as a
15deposit of good faith, in a reasonable amount, but not in
16excess of 10% of the contract amount, may be required of each
17bidder by the district on all bids involving amounts in excess
18of the mandatory competitive bid threshold and, if so
19required, the advertisement for bids shall so specify.
20    Contracts which by their nature are not adapted to award
21by competitive bidding, including, without limitation,
22contracts for the services of individuals, groups or firms
23possessing a high degree of professional skill where the
24ability or fitness of the individual or organization plays an
25important part, contracts for financial management services
26undertaken pursuant to "An Act relating to certain investments

 

 

HB5391- 286 -LRB104 18487 RTM 31929 b

1of public funds by public agencies", approved July 23, 1943,
2as now or hereafter amended, contracts for the purchase or
3sale of utilities, contracts for commodities including supply
4contracts for natural gas and electricity, contracts for
5materials economically procurable only from a single source of
6supply, contracts for services, supplies, materials, parts, or
7equipment which are available only from a single source or
8contracts for maintenance, repairs, OEM supplies, or OEM parts
9from the manufacturer or from a source authorized by the
10manufacturer, contracts for the use, purchase, delivery,
11movement, or installation of data processing equipment,
12software, or services and telecommunications and interconnect
13equipment, software, or services, contracts for duplicating
14machines and supplies, contracts for goods or services
15procured from another governmental agency, purchases of
16equipment previously owned by an entity other than the
17district itself, purchases of used equipment, purchases at
18auction or similar transactions which by their very nature are
19not suitable to competitive bids, and leases of real property
20where the sanitary district is the lessee shall not be subject
21to the competitive bidding requirements of this Section.
22    The District may use a design-build procurement method for
23any public project which shall not be subject to the
24competitive bidding requirements of this Section provided the
25Board of Trustees approves the contract for the public project
26by a vote of 4 of the 5 trustees. For the purposes of this

 

 

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1Section, "design-build" means a delivery system that provides
2responsibility within a single contract for the furnishing of
3architecture, engineering, land surveying and related services
4as required, and the labor, materials, equipment, and other
5construction services for the project.
6    In the case of an emergency affecting the public health or
7safety so declared by the Board of Trustees of the
8municipality at a meeting thereof duly convened, which
9declaration shall require the affirmative vote of four of the
10five Trustees, and shall set forth the nature of the danger to
11the public health or safety, contracts totaling not more than
12the emergency contract cap may be let to the extent necessary
13to resolve such emergency without public advertisement or
14competitive bidding. For purposes of this Section, the dollar
15amount of an emergency contract shall not be less than
16$40,000, nor more than $500,000. The Resolution or Ordinance
17in which such declaration is embodied shall fix the date upon
18which such emergency shall terminate which date may be
19extended or abridged by the Board of Trustees as in their
20judgment the circumstances require. A full written account of
21any such emergency, together with a requisition for the
22materials, supplies, labor or equipment required therefor
23shall be submitted immediately upon completion and shall be
24open to public inspection for a period of at least one year
25subsequent to the date of such emergency purchase.
26    To address operating emergencies not affecting the public

 

 

HB5391- 288 -LRB104 18487 RTM 31929 b

1health or safety, the Board of Trustees shall authorize, in
2writing, officials or employees of the sanitary district to
3purchase in the open market and without advertisement any
4supplies, materials, equipment, or services for immediate
5delivery to meet the bona fide operating emergency, without
6filing a requisition or estimate therefor, in an amount not in
7excess of $100,000; provided that the Board of Trustees must
8be notified of the operating emergency. A full, written
9account of each operating emergency and a requisition for the
10materials, supplies, equipment, and services required to meet
11the operating emergency must be immediately submitted by the
12officials or employees authorized to make purchases to the
13Board of Trustees. The account must be available for public
14inspection for a period of at least one year after the date of
15the operating emergency purchase. The exercise of authority
16with respect to purchases for a bona fide operating emergency
17is not dependent on a declaration of an operating emergency by
18the Board of Trustees.
19    The competitive bidding requirements of this Section do
20not apply to contracts, including contracts for both materials
21and services incidental thereto, for the repair or replacement
22of a sanitary district's treatment plant, sewers, equipment,
23or facilities damaged or destroyed as the result of a sudden or
24unexpected occurrence, including, but not limited to, a flood,
25fire, tornado, earthquake, storm, or other natural or man-made
26disaster, if the board of trustees determines in writing that

 

 

HB5391- 289 -LRB104 18487 RTM 31929 b

1the awarding of those contracts without competitive bidding is
2reasonably necessary for the sanitary district to maintain
3compliance with a permit issued under the National Pollution
4Discharge Elimination System (NPDES) or any successor system
5or with any outstanding order relating to that compliance
6issued by the United States Environmental Protection Agency,
7the Illinois Environmental Protection Agency, or the Illinois
8Pollution Control Board. The authority to issue contracts
9without competitive bidding pursuant to this paragraph expires
106 months after the date of the writing determining that the
11awarding of contracts without competitive bidding is
12reasonably necessary.
13    No Trustee shall be interested, directly or indirectly, in
14any contract, work or business of the municipality, or in the
15sale of any article, whenever the expense, price or
16consideration of the contract work, business or sale is paid
17either from the treasury or by any assessment levied by any
18Statute or Ordinance. No Trustee shall be interested, directly
19or indirectly, in the purchase of any property which (1)
20belongs to the municipality, or (2) is sold for taxes or
21assessments of the municipality, or (3) is sold by virtue of
22legal process in the suit of the municipality.
23    A contract for any work or other public improvement, to be
24paid for in whole or in part by special assessment or special
25taxation, shall be entered into and the performance thereof
26controlled by the provisions of Division 2 of Article 9 of the

 

 

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1"Illinois Municipal Code", approved May 29, 1961, as
2heretofore or hereafter amended, as near as may be. However,
3contracts may be let for making proper and suitable
4connections between the mains and outlets of the respective
5sanitary sewers in the district with any conduit, conduits,
6main pipe or pipes that may be constructed by such sanitary
7district.
8(Source: P.A. 101-575, eff. 8-23-19.)
 
9    Section 900-270. The Sanitary District Act of 1917 is
10amended by changing Sections 11 and 16.12 and by adding
11Section 32 as follows:
 
12    (70 ILCS 2405/11)  (from Ch. 42, par. 310)
13    Sec. 11. Except as otherwise hereinafter provided, all
14contracts for purchases or sales by a sanitary district
15organized under this Act, the expense of which will exceed the
16mandatory competitive bid threshold, shall be let to the
17lowest responsible bidder therefor upon not less than 14 days'
18public notice of the terms and conditions upon which the
19contract is to be let, having been given by publication in a
20newspaper of general circulation published in the district,
21and the board may reject any and all bids, and readvertise. In
22determining the lowest responsible bidder, the board shall
23take into consideration the qualities and serviceability of
24the articles supplied, their conformity with specifications,

 

 

HB5391- 291 -LRB104 18487 RTM 31929 b

1their suitability to the requirements of the district, the
2availability of support services, the uniqueness of the
3service, materials, equipment, or supplies as it applies to
4network integrated computer systems, the compatibility of the
5service, materials, equipment or supplies with existing
6equipment, and the delivery terms. Contracts for services in
7excess of the mandatory competitive bid threshold may, subject
8to the provisions of this Section, be let by competitive
9bidding at the discretion of the district board of trustees.
10    Cash, a cashier's check, a certified check, or a bid bond
11with adequate surety approved by the board of trustees as a
12deposit of good faith, in a reasonable amount, but not in
13excess of 10% of the contract amount, may be required of each
14bidder by the district on all bids involving amounts in excess
15of the mandatory competitive bid threshold and, if so
16required, the advertisement for bids shall so specify.
17    All contracts for purchases or sales that will not exceed
18the mandatory competitive bid threshold may be made in the
19open market without publication in a newspaper as above
20provided, but whenever practical shall be based on at least 3
21competitive bids. For purposes of this Section, the "mandatory
22competitive bid threshold" is a dollar amount equal to 0.1% of
23the total general capital fixed assets of the district as
24reported in the most recent required audit report. In no
25event, however, shall the mandatory competitive bid threshold
26dollar amount be less than $10,000, nor more than $40,000.

 

 

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1    If a unit of local government performs non-emergency
2construction, alteration, repair, improvement, or maintenance
3work on the public way, the sanitary district may enter into an
4intergovernmental agreement with the unit of local government
5allowing similar construction work to be performed by the
6sanitary district on the same project, in an amount no greater
7than $100,000, to save taxpayer funds and eliminate
8duplication of government effort. The sanitary district and
9the other unit of local government shall, before work is
10performed by either unit of local government on a project,
11adopt a resolution by a majority vote of both governing bodies
12certifying work will occur at a specific location, the reasons
13why both units of local government require work to be
14performed in the same location, and the projected cost savings
15if work is performed by both units of local government on the
16same project. Officials or employees of the sanitary district
17may, if authorized by resolution, purchase in the open market
18any supplies, materials, equipment, or services for use within
19the project in an amount no greater than $100,000 without
20advertisement or without filing a requisition or estimate. A
21full written account of each project performed by the sanitary
22district and a requisition for the materials, supplies,
23equipment, and services used by the sanitary district required
24to complete the project must be submitted by the officials or
25employees authorized to make purchases to the board of
26trustees of the sanitary district no later than 30 days after

 

 

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1purchase. The full written account must be available for
2public inspection for at least one year after expenditures are
3made.
4    Contracts which by their nature are not adapted to award
5by competitive bidding, including, without limitation,
6contracts for the services of individuals, groups or firms
7possessing a high degree of professional skill where the
8ability or fitness of the individual or organization plays an
9important part, contracts for financial management services
10undertaken pursuant to "An Act relating to certain investments
11of public funds by public agencies", approved July 23, 1943,
12as now or hereafter amended, contracts for the purchase or
13sale of utilities, contracts for materials economically
14procurable only from a single source of supply, contracts for
15the use, purchase, delivery, movement, or installation of data
16processing equipment, software, or services and
17telecommunications and interconnect equipment, software, or
18services, contracts for duplicating machines and supplies,
19contracts for goods or services procured from another
20governmental agency, purchases of equipment previously owned
21by an entity other than the district itself, and leases of real
22property where the sanitary district is the lessee shall not
23be subject to the competitive bidding requirements of this
24Section.
25    The competitive bidding requirements of this Section do
26not apply to contracts for construction of a facility or

 

 

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1structure for the sanitary district when the facility or
2structure will be designed, built, and tested before being
3conveyed to the sanitary district.
4    The competitive bidding requirements of this Section do
5not apply to contracts, including contracts for both materials
6and services incidental thereto, for the repair or replacement
7of a sanitary district's treatment plant, sewers, equipment,
8or facilities damaged or destroyed as the result of a sudden or
9unexpected occurrence, including, but not limited to, a flood,
10fire, tornado, earthquake, storm, or other natural or man-made
11disaster, if the board of trustees determines in writing that
12the awarding of those contracts without competitive bidding is
13reasonably necessary for the sanitary district to maintain
14compliance with a permit issued under the National Pollution
15Discharge Elimination System (NPDES) or any successor system
16or with any outstanding order relating to that compliance
17issued by the United States Environmental Protection Agency,
18the Illinois Environmental Protection Agency, or the Illinois
19Pollution Control Board. The authority to issue contracts
20without competitive bidding pursuant to this paragraph expires
216 months after the date of the writing determining that the
22awarding of contracts without competitive bidding is
23reasonably necessary.
24    Where the board of trustees declares, by a 2/3 vote of all
25members of the board, that there exists an emergency affecting
26the public health or safety, contracts totaling not more than

 

 

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1the emergency contract cap may be let to the extent necessary
2to resolve such emergency without public advertisement or
3competitive bidding. For purposes of this Section, the
4"emergency contract cap" is a dollar amount equal to 0.4% of
5the total general capital fixed assets of the district as
6reported in the most recent required audit report. In no
7event, however, shall the emergency contract cap dollar amount
8be less than $40,000, nor more than $100,000. The ordinance or
9resolution embodying the emergency declaration shall contain
10the date upon which such emergency will terminate. The board
11of trustees may extend the termination date if in its judgment
12the circumstances so require. A full written account of the
13emergency, together with a requisition for the materials,
14supplies, labor or equipment required therefor shall be
15submitted immediately upon completion and shall be open to
16public inspection for a period of at least one year subsequent
17to the date of such emergency purchase. Within 30 days after
18the passage of the resolution or ordinance declaring an
19emergency affecting the public health or safety, the District
20shall submit to the Illinois Environmental Protection Agency
21the full written account of any such emergency along with a
22copy of the resolution or ordinance declaring the emergency,
23in accordance with requirements as may be provided by rule.
24    A contract for any work or other public improvement, to be
25paid for in whole or in part by special assessment or special
26taxation, shall be entered into and the performance thereof

 

 

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1controlled by Division 2 of Article 9 of the "Illinois
2Municipal Code", approved May 29, 1961, as heretofore and
3hereafter amended, as near as may be. The contracts may be let
4for making proper and suitable connections between the mains
5and outlets of the respective sewers in the district with any
6conduit, conduits, main pipe or pipes that may be constructed
7by such sanitary district.
8(Source: P.A. 100-882, eff. 8-14-18.)
 
9    (70 ILCS 2405/16.12)  (from Ch. 42, par. 315.12)
10    Sec. 16.12. Any district issuing revenue bonds under this
11Act of a waterworks shall install and maintain a proper system
12of accounts, showing the amount of revenue received and its
13application. For fiscal years ending before January 1, 2028,
14at At least once a year the district shall have the accounts
15properly audited by a competent auditor. The report of that
16audit shall be open for inspection at all proper times to any
17taxpayer, user, or any holder of bonds issued under this Act,
18or to anyone acting for and on behalf of the taxpayer, user, or
19bondholder. The treasurer of the district shall be custodian
20and ex-officio collector of the funds derived from income
21received from a waterworks purchased or constructed under the
22provisions of this Act. He shall give proper bond for the
23faithful discharge of his duties as such custodian, and this
24bond shall be fixed and approved by the trustees.
25    All of the funds received as income from a waterworks

 

 

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1purchased or constructed in whole or in part under the
2provisions of this Act, and all of the funds received from the
3sale of revenue bonds shall be kept separate and apart from the
4other funds of the district.
5(Source: Laws 1967, p. 950.)
 
6    (70 ILCS 2405/32 new)
7    Sec. 32. Government Reporting Enhancement and Transparency
8Act.
9    (a) For fiscal years ending before January 1, 2028,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each sanitary district
12shall be subject to the Governmental Account Audit Act.
13    (b) For fiscal years beginning after December 31, 2027,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of each sanitary district
16shall be subject to the Government Reporting Enhancement and
17Transparency Act.
 
18    Section 900-275. The Metropolitan Water Reclamation
19District Act is amended by changing Sections 5.12, 5.13, and
2011.3 as follows:
 
21    (70 ILCS 2605/5.12)  (from Ch. 42, par. 324v)
22    Sec. 5.12. Annual audit. (a) For fiscal years ending
23before January 1, 2028, each Each district shall cause an

 

 

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1independent audit to be made annually for the period beginning
2January 1, and ending December 31. Such audit shall be made by
3a Certified Public Accountant licensed to practice in the
4State of Illinois, who shall examine and audit the accounts of
5the district. A report thereof, together with any
6recommendations as to changes in accounting procedure shall be
7made to the board of trustees and shall be printed in the
8official proceedings of the district. At least 3 copies of
9such audit shall be made conveniently available for public
10inspection at the office of the district and a copy of such
11audit shall be made available to any person requesting a copy
12thereof upon the payment of a reasonable charge. Copies of
13such audit shall be furnished to such departments or agencies
14of the State of Illinois as may be required by law and such
15audit shall comply with such State laws as may regulate the
16making of governmental audits. The reasonable expense of the
17audit required to be made hereunder shall be paid by each such
18sanitary district.
19    An annual audit of the Metropolitan Water Reclamation
20District of Greater Chicago conducted in accordance with
21Section 5.12a serves as that district's annual audit required
22by this subsection Section.
23(Source: P.A. 89-296, eff. 8-11-95.)
 
24    (70 ILCS 2605/5.13)  (from Ch. 42, par. 324w)
25    Sec. 5.13. For fiscal years ending before January 1, 2028,

 

 

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1the The clerk shall prepare on or before the first (1st) day of
2July of each year after the year 1943, an annual financial
3report which shall contain financial information required by
4generally accepted accounting principles (GAAP) for
5governments as promulgated and established by the Governmental
6Accounting Standards Board (GASB).
7    Copies of the annual financial report shall be made
8conveniently available in the office of the Sanitary District
9to the public and shall be issued to any person upon payment of
10a reasonable amount therefor. Nothing in this section shall be
11construed to mean that the annual financial report may not be
12combined with the annual audit report and the two published
13simultaneously as one report.
14(Source: P.A. 95-295, eff. 8-20-07.)
 
15    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)
16    Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
17all purchase orders or contracts involving amounts in excess
18of the mandatory competitive bid threshold and made by or on
19behalf of the sanitary district for labor, services or work,
20the purchase, lease or sale of personal property, materials,
21equipment or supplies, or the granting of any concession,
22shall be let by free and open competitive bidding after
23advertisement, to the lowest responsible bidder or to the
24highest responsible bidder, as the case may be, depending upon
25whether the sanitary district is to expend or receive money.

 

 

HB5391- 300 -LRB104 18487 RTM 31929 b

1    All such purchase orders or contracts which shall involve
2amounts that will not exceed the mandatory competitive bid
3threshold, shall also be let in the manner prescribed above
4whenever practicable, except that after solicitation of bids,
5such purchase orders or contracts may be let in the open
6market, in a manner calculated to insure the best interests of
7the public. The provisions of this section are subject to any
8contrary provisions contained in "An Act concerning the use of
9Illinois mined coal in certain plants and institutions", filed
10July 13, 1937, as heretofore and hereafter amended. For
11purposes of this Section, the "mandatory competitive bid
12threshold" is a dollar amount equal to 0.1% of the total
13general capital fixed assets of the district as reported in
14the most recent required audit report. In no event, however,
15shall the mandatory competitive bid threshold dollar amount be
16less than $60,000.
17    If a unit of local government performs non-emergency
18construction, alteration, repair, improvement, or maintenance
19work on the public way, the sanitary district may enter into an
20intergovernmental agreement with the unit of local government
21allowing similar construction work to be performed by the
22sanitary district on the same project, in an amount no greater
23than $100,000, to save taxpayer funds and eliminate
24duplication of government effort. The sanitary district and
25the other unit of local government shall, before work is
26performed by either unit of local government on a project,

 

 

HB5391- 301 -LRB104 18487 RTM 31929 b

1adopt a resolution by a majority vote of both governing bodies
2certifying work will occur at a specific location, the reasons
3why both units of local government require work to be
4performed in the same location, and the projected cost savings
5if work is performed by both units of local government on the
6same project. Officials or employees of the sanitary district
7may, if authorized by resolution, purchase in the open market
8any supplies, materials, equipment, or services for use within
9the project in an amount no greater than $100,000 without
10advertisement or without filing a requisition or estimate. A
11full written account of each project performed by the sanitary
12district and a requisition for the materials, supplies,
13equipment, and services used by the sanitary district required
14to complete the project must be submitted by the officials or
15employees authorized to make purchases to the board of
16trustees of the sanitary district no later than 30 days after
17purchase. The full written account must be available for
18public inspection for at least one year after expenditures are
19made.
20    Notwithstanding the provisions of this Section, the
21sanitary district is expressly authorized to establish such
22procedures as it deems appropriate to comply with state or
23federal regulations as to affirmative action and the
24utilization of small and minority businesses in construction
25and procurement contracts.
26(Source: P.A. 103-865, eff. 1-1-25.)
 

 

 

HB5391- 302 -LRB104 18487 RTM 31929 b

1    Section 900-280. The Sanitary District Act of 1936 is
2amended by changing Sections 14, 26m, and 32n and by adding
3Section 94 as follows:
 
4    (70 ILCS 2805/14)  (from Ch. 42, par. 425)
5    Sec. 14. Except as otherwise provided in this Section, all
6contracts for purchases or sales by the sanitary district, the
7expense of which will exceed the mandatory competitive bid
8threshold, shall be let to the lowest responsible bidder
9therefor upon not less than 14 days' public notice of the terms
10and conditions upon which the contract is to be let, having
11been given by publication in a daily or weekly newspaper
12published in the district or, if there is no newspaper
13published in the district, in a newspaper published in the
14county and having general circulation in the district, and the
15board may reject any and all bids, and readvertise. Contracts
16for services in excess of the mandatory competitive bid
17threshold may, subject to the provisions of this Section, be
18let by competitive bidding at the discretion of the district
19board of trustees. All contracts for purchases or sales that
20will not exceed the mandatory competitive bid threshold may be
21made in the open market without publication in a newspaper as
22above provided, but whenever practical shall be based on at
23least 3 competitive bids. For purposes of this Section, the
24"mandatory competitive bid threshold" is a dollar amount equal

 

 

HB5391- 303 -LRB104 18487 RTM 31929 b

1to 0.1% of the total general capital fixed assets of the
2district as reported in the most recent required audit report.
3In no event, however, shall the mandatory competitive bid
4threshold dollar amount be less than $10,000, nor more than
5$40,000.
6    If a unit of local government performs non-emergency
7construction, alteration, repair, improvement, or maintenance
8work on the public way, the sanitary district may enter into an
9intergovernmental agreement with the unit of local government
10allowing similar construction work to be performed by the
11sanitary district on the same project, in an amount no greater
12than $100,000, to save taxpayer funds and eliminate
13duplication of government effort. The sanitary district and
14the other unit of local government shall, before work is
15performed by either unit of local government on a project,
16adopt a resolution by a majority vote of both governing bodies
17certifying work will occur at a specific location, the reasons
18why both units of local government require work to be
19performed in the same location, and the projected cost savings
20if work is performed by both units of local government on the
21same project. Officials or employees of the sanitary district
22may, if authorized by resolution, purchase in the open market
23any supplies, materials, equipment, or services for use within
24the project in an amount no greater than $100,000 without
25advertisement or without filing a requisition or estimate. A
26full written account of each project performed by the sanitary

 

 

HB5391- 304 -LRB104 18487 RTM 31929 b

1district and a requisition for the materials, supplies,
2equipment, and services used by the sanitary district required
3to complete the project must be submitted by the officials or
4employees authorized to make purchases to the board of
5trustees of the sanitary district no later than 30 days after
6purchase. The full written account must be available for
7public inspection for at least one year after expenditures are
8made.
9    Cash, a cashier's check, a certified check, or a bid bond
10with adequate surety approved by the board of trustees as a
11deposit of good faith, in a reasonable amount, but not in
12excess of 10% of the contract amount, may be required of each
13bidder by the district on all bids involving amounts in excess
14of the mandatory competitive bid threshold and, if so
15required, the advertisement for bids shall so specify.
16    Contracts which by their nature are not adapted to award
17by competitive bidding, including, without limitation,
18contracts for the services of individuals, groups or firms
19possessing a high degree of professional skill where the
20ability or fitness of the individual or organization plays an
21important part, contracts for financial management services
22undertaken pursuant to the Public Funds Investment Act,
23contracts for the purchase or sale of utilities, contracts for
24materials economically procurable only from a single source of
25supply and leases of real property where the sanitary district
26is the lessee shall not be subject to the competitive bidding

 

 

HB5391- 305 -LRB104 18487 RTM 31929 b

1requirements of this Section.
2    Where the board of trustees declares, by a 2/3 vote of all
3members of the board, that there exists an emergency affecting
4the public health or safety, contracts totaling not more than
5the emergency contract cap may be let to the extent necessary
6to resolve such emergency without public advertisement or
7competitive bidding. For purposes of this Section, the
8"emergency contract cap" is a dollar amount equal to 0.4% of
9the total general capital fixed assets of the district as
10reported in the most recent required audit report. In no
11event, however, shall the emergency contract cap dollar amount
12be less than $40,000, nor more than $100,000. The ordinance or
13resolution embodying the emergency declaration shall contain
14the date upon which such emergency will terminate. The board
15of trustees may extend the termination date if in its judgment
16the circumstances so require. A full written account of the
17emergency, together with a requisition for the materials,
18supplies, labor or equipment required therefor shall be
19submitted immediately upon completion and shall be open to
20public inspection for a period of at least one year subsequent
21to the date of such emergency purchase. Within 30 days after
22the passage of the resolution or ordinance declaring an
23emergency affecting the public health or safety, the District
24shall submit to the Illinois Environmental Protection Agency
25the full written account of any such emergency along with a
26copy of the resolution or ordinance declaring the emergency,

 

 

HB5391- 306 -LRB104 18487 RTM 31929 b

1in accordance with requirements as may be provided by rule.
2(Source: P.A. 100-882, eff. 8-14-18.)
 
3    (70 ILCS 2805/26m)  (from Ch. 42, par. 437m)
4    Sec. 26m. Any district issuing revenue bonds under this
5Act for a drainage system shall install and maintain a proper
6system of accounts, showing the amount of revenue received and
7its application. For fiscal years ending before January 1,
82028, at At least once a year the district shall have the
9accounts properly audited by a competent auditor. The report
10of that audit shall be open for inspection at all proper times
11to any taxpayer, user, or any holder of bonds issued under this
12Act, or to anyone acting for and on behalf of the taxpayer,
13user, or bondholder. The treasurer of the district shall be
14custodian and ex-officio collector of the funds derived from
15income received from a drainage system purchased or
16constructed under the provisions of this Act. He shall give
17proper bond for the faithful discharge of his duties as such
18custodian, and this bond shall be fixed and approved by the
19trustees.
20    All of the funds received as income from a drainage system
21purchased or constructed in whole or in part under the
22provisions of this Act, and all of the funds received from the
23sale of revenue bonds shall be kept separate and apart from the
24other funds of the district.
25(Source: Laws 1961, p. 3028.)
 

 

 

HB5391- 307 -LRB104 18487 RTM 31929 b

1    (70 ILCS 2805/32n)  (from Ch. 42, par. 443n)
2    Sec. 32n. Any district issuing revenue bonds under this
3Act shall install and maintain a proper system of accounts,
4showing the amount of revenue received and its application.
5For fiscal years ending before January 1, 2028, at At least
6once a year the district shall have the accounts properly
7audited by a competent auditor. The report of that audit shall
8be open for inspection at all proper times to any taxpayer,
9water-user, or any holder of bonds issued under this Article,
10or to anyone acting for and on behalf of the taxpayer,
11water-user, or bondholder. The treasurer of the district shall
12be custodian and ex-officio collector of the funds derived
13from income received from waterworks purchased or constructed
14under the provisions of this Act. He shall give proper bond for
15the faithful discharge of his duties as such custodian, and
16this bond shall be fixed and approved by the trustees.
17    All of the funds received as income from waterworks
18purchased or constructed in whole or in part under the
19provisions of this Act, and all of the funds received from the
20sale of revenue bonds shall be kept separate and apart from the
21other funds of the district.
22(Source: Laws 1945, p. 726.)
 
23    (70 ILCS 2805/94 new)
24    Sec. 94. Government Reporting Enhancement and Transparency

 

 

HB5391- 308 -LRB104 18487 RTM 31929 b

1Act.
2    (a) For fiscal years ending before January 1, 2028,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of each sanitary district
5shall be subject to the Governmental Account Audit Act.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of each sanitary district
9shall be subject to the Government Reporting Enhancement and
10Transparency Act.
 
11    Section 900-285. The Metro-East Sanitary District Act of
121974 is amended by changing Section 4-2 and by adding Section
135-6 as follows:
 
14    (70 ILCS 2905/4-2)  (from Ch. 42, par. 504-2)
15    Sec. 4-2. The Executive Director shall be the chief
16executive and administrative officer of the district and shall
17be responsible to the board for the proper administration of
18all affairs of the district, including but not limited to, the
19board's compliance with subsection (b) of Section 3-3, and to
20that end he shall:
21    (1) Appoint and, when necessary for the good of the
22service, remove all officers and employees of the district,
23except as otherwise provided in this Act, and except as he may
24authorize the head of a department or office to appoint

 

 

HB5391- 309 -LRB104 18487 RTM 31929 b

1subordinates in such department or office.
2    (2) Prepare the budget annually and submit it to the Board
3and be responsible for its administration after adoption.
4    (3) Prepare and submit to the board and the Department of
5Natural Resources, as of the end of the fiscal year, a complete
6report of the finances and administrative activities of the
7district and all subdistricts for the year, and submit any
8interim reports that the Department of Natural Resources
9requests. For fiscal years ending before January 1, 2028, the
10report to the board and the Department of Natural Resources
11shall include a complete report of the finances of the
12district and all subdistricts for the year.
13    (4) Keep the board advised of the financial condition of
14the district and all subdistricts and make recommendations
15concerning their future needs.
16    (5) Attend all meetings of the board and, in so far as
17possible, its committees.
18    (6) Enforce all district ordinances and see that all
19contracts are faithfully performed.
20    (7) Advise, assist, and cooperate in fostering the
21interest of institutions of learning and civic, professional,
22and employee organizations in the improvement of personnel
23standards and conditions in the district.
24    (8) Perform such other duties as may be prescribed by this
25Act or required of him by the board, not inconsistent with this
26Act.

 

 

HB5391- 310 -LRB104 18487 RTM 31929 b

1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (70 ILCS 2905/5-6 new)
3    Sec. 5-6. Government Reporting Enhancement and
4Transparency Act.
5    (a) For fiscal years ending before January 1, 2028,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of a sanitary district
8organized under this Act shall be subject to the Governmental
9Account Audit Act.
10    (b) For fiscal years beginning after December 31, 2027,
11notwithstanding any other provision of law to the contrary,
12the operations and fiscal activities of a sanitary district
13organized under this Act shall be subject to the Government
14Reporting Enhancement and Transparency Act.
 
15    Section 900-290. The Sanitary District Revenue Bond Act is
16amended by changing Section 8 and by adding Section 23 as
17follows:
 
18    (70 ILCS 3010/8)  (from Ch. 42, par. 319.8)
19    Sec. 8. Every sanitary district which issues bonds under
20this Act shall install and maintain a proper system of
21accounts showing the amount of revenue received from the
22sewerage system and the application of that revenue. For
23fiscal years ending before January 1, 2028, at At least once

 

 

HB5391- 311 -LRB104 18487 RTM 31929 b

1each year the sanitary district shall have the accounts
2properly audited. A report of that audit shall be open for
3inspection at all proper times to any taxpayer, sewerage
4system user, or the holder of any bond issued under this Act,
5or their respective representatives.
6(Source: Laws 1941, vol. 2, p. 435.)
 
7    (70 ILCS 3010/23 new)
8    Sec. 23. Government Reporting Enhancement and Transparency
9Act.
10    (a) For fiscal years ending before January 1, 2028,
11notwithstanding any other provision of law to the contrary,
12the operations and fiscal activities of each sanitary district
13shall be subject to the Governmental Account Audit Act.
14    (b) For fiscal years beginning after December 31, 2027,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of each sanitary district
17shall be subject to the Government Reporting Enhancement and
18Transparency Act.
 
19    Section 900-293. The Eastern Will Sanitary District Act is
20amended by adding Section 25 as follows:
 
21    (70 ILCS 3020/25 new)
22    Sec. 25. Government Reporting Enhancement and Transparency
23Act.

 

 

HB5391- 312 -LRB104 18487 RTM 31929 b

1    (a) For fiscal years ending before January 1, 2028,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of each sanitary district
4shall be subject to the Governmental Account Audit Act.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of each sanitary district
8shall be subject to the Government Reporting Enhancement and
9Transparency Act.
 
10    Section 900-295. The Solid Waste Disposal District Act is
11amended by changing Section 10 and by adding Sections 26 and 30
12as follows:
 
13    (70 ILCS 3105/10)  (from Ch. 85, par. 1660)
14    Sec. 10. Within 60 days after their selection, the
15trustees shall organize by selecting from their members a
16president, secretary, treasurer and such other officers as are
17deemed necessary, who shall hold office for the fiscal year in
18which elected and until their successors are selected and
19qualify. Three trustees shall constitute a quorum of the board
20for the transaction of business. The board shall hold regular
21monthly meetings. Special meetings may be called by the
22president and shall be called on the request of a majority of
23members as may be required.
24    The board shall provide for the proper and safe keeping of

 

 

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1its permanent records and for the recording of the corporate
2action of the district. It shall keep a proper system of
3accounts showing a true and accurate record of its receipts
4and disbursements and it shall cause an annual audit to be made
5of its books, records and accounts for fiscal years ending
6before January 1, 2028.
7    The records of the district shall be subject to public
8inspection at all reasonable hours and under such regulations
9as the board may prescribe.
10    The district shall annually make a full and complete
11report to the county board of each county within the district
12or, if the boundaries of the district are not coextensive with
13a county or counties, to the board of township trustees of each
14township within the district and to the Environmental
15Protection Agency of its transactions and operations for the
16preceding year. Such report shall contain a full statement of
17its receipts, disbursements and the program of work for the
18period covered, and may include such recommendations as may be
19deemed advisable.
20    Executive or ministerial duties may be delegated to one or
21more trustees or to an authorized officer, employee, agent,
22attorney or other representative of the district.
23    All officers and employees authorized to receive or retain
24the custody of money or to sign vouchers, checks, warrants or
25evidences of indebtedness binding upon the district shall
26furnish surety bond for the faithful performance of their

 

 

HB5391- 314 -LRB104 18487 RTM 31929 b

1duties and the faithful accounting for all moneys that may
2come into their hands in an amount to be fixed and in a form to
3be approved by the board.
4    All contracts for supplies, material or work involving an
5expenditure in excess of $1,500 shall be let to the lowest
6responsible bidder, after due advertisement except work
7requiring personal confidence or necessary supplies under the
8control of monopolies, where competitive bidding is
9impossible. All contracts for supplies, material or work shall
10be signed by the president of the board and by any such other
11office as the board in its discretion may designate.
12(Source: P.A. 80-689.)
 
13    (70 ILCS 3105/26 new)
14    Sec. 26. Government Reporting Enhancement and Transparency
15Act.
16    (a) For fiscal years ending before January 1, 2028,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of each district shall be
19subject to the Governmental Account Audit Act.
20    (b) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of each district shall be
23subject to the Government Reporting Enhancement and
24Transparency Act.
 

 

 

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1    (70 ILCS 3105/30 new)
2    Sec. 30. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each district shall be
7subject to the Governmental Account Audit Act.
8    (b) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of each district shall be
11subject to the Government Reporting Enhancement and
12Transparency Act.
 
13    Section 900-300. The Street Light District Act is amended
14by adding Section 5.2 as follows:
 
15    (70 ILCS 3305/5.2 new)
16    Sec. 5.2. Government Reporting Enhancement and
17Transparency Act.
18    (a) For fiscal years ending before January 1, 2028,
19notwithstanding any other provision of law to the contrary,
20the operations and fiscal activities of each district shall be
21subject to the Governmental Account Audit Act.
22    (b) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of each district shall be

 

 

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1subject to the Government Reporting Enhancement and
2Transparency Act.
 
3    Section 900-305. The Surface Water Protection District Act
4is amended by adding Section 30 as follows:
 
5    (70 ILCS 3405/30 new)
6    Sec. 30. Government Reporting Enhancement and Transparency
7Act.
8    (a) For fiscal years ending before January 1, 2028,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of the River Valley
11Special Recreation Association shall be subject to the
12Governmental Account Audit Act.
13    (b) For fiscal years beginning after December 31, 2027,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of the River Valley
16Special Recreation Association shall be subject to the
17Government Reporting Enhancement and Transparency Act.
 
18    Section 900-310. The Metropolitan Transit Authority Act is
19amended by changing Section 35 as follows:
 
20    (70 ILCS 3605/35)  (from Ch. 111 2/3, par. 335)
21    Sec. 35. Government Reporting Enhancement and Transparency
22Act.

 

 

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1    (a) For fiscal years ending before January 1, 2028, as As
2soon after the end of each fiscal year as may be expedient, the
3Board shall cause to be prepared and printed a complete and
4detailed report and financial statement of its operations and
5of its assets and liabilities. A reasonably sufficient number
6of copies of such report shall be printed for distribution to
7persons interested, upon request, and a copy thereof shall be
8filed with the Governor, the county clerk of Cook County and
9the clerk of each municipality which has adopted this Act, or
10which has granted rights to the Authority by ordinance. A copy
11of such report shall be addressed to and mailed to the Mayor
12and City Council or President and Board of Trustees of such
13municipality.
14    (b) For fiscal years beginning after December 31, 2027,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of the Authority shall be
17subject to the Government Reporting Enhancement and
18Transparency Act.
19(Source: P.A. 84-939.)
 
20    Section 900-315. The Local Mass Transit District Act is
21amended by changing Section 7 as follows:
 
22    (70 ILCS 3610/7)  (from Ch. 111 2/3, par. 357)
23    Sec. 7. Government Reporting Enhancement and Transparency
24Act.

 

 

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1    (a) For fiscal years ending before January 1, 2028, it It
2shall be the duty of the Board of Trustees of every District to
3cause an annual audit of its accounts to be made by a certified
4public accountant of Illinois. The audit shall be completed,
5filed with the District within 4 months after the close of each
6fiscal year of the District. Certified copies of annual audits
7shall likewise be filed with the Secretary of State and with
8the governing body or bodies which created the District.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each district shall be
12subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: Laws 1959, p. 1635.)
 
15    Section 900-320. The Regional Transportation Authority Act
16is amended by changing Section 4.05 and by adding Section 4.17
17as follows:
 
18    (70 ILCS 3615/4.05)  (from Ch. 111 2/3, par. 704.05)
19    Sec. 4.05. Financial Statements and Annual Reports.
20    (a) Within 7 six months after the end of each fiscal year,
21the Board shall prepare a complete and detailed report
22consolidating the financial statements audits of the Service
23Boards with the Authority's financial statements. The
24consolidated financial statements shall set forth the

 

 

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1        (1) revenues and expenses;
2        (2) cash flows where applicable;
3        (3) assets, deferred outflows of resources,
4    liabilities, deferred inflows of resources, fund balance
5    or net position of each entity and the combined total with
6    appropriate eliminations; and
7        (4) notes to the consolidated financial statements.
8    (b) In addition to consolidated financial statements, the
9report prepared pursuant to subsection (a) shall review and
10reviewing the state State of the Authority, the Service
11Boards, and of the public transportation provided by the
12various Service Boards and transportation agencies. The report
13shall include evaluations of public transportation in the
14metropolitan region and of the fiscal activities of the
15Authority and the Service Boards Authority's activities, and
16financial statements of the Authority's and the Service
17Boards' revenues and expenditures for such year and of their
18assets and liabilities, which financial statements shall have
19been audited by an independent certified public accountant.
20    (c) In addition to consolidated financial statements, the
21report prepared pursuant to subsection (a) The report shall
22also set forth the financial results as reported to the
23Service Boards from each transportation agency which during
24such year had a purchase of service agreement with a Service
25Board or which received financial grants or financial
26assistance from a Service Board, such results to be set forth

 

 

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1separately for each such agency.
2    (d) A sufficient number of copies of each annual report
3shall be printed for distribution to anyone, upon request, and
4a copy thereof shall be filed with the Governor, the State
5Comptroller, the Speaker and Minority Leader of the Illinois
6House of Representatives, the President and Minority Leader of
7the Illinois Senate, the Mayor of the City of Chicago and the
8President or Chairman of the county board of each county in the
9metropolitan region, each Service Board, and with each
10transportation agency which during such year had a purchase of
11service agreement with a Service Board or which received
12financial grants or other financial assistance from a Service
13Board.
14(Source: P.A. 83-1362.)
 
15    (70 ILCS 3615/4.17 new)
16    Sec. 4.17. Government Reporting Enhancement and
17Transparency Act. For fiscal years beginning after December
1831, 2027, notwithstanding any other provision of law to the
19contrary, the operations and fiscal activities of each Service
20Board and the Authority shall be subject to the Government
21Reporting Enhancement and Transparency Act.
 
22    Section 900-325. The Public Water District Act is amended
23by changing Section 14 as follows:
 

 

 

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1    (70 ILCS 3705/14)  (from Ch. 111 2/3, par. 201)
2    Sec. 14. Government Reporting Enhancement and Transparency
3Act.
4    (a) It shall be the duty of the board of trustees to
5install and maintain a proper system of accounts showing
6receipts from operation and the application of the same, and
7the board shall at least once a year cause such accounts to be
8properly audited by a licensed Certified Public Accountant
9permitted to perform audits under the Illinois Public
10Accounting Act for fiscal years ending before January 1, 2028.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of a water district shall
14be subject to the Government Reporting Enhancement and
15Transparency Act.
16(Source: P.A. 94-465, eff. 8-4-05.)
 
17    Section 900-330. The Water Service District Act is amended
18by adding Sections 14 as follows:
 
19    (70 ILCS 3710/14 new)
20    Sec. 14. Government Reporting Enhancement and Transparency
21Act.
22    (a) For fiscal years ending before January 1, 2028,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of each district shall be

 

 

HB5391- 322 -LRB104 18487 RTM 31929 b

1subject to the Governmental Account Audit Act.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of each district shall be
5subject to the Government Reporting Enhancement and
6Transparency Act.
 
7    Section 900-333. The Water Authorities Act is amended by
8adding Section 6d as follows:
 
9    (70 ILCS 3715/6d new)
10    Sec. 6d. Government Reporting Enhancement and Transparency
11Act.
12    (a) For fiscal years ending before January 1, 2028,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of each district shall be
15subject to the Governmental Account Audit Act.
16    (b) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of each district shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
 
21    Section 900-335. The Water Commission Act of 1985 is
22amended by changing Section 0.001b and by adding Section 6 as
23follows:
 

 

 

HB5391- 323 -LRB104 18487 RTM 31929 b

1    (70 ILCS 3720/0.001b)
2    Sec. 0.001b. Powers and duties. A water commission has the
3power and duty to:
4        (1) establish and define the responsibilities of the
5    commission and its committees;
6        (2) establish and define the responsibilities of the
7    commission's management and staff;
8        (3) establish a finance committee to conduct monthly
9    meetings to supervise staff's handling of financial
10    matters and budgeting;
11        (4) require the finance director and treasurer to
12    report to the finance committee the status of all
13    commission funds and obligations;
14        (5) require the treasurer to report to the commission
15    any improper or unnecessary expenditures, budgetary
16    errors, or accounting irregularities;
17        (6) require commission staff to document and comply
18    with standard accounting policies, procedures, and
19    controls to ensure accurate reporting to the finance
20    committee and commission and to identify improper or
21    unnecessary expenditures, budgetary errors, or accounting
22    irregularities;
23        (7) require the commission's finance director to
24    provide monthly reports regarding the commission's cash
25    and investment position including whether the commission

 

 

HB5391- 324 -LRB104 18487 RTM 31929 b

1    has sufficient cash and investments to pay its debt
2    service, operating expenses, and capital expenditures and
3    maintain required reserve levels. The information shall
4    include the required funding levels for restricted funds
5    and unrestricted cash and investment balances with
6    comparisons to unrestricted reserves. The information
7    shall also include the type and performance of the
8    commission's investments and description as to whether
9    those investments are in compliance with the commission's
10    investment policies;
11        (8) require the commission's finance director to
12    provide the commission with detailed information
13    concerning the commission's operating performance
14    including the budgeted and actual monthly amounts for
15    water sales, water costs, and other operating expenses;
16        (9) require commission staff to provide the commission
17    with detailed information regarding the progress of
18    capital projects including whether the percentage of
19    completion and costs incurred are timely;
20        (10) require the commission's staff accountant to
21    perform bank reconciliations and general ledger account
22    reconciliations on a monthly basis; the finance director
23    shall review these reconciliations and provide them to the
24    treasurer and the finance committee on a monthly basis;
25        (11) establish policies to ensure the proper
26    segregation of the financial duties performed by

 

 

HB5391- 325 -LRB104 18487 RTM 31929 b

1    employees;
2        (12) restrict access to the established accounting
3    systems and general ledger systems and provide for
4    adequate segregation of duties so that no single person
5    has sole access and control over the accounting system or
6    the general ledger system;
7        (13) require that the finance director review and
8    approve all manual journal entries and supporting
9    documentation; the treasurer shall review and approve the
10    finance director's review and approval of manual journal
11    entries and supporting documentation;
12        (14) require that the finance director closely monitor
13    the progress of construction projects;
14        (15) require that the finance director carefully
15    document any GAAP analysis or communications with GASB and
16    provide full and timely reports for the same to the
17    finance committee;
18        (16) retain an outside independent auditor to perform
19    a comprehensive audit of the water commission's financial
20    activities for each fiscal year in conformance with the
21    standard practices of the Association of Governmental
22    Auditors for fiscal years ending before January 1, 2028;
23    within 30 days after the independent audit is completed,
24    the results of the audit must be sent to the county
25    auditor; and
26        (17) (blank).

 

 

HB5391- 326 -LRB104 18487 RTM 31929 b

1(Source: P.A. 104-328, eff. 1-1-26.)
 
2    (70 ILCS 3720/6 new)
3    Sec. 6. Government Reporting Enhancement and Transparency
4Act.
5    (a) For fiscal years ending before January 1, 2028,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of each water commission
8shall be subject to the Governmental Account Audit Act.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each water commission
12shall be subject to the Government Reporting Enhancement and
13Transparency Act.
 
14    Section 900-340. The Illinois Local Library Act is amended
15by changing Section 4-10 as follows:
 
16    (75 ILCS 5/4-10)  (from Ch. 81, par. 4-10)
17    Sec. 4-10. Reports and audits.
18    (a) Within 60 days after the expiration of each fiscal
19year of the city, incorporated town, village or township, the
20board of trustees shall make a report of the condition of their
21trust on the last day of the fiscal year, to the city council,
22board of trustees or board of town trustees, as the case may
23be. This report shall be made in writing and shall be verified

 

 

HB5391- 327 -LRB104 18487 RTM 31929 b

1under oath by the secretary, or some other responsible officer
2of the board of trustees. It shall contain (1) an itemized
3statement of the various sums of money received from the
4library fund and from other sources; (2) an itemized statement
5of the objects and purposes for which those sums of money have
6been expended; (3) a statement of the number of books and
7periodicals available for use, and the number and character
8thereof circulated; (4) a statement of the real and personal
9property acquired by legacy, purchase, gift or otherwise; (5)
10a statement of the character of any extensions of library
11service which have been undertaken; (6) (blank); (7) a
12statement as to the amount of accumulations and the reasons
13therefor; (8) a statement as to any outstanding liabilities
14including those for bonds still outstanding or amounts due for
15judgments, settlements, liability insurance, or for amounts
16due under a certificate of the board; (9) any other
17statistics, information and suggestions that may be of
18interest. A report shall also be filed, at the same time, with
19the Illinois State Library.
20    (b) The board of trustees of a municipal library shall
21also submit to the city council, board of trustees or board of
22town trustees, along with the Illinois State Library, a
23statement of financial requirements of the library for the
24ensuing fiscal year for inclusion in the appropriation of the
25corporate authority, and of the amount of money which, in the
26judgment of the board of library trustees, will be necessary

 

 

HB5391- 328 -LRB104 18487 RTM 31929 b

1to levy for library purposes in the next annual tax levy
2ordinance. This statement shall be submitted no less than 60
3days prior to when the tax levy must be certified under
4subsection (b) of Section 18-15 of the Property Tax Code.
5    (c)The board of trustees in a township shall also submit
6its appropriation and levy determinations to the Board of
7Township Trustees as provided in "The Illinois Municipal
8Budget Law", as amended.
9    (d) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary, if
11the library is a separate legal entity from a village,
12incorporated town, or township, the operations and fiscal
13activities of the library shall be subject to the Government
14Reporting Enhancement and Transparency Act.
15(Source: P.A. 100-245, eff. 8-22-17.)
 
16    Section 900-345. The Illinois Library System Act is
17amended by changing Section 10 as follows:
 
18    (75 ILCS 10/10)  (from Ch. 81, par. 120)
19    Sec. 10. Government Reporting Enhancement and Transparency
20Act.
21    (a) Each library system receiving state aid shall furnish
22an annual report and such information regarding its library
23service as the State Librarian may from time to time require.
24The State Librarian may revoke his approval of a library

 

 

HB5391- 329 -LRB104 18487 RTM 31929 b

1system if he finds that it does not conform to the plan of
2service or the regulations promulgated by the State Librarian;
3or in case of a provisional approval, if such library system
4does not fulfill the terms upon which provisional approval was
5based. In such a case a library system shall not thereafter be
6entitled to state aid until its bylaws or plan of service is
7again approved by the State Librarian.
8    (b) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of each library system
11shall be subject to the Government Reporting Enhancement and
12Transparency Act.
13(Source: P.A. 83-411.)
 
14    Section 900-350. The Public Library District Act of 1991
15is amended by changing Sections 30-45 and 30-65 as follows:
 
16    (75 ILCS 16/30-45)
17    Sec. 30-45. Duties of officers.
18    (a) The duties of the officers of the board are as provided
19in this Section.
20    (b) The president shall preside over all meetings, appoint
21members of committees authorized by the district's
22regulations, and perform other duties specified by the
23district's regulations, ordinances, or other appropriate
24action. In the president's absence, the vice president shall

 

 

HB5391- 330 -LRB104 18487 RTM 31929 b

1preside at meetings. The president shall not have or exercise
2veto powers.
3    (c) The vice president's duties shall be prescribed by
4regulations.
5    (d) The treasurer shall keep and maintain accounts and
6records of the district during the treasurer's term in office,
7indicating in those accounts and records a record of all
8receipts, disbursements, and balances in any funds.
9    For fiscal years ending before January 1, 2028, annual
10Annual audit and financial report requirements shall conform
11with Section 3 of the Governmental Account Audit Act.
12    (e) The treasurer shall give bond to the district to
13faithfully discharge the duties of the office and to account
14to the district for all district funds coming into the
15treasurer's hands. The bond shall be in an amount and with
16sureties approved by the board. The amount of the bond shall be
17based upon a minimum of 10% of the total funds received by the
18district in the last previous fiscal year. The cost of any
19surety bond shall be borne by the district. As an alternative
20to a personal bond on the treasurer, the treasurer may secure
21for the district an insurance policy or other insurance
22instrument that provides the district with coverage for
23negligent or intentional acts by district officials and
24employees that could result in the loss of district funds. The
25coverage shall be in an amount at least equal to 10% of the
26average amount of the district's operating fund from the prior

 

 

HB5391- 331 -LRB104 18487 RTM 31929 b

13 fiscal years. The coverage shall be placed with an insurer
2approved by the board. The cost of any such coverage shall be
3borne by the district. The system shall provide the Illinois
4State Library a copy of the district's certificate of
5insurance at the time the district's annual report is filed.
6    (f) Any person, entity, or public body or agency
7possessing district funds, property, or records shall, upon
8demand by any trustee, transfer and release the funds,
9property, or records to the treasurer.
10    (g) The secretary shall keep and maintain appropriate
11records for his or her term in office and shall include in
12those records a record of the minutes of all meetings, the
13names of those in attendance, the ordinances enacted, the
14resolutions and regulations adopted, and all other pertinent
15written matter affecting the operation of the district. The
16secretary may administer oaths and affirmations for the
17purposes of this Act.
18(Source: P.A. 103-592, eff. 6-7-24.)
 
19    (75 ILCS 16/30-65)
20    Sec. 30-65. Reports and audits.
21    (a) For fiscal years ending before January 1, 2028, on On
22or before September 1 of each year, the board shall prepare a
23written report for the past fiscal year. The secretary shall
24file certified copies of the report on or before the due date
25with the Illinois State Librarian and in the library or

 

 

HB5391- 332 -LRB104 18487 RTM 31929 b

1libraries operated by the district, where the report shall be
2available for public inspection. The report shall include the
3following:
4        (1) The audit of the secretary and the secretary's
5    records as provided in subsection (c).
6        (2) A statement as to any change in the limits and
7    boundaries of the district.
8        (3) A statement as to property of any type acquired by
9    the district by purchase, legacy, gift, or otherwise.
10        (4) A statement as to the amount of accumulations and
11    the reasons for the accumulations.
12        (5) A statement as to any outstanding liabilities,
13    including those for bonds still outstanding.
14        (6) Any other pertinent information requested by the
15    Illinois State Librarian.
16    (b) For fiscal years ending before January 1, 2028, where
17Where dissolution of the district has been approved, the board
18shall prepare a final report.
19    (c) For fiscal years ending before January 1, 2028, the
20The secretary's records shall be audited by 2 other trustees
21appointed by the president. The audit shall be conducted each
22fiscal year and upon the change of secretaries. The audit
23report shall be filed not later than 90 days following the
24completion of the fiscal year. The report shall certify the
25accuracy and completeness of the secretary's records and shall
26list the discrepancies, if any. The report of the audit of the

 

 

HB5391- 333 -LRB104 18487 RTM 31929 b

1secretary's records shall be made a part of the secretary's
2records.
3    (d) The board shall take whatever action is deemed
4necessary to cure the discrepancies reported to it by any
5audit committee.
6    (e) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the district shall be
9subject to the Government Reporting Enhancement and
10Transparency Act.
11(Source: P.A. 87-1277; 88-442; 88-670, eff. 12-2-94.)
 
12    Section 900-355. The Village Library and Gymnasium Tax Act
13is amended by adding Section 3 as follows:
 
14    (75 ILCS 50/3 new)
15    Sec. 3. Government Reporting Enhancement and Transparency
16Act. For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary, if
18the library is a separate legal entity from the village, the
19operations and fiscal activities of the library shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
 
22    Section 900-360. The Public Community College Act is
23amended by changing Sections 3-22.1, 3-22.2, and 7-24 as

 

 

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1follows:
 
2    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
3    Sec. 3-22.1. Government Reporting Enhancement and
4Transparency Act.
5    (a) For fiscal years ending before January 1, 2028, the
6board shall To cause an audit to be made as of the end of each
7fiscal year by an accountant licensed to practice public
8accounting in Illinois and appointed by the board. The auditor
9shall perform his or her examination in accordance with
10generally accepted auditing standards and regulations
11prescribed by the State Board, and submit his or her report
12thereon in accordance with generally accepted accounting
13principles. The examination and report shall include a
14verification of student enrollments and any other bases upon
15which claims are filed with the State Board. The audit report
16shall include a statement of the scope and findings of the
17audit and a professional opinion signed by the auditor. If a
18professional opinion is denied by the auditor he or she shall
19set forth the reasons for that denial. The board shall not
20limit the scope of the examination to the extent that the
21effect of such limitation will result in the qualification of
22the auditor's professional opinion. The procedures for payment
23for the expenses of the audit shall be in accordance with
24Section 9 of the Governmental Account Audit Act. Copies of the
25audit report shall be filed with the State Board in accordance

 

 

HB5391- 335 -LRB104 18487 RTM 31929 b

1with regulations prescribed by the State Board.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of the Board shall be
5subject to the Government Reporting Enhancement and
6Transparency Act.
7(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19.)
 
8    (110 ILCS 805/3-22.2)  (from Ch. 122, par. 103-22.2)
9    Sec. 3-22.2. For fiscal years ending before January 1,
102028, the board shall To publish annually a financial
11statement in accordance with rules and regulations issued by
12the State Board. Such statement shall be published at least
13once in a newspaper of general circulation in the community
14college district.
15(Source: P.A. 79-304.)
 
16    (110 ILCS 805/7-24)  (from Ch. 122, par. 107-24)
17    Sec. 7-24. Government Reporting Enhancement and
18Transparency Act.
19    (a) For fiscal years ending before January 1, 2028, the
20The board shall yearly, and may as often as necessary, appoint
21certified public accountants to examine the business methods
22and audit the accounts of the board, and to submit a report of
23that examination and audit, together with any of their
24recommendations as to changes in business methods of the board

 

 

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1or any of its departments, officers or employees. That report
2shall be made to the mayor, the city council, and the board and
3be filed in the records of the board. The board shall prepare,
4publish and transmit to the mayor and the city council an
5annual report including in detail all receipts and
6expenditures, specifying the source of the receipts and the
7objects of the expenditures.
8    (b) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of the Board shall be
11subject to the Government Reporting Enhancement and
12Transparency Act.
13(Source: P.A. 83-343.)
 
14    Section 900-365. The Housing Authorities Act is amended by
15changing Section 8.10 as follows:
 
16    (310 ILCS 10/8.10)  (from Ch. 67 1/2, par. 8.10)
17    Sec. 8.10. Government Reporting Enhancement and
18Transparency Act.
19    (a) For fiscal years ending before January 1, 2028, as As a
20part of its annual report, every Housing Authority shall
21present statements setting forth for each project of the
22Housing Authority a balance sheet, a classified statement of
23revenues and expenditures and of receipts and disbursements
24and a surplus statement, and also a consolidated balance sheet

 

 

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1and consolidated classified statements of revenues and
2expenditures, and of receipts and disbursements and a surplus
3statement reflecting the financial status and condition of the
4Housing Authority as a whole as of the close of the immediately
5preceding fiscal year. All statements shall be made separately
6for bond interest and retirement, capital and operating
7accounts. The report for the Housing Authority in any
8municipality containing over 500,000 inhabitants shall also
9include a separate statement setting out the total amount of
10rent received for, and the amount of money expended on, each
11housing project as that term is defined in Section 17 (g) of
12this Act under the jurisdiction of the Housing Authority and
13shall also include a complete schedule of salaries in effect
14on the date of the report and to whom such salaries are paid.
15The report for Housing Authorities other than those in
16municipalities containing over 500,000 inhabitants shall
17include a separate statement setting out in detail the exact
18amount of rent received for, and the amount of money expended
19on, each housing project as that term is defined in Section 17
20(g) of this Act under the jurisdiction of the Housing
21Authority and shall also include a complete schedule of the
22salaries in effect on the date of the report and to whom
23salaries are being paid. All statements shall be made
24separately for bond interest and retirement, capital and
25operating accounts. The annual report of every Housing
26Authority shall also include the amount or amounts of service

 

 

HB5391- 338 -LRB104 18487 RTM 31929 b

1charge or charges paid or proffered to the County Collector or
2to the appropriate officer or officers, of any municipal
3corporation in lieu of normal real estate taxes, identified to
4show the year or years and project or projects for which
5payment was made or proffered. The requirements of this
6Section can be fulfilled by the filing of an annual certified
7audit conducted in accordance with federal Housing and Urban
8Development requirements with the presiding officers and
9legislative authorities of the city, village, incorporated
10town or county.
11    (b) For fiscal years ending before January 1, 2028, in In
12addition to all other information required herein, the Housing
13Authority in any municipality or county containing over
14500,000 inhabitants shall prepare and maintain a summary
15tabulation for each project for the period covered by the
16annual report showing the number of and size of individual
17housing accommodations; the number of units occupied by
18families in the various income groups; the total number of
19persons; the age group of the head of the household of
20move-ins; the number of persons comprising the household; the
21rent schedules for determining contract rents; and the number
22of workers per family moving in; the year of admission of
23families to public housing; the number of move-ins with the
24size of family; income groups of families moving in; size of
25unit occupied by families moving in or out; and information as
26to family composition; and information as to number of

 

 

HB5391- 339 -LRB104 18487 RTM 31929 b

1families receiving public assistance or social security
2benefits. All information shall be a matter of public record
3and shall be made available by the Housing Authority, on
4request, at any reasonable time without fee or reward.
5    (c) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of the Housing Authority
8shall be subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: P.A. 87-200.)
 
11    Section 900-370. The Illinois Highway Code is amended by
12adding Section 6-145 as follows:
 
13    (605 ILCS 5/6-145 new)
14    Sec. 6-145. Government Reporting Enhancement and
15Transparency Act.
16    (a) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of each township and road
19district comprised of a single township shall be combined and
20shall be subject to the Government Reporting Enhancement and
21Transparency Act.
22    (b) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of each road district

 

 

HB5391- 340 -LRB104 18487 RTM 31929 b

1other than a road district comprised of a single township
2shall be subject to the Government Reporting Enhancement and
3Transparency Act.
 
4
ARTICLE 999

 
5    Section 999-99. Effective date. This Act takes effect upon
6becoming law.

 

 

HB5391- 341 -LRB104 18487 RTM 31929 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 220/10 new
5    15 ILCS 405/23.7
6    35 ILCS 200/2-23 new
7    35 ILCS 200/30-30 rep.
8    35 ILCS 200/30-31 rep.
9    50 ILCS 20/10from Ch. 85, par. 1040
10    50 ILCS 305/1from Ch. 85, par. 601
11    50 ILCS 310/4.5
12    50 ILCS 310/10.5 new
13    55 ILCS 5/6-31003from Ch. 34, par. 6-31003
14    55 ILCS 5/6-31004from Ch. 34, par. 6-31004
15    55 ILCS 5/6-31005from Ch. 34, par. 6-31005
16    55 ILCS 5/6-31006from Ch. 34, par. 6-31006
17    55 ILCS 5/6-31007 new
18    55 ILCS 5/6-31008from Ch. 34, par. 6-31008
19    55 ILCS 5/6-31009from Ch. 34, par. 6-31009
20    55 ILCS 5/6-31010from Ch. 34, par. 6-31010
21    55 ILCS 5/6-31011from Ch. 34, par. 6-31011
22    55 ILCS 5/6-31012
23    55 ILCS 5/6-31013
24    60 ILCS 1/80-20
25    60 ILCS 1/80-65

 

 

HB5391- 342 -LRB104 18487 RTM 31929 b

1    60 ILCS 1/205-90
2    65 ILCS 5/3.1-35-115from Ch. 24, par. 3.1-35-115
3    65 ILCS 5/4-5-16from Ch. 24, par. 4-5-16
4    65 ILCS 5/8-8-3from Ch. 24, par. 8-8-3
5    65 ILCS 5/8-8-3.5
6    65 ILCS 5/8-8-4from Ch. 24, par. 8-8-4
7    65 ILCS 5/8-8-5from Ch. 24, par. 8-8-5
8    65 ILCS 5/8-8-7from Ch. 24, par. 8-8-7
9    65 ILCS 5/8-8-8from Ch. 24, par. 8-8-8
10    65 ILCS 5/8-8-10from Ch. 24, par. 8-8-10
11    65 ILCS 5/8-8-10.5
12    65 ILCS 5/8-12-15from Ch. 24, par. 8-12-15
13    65 ILCS 5/11-10-2from Ch. 24, par. 11-10-2
14    65 ILCS 5/11-65-9from Ch. 24, par. 11-65-9
15    65 ILCS 5/11-74.4-5from Ch. 24, par. 11-74.4-5
16    65 ILCS 5/11-74.4-8afrom Ch. 24, par. 11-74.4-8a
17    65 ILCS 5/11-74.6-22
18    65 ILCS 5/11-94-5from Ch. 24, par. 11-94-5
19    65 ILCS 5/11-117-13from Ch. 24, par. 11-117-13
20    65 ILCS 5/11-119.1-4from Ch. 24, par. 11-119.1-4
21    65 ILCS 5/11-119.2-4from Ch. 24, par. 11-119.2-4
22    65 ILCS 5/11-122-5from Ch. 24, par. 11-122-5
23    65 ILCS 5/11-123-14from Ch. 24, par. 11-123-14
24    65 ILCS 5/11-130-11from Ch. 24, par. 11-130-11
25    65 ILCS 5/11-139-10from Ch. 24, par. 11-139-10
26    65 ILCS 5/11-141-8from Ch. 24, par. 11-141-8

 

 

HB5391- 343 -LRB104 18487 RTM 31929 b

1    65 ILCS 95/5.5 new
2    65 ILCS 95/11from Ch. 24, par. 1611
3    70 ILCS 5/11from Ch. 15 1/2, par. 68.11
4    70 ILCS 10/3from Ch. 15 1/2, par. 253
5    70 ILCS 105/5from Ch. 21, par. 64.24e
6    70 ILCS 200/2-135
7    70 ILCS 200/15-40
8    70 ILCS 200/20-70
9    70 ILCS 200/30-35
10    70 ILCS 200/50-35
11    70 ILCS 200/55-60
12    70 ILCS 200/100-55
13    70 ILCS 200/110-35
14    70 ILCS 200/125-50
15    70 ILCS 200/155-65
16    70 ILCS 200/175-30
17    70 ILCS 200/185-55
18    70 ILCS 200/190-55
19    70 ILCS 200/195-35
20    70 ILCS 200/200-65
21    70 ILCS 200/205-105
22    70 ILCS 200/250-40
23    70 ILCS 200/255-130
24    70 ILCS 200/280-90
25    70 ILCS 200/15-35 rep.
26    70 ILCS 200/20-65 rep.

 

 

HB5391- 344 -LRB104 18487 RTM 31929 b

1    70 ILCS 200/30-30 rep.
2    70 ILCS 200/50-30 rep.
3    70 ILCS 200/55-55 rep.
4    70 ILCS 200/100-50 rep.
5    70 ILCS 200/110-30 rep.
6    70 ILCS 200/125-45 rep.
7    70 ILCS 200/155-60 rep.
8    70 ILCS 200/175-25 rep.
9    70 ILCS 200/185-50 rep.
10    70 ILCS 200/190-50 rep.
11    70 ILCS 200/195-30 rep.
12    70 ILCS 200/200-60 rep.
13    70 ILCS 200/205-85 rep.
14    70 ILCS 200/250-35 rep.
15    70 ILCS 200/255-110 rep.
16    70 ILCS 200/280-85 rep.
17    70 ILCS 210/26from Ch. 85, par. 1246
18    70 ILCS 405/7from Ch. 5, par. 112
19    70 ILCS 410/6from Ch. 96 1/2, par. 7106
20    70 ILCS 410/15.6from Ch. 96 1/2, par. 7122
21    70 ILCS 605/4-32from Ch. 42, par. 4-32
22    70 ILCS 605/4-50 new
23    70 ILCS 705/6.1from Ch. 127 1/2, par. 26.1
24    70 ILCS 705/11afrom Ch. 127 1/2, par. 31a
25    70 ILCS 705/11i
26    70 ILCS 750/35

 

 

HB5391- 345 -LRB104 18487 RTM 31929 b

1    70 ILCS 755/30
2    70 ILCS 805/13.3from Ch. 96 1/2, par. 6326
3    70 ILCS 805/13.7
4    70 ILCS 805/18.5from Ch. 96 1/2, par. 6339
5    70 ILCS 810/24from Ch. 96 1/2, par. 6427
6    70 ILCS 810/35from Ch. 96 1/2, par. 6438
7    70 ILCS 905/15from Ch. 111 1/2, par. 15
8    70 ILCS 905/16 new
9    70 ILCS 910/18from Ch. 23, par. 1268
10    70 ILCS 1005/9.3 new
11    70 ILCS 1105/20from Ch. 85, par. 6820
12    70 ILCS 1205/2-29 new
13    70 ILCS 1205/8-58 new
14    70 ILCS 1205/9-1dfrom Ch. 105, par. 9-1d
15    70 ILCS 1205/9.1-5from Ch. 105, par. 9.1-5
16    70 ILCS 1205/9.2-5from Ch. 105, par. 9.2-5
17    70 ILCS 1205/9.3-5from Ch. 105, par. 9.3-5
18    70 ILCS 1505/26.10-3from Ch. 105, par. 333.23u-3
19    70 ILCS 1605/45
20    70 ILCS 1801/140
21    70 ILCS 1805/33from Ch. 19, par. 633
22    70 ILCS 1807/150
23    70 ILCS 1810/22from Ch. 19, par. 173
24    70 ILCS 1815/43from Ch. 19, par. 843
25    70 ILCS 1816/20 new
26    70 ILCS 1820/25from Ch. 19, par. 875

 

 

HB5391- 346 -LRB104 18487 RTM 31929 b

1    70 ILCS 1825/24from Ch. 19, par. 274
2    70 ILCS 1830/44from Ch. 19, par. 544
3    70 ILCS 1831/140
4    70 ILCS 1832/150
5    70 ILCS 1837/140
6    70 ILCS 1842/110
7    70 ILCS 1845/25from Ch. 19, par. 375
8    70 ILCS 1850/25from Ch. 19, par. 425
9    70 ILCS 1860/25from Ch. 19, par. 308
10    70 ILCS 1863/31
11    70 ILCS 1865/25from Ch. 19, par. 203
12    70 ILCS 2005/16 new
13    70 ILCS 2105/24.5 new
14    70 ILCS 2205/26.1from Ch. 42, par. 272.1
15    70 ILCS 2205/27from Ch. 42, par. 273
16    70 ILCS 2305/5.1 new
17    70 ILCS 2305/11from Ch. 42, par. 287
18    70 ILCS 2405/11from Ch. 42, par. 310
19    70 ILCS 2405/16.12from Ch. 42, par. 315.12
20    70 ILCS 2405/32 new
21    70 ILCS 2605/5.12from Ch. 42, par. 324v
22    70 ILCS 2605/5.13from Ch. 42, par. 324w
23    70 ILCS 2605/11.3from Ch. 42, par. 331.3
24    70 ILCS 2805/14from Ch. 42, par. 425
25    70 ILCS 2805/26mfrom Ch. 42, par. 437m
26    70 ILCS 2805/32nfrom Ch. 42, par. 443n

 

 

HB5391- 347 -LRB104 18487 RTM 31929 b

1    70 ILCS 2805/94 new
2    70 ILCS 2905/4-2from Ch. 42, par. 504-2
3    70 ILCS 2905/5-6 new
4    70 ILCS 3010/8from Ch. 42, par. 319.8
5    70 ILCS 3010/23 new
6    70 ILCS 3020/25 new
7    70 ILCS 3105/10from Ch. 85, par. 1660
8    70 ILCS 3105/26 new
9    70 ILCS 3105/30 new
10    70 ILCS 3305/5.2 new
11    70 ILCS 3405/30 new
12    70 ILCS 3605/35from Ch. 111 2/3, par. 335
13    70 ILCS 3610/7from Ch. 111 2/3, par. 357
14    70 ILCS 3615/4.05from Ch. 111 2/3, par. 704.05
15    70 ILCS 3615/4.17 new
16    70 ILCS 3705/14from Ch. 111 2/3, par. 201
17    70 ILCS 3710/14 new
18    70 ILCS 3715/6d new
19    70 ILCS 3720/0.001b
20    70 ILCS 3720/6 new
21    75 ILCS 5/4-10from Ch. 81, par. 4-10
22    75 ILCS 10/10from Ch. 81, par. 120
23    75 ILCS 16/30-45
24    75 ILCS 16/30-65
25    75 ILCS 50/3 new
26    110 ILCS 805/3-22.1from Ch. 122, par. 103-22.1

 

 

HB5391- 348 -LRB104 18487 RTM 31929 b

1    110 ILCS 805/3-22.2from Ch. 122, par. 103-22.2
2    110 ILCS 805/7-24from Ch. 122, par. 107-24
3    310 ILCS 10/8.10from Ch. 67 1/2, par. 8.10
4    605 ILCS 5/6-145 new