Rep. Natalie A. Manley

Filed: 3/13/2026

 

 


 

 


 
10400HB5391ham001LRB104 18487 RTM 35239 a

1
AMENDMENT TO HOUSE BILL 5391

2    AMENDMENT NO. ______. Amend House Bill 5391 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1Accountants where a CPA firm performs specific procedures on
2financial or non-financial information and reports the CPA
3firm's findings without providing an opinion or conclusion.
4    "Annual cash receipts from all external sources" means all
5cash received by a local government from sources outside of
6the local government itself without duplication.
7    "Annual cash receipts from all external sources" includes,
8but is not limited to, cash receipts from:
9        (1) all tax revenues of any kind, whether ad valorem,
10    sales, use, excise, special, or otherwise;
11        (2) all fees, charges, assessments, fines,
12    forfeitures, service charges, and other similar revenues;
13        (3) all grants, reimbursements, shared revenues, or
14    other intergovernmental revenues received from the federal
15    government, any state, or any other political subdivision
16    or public entity;
17        (4) all interest earnings and investment income;
18        (5) deposits and similar unearned income;
19        (6) all noncapital financing activities;
20        (7) all contributions, donations, gifts, and payments
21    received from private persons, entities, nonprofit
22    organizations, or other nongovernmental sources; and
23        (8) any other cash inflows received from third
24    parties:
25            (A) in exchange for goods or services;
26            (B) under applicable law; or

 

 

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1            (C) from activities not otherwise excluded under
2        this definition.
3    "Annual cash receipts from all external sources" does not
4include cash receipts from:
5        (1) any entity included within the local government's
6    financial reporting entity, except for discretely
7    presented component units;
8        (2) the return of principal from investments or
9    similar financial arrangements, including, but not limited
10    to:
11            (A) certificates of deposit;
12            (B) money market accounts or money market funds;
13            (C) treasury bills, notes, or other government
14        securities;
15            (D) repurchase agreements;
16            (E) commercial paper;
17            (F) corporate bonds or other debt securities;
18            (G) guaranteed investment contracts;
19            (H) external investment pools;
20            (I) time deposits; or
21            (J) other interest-bearing financial instruments
22        held for income or capital preservation;
23        (3) collections of principal on outstanding loans or
24    advances made by the local government;
25        (4) proceeds of indebtedness, including the principal
26    amount and any premium received from the issuance of

 

 

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1    bonds, notes, or other debt obligations;
2        (5) refunds received related to an erroneous payment
3    or overpayment made by the local government;
4        (6) interfund activity, including, but not limited to,
5    transfers, reimbursements, loans, and interfund services
6    provided or used;
7        (7) any transaction that is a capital or
8    capital-related financing activity except for capital
9    grants; or
10        (8) any other transaction that constitutes a
11    conversion of assets rather than revenue.
12    "Attorney General" means the Attorney General of the State
13of Illinois.
14    "Audit committee" means a subcommittee of the responsible
15officials of a local government responsible for overseeing
16financial reporting, monitoring internal controls, receiving
17and reviewing internal audit reports and reports prepared by
18an independent CPA firm, providing guidance on accounting,
19auditing, and financial reporting matters, and recommending
20the selection, retention, and compensation of the local
21government's independent CPA firm.
22    "Cash basis of accounting" means a method of accounting
23under which revenues are recognized only when cash is received
24and expenses are recognized only when cash is paid, without
25regard to when the related income is earned or obligations are
26incurred. For an entity that qualifies as a government under

 

 

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1applicable guidance issued by the American Institute of
2Certified Public Accountants, the term means a method of
3accounting applied within the framework of funds recognized
4under GAAP promulgated by the Governmental Accounting
5Standards Board, under which assets, liabilities, deferred
6inflows of resources, and deferred outflows of resources that
7do not involve cash are not recorded, inflows of resources are
8recognized when cash is received by a fund, outflows of
9resources are recognized when cash is disbursed by a fund, and
10fund balances or net position categories reflect only
11available cash classified in accordance with categories
12prescribed by the Governmental Accounting Standards Board.
13    "Comptroller" means the Comptroller of the State of
14Illinois.
15    "Compliance examination" means an assertion-based
16examination engagement performed in accordance with
17attestation standards established by the American Institute of
18Certified Public Accountants where the objectives of a CPA
19firm are to:
20        (1) obtain reasonable assurance about whether the
21    subject matter as measured or evaluated against the
22    criteria is free from material misstatement;
23        (2) express an opinion in a written report about
24    whether the subject matter is in accordance with or based
25    on the criteria, in all material respects, or the
26    responsible party's assertion is fairly stated, in all

 

 

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

 

 

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

 

 

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1marriage, domestic partnership, or adoption between an
2individual participating in the audit selection process and
3any owner, partner, principal, or employee of a responding CPA
4firm, including, but not limited to, a spouse or domestic
5partner, parent, stepparent, child, stepchild, adopted child,
6sibling, stepsibling, half-sibling, grandparent, grandchild,
7or any relative residing in the same household.
8    "Licensed certified public accountant" means a certified
9public accountant who holds a license issued by the Department
10of Financial and Professional Regulation or an individual
11authorized to use the CPA title under Section 5.2 of the
12Illinois Public Accounting Act.
13    "Listing" means the listing of all local governments
14within the State that are currently seeking an independent CPA
15firm for auditing, attestation, or related professional
16accounting services established under Section 5-10.
17    "Local government" means any general or special purpose
18political subdivision of the State of Illinois, except for
19school districts or an entity subject to mandatory annual or
20biennial post-audits which are required to be audited by or
21under the direction of the Auditor General.
22    "Local Government Advisory Board" means the State
23Comptroller Local Government Advisory Board established under
24Section 22.1 of the State Comptroller Act.
25    "Local Government Registry" means the local government
26registry administered by the Comptroller created under Section

 

 

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115-5.
2    "Management" means the persons with the executive
3responsibility for the conduct of the local government's
4operations, which may include some or all of the Responsible
5Officials.
6    "Request for qualifications" or "RFQ" means a solicitation
7issued by the responsible officials of a local government to
8identify CPA firms possessing the professional qualifications,
9experience, and capability to provide high-quality auditing,
10attestation, or related professional accounting services.
11    "Responsible and responsive firm" means a CPA firm that
12meets all the requirements of the RFQ and demonstrates the
13ability to perform the required services satisfactorily.
14    "Responsible officials" means the elected or appointed
15persons charged with governance and the responsibility for
16overseeing the strategic direction of the local government and
17the obligations related to the accountability of the local
18government.
19    "Single audit" means an engagement performed in accordance
20with the audit requirements of Title 2 of the Code of Federal
21Regulations Part 200, Uniform Administrative Requirements,
22Cost Principles, and Audit Requirements for Federal Awards.
23    "Statewide CPA organization" means a professional
24association organized and operating within the State whose
25membership consists primarily of CPAs, and which is designated
26by the Comptroller for purposes of professional consultation

 

 

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1regarding accounting, auditing and attestation engagements,
2financial reporting, and other related matters.
3    "Statewide organization representing circuit clerks" means
4a professional association organized and operating within the
5State whose membership consists primarily of circuit clerks
6and is designated by the Comptroller for the purposes of
7professional consultation regarding the fiscal and
8administrative operations of circuit clerks.
9    "Template" means the template for the applicable fiscal
10year created and published by the Comptroller under Section
1115-10.
 
12
Article 5. SELECTION, RETENTION, AND COMPENSATION OF A CPA
13
FIRM

 
14    Section 5-5. Purpose. The purpose of this Article is to
15establish a fair, transparent, and competitive process for the
16selection of a local government's independent CPA firm,
17ensuring the engagement team as a whole is qualified,
18competent, and capable of providing high-quality auditing,
19attestation, or related professional accounting services in
20accordance with applicable laws, regulations, and professional
21standards.
 
22    Section 5-10. Posting requests for CPA firms.
23    (a) The Comptroller shall maintain and publish on the

 

 

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1Comptroller's official website a publicly accessible,
2up-to-date listing of all local governments within the State
3that are currently seeking an independent CPA firm for
4auditing, attestation, or related professional accounting
5services.
6    (b) The listing shall include, at a minimum, the name and
7contact information of the local government, the local
8government's RFQ, the deadline for the submission of responses
9to the local government's audit committee or responsible
10officials, and any other information deemed useful by the
11Comptroller.
12    (c) The Comptroller shall provide guidance, technical
13assistance, and other resources to responsible officials to
14support the selection of a qualified independent CPA firm for
15auditing, attestation, or related professional accounting
16services at each local government. The assistance provided by
17the Comptroller may include, but is not limited to, (i)
18guidance on the preparation and posting of a RFQ, including a
19draft fillable RFQ, (ii) best practices for evaluating the
20qualifications, independence, and experience of prospective
21CPA firms, (iii) sample engagement agreements, contract terms,
22and compensation arrangements consistent with professional
23standards and State law, (iv) guides or checklists for
24documenting the selection process and rationale for CPA firm
25retention, and (v) technical advice on compliance with
26applicable professional auditing standards and ethical

 

 

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1requirements.
2    (d) All guidance, checklists, and informational resources
3provided by the Comptroller shall be made publicly available
4on the Comptroller's official website to ensure transparency
5and facilitate ease of access by responsible officials.
 
6    Section 5-15. Transition fiscal years.
7    (a) The Comptroller shall assign and publish on the
8Comptroller's official website each local government a
9transition fiscal year for fiscal years beginning after
10December 31, 2027 through fiscal year beginning after December
1131, 2033, inclusive, no later than June 30, 2027. In
12determining a local government's transition year, the
13Comptroller shall, to the extent practicable, consider (i) the
14size of the local government, (ii) the scope and complexity of
15the auditing, attestation, or related professional accounting
16services required by the local government, (iii) the local
17government's geographic region, (iv) the number of local
18governments anticipated to need to issue a RFQ during the
19earlier initial transition years, and (v) CPA firm capacity to
20balance the amount of RFQs during each fiscal year.
21    (b) During the transition year assigned by the
22Comptroller, the responsible officials of a local government
23shall initiate the independent CPA firm selection process by
24issuing a public RFQ for auditing, attestation, or related
25professional accounting services under Section 5-20.

 

 

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1    (c) The responsible officials of a local government shall
2initiate the independent CPA firm selection process by issuing
3a public RFQ for auditing, attestation, or related
4professional accounting services under Section 5-20 earlier
5than the Comptroller's assigned transition year if the local
6government's current auditor was not retained under Section
75-25 or the local government did not have an independent CPA
8firm engaged for the immediately preceding fiscal year.
 
9    Section 5-20. Independent CPA firm selection process.
10    (a) At least once every 8 fiscal years, responsible
11officials of a local government shall initiate the independent
12CPA firm selection process by issuing a public RFQ for
13auditing, attestation, or related professional accounting
14services.
15    (b) The responsible officials or audit committee if
16designated by the responsible officials shall develop a RFQ
17which includes:
18        (1) a detailed description of the scope of services to
19    be provided;
20        (2) deadlines for the delivery of anticipated reports,
21    consistent with applicable laws, regulations, and
22    contractual requirements;
23        (3) minimum required qualifications for CPA firms;
24        (4) a request for responding CPA firms to provide
25    information demonstrating their qualifications,

 

 

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1    including, but not limited to, the CPA firm's (i)
2    professional qualifications and certifications, (ii)
3    independence and continuing professional education, (iii)
4    current peer review report and related letter of comments
5    or a description why the CPA firm is not required to have a
6    current peer review report, (iv) relevant governmental
7    experience, (v) relevant experience with similar entities
8    (vi) past performance and references, (vii) a description
9    of the anticipated scope of services, (viii) evidence
10    about the capacity of proposed team members to complete
11    the engagement within the required timelines, and (ix)
12    contact information for an individual authorized to
13    negotiate with the price negotiator on behalf of the CPA
14    firm; and
15        (5) the submission deadline, as well as the required
16    format and delivery method for responding CPA firms to
17    submit their written response to the RFQ, including all
18    requested documentation, to either the responsible
19    officials or audit committee, as determined by the
20    responsible officials.
21    (c) The responsible officials shall approve the RFQ
22developed under subsection (b).
23    (d) The RFQ approved by the responsible officials shall be
24posted to the listing on the Comptroller's website for no
25fewer than 21 calendar days prior to the submission deadline.
26    (e) The responsible officials shall determine whether all

 

 

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1submissions received shall be reviewed by either the entire
2body of responsible officials or the audit committee.
3    (f) The responsible officials shall designate one of its
4members to serve as the price negotiator who is not a member of
5management, unless all of the responsible officials are also
6members of management.
7    (g) All submissions received in response to the RFQ shall
8be reviewed to determine responsible and responsive firms.
9    (h) Each responsible and responsive firm shall be ranked
10and a shortlist of the most qualified CPA firms shall be
11prepared for further consideration.
12    (i) Upon establishing the shortlist, the price negotiator
13shall request detailed fixed-fee pricing proposals from each
14shortlisted firm via electronic mail, directed to the
15individual authorized to negotiate on behalf of the firm from
16the RFQ. The price negotiator shall establish a submission
17deadline for the pricing proposals, which shall be no fewer
18than 5 calendar days from the date of the request, and shall
19specify the required format and delivery method for the
20proposals.
21    (j) After receiving pricing proposals, the price
22negotiator may engage in further negotiations with the
23highest-ranked respondent to achieve a fair and reasonable
24fixed-fee price reflecting the scope, complexity, and
25professional standards of the engagement. If a mutually
26acceptable price cannot be reached, negotiations shall proceed

 

 

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1down the shortlist until a fair and reasonable fixed-fee price
2reflecting the scope, complexity, and professional standards
3of the engagement is reached with the most qualified CPA firm.
4    (k) Upon recommendation of the price negotiator, the
5responsible officials shall award a contract for auditing,
6attestation, or related professional accounting services for
7one fiscal year to the CPA firm determined to be both the most
8qualified and offering a fair and reasonable fixed-fee price.
9    (l) No person participating in the selection process,
10including members of the audit committee, responsible
11officials, or any other individual involved in the review,
12evaluation, or recommendation of CPA firms, shall have a
13financial or familial interest in any responding CPA firm. For
14the purposes of this subsection, familial interest means any
15direct or indirect relationship by blood, marriage, domestic
16partnership, or adoption between an individual participating
17in the audit selection process and any owner, partner,
18principal, or employee of a responding CPA firm, including,
19but not limited to, a spouse or domestic partner, parent,
20stepparent, child, stepchild, adopted child, sibling,
21stepsibling, half-sibling, grandparent, grandchild, or any
22relative residing in the same household. The Comptroller may
23waive this requirement in writing for good cause.
 
24    Section 5-25. CPA firm retention.
25    (a) In any fiscal year in which the responsible officials

 

 

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

 

 

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

 

 

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1selection process by issuing a public RFQ for auditing,
2attestation, or related professional accounting services under
3Section 5-20.
4    (g) Upon recommendation of the price negotiator, the
5responsible officials shall award a fixed-fee contract for
6auditing, attestation, or related professional accounting
7services for the next fiscal year to the CPA firm.
8    (h) No person or entity participating in the retention
9process, including members of the audit committee, responsible
10officials, or any other individual involved in the review,
11evaluation, or recommendation of CPA firms, shall have a
12financial or familial interest in the independent CPA firm.
13For the purposes of this subsection, familial interest means
14any direct or indirect relationship by blood, marriage,
15domestic partnership, or adoption between an individual
16participating in the audit selection process and any owner,
17partner, principal, or employee of a responding CPA firm,
18including, but not limited to, a spouse or domestic partner,
19parent, stepparent, child, stepchild, adopted child, sibling,
20stepsibling, half-sibling, grandparent, grandchild, or any
21relative residing in the same household. The Comptroller may
22waive this requirement in writing for good cause.
 
23    Section 5-30. Payments for auditing, attestation, or
24related professional accounting services.
25    (a) The 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 shall
3be paid by the local government. Responsible officials shall
4make appropriate provisions for payment of these costs during
5the local government's budget process.
6    (b) All invoices for payments for auditing, attestation,
7or related professional accounting services incurred by a
8local government to comply with the requirements of this Act
9shall be reviewed and approved by the responsible officials
10prior to payment.
 
11    Section 5-35. Other competitive procurement requirements.
12Except as expressly provided in this Act, no other contracting
13or competitive procurement requirements shall apply to
14contracts let for auditing, attestation, or related
15professional accounting services.
 
16    Section 5-40. Auditing tax.
17    (a) The responsible officials of any local government,
18except the corporate authorities of a city, village, or
19incorporated town, having taxing powers may levy an auditing
20tax in an amount that shall not require extension of such tax
21at a rate in excess of 0.005% of the value of all taxable
22property in the unit as equalized or assessed by the
23Department of Revenue. It is the intent of the General
24Assembly for this Section to continue the authority for local

 

 

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1governments to levy an auditing tax as provided under Section
29 of the Governmental Account Audit Act for fiscal years
3beginning after December 31, 2027.
4    This auditing tax may be in excess of or in addition to any
5statutory limitation of rate or amount. Money received from
6the auditing tax shall be held in a special fund and used only
7for the payment of costs for auditing, attestation, or related
8professional accounting services incurred by a local
9government to comply with the requirements of this Act.
10    (b) The corporate authorities of a city, village, or
11incorporated town shall have the power to annually levy an
12auditing tax upon all of the taxable property of the
13municipalities at the rate on the dollar which shall produce
14an amount which shall equal a sum sufficient to meet the cost
15of all expenses for auditing, attestation, or related
16professional accounting services incurred by a local
17government to comply with the requirements of this Act. It is
18the intent of the General Assembly for this Section to
19continue the authority for local governments to levy an
20auditing tax as provided under Section 8-8-8 of the Illinois
21Municipal Code for fiscal years beginning after December 31,
222027.
23    This auditing tax may be in excess of or in addition to any
24statutory limitation of rate or amount. Money received from
25the auditing tax shall be held in a special fund and used only
26for 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
Article 10. CATEGORIZATION AND REPORTING REQUIREMENTS

 
4    Section 10-5. Categories.
5    (a) Each local government shall annually determine its
6category, as soon as practicable after the close of its fiscal
7year. The local government shall determine its category using
8its annual cash receipts from all external sources for each of
9the 3 immediately preceding fiscal years.
10    A local government must at a minimum determine its
11category to meet the threshold for the lowest category for
12which it qualifies under subsection (b). The responsible
13officials of the local government may, at their discretion,
14determine that the local government qualifies for a higher
15category than the minimum.
16    For purposes of this subsection, if a local government
17does not meet the applicable dollar threshold for a higher
18category in each of the 3 immediately preceding fiscal years,
19the local government shall be classified in the lowest
20category for which it qualifies based on those fiscal years.
21    (b) For each fiscal year beginning after December 31,
222027, the Comptroller shall, in accordance with subsections
23(c) and (d), determine and publish on the Comptroller's
24official website, no later than November 15 of the current

 

 

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1calendar year, the category thresholds to be used by local
2governments in determining their category for the fiscal year
3beginning after December 31 of the current calendar year.
4    (c) For the fiscal year beginning after December 31, 2027,
5a local government shall be classified into one of 4
6categories based on its annual cash receipts from all external
7sources for each of the 3 immediately preceding fiscal years:
8        Category 1: A local government with annual cash
9    receipts from all external sources of less than $100,000
10    during a fiscal year.
11        Category 2: A local government with annual cash
12    receipts from all external sources of at least $100,000
13    but less than $3,500,000 during a fiscal year.
14        Category 3: A local government with annual cash
15    receipts from all external sources of at least $3,500,000
16    but less than $35,000,000 during a fiscal year.
17        Category 4: A local government with annual cash
18    receipts from all external sources of $35,000,000 or more,
19    during a fiscal year.
20    (d) For each fiscal year beginning after December 31,
212028, the Comptroller shall calculate the percentage change in
22the Consumer Price Index for the 12-month period ending on
23September 30 of the current calendar year and shall adjust the
24dollar thresholds for the 4 categories described in subsection
25(c) to reflect that change.
26    (e) The Comptroller shall develop instructions and

 

 

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1examples in plain language about how responsible officials or
2management can determine a local government's category which
3are reasonably designed to promote the uniform application of
4this Section by local governments. All guidance, materials,
5and informational resources provided by the Comptroller shall
6be made publicly available on the Comptroller's official
7website to ensure transparency and facilitate ease of access
8by responsible officials.
 
9    Section 10-10. Category 1 Governments.
10    (a) For fiscal years beginning after December 31, 2027,
11the responsible officials of a Category 1 local government
12shall appoint an auditing committee composed of 3 independent
13electors.
14    (b) The auditing committee shall inspect the Category 1
15local government's records for the fiscal year under review,
16using the template for that fiscal year published by the
17Comptroller.
18    (c) All Category 1 local governments and their responsible
19officials, other elected or appointed officers, management,
20employees, and agents shall promptly comply with, and aid and
21assist the auditing committee in the exercise of its duties
22under the Act.
23    At the request of the auditing committee, each Category 1
24local government shall, without delay, provide to the CPA
25firm's representative any record or information requested and

 

 

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1shall provide for examination or copying all records,
2accounts, papers, reports, vouchers, correspondence, books and
3other documentation in the custody of the local government,
4including information stored in electronic data processing
5systems, which is related to or within the scope of any
6investigation under this Act.
7    (d) The auditing committee shall complete the template,
8documenting the procedures performed and the committee's
9findings, and submit it electronically to the responsible
10officials and management of the Category 1 local government
11for review. The auditing committee must ensure that the
12template does not include any information exempt from public
13disclosure under Section 7 of the Freedom of Information Act.
14    (e) The responsible officials and management of the
15Category 1 local government may submit written views within 7
16calendar days after receipt of the draft template from
17subsection (c) regarding the findings and conclusions of the
18auditing committee. Any comments received shall be included in
19the appropriate section of the template. Any comments received
20shall exclude information that is exempt from public
21disclosure under Section 7 of the Freedom of Information Act.
22    (f) Upon receipt of any timely written views of the
23responsible officials or management, the auditing committee
24may respond to any written views that are inconsistent with or
25in conflict with the results of the inspection. The committee
26shall then finalize the template. The auditing committee's

 

 

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1response to the written views shall exclude information exempt
2from public disclosure under Section 7 of the Freedom of
3Information Act.
4    (g) Members of the auditing committee may be compensated
5for their services, with each member receiving an amount not
6exceeding $200, payable from the funds of the local
7government.
8    (h) Each Category 1 local government shall electronically
9submit the final template from the auditing committee to the
10Comptroller no later than 7 months after the end of the local
11government's fiscal year for inclusion within the Local
12Government Registry. The Comptroller may grant extensions in
13writing for good cause regarding this reporting deadline.
14    (i) For fiscal years beginning after December 31, 2027,
15and all reporting periods thereafter, each Category 1 local
16government shall electronically update its information within
17the Local Government Registry for the preceding fiscal year no
18later than 7 months after the conclusion of the local
19government's fiscal year. The Comptroller may grant extensions
20in writing for good cause regarding this reporting deadline.
21    (j) For fiscal years beginning after December 31, 2027,
22and all reporting periods thereafter, each Category 1 local
23government shall electronically submit a spreadsheet of the
24names, positions, and amounts paid to every recipient of a
25Form W-2 or a Form 1099 during the calendar year ended in a
26format prescribed by the Comptroller during the fiscal year no

 

 

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1later than 7 months after the conclusion of the local
2government's fiscal year for inclusion within the Local
3Government Registry. The Comptroller may grant extensions in
4writing for good cause regarding this reporting deadline.
5    (k) The Comptroller shall charge a Category 1 local
6government a daily fee of no more than $100 and no less than $0
7per day late for delinquent reporting under this Section. All
8fees collected under this subsection shall be deposited into
9the Comptroller's Administrative Fund.
10    (l) The Comptroller may waive, in whole or in part, the
11requirements of subsections (h), (i), and (j), provided that
12such waiver is granted in writing and sets forth the specific
13grounds supporting the determination.
14    A written waiver may be granted upon a finding by the
15Comptroller that exigent circumstances exist that materially
16prevent the local government from complying with a requirement
17of subsection (h), (i), or (j). Exigent circumstances may
18include, but are not limited to, (i) the complete or
19substantial destruction of the local government's financial or
20administrative records due to fire, flood, natural disaster,
21cyber incident, or other catastrophic event; (ii) the sudden
22dissolution, closure, or legal incapacity of the local
23government; (iii) the seizure, impoundment, or restriction of
24access to records resulting from judicially authorized law
25enforcement activity; (iv) the existence of conditions that
26would materially limit, restrict, or impair the scope of the

 

 

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1auditing committee's activities such that it is impracticable
2or impossible to satisfy the requirements prescribed by this
3Act, or (v) any other extraordinary event or circumstance that
4renders compliance impracticable.
5    Any written waiver granted by the Comptroller shall be
6limited in duration to the period reasonably necessary to
7address the exigent circumstances; to specify whether the
8written waiver applies to all or only certain requirements of
9subsection (h), (i), and (j); and to include any conditions,
10alternative requirements, or remedial measures the Comptroller
11deems appropriate to protect the public interest.
12    Any written waiver granted by the Comptroller shall be
13posted in the location within the Local Government Registry
14where the Category 1 local government's filing or filings
15would have otherwise appeared and shall be delivered by
16certified mail, return receipt requested, to (i) the
17responsible officials of the Category 1 local government and
18(ii) each member of the Illinois House of Representatives and
19the Illinois Senate whose legislative district includes all or
20any portion of the territory within the jurisdiction of the
21Category 1 local government.
22    The Comptroller's determination under this subsection is
23final.
 
24    Section 10-15. Category 2 Governments.
25    (a) The responsible officials of a Category 2 local

 

 

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

 

 

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1    (d) The independent CPA firm retained by the responsible
2officials under Article 5 shall complete all of the AUPs and
3electronically submit the AUP's to the responsible officials
4and management of the Category 2 local government for review.
5The independent CPA firm retained by the responsible officials
6under Article 5 must ensure all of the AUPs do not include any
7information exempt from public disclosure under Section 7 of
8the Freedom of Information Act.
9    (e) The responsible officials and management of the
10Category 2 local government may submit written views within 7
11calendar days after receipt of the draft report from any AUPs
12regarding the findings of the independent CPA firm retained by
13the responsible officials under Article 5. Any comments
14received shall be included in the appropriate section of the
15report. Any comments received shall exclude information that
16is exempt from public disclosure under Section 7 of the
17Freedom of Information Act.
18    (f) Upon receipt of any timely written views from the
19responsible officials or management, the independent CPA firm
20retained by the responsible officials under Article 5 may
21respond to any written views that are inconsistent with or in
22conflict with the results of the inspection. The committee
23shall then finalize the report. The response of the
24independent CPA firm to the written views shall exclude
25information exempt from public disclosure under Section 7 of
26the Freedom of Information Act.

 

 

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1    (g) A Category 2 local government may engage its
2independent CPA firm retained by the responsible officials
3under Article 5 to perform any additional auditing,
4attestation, or other related professional accounting services
5to the local government, provided the independent CPA firm
6provides a written report at the conclusion of the engagement.
7    (h) All Category 2 local governments and their responsible
8officials, other elected or appointed officers, management,
9employees, and agents shall promptly comply with, and aid and
10assist the CPA firm in the exercise of its duties under the
11Act.
12    At the request of the CPA firm, each Category 2 local
13government shall, without delay, provide to the CPA firm's
14representative any record or information requested and shall
15provide for examination or copying all records, accounts,
16papers, reports, vouchers, correspondence, books and other
17documentation in the custody of the local government,
18including information stored in electronic data processing
19systems, which is related to or within the scope of any
20engagement under this Act.
21    (i) Each Category 2 local government shall electronically
22submit any reports prepared by the independent CPA firm under
23this Section to the Comptroller no later than 7 months after
24the end of the local government's fiscal year for inclusion
25within the Local Government Registry. The Comptroller may
26grant extensions in writing for good cause regarding this

 

 

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

 

 

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1later than 7 months after the conclusion of the local
2government's fiscal year for inclusion within the Local
3Government Registry. The Comptroller may grant extensions in
4writing for good cause regarding this reporting deadline.
5    (m) The Comptroller shall charge a Category 2 local
6government a daily fee of no more than $100 and no less than $0
7per day late for delinquent reporting under this Section. All
8fees collected under this subsection shall be deposited into
9the Comptroller's Administrative Fund.
10    (n) The Comptroller may waive, in whole or in part, the
11requirements of subsections (i), (j), (k), and (l), if the
12waiver is granted in writing and sets forth the specific
13grounds supporting the determination.
14    A written waiver may be granted upon a finding by the
15Comptroller that exigent circumstances exist that materially
16prevent the local government from complying with a requirement
17of subsection (i), (j), (k), or (l). Exigent circumstances
18include, but are not limited to, (i) the complete or
19substantial destruction of the local government's financial or
20administrative records due to fire, flood, natural disaster,
21cyber incident, or other catastrophic event; (ii) the sudden
22dissolution, closure, or legal incapacity of the local
23government; (iii) the seizure, impoundment, or restriction of
24access to records resulting from judicially authorized law
25enforcement activity; (iv) the existence of conditions that
26would materially limit, restrict, or impair the scope of the

 

 

10400HB5391ham001- 34 -LRB104 18487 RTM 35239 a

1CPA firm's activities such that it is impracticable or
2impossible to satisfy the requirements prescribed by this Act;
3or (v) any other extraordinary event or circumstance that
4renders compliance impracticable.
5    Any written waiver granted by the Comptroller shall be
6limited in duration to the period reasonably necessary to
7address the exigent circumstances; to specify whether the
8written waiver applies to all or only certain requirements of
9subsection (i), (j), (k), or (l); and to include any
10conditions, alternative requirements, or remedial measures the
11Comptroller deems appropriate to protect the public interest.
12    Any written waiver granted by the Comptroller shall be
13posted in the location within the Local Government Registry
14where the Category 2 local government's filing or filings
15would have otherwise appeared and shall be delivered by
16certified mail, return receipt requested, to (i) the
17responsible officials of the Category 2 local government and
18(ii) each member of the Illinois House of Representatives and
19the Illinois Senate whose legislative district includes all or
20any portion of the territory within the jurisdiction of the
21Category 2 local government.
22    The Comptroller's determination under this subsection is
23final.
24    (o) Within 60 days after the date of any report completed
25by the independent CPA firm pursuant to this Section, a
26partner at the independent CPA firm and such additional

 

 

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1personnel from the CPA firm as deemed necessary by the
2independent CPA firm shall attend a public meeting of the
3responsible officials either in person or by a live phone or
4online virtual meeting to answer questions posed by the
5responsible officials about the engagement and present the
6major findings of the report. A public body may hold a closed
7session to consider internal control weaknesses,
8identification of potential fraud risk areas, known or
9suspected frauds, and fraud interviews with the independent
10CPA firm's partner and such additional personnel from the CPA
11firm as deemed necessary by the independent CPA firm under
12Section 2 of the Open Meetings Act.
 
13    Section 10-20. Category 3 Governments.
14    (a) For fiscal years beginning after December 31, 2027,
15the responsible officials of a Category 3 local government
16shall oversee management's preparation of the local
17government's draft financial statements following the cash
18basis of accounting. The financial statements of a Category 3
19local government shall, at a minimum, present the government
20as a whole and its major funds, along with combining
21statements displaying each of the government's nonmajor funds.
22Upon completion of the draft financial statements, management
23shall furnish the draft financial statements to the local
24government's independent CPA firm for audit.
25    (b) The independent CPA firm retained by the responsible

 

 

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1officials under Article 5 shall not gather data, categorize
2and organize data, or prepare the draft financial statements
3of a local government.
4    (c) The independent CPA firm retained by the responsible
5officials under Article 5 shall audit the local government's
6draft financial statements following GAAS and GAGAS.
7    (d) The responsible officials of a Category 3 local
8government shall enter into AUPs with the independent CPA firm
9they have retained under Article 5. The AUPs must align with
10the minimum AUPs for the relevant type of local government for
11that fiscal year, as published by the Comptroller under
12Section 15-15.
13    No Category 3 local government shall adopt procedures that
14are less stringent than those provided by the Comptroller.
15However, Category 3 local governments may include additional
16procedures to customize the report's findings and
17recommendations to better meet the needs of the responsible
18officials.
19    (e) The independent CPA firm retained by the responsible
20officials under Article 5 shall perform the AUPs agreed-upon
21with the local government's responsible officials following
22the applicable attestation standards established by the
23American Institute of Certified Public Accountants.
24    (f) If a Category 3 local government has a redevelopment
25project under Division 74.4 of the Illinois Municipal Code or
26redevelopment project under Division 74.6 of the Illinois

 

 

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1Municipal Code, the responsible officials of a Category 3
2local government shall enter into AUPs for each redevelopment
3project with the independent CPA firm they have retained under
4Article 5.
5    The AUPs shall be the AUPs designated by the Comptroller
6under Section 15-20 for each project. No Category 3 local
7government shall modify the AUPs published by the Comptroller.
8    (g) A Category 3 local government may engage its
9independent CPA firm retained by the responsible officials
10under Article 5 to perform any additional auditing,
11attestation, or other related professional accounting
12services, including, but not limited to, a Single Audit, to
13the local government, provided the independent CPA firm
14provides a written report at the conclusion of the engagement.
15    (h) All Category 3 local governments and their responsible
16officials, other elected or appointed officers, management,
17employees, and agents shall promptly comply with, and aid and
18assist the CPA firm in the exercise of its duties under the
19Act.
20    At the request of the CPA firm, each Category 3 local
21government shall, without delay, provide to the CPA firm's
22representative any record or information requested and shall
23provide for examination or copying all records, accounts,
24papers, reports, vouchers, correspondence, books and other
25documentation in the custody of the local government,
26including information stored in electronic data processing

 

 

10400HB5391ham001- 38 -LRB104 18487 RTM 35239 a

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

 

 

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

 

 

10400HB5391ham001- 40 -LRB104 18487 RTM 35239 a

1requirements of subsections (i), (j), (k), and (l), if the
2waiver is granted in writing and sets forth the specific
3grounds supporting the determination.
4    A written waiver may be granted upon a finding by the
5Comptroller that exigent circumstances exist that materially
6prevent the local government from complying with a requirement
7of subsection (i), (j), (k), or (l). Exigent circumstances
8include, but are not limited to, (i) the complete or
9substantial destruction of the local government's financial or
10administrative records due to fire, flood, natural disaster,
11cyber incident, or other catastrophic event; (ii) the sudden
12dissolution, closure, or legal incapacity of the local
13government; (iii) the seizure, impoundment, or restriction of
14access to records resulting from judicially authorized law
15enforcement activity; (iv) the existence of conditions that
16would materially limit, restrict, or impair the scope of the
17CPA firm's activities such that it is impracticable or
18impossible to satisfy the requirements prescribed by this Act;
19or (v) any other extraordinary event or circumstance that
20renders compliance impracticable.
21    Any written waiver granted by the Comptroller shall be
22limited in duration to the period reasonably necessary to
23address the exigent circumstances; to specify whether the
24written waiver applies to all or only certain requirements of
25subsection (i), (j), (k), or (l); and to include any
26conditions, alternative requirements, or remedial measures the

 

 

10400HB5391ham001- 41 -LRB104 18487 RTM 35239 a

1Comptroller deems appropriate to protect the public interest.
2    Any written waiver granted by the Comptroller shall be
3posted in the location within the Local Government Registry
4where the Category 3 local government's filing or filings
5would have otherwise appeared and shall be delivered by
6certified mail, return receipt requested, to (i) the
7responsible officials of the Category 3 local government and
8(ii) each member of the Illinois House of Representatives and
9the Illinois Senate whose legislative district includes all or
10any portion of the territory within the jurisdiction of the
11Category 3 local government.
12    The Comptroller's determination under this subsection is
13final.
14    (o) Within 60 days after the date of any report completed
15by the independent CPA firm pursuant to this Section, a
16partner at the independent CPA firm and such additional
17personnel from the CPA firm as deemed necessary by the
18independent CPA firm shall attend a public meeting of the
19responsible officials either in person or by a live phone or
20online virtual meeting to answer questions posed by the
21responsible officials about the engagement and present the
22major findings of the report. A public body may hold a closed
23session to consider internal control weaknesses,
24identification of potential fraud risk areas, known or
25suspected frauds, and fraud interviews with the independent
26CPA firm's partner and such additional personnel from the CPA

 

 

10400HB5391ham001- 42 -LRB104 18487 RTM 35239 a

1firm as deemed necessary by the independent CPA firm under
2Section 2 of the Open Meetings Act.
 
3    Section 10-25. Category 4 Governments.
4    (a) For fiscal years beginning after December 31, 2027,
5the responsible officials of a Category 4 local government
6shall oversee management's preparation of the local
7government's draft financial statements following GAAP. The
8financial statements of a Category 4 local government shall,
9at a minimum, present the government as a whole and its major
10funds, along with combining statements displaying each of the
11government's nonmajor funds. Upon completion of the draft
12financial statements, management shall furnish the draft
13financial statements to the local government's independent CPA
14firm for audit.
15    (b) The independent CPA firm retained by the responsible
16officials under Article 5 shall not gather data, categorize
17and organize data, or prepare the draft financial statements
18of a local government.
19    (c) The independent CPA firm retained by the responsible
20officials under Article 5 shall audit the local government's
21draft financial statements following GAAS and GAGAS.
22    (d) The responsible officials of a Category 4 local
23government shall enter into AUPs with the independent CPA firm
24they have retained under Article 5. The AUPs must align with
25the minimum AUPs for the relevant type of local government for

 

 

10400HB5391ham001- 43 -LRB104 18487 RTM 35239 a

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

 

 

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

 

 

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

 

 

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1    (l) For fiscal years beginning after December 31, 2027,
2and all reporting periods thereafter, each Category 4 local
3government shall electronically submit a spreadsheet of the
4names, positions, and amounts paid to every recipient of a
5Form W-2 or a Form 1099 during the calendar year ended in a
6format prescribed by the Comptroller during the fiscal year no
7later than 7 months after the conclusion of the local
8government's fiscal year for inclusion within the Local
9Government Registry. The Comptroller may grant extensions in
10writing for good cause regarding this reporting deadline.
11    (m) The Comptroller shall charge a Category 4 local
12government a daily fee of no more than $100 and no less than $0
13per day late for delinquent reporting under this Section. All
14fees collected under this subsection shall be deposited into
15the Comptroller's Administrative Fund.
16    (n) The Comptroller may waive, in whole or in part, the
17requirements of subsections (i), (j), (k), and (l), if the
18waiver is granted in writing and sets forth the specific
19grounds supporting the determination.
20    A written waiver may be granted upon a finding by the
21Comptroller that exigent circumstances exist that materially
22prevent the local government from complying with a requirement
23of subsection (i), (j), (k), or (l). Exigent circumstances
24include, but are not limited to, (i) the complete or
25substantial destruction of the local government's financial or
26administrative records due to fire, flood, natural disaster,

 

 

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1cyber incident, or other catastrophic event; (ii) the sudden
2dissolution, closure, or legal incapacity of the local
3government; (iii) the seizure, impoundment, or restriction of
4access to records resulting from judicially authorized law
5enforcement activity; (iv) the existence of conditions that
6would materially limit, restrict, or impair the scope of the
7CPA firm's activities such that it is impracticable or
8impossible to satisfy the requirements prescribed by this Act;
9or (v) any other extraordinary event or circumstance that
10renders compliance impracticable.
11    Any written waiver granted by the Comptroller shall be
12limited in duration to the period reasonably necessary to
13address the exigent circumstances; to specify whether the
14written waiver applies to all or only certain requirements of
15subsection (i), (j), (k), or (l); and to include any
16conditions, alternative requirements, or remedial measures the
17Comptroller deems appropriate to protect the public interest.
18    Any written waiver granted by the Comptroller shall be
19posted in the location within the Local Government Registry
20where the Category 4 local government's filing or filings
21would have otherwise appeared and shall be delivered by
22certified mail, return receipt requested, to (i) the
23responsible officials of the Category 4 local government and
24(ii) each member of the Illinois House of Representatives and
25the Illinois Senate whose legislative district includes all or
26any portion of the territory within the jurisdiction of the

 

 

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1Category 4 local government.
2    The Comptroller's determination under this subsection is
3final.
4    (o) Within 60 days after the date of any report completed
5by the independent CPA firm pursuant to this Section, a
6partner at the independent CPA firm and such additional
7personnel from the CPA firm as deemed necessary by the
8independent CPA firm shall attend a public meeting of the
9responsible officials either in person or by a live phone or
10online virtual meeting to answer questions posed by the
11responsible officials about the engagement and present the
12major findings of the report. A public body may hold a closed
13session to consider internal control weaknesses,
14identification of potential fraud risk areas, known or
15suspected frauds, and fraud interviews with the independent
16CPA firm's partner and such additional personnel from the CPA
17firm as deemed necessary by the independent CPA firm under
18Section 2 of the Open Meetings Act.
 
19
Article 15. LOCAL GOVERNMENT REGISTRY AND REPORTS

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

 

 

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1        (1) the name, address, contact information, and
2    website of the local government;
3        (2) the names of the elected or appointed office
4    holders of the local government and their positions,
5    including their dates of service and any periods of
6    vacancy within a position;
7        (3) links to access any reports filed by a local
8    government showing the names, positions, and amounts paid
9    to every recipient of a Form W-2 or a Form 1099 during a
10    calendar year; and
11        (4) links to access any reports filed by a local
12    government pursuant to this Act categorized by fiscal
13    year.
14    (b) No later than June 30, 2027, each county clerk shall
15notify the Comptroller electronically in writing of the name
16of each local government within their jurisdiction along with
17contact information for the elected or appointed office
18holders of the local government and their positions in a
19manner and format determined by the Comptroller. The
20Comptroller may grant extensions in writing for good cause for
21this reporting requirement.
22    (c) Within 30 days following the creation or dissolution
23of a local government within their jurisdiction after June 30,
242027, each county clerk shall notify the Comptroller
25electronically in writing of the name of the local government
26along with contact information for the elected or appointed

 

 

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

 

 

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1        (2) sampling of receipts during the fiscal year and
2    the testing of the selected receipts to determine each
3    sampled receipt was properly recorded in the financial
4    records, was supported by adequate documentation, and was
5    promptly deposited into the appropriate account no later
6    than 2 working days after receipt; and
7        (3) performing the local government's reconciliations
8    of its financial records to the records of third parties,
9    including, but not limited to, bank statements, investment
10    reports, and other external documents, during the fiscal
11    year.
12    (c) The template shall include a section for the
13responsible officials and management of the local government
14to submit their written views regarding the findings and
15conclusions of the auditing committee. The template shall also
16include a section for the auditing committee to respond to any
17written views from the responsible officials and management,
18particularly if those views are inconsistent with or in
19conflict with the results of the inspection.
20    (d) For each fiscal year beginning after December 31,
212027, the Comptroller shall publish on the Comptroller's
22official website, no later than November 15 of the current
23calendar year, the template to be used by auditing committees
24of Category 1 governments for inspecting the local
25government's records for the fiscal year beginning after
26December 31 of the current calendar year.
 

 

 

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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

 

 

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

 

 

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

 

 

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

 

 

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1the perceived costs to be incurred from implementing such
2procedures.
 
3    Section 15-25. Guidelines for circuit clerks.
4    (a) The Comptroller shall develop, maintain, and publish
5the guidelines for circuit clerks, with the advice of the
6Local Government Advisory Board, the Administrative Office of
7the Illinois Courts, a Statewide organization representing
8circuit clerks, and a Statewide CPA organization.
9    (b) For all fiscal years beginning after December 31,
102027, the Comptroller shall prescribe the format of the annual
11written report submitted by each county's independent CPA firm
12retained by the responsible officials under Article 5 prepared
13in accordance with the guidelines.
14    (c) For all fiscal years beginning after December 31,
152027, the guidelines shall establish procedures for each
16county's independent CPA firm to conduct, for each fiscal
17year, a compliance examination under the attestation standards
18and GAGAS to:
19        (1) examine whether fees, fines, surcharges, costs,
20    penalties, bonds, and judgments were properly collected
21    and disbursed to the appropriate entities in compliance
22    with applicable laws and other requirements, limited to
23    those situations in which applicable laws, rules,
24    regulations, and court orders require the circuit clerk to
25    collect, hold, and disburse moneys to applicable parties

 

 

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1    or entities, excluding moneys already on deposit in county
2    accounts controlled by other county officials or funds
3    used to finance the regular operations of the circuit
4    clerk's office;
5        (2) determine whether the circuit clerk has complied,
6    in all material respects, with applicable laws, rules,
7    regulations, and court orders in its financial and fiscal
8    operations;
9        (3) determine whether moneys or negotiable securities
10    or similar assets handled by the circuit clerk or held in
11    trust by the circuit clerk have been properly and legally
12    administered, and the accounting and recordkeeping thereto
13    is proper, accurate, and in accordance with law; and
14        (4) obtain a sufficient understanding of internal
15    control over compliance relevant to the specified
16    requirements to plan the engagement, assess control risk
17    for compliance with the specified requirements, and design
18    procedures to achieve the objectives of the attestation
19    engagement.
20    (d) For all fiscal years beginning after December 31,
212027, the guidelines shall require circuit clerks to prepare,
22for each fiscal year, a schedule of accountabilities under the
23cash basis of accounting which includes all accounts and funds
24where applicable laws, rules, regulations, and court orders
25require the circuit clerk to collect, hold, and disburse
26moneys to applicable parties or entities, excluding moneys

 

 

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1already on deposit in county accounts controlled by other
2county officials or funds used to finance the regular
3operations of the circuit clerk's office.
4    (e) The guidelines shall prohibit the local government's
5independent CPA firm from gathering data, categorizing or
6organizing data, or preparing the schedule of
7accountabilities.
8    (f) For all fiscal years beginning after December 31,
92027, the guidelines shall require the circuit clerk to
10furnish the draft schedule of accountabilities to the local
11government's independent CPA firm to examine the schedule of
12accountabilities. The guidelines shall require each county's
13independent CPA firm to conduct, for each fiscal year, a
14compliance examination to examine the schedule of
15accountabilities to obtain reasonable assurance that the:
16        (1) schedule of accountabilities, including its
17    footnotes, is complete and accurately presented in
18    accordance with the guidelines, and the beginning and
19    ending balances reconcile to the circuit clerk's cash,
20    savings, and investment accounts;
21        (2) reported events and transactions are accurately
22    recorded, properly classified, complete, and occurred
23    within the fiscal year under examination; and
24        (3) reported balances of cash, savings, and investment
25    accounts exist, are completely reported, the circuit
26    clerk's rights and obligations related to those moneys are

 

 

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1    not in question, and account valuations are confirmed.
2    (g) For all fiscal years beginning after December 31,
32027, the guidelines shall require each county's independent
4CPA firm to express an opinion on whether the schedule of
5accountabilities is fairly stated, in all material respects,
6in relation to the county's financial statements as a whole in
7accordance with GAAS.
8    (h) For all fiscal years beginning after December 31,
92027, upon a written agreement between the Comptroller and the
10Administrative Office of the Illinois Courts, the guidelines
11may require each county's independent CPA firm to express an
12opinion on whether other reports used by the Administrative
13Office of the Illinois Courts are fairly stated, in all
14material respects, in relation to the county's financial
15statements as a whole in accordance with GAAS.
 
16
Article 20. MISCELLANEOUS PROVISIONS

 
17    Section 20-5. Assurances. Each local government shall
18establish and maintain a system, or systems, of internal
19fiscal and administrative controls, which shall provide
20assurance that:
21        (1) resources are used efficiently, effectively, and
22    in compliance with applicable law;
23        (2) obligations and costs are in compliance with
24    applicable law;

 

 

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1        (3) funds, property, and other assets and resources
2    are safeguarded against waste, loss, unauthorized use, and
3    misappropriation; and
4        (4) revenues, receipts, expenses, disbursements,
5    expenditures, and transfers of assets, resources, or funds
6    applicable to operations are properly recorded and
7    accounted for to permit the preparation of accounts and
8    reliable financial and statistical reports and to maintain
9    accountability over the local government's resources.
 
10    Section 20-10. Conflicts of interest.
11    (a) Each local government shall maintain an appropriate
12segregation of duties to prevent conflicts of interest and
13ensure proper internal controls that its resources are used
14appropriately and financial transactions are properly
15authorized, recorded, and monitored.
16    (b) In instances where segregation of duties is not
17feasible due to limited personnel or other operational
18constraints, each local government shall implement
19compensating controls to mitigate the risks associated with
20the lack of segregation. Such compensating controls shall be
21designed to provide a reasonable level of assurance that its
22resources are used appropriately and financial transactions
23are properly authorized, recorded, and monitored.
 
24    Section 20-15. Capitalization threshold.

 

 

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1    (a) The responsible officials of each local government
2shall establish a capitalization threshold for the various
3categories of capital assets and leased assets.
4    (b) The responsible officials of each local government
5shall implement procedures for tracking, managing, and
6disposing of capital assets and leased assets that either (i)
7exceed the capitalization threshold established in subsection
8(a), or (ii) are tangible and movable assets subject to theft,
9regardless of original cost, including, but not limited to,
10tools, vehicles, weapons, and items that store data.
11    (c) Each local government's responsible officials shall
12establish procedures for tracking, managing, and disposing of
13its capital assets and leased assets which either (i) exceed
14the capitalization threshold set in subsection (a) or (ii) are
15tangible and movable assets that are subject to theft
16regardless of original cost, including, but not limited to,
17tools, vehicles, and weapons or items that store data.
 
18    Section 20-20. Audit committees. The responsible officials
19of a local government may establish and determine the duties
20and membership of an audit committee, so long as any duties and
21responsibilities of the audit committee do not conflict with
22this Act.
 
23    Section 20-25. Delinquent reports.
24    (a) If a local government fails to comply with the

 

 

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1requirements of this Act and is more than 270 days late in
2meeting its reporting obligations, after considering any
3extensions granted by the Comptroller, the Comptroller shall
4review the local government's actions. The review shall assess
5whether the local government is taking appropriate corrective
6action to bring itself into compliance with the provisions of
7this Act.
8    (b) If the Comptroller's review determines the local
9government is implementing appropriate corrective action in a
10timely manner, the Comptroller shall communicate the delay in
11writing to the local government's responsible officials and
12the Comptroller shall post the written letter in the location
13where the local government's missing filing would otherwise
14have been posted within the Local Government Registry.
15    Thereafter, the Comptroller shall review the local
16government's actions taken at least every 28 days until either
17(i) the local government comes into compliance with the Act or
18(ii) the Comptroller determines the local government is not
19implementing appropriate corrective action in a timely manner.
20    (c) If the Comptroller determines that the local
21government is not implementing appropriate corrective action
22in a timely manner, the Comptroller shall communicate the
23delay in writing to the local government's responsible
24officials and the Comptroller shall post the written letter in
25the location where the local government's missing filing would
26otherwise have been posted within the Local Government

 

 

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1Registry.
2    (d) If the Comptroller determines that the local
3government is not implementing appropriate corrective action
4in a timely manner, the Comptroller shall request the Attorney
5General to seek an appropriate judicial remedy to compel the
6responsible officials and management of the local government
7to perform their duties under this Act in a timely manner.
 
8    Section 20-30. Rules. The Comptroller shall adopt
9administrative rules pursuant to the Illinois Administrative
10Procedure Act to implement and enforce the provisions of this
11Act.
 
12    Section 20-35. Other duties of responsible officials. This
13Act does not relieve any member of the responsible officials
14or management of a local government of any other duties
15required by law of that person with respect to the auditing of
16public accounts or the disbursement of public funds.
 
17    Section 20-40. Reports to other State agencies.
18Notwithstanding any other provision to the contrary, any local
19government that files reports with the Comptroller in
20compliance with this Act shall not be required to file the same
21report with any State agencies as defined in the Illinois
22State Auditing Act. All state agencies may obtain copies of
23any report filed with the Comptroller in compliance with this

 

 

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1Act.
 
2    Section 20-45. Effect on taxes. Failure of the responsible
3officials of any local government to comply with the
4provisions of this Act does not affect the legality of taxes
5levied for any of the funds of the local government.
 
6    Section 20-50. Home rule. A home rule municipality may not
7regulate financial reporting in a manner inconsistent with
8this Act. This Act is a limitation under subsection (i) of
9Section 6 of Article VII of the Illinois Constitution on the
10concurrent exercise by home rule units of powers and functions
11exercised by the State.
 
12
Article 900.

 
13    Section 900-5. The Intergovernmental Cooperation Act is
14amended by changing Section 3.1 and by adding Section 10 as
15follows:
 
16    (5 ILCS 220/3.1)  (from Ch. 127, par. 743.1)
17    Sec. 3.1. Municipal Joint Action Water Agency.
18    (a) Any municipality or municipalities of this State, any
19county or counties of this State, any township in a county with
20a population under 700,000 of this State, any public water
21district or districts of this State, State university, or any

 

 

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1combination thereof may, by intergovernmental agreement,
2establish a Municipal Joint Action Water Agency to provide
3adequate supplies of water on an economical and efficient
4basis for member municipalities, public water districts and
5other incorporated and unincorporated areas within such
6counties. Any such Agency shall itself be a municipal
7corporation, public body politic and corporate. A Municipal
8Joint Action Water Agency so created shall not itself have
9taxing power except as hereinafter provided.
10    A Municipal Joint Action Water Agency shall be established
11by an intergovernmental agreement among the various member
12municipalities, public water districts, townships, State
13universities, and counties, upon approval by an ordinance
14adopted by the corporate authorities of each member
15municipality, public water district, township, State
16university, or county. This agreement may be amended at any
17time upon the adoption of concurring ordinances by the
18corporate authorities of all member municipalities, public
19water districts, townships, State universities, and counties.
20The agreement may provide for additional municipalities,
21public water districts, any State universities, townships in
22counties with a population under 700,000, or counties to join
23the Agency upon adoption of an ordinance by the corporate
24authorities of the joining municipality, public water
25district, township, or county, and upon such consents,
26conditions and approvals of the governing body of the

 

 

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1Municipal Joint Action Water Agency and of existing member
2municipalities, public water districts, townships, State
3universities, and counties as shall be provided in the
4agreement. The agreement shall provide the manner and terms on
5which any municipality, public water district, township, or
6county may withdraw from membership in the Municipal Joint
7Action Water Agency and on which the Agency may terminate and
8dissolve in whole or in part. The agreement shall set forth the
9corporate name of the Municipal Joint Action Water Agency and
10its duration. Promptly upon any agreement establishing a
11Municipal Joint Action Water Agency being entered into, or
12upon the amending of any such agreement, a copy of such
13agreement or amendment shall be filed in the office of the
14Secretary of State of Illinois. Promptly upon the addition or
15withdrawal of any municipality, public water district,
16township in a county with a population under 700,000, or
17county, or upon the dissolution of a Municipal Joint Action
18Water Agency, that fact shall be certified by an officer of the
19Agency to the Secretary of State of Illinois.
20    (b) The governing body of any Municipal Joint Action Water
21Agency established pursuant to this Section 3.1 shall be a
22Board of Directors. There shall be one Director from each
23member municipality, public water district, township, State
24university, and county of the Municipal Joint Action Water
25Agency appointed by ordinance of the corporate authorities of
26the municipality, public water district, township, or county.

 

 

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1Each Director shall have one vote, and shall meet the
2requirements of paragraphs (1) or (2), as applicable.
3        (1) Each Director shall be the Mayor or President of
4    the member municipality, or the chairman of the board of
5    trustees of the member public water district, the
6    supervisor of the member township, the appointee of the
7    State university, or the chairman of the county board or
8    chief executive officer of the member county or a county
9    board member appointed by the chairman of the county board
10    of the member county, appointing the Director; an elected
11    member of the corporate authorities of that municipality,
12    public water district, township, or county; or other
13    elected official of the appointing municipality, public
14    water district, township, or county. Any agreement
15    establishing a Municipal Joint Action Water Agency shall
16    specify the period during which a Director shall hold
17    office and may provide for the appointment of Alternate
18    Directors from member municipalities, public water
19    districts, townships, or counties. The Board of Directors
20    shall elect one Director to serve as Chairman, and shall
21    elect persons, who need not be Directors, to such other
22    offices as shall be designated in the agreement.
23        (2) For any Municipal Joint Action Water Agency
24    established after the effective date of this amendatory
25    Act of the 100th General Assembly, each Director shall
26    either: (i) meet the qualifications specified under

 

 

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1    paragraph (1); or (ii) be an appointed official of a
2    member municipality, public water district, township,
3    State university, or county, as designated by ordinance or
4    other official action, from time to time by the corporate
5    authorities of the member municipality, public water
6    district, township, State university, or county.
7    The Board of Directors shall determine the general policy
8of the Municipal Joint Action Water Agency, shall approve the
9annual budget, shall make all appropriations (which may
10include appropriations made at any time in addition to those
11made in any annual appropriation document), shall approve all
12contracts for the purchase or sale of water, shall adopt any
13resolutions providing for the issuance of bonds or notes by
14the Agency, shall adopt its by-laws, rules and regulations,
15and shall have such other powers and duties as may be
16prescribed in the agreement. Such agreement may further
17specify those powers and actions of the Municipal Joint Action
18Water Agency which shall be authorized only upon votes of
19greater than a majority of all Directors or only upon consents
20of the corporate authorities of a certain number of member
21municipalities, public water districts, townships, State
22universities, or counties.
23    The agreement may provide for the establishment of an
24Executive Committee to consist of the municipal manager or
25other elected or appointed official of each member
26municipality, public water district, township, State

 

 

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1university, or county, as designated by ordinance or other
2official action, from time to time by the corporate
3authorities of the member municipality, public water district,
4township, State university, or county, and may prescribe
5powers and duties of the Executive Committee for the efficient
6administration of the Agency.
7    (c) A Municipal Joint Action Water Agency established
8pursuant to this Section 3.1 may plan, construct, improve,
9extend, acquire, finance (including the issuance of revenue
10bonds or notes as provided in this Section 3.1), operate,
11maintain, and contract for a joint waterworks or water supply
12system which may include, or may consist of, without
13limitation, facilities for receiving, storing, and
14transmitting water from any source for supplying water to
15member municipalities, public water districts, townships, or
16counties (including county special service areas created under
17the Special Service Area Tax Act and county service areas
18authorized under the Counties Code), or other public agencies,
19persons, or corporations. Facilities of the Municipal Joint
20Action Water Agency may be located within or without the
21corporate limits of any member municipality.
22    A Municipal Joint Action Water Agency shall have such
23powers as shall be provided in the agreement establishing it,
24which may include, but need not be limited to, the following
25powers:
26        (i) to sue or be sued;

 

 

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1        (ii) to apply for and accept gifts or grants or loans
2    of funds or property or financial or other aid from any
3    public agency or private entity;
4        (iii) to acquire, hold, sell, lease as lessor or
5    lessee, transfer or dispose of such real or personal
6    property, or interests therein, as it deems appropriate in
7    the exercise of its powers, and to provide for the use
8    thereof by any member municipality, public water district,
9    township, or county;
10        (iv) to make and execute all contracts and other
11    instruments necessary or convenient to the exercise of its
12    powers (including contracts with member municipalities,
13    with public water districts, with townships, and with
14    counties on behalf of county service areas); and
15        (v) to employ agents and employees and to delegate by
16    resolution to one or more of its Directors or officers
17    such powers as it may deem proper.
18    Member municipalities, public water districts, townships,
19State universities, or counties may, for the purposes of, and
20upon request by, the Municipal Joint Action Water Agency,
21exercise the power of eminent domain available to them, convey
22property so acquired to the Agency for the cost of
23acquisition, and be reimbursed for all expenses related to
24this exercise of eminent domain power on behalf of the Agency.
25    All property, income and receipts of or transactions by a
26Municipal Joint Action Water Agency shall be exempt from all

 

 

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1taxation, the same as if it were the property, income or
2receipts of or transaction by the member municipalities,
3public water districts, townships, State universities, or
4counties.
5    (d) A Municipal Joint Action Water Agency established
6pursuant to this Section 3.1 shall have the power to buy water
7and to enter into contracts with any person, corporation or
8public agency (including any member municipality, public water
9district, township, or county) for that purpose. Any such
10contract made by an Agency for a supply of water may contain
11provisions whereby the Agency is obligated to pay for the
12supply of water without setoff or counterclaim and
13irrespective of whether the supply of water is ever furnished,
14made available or delivered to the Agency or whether any
15project for the supply of water contemplated by any such
16contract is completed, operable or operating and
17notwithstanding any suspension, interruption, interference,
18reduction or curtailment of the supply of water from such
19project. Any such contract may provide that if one or more of
20the other purchasers defaults in the payment of its
21obligations under such contract or a similar contract made
22with the supplier of the water one or more of the remaining
23purchasers party to such contract or such similar contract
24shall be required to pay for all or a portion of the
25obligations of the defaulting purchasers. No such contract may
26have a term in excess of 50 years.

 

 

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1    A Municipal Joint Action Water Agency shall have the power
2to sell water and to enter into contracts with any person,
3corporation or public agency (including any member
4municipality, any public water district, any township, any
5State university, or any county on behalf of a county service
6area as set forth in this Section) for that purpose. No such
7contract may have a term in excess of 50 years. Any such
8contract entered into to sell water to a public agency may
9provide that the payments to be made thereunder by such public
10agency shall be made solely from revenues to be derived by such
11public agency from the operation of its waterworks system or
12its combined waterworks and sewerage system. Any public agency
13so contracting to purchase water shall establish from time to
14time such fees and charges for its water service or combined
15water and sewer service as will produce revenues sufficient at
16all times to pay its obligations to the Agency under the
17purchase contract. Any such contract so providing shall not
18constitute indebtedness of such public agency so contracting
19to buy water within the meaning of any statutory or
20constitutional limitation. Any such contract of a public
21agency to buy water shall be a continuing, valid and binding
22obligation of such public agency payable from such revenues.
23    A Municipal Joint Action Water Agency shall establish fees
24and charges for the purchase of water from it or for the use of
25its facilities. No prior appropriation shall be required by
26either the Municipal Joint Action Water Agency or any public

 

 

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1agency before entering into any contract authorized by this
2paragraph (d).
3    The changes in this Section made by this amendatory Act of
41984 are intended to be declarative of existing law.
5    (e) 1. A Municipal Joint Action Water Agency established
6pursuant to this Section 3.1 may, from time to time, borrow
7money and, in evidence of its obligation to repay the
8borrowing, issue its negotiable water revenue bonds or notes
9pursuant to this paragraph (e) for any of the following
10purposes: for paying costs of constructing, acquiring,
11improving or extending a joint waterworks or water supply
12system; for paying other expenses incident to or incurred in
13connection with such construction, acquisition, improvement or
14extension; for repaying advances made to or by the Agency for
15such purposes; for paying interest on the bonds or notes until
16the estimated date of completion of any such construction,
17acquisition, improvement or extension and for such period
18after the estimated completion date as the Board of Directors
19of the Agency shall determine; for paying financial, legal,
20administrative and other expenses of the authorization,
21issuance, sale or delivery of bonds or notes; for paying costs
22of insuring payment of the bonds or notes; for providing or
23increasing a debt service reserve fund with respect to any or
24all of the Agency's bonds or notes; and for paying, refunding
25or redeeming any of the Agency's bonds or notes before, after
26or at their maturity, including paying redemption premiums or

 

 

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1interest accruing or to accrue on such bonds or notes being
2paid or redeemed or for paying any other costs in connection
3with any such payment or redemption.
4    2. Any bonds or notes issued pursuant to this paragraph
5(e) by a Municipal Joint Action Water Agency shall be
6authorized by a resolution of the Board of Directors of the
7Agency adopted by the affirmative vote of Directors from a
8majority of the member municipalities, public water districts,
9townships, State universities, and counties, and any
10additional requirements as may be set forth in the agreement
11establishing the Agency. The authorizing resolution may be
12effective immediately upon its adoption. The authorizing
13resolution shall describe in a general way any project
14contemplated to be financed by the bonds or notes, shall set
15forth the estimated cost of the project and shall determine
16its period of usefulness. The authorizing resolution shall
17determine the maturity or maturities of the bonds or notes,
18the rate or rates at which the bonds or notes are to bear
19interest and all the other terms and details of the bonds or
20notes. All such bonds or notes shall mature within the period
21of estimated usefulness of the project with respect to which
22such bonds or notes are issued, as determined by the Board of
23Directors, but in any event not more than 50 years from their
24date of issue. The bonds and notes may bear interest, payable
25at such times, at a rate or rates not exceeding the maximum
26rate established in the Bond Authorization Act, as from time

 

 

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1to time in effect. Bonds or notes of a Municipal Joint Action
2Water Agency shall be sold in such manner as the Board of
3Directors of the Agency shall determine, either at par or at a
4premium or discount, but such that the effective interest cost
5(excluding any redemption premium) to the Agency of the bonds
6or notes shall not exceed a rate equal to the rate of interest
7specified in the Act referred to in the preceding sentence.
8    The resolution authorizing the issuance of any bonds or
9notes pursuant to this paragraph (e) shall constitute a
10contract with the holders of the bonds and notes. The
11resolution may contain such covenants and restrictions with
12respect to the purchase or sale of water by the Agency and the
13contracts for such purchases or sales, the operation of the
14joint waterworks system or water supply system, the issuance
15of additional bonds or notes by the Agency, the security for
16the bonds and notes, and any other matters, as may be deemed
17necessary or advisable by the Board of Directors to assure the
18payment of the bonds or notes of the Agency.
19    3. The resolution authorizing the issuance of bonds or
20notes by a Municipal Joint Action Water Agency shall pledge
21and provide for the application of revenues derived from the
22operation of the Agency's joint waterworks or water supply
23system (including from contracts for the sale of water by the
24Agency) and investment earnings thereon to the payment of the
25cost of operation and maintenance of the system (including
26costs of purchasing water), to provision of adequate

 

 

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1depreciation, reserve or replacement funds with respect to the
2system or the bonds or notes, and to the payment of principal,
3premium, if any, and interest on the bonds or notes of the
4Agency (including amounts for the purchase of such bonds or
5notes). The resolution shall provide that revenues of the
6Municipal Joint Action Water Agency so derived from the
7operation of the system, sufficient (together with other
8receipts of the Agency which may be applied to such purposes)
9to provide for such purposes, shall be set aside as collected
10in a separate fund or funds and used for such purposes. The
11resolution may provide that revenues not required for such
12purposes may be used for any proper purpose of the Agency or
13may be returned to member municipalities.
14    Any notes of a Municipal Joint Action Water Agency issued
15in anticipation of the issuance of bonds by it may, in
16addition, be secured by a pledge of proceeds of bonds to be
17issued by the Agency, as specified in the resolution
18authorizing the issuance of such notes.
19    4. (i) Except as provided in clauses (ii) and (iii) of this
20subparagraph 4 of this paragraph (e), all bonds and notes of
21the Municipal Joint Action Water Agency issued pursuant to
22this paragraph (e) shall be revenue bonds or notes. Such
23revenue bonds or notes shall have no claim for payment other
24than from revenues of the Agency derived from the operation of
25its joint waterworks or water supply system (including from
26contracts for the sale of water by the Agency) and investment

 

 

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1earnings thereon, from bond or note proceeds and investment
2earnings thereon, or from such other receipts of the Agency as
3the agreement establishing the Agency may authorize to be
4pledged to the payment of revenue bonds or notes, all as and to
5the extent as provided in the resolution of the Board of
6Directors authorizing the issuance of the revenue bonds or
7notes. Revenue bonds or notes issued by a Municipal Joint
8Action Water Agency pursuant to this paragraph (e) shall not
9constitute an indebtedness of the Agency or of any member
10municipality, public water district, township, or county
11within the meaning of any constitutional or statutory
12limitation. It shall be plainly stated on each revenue bond
13and note that it does not constitute an indebtedness of the
14Municipal Joint Action Water Agency or of any member
15municipality, public water district, township, or county
16within the meaning of any constitutional or statutory
17limitation.
18    (ii) If the Agreement so provides and subject to the
19referendum provided for in clause (iii) of this subparagraph 4
20of this paragraph (e), the Municipal Joint Action Water Agency
21may borrow money for corporate purposes on the credit of the
22Municipal Joint Action Water Agency, and issue general
23obligation bonds therefor, in such amounts and form and on
24such conditions as it shall prescribe, but shall not become
25indebted in any manner or for any purpose in an amount
26including existing indebtedness in the aggregate which exceeds

 

 

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15.75% of the aggregate value of the taxable property within
2the boundaries of the participating municipalities, public
3water districts, townships, and county service areas within a
4member county determined by the governing body of the county
5by resolution to be served by the Municipal Joint Action Water
6Agency (including any territory added to the Agency after the
7issuance of such general obligation bonds), collectively
8defined as the "Service Area", as equalized and assessed by
9the Department of Revenue and as most recently available at
10the time of the issue of said bonds. Before or at the time of
11incurring any such general obligation indebtedness, the
12Municipal Joint Action Water Agency shall provide for the
13collection of a direct annual tax, which shall be unlimited as
14to rate or amount, sufficient to pay the interest on such debt
15as it falls due and also to pay and discharge the principal
16thereof at maturity, which shall be within 40 years after the
17date of issue thereof. Such tax shall be levied upon and
18collected from all of the taxable property within the
19territorial boundaries of such Service Area at the time of the
20referendum provided for in clause (iii) and shall be levied
21upon and collected from all taxable property within the
22boundaries of any territory subsequently added to the Service
23Area. Dissolution of the Municipal Joint Action Water Agency
24for any reason shall not relieve the taxable property within
25such Service Area from liability for such tax. Liability for
26such tax for property transferred to or released from such

 

 

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1Service Area shall be determined in the same manner as for
2general obligation bonds of such county, if in an
3unincorporated area, and of such municipality, if within the
4boundaries thereof. The clerk or other officer of the
5Municipal Joint Action Water Agency shall file a certified
6copy of the resolution or ordinance by which such bonds are
7authorized to be issued and such tax is levied with the County
8Clerk or Clerks of the county or counties containing the
9Service Area, and such filing shall constitute, without the
10doing of any other act, full and complete authority for such
11County Clerk or Clerks to extend such tax for collection upon
12all the taxable property within the Service Area subject to
13such tax in each and every year, as required, in amounts
14sufficient to pay the principal of and interest on such bonds,
15as aforesaid, without limit as to rate or amount. Such tax
16shall be in addition to and in excess of all other taxes
17authorized to be levied by the Municipal Joint Action Water
18Agency or by such county, municipality, township, or public
19water district. The issuance of such general obligation bonds
20shall be subject to the other provisions of this paragraph
21(e), except for the provisions of clause (i) of this
22subparagraph 4.
23    (iii) No issue of general obligation bonds of the
24Municipal Joint Action Water Agency (except bonds to refund an
25existing bonded indebtedness) shall be authorized unless the
26Municipal Joint Action Water Agency certifies the proposition

 

 

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1of issuing such bonds to the proper election authorities, who
2shall submit the proposition to the voters in the Service Area
3at an election in accordance with the general election law,
4and the proposition has been approved by a majority of those
5voting on the proposition.
6    The proposition shall be substantially in the following
7form:
8--------------------------------------------------------
9    Shall general obligation
10bonds for the purpose of (state
11purpose), in the sum not to
12exceed $....(insert amount),                Yes
13be issued by the .........           ------------------------
14(insert corporate name of the               No
15Municipal Joint Action Water
16Agency)?
17-------------------------------------------------------------
18    5. As long as any bonds or notes of a Municipal Joint
19Action Water Agency created pursuant to this Section 3.1 are
20outstanding and unpaid, the Agency shall not terminate or
21dissolve and, except as permitted by the resolution or
22resolutions authorizing outstanding bonds or notes, no member
23municipality, public water district, township, or county may
24withdraw from the Agency. While any such bonds or notes are
25outstanding, all contracts for the sale of water by the Agency
26to member municipalities, public water districts, townships,

 

 

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1or counties shall be irrevocable except as permitted by the
2resolution or resolutions authorizing such bonds or notes. The
3Agency shall establish fees and charges for its operations
4sufficient to provide adequate revenues to meet all of the
5requirements under its various resolutions authorizing bonds
6or notes.
7    6. A holder of any bond or note issued pursuant to this
8paragraph (e) may, in any civil action, mandamus or other
9proceeding, enforce and compel performance of all duties
10required to be performed by the Agency or such counties, as
11provided in the authorizing resolution, or by any of the
12public agencies contracting with the Agency to purchase water,
13including the imposition of fees and charges, the collection
14of sufficient revenues and the proper application of revenues
15as provided in this paragraph (e) and the levying, extension
16and collection of such taxes.
17    7. In addition, the resolution authorizing any bonds or
18notes issued pursuant to this paragraph (e) may provide for a
19pledge, assignment, lien or security interest, for the benefit
20of the holders of any or all bonds or notes of the Agency, (i)
21on any or all revenues derived from the operation of the joint
22waterworks or water supply system (including from contracts
23for the sale of water) and investment earnings thereon or (ii)
24on funds or accounts securing the payment of the bonds or notes
25as provided in the authorizing resolution. In addition, such a
26pledge, assignment, lien or security interest may be made with

 

 

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1respect to any receipts of the Agency which the agreement
2establishing the Agency authorizes it to apply to payment of
3bonds or notes. Any such pledge, assignment, lien or security
4interest for the benefit of holders of bonds or notes shall be
5valid and binding from the time the bonds or notes are issued,
6without any physical delivery or further act, and shall be
7valid and binding as against or prior to any claims of any
8other party having any claims of any kind against the Agency
9irrespective of whether such other parties have notice of such
10pledge, assignment, lien or security interest.
11    A resolution of a Municipal Joint Water Agency authorizing
12the issuance of bonds or notes pursuant to this paragraph (e)
13may provide for the appointment of a corporate trustee with
14respect to any or all of such bonds or notes (which trustee may
15be any trust company or state or national bank having the power
16of a trust company within Illinois). In that event, the
17resolution shall prescribe the rights, duties and powers of
18the trustee to be exercised for the benefit of the Agency and
19the protection of the holders of such bonds or notes. The
20resolution may provide for the trustee to hold in trust,
21invest and use amounts in funds and accounts created as
22provided in the resolution. The resolution authorizing the
23bonds or notes may provide for the assignment and direct
24payment to the trustee of amounts owed by public agencies to
25the Municipal Joint Action Water Agency under water sales
26contracts for application by the trustee to the purposes for

 

 

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1which such revenues are to be used as provided in this
2paragraph (e) and as provided in the authorizing resolution.
3Upon receipt of notice of such assignment, the public agency
4shall thereafter make the assigned payments directly to such
5trustee.
6    Nothing in this Section authorizes a Joint Action Water
7Agency to provide water service directly to residents within a
8municipality or in territory within one mile or less of the
9corporate limits of a municipality that operates a public
10water supply unless the municipality has consented in writing
11to such service being provided.
12    (f) For fiscal years beginning before January 1, 2028,
13notwithstanding any other provision of law, the operations and
14fiscal activities of each municipal joint action water agency
15are subject to the Governmental Account Audit Act.
16    (g) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law, the operations and
18fiscal activities of each municipal joint action water agency
19are subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: P.A. 100-1076, eff. 8-24-18.)
 
22    (5 ILCS 220/10 new)
23    Sec. 10. Government Reporting Enhancement and Transparency
24Act.
25    (a) Any separate legal entity, whether currently existing

 

 

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1or created in the future, that is established by a public
2agency subject to the Government Reporting Enhancement and
3Transparency Act shall also be subject to the Government
4Reporting Enhancement and Transparency Act for fiscal years
5beginning after December 31, 2027.
6    (b) For fiscal years ending before January 1, 2028,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the wastewater
9treatment authority established by the City of West Chicago
10and Village of Winfield shall be subject to the Governmental
11Account Audit Act.
12    (c) For fiscal years beginning after December 31, 2027,
13the operations and fiscal activities of the wastewater
14treatment authority established by the City of West Chicago
15and Village of Winfield shall be subject to the Government
16Reporting Enhancement and Transparency Act.
 
17    Section 900-10. The State Comptroller Act is amended by
18changing Section 23.7 as follows:
 
19    (15 ILCS 405/23.7)
20    Sec. 23.7. Comptroller; local government and school
21district registry.
22    (a) Through December 31, 2027, the The Comptroller shall
23establish and maintain a registry of all units of local
24government and school districts within the State. Within 60

 

 

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1days following the creation or dissolution of a unit of local
2government or school district, each county clerk shall provide
3to the Comptroller information for the registry in a manner
4prescribed by the Comptroller. Information in the registry may
5include, but shall not be limited to, the name, address, and
6type of government unit, the names of current elected or
7appointed office holders, and such other information as the
8Comptroller may determine. Each county clerk shall notify the
9Comptroller upon learning of the creation or dissolution of
10any unit of local government or school district.
11    (b) On and after January 1, 2028, the Comptroller shall
12maintain a registry of local governments in accordance with
13the Government Reporting Enhancement and Transparency Act.
14(Source: P.A. 101-34, eff. 6-28-19.)
 
15    Section 900-15. The Property Tax Code is amended by adding
16Section 2-23 as follows:
 
17    (35 ILCS 200/2-23 new)
18    Sec. 2-23. Government Reporting Enhancement and
19Transparency Act.
20    (a) For fiscal years ending before January 1, 2028,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of each multi-township
23assessment district shall be subject to the Governmental
24Account 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 each multi-township
4assessment district shall be subject to the Government
5Reporting Enhancement and Transparency Act.
 
6    (35 ILCS 200/30-30 rep.)
7    (35 ILCS 200/30-31 rep.)
8    Section 900-17. The Property Tax Code is amended by
9repealing Sections 30-30 and 30-31.
 
10    Section 900-20. The Public Building Commission Act is
11amended by changing Section 10 as follows:
 
12    (50 ILCS 20/10)  (from Ch. 85, par. 1040)
13    Sec. 10. Government Reporting Enhancement and Transparency
14Act.
15    (a) A Public Building Commission shall provide for the
16proper safekeeping of its records, subject to the provisions
17of the "The Local Records Act", enacted by the Seventy-second
18General Assembly, and shall keep a minute book for the
19recording of the corporate action of the Board of
20Commissioners. A complete record of the meetings and
21proceedings of the Board of Commissioners shall be kept in
22such minute book and such minutes shall be signed by the
23Secretary of the Public Building Commission. The Commission

 

 

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1shall keep a true and accurate account of its receipts and
2disbursements and an annual audit shall be made of its books,
3records and accounts for fiscal years ending before January 1,
42028. The audit shall be presented annually for review to each
5governing body under whose resolution the Commission is
6organized. If an audit is not presented on an annual basis, any
7or all governing bodies under whose resolutions the Commission
8is organized may order their own audit of the Commission's
9books, records, and accounts. The Commission shall cooperate
10by providing all requested documentation. When an audit is
11conducted at the direction of a governing body, no more than
12one audit shall be conducted for all governing bodies under
13whose resolutions the Commission is organized and the audit
14shall be paid for from Commission funds. All officers and
15employees authorized to receive or retain the custody of money
16or to sign vouchers, checks, warrants, or evidences of
17indebtedness on behalf of the Commission, shall furnish surety
18bond for the faithful performance of their duties and the
19faithful accounting of all monies that may come into their
20hands, in an amount to be fixed and in a form to be approved by
21the Board of Commissioners.
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 a Commission shall be
25subject to the Government Reporting Enhancement and
26Transparency Act.

 

 

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1(Source: P.A. 90-702, eff. 8-7-98.)
 
2    Section 900-25. The Local Government Financial Statement
3Act is amended by changing Section 1 as follows:
 
4    (50 ILCS 305/1)  (from Ch. 85, par. 601)
5    Sec. 1. Through December 31, 2027, the The corporate
6authorities of all counties and municipal corporations and all
7public officers who in the discharge of their official duties
8receive all or any part of their funds from the County
9Collector or the County Treasurer and all fee officers other
10than city or village treasurers or municipal officers who are
11required to file an annual report, which report is required to
12be published, shall furnish as herein provided, within 60 days
13after January 1st and July 1st of each year a sworn, detailed
14and itemized statement of all receipts and expenditures of any
15character for the preceding 6 months and showing the names,
16addresses, positions and salaries of every employee of the
17county office or municipal corporation.
18    A copy of such statement shall be furnished for reference,
19on request, to all daily newspapers published in each city, in
20such county, and to the city library of each city. Copies shall
21also be furnished to the clerk of the circuit court or to the
22clerk of such municipal corporation, respectively, such copies
23to be kept available for inspection by persons applying
24therefor. The governing body of any such county or municipal

 

 

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1corporation may direct the publication of such reports,
2respectively, in one or more daily newspapers respectively
3published therein, and the city council of cities of 300,000
4or more population shall so direct the publication thereof.
5    Nothing in this Act shall apply to the corporate
6authorities or any officer of a county which has a population
7of more than 3,000,000.
8(Source: P.A. 86-412.)
 
9    Section 900-30. The Governmental Account Audit Act is
10amended by changing Section 4.5 and by adding Sections 7.5 and
1110.5 as follows:
 
12    (50 ILCS 310/4.5)
13    Sec. 4.5. Comptroller's Audit Expense Revolving Fund.
14There is created the Comptroller's Audit Expense Revolving
15Fund as a special fund to be held by the State Treasurer, ex
16officio, as custodian, but separate and apart from the funds
17in the State treasury. The following moneys shall be deposited
18into that Fund:
19        (1) All moneys received by the Comptroller for
20    reimbursement of the Comptroller's cost of performing
21    audits and preparing or completing reports under Section 4
22    of this Act, Section 6-31004 of the Counties Code, or
23    Section 8-8-4 of the Illinois Municipal Code.
24        (2) All moneys appropriated to that Fund by the

 

 

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1    General Assembly.
2    Expenditures from the Fund shall be made on vouchers
3signed by the Comptroller, for the sole purpose of paying the
4Comptroller's cost of performing audits and preparing or
5completing reports under Section 4 of this Act, Section
66-31004 of the Counties Code, or Section 8-8-4 of the Illinois
7Municipal Code.
8    The State Treasurer shall invest moneys in the Fund in the
9same manner and subject to the same restrictions as moneys in
10the State treasury.
11    Notwithstanding any other provision of law to the
12contrary, on June 30, 2030, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the remaining balance from the
15Comptroller's Audit Expense Revolving Fund into the
16Comptroller's Administrative Fund. Upon completion of the
17transfer, the Comptroller's Audit Expense Revolving Fund is
18dissolved, and any future deposits due to that Fund and any
19outstanding obligations or liabilities of that Fund shall pass
20to the Comptroller's Administrative Fund.
21(Source: P.A. 88-280.)
 
22    (50 ILCS 310/7.5 new)
23    Sec. 7.5. Delinquent reports.
24    (a) In this Section:
25    "CPA firm" means a sole proprietorship, corporation,

 

 

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1registered limited liability company, partnership,
2professional service corporation, or any other form of
3organization issued a license in accordance with the Illinois
4Public Accounting Act or a CPA firm authorized to use the CPA
5firm title under Section 5.2 of the Illinois Public Accounting
6Act.
7    "Responsible officials" means the elected or appointed
8persons charged with governance and the responsibility for
9overseeing the strategic direction of the governmental unit
10and the obligations related to the accountability of the
11governmental unit.
12    (b) On or after March 15, 2027, if a governmental unit
13fails to comply with the requirements of this Act or any other
14State law mandating the governmental unit to undergo an audit
15and is more than 63 days late in meeting its reporting
16obligations, after considering any extensions granted by the
17Comptroller, the Comptroller shall review the governmental
18unit's actions. The review shall assess whether the
19governmental unit is taking appropriate corrective action to
20bring itself into compliance with the provisions of this Act.
21    (c) If the Comptroller's review determines the
22governmental unit is implementing appropriate corrective
23action in a timely manner, then the Comptroller shall
24        (1) communicate the delay in writing to the
25    governmental unit's responsible officials and the
26    Comptroller shall post the written letter on the

 

 

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1    Comptroller's primary website;
2        (2) review the governmental unit's actions taken at
3    least every 28 days until either:
4            (A) the governmental unit complies with this Act;
5        or
6            (B) the Comptroller determines the governmental
7        unit is not implementing appropriate corrective action
8        in a timely manner.
9    (d) If the Comptroller determines that the governmental
10unit is not implementing appropriate corrective action in a
11timely manner, then the Comptroller shall communicate the
12delay in writing to the governmental unit's responsible
13officials and the Comptroller shall post the written letter on
14the Comptroller's primary website.
15    (e) The Comptroller may waive, in whole or in part, the
16requirements of this Act or any other State law, except the
17requirements of the Government Reporting Enhancement and
18Transparency Act mandating the governmental unit to undergo an
19audit, if the waiver is granted in writing and sets forth the
20specific grounds supporting the determination.
21    A written waiver may be granted upon a finding by the
22Comptroller that exigent circumstances exist that materially
23prevent the governmental unit from complying with the
24requirements of this Act or any other State law except the
25requirements of the Government Reporting Enhancement and
26Transparency Act mandating the governmental unit to undergo a

 

 

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1financial audit. Exigent circumstances include, but are not
2limited to, (i) the complete or substantial destruction of the
3governmental unit's financial or administrative records due to
4fire, flood, natural disaster, cyber incident, or other
5catastrophic event; (ii) the sudden dissolution, closure, or
6legal incapacity of the governmental unit; (iii) the seizure,
7impoundment, or restriction of access to records resulting
8from judicial authorized law enforcement activity; (iv) the
9existence of conditions that would materially limit, restrict,
10or impair the scope of the engagement such that it is
11impracticable or impossible to satisfy the requirements
12prescribed by this Act; or (v) any other extraordinary event
13or circumstance that renders compliance impracticable.
14    Any written waiver granted by the Comptroller shall be
15limited in duration to the period reasonably necessary to
16address the exigent circumstances; to specify whether the
17written waiver applies to all or only certain requirements of
18the requirements of this Act or any other State law, except the
19requirements of the Government Reporting Enhancement and
20Transparency Act mandating the governmental unit to undergo a
21financial audit; and to include any conditions, alternative
22requirements, or remedial measures the Comptroller deems
23appropriate to protect the public interest.
24    Any written waiver granted by the Comptroller shall be
25posted on the Comptroller's primary website and shall be
26delivered by certified mail, return receipt requested, to (i)

 

 

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1the responsible officials of the governmental unit and (ii)
2each member of the General Assembly whose legislative district
3includes all or any portion of the territory within the
4jurisdiction of the governmental unit.
5    The Comptroller's determination under this Section is
6final.
 
7    (50 ILCS 310/10.5 new)
8    Sec. 10.5. Operability. Notwithstanding any other
9provision of this Act to the contrary, the provisions of this
10Act shall only apply to reports for fiscal years ending before
11January 1, 2028.
 
12    Section 900-35. The Counties Code is amended by changing
13Sections 6-31003, 6-31004, 6-31005, 6-31006, 6-31008, 6-31009,
146-31010, 6-31011, 6-31012, and 6-31013 and by adding Section
156-31007 as follows:
 
16    (55 ILCS 5/6-31003)  (from Ch. 34, par. 6-31003)
17    Sec. 6-31003. Annual audits and reports. For fiscal years
18ending before January 1, 2028, The county board of each county
19shall cause an audit of all of the funds and accounts of the
20county to be performed annually by an auditor or auditors
21chosen by the county board or by an auditor or auditors
22retained by the Comptroller, as hereinafter provided. In
23addition, each county shall file with the Comptroller a

 

 

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

 

 

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1signed by the auditor performing the audit and shall include
2only financial information, findings and conclusions that are
3adequately supported by evidence in the auditor's working
4papers to demonstrate or prove, when called upon, the basis
5for the matters reported and their correctness and
6reasonableness. In connection with this, each county board
7shall retain the right of inspection of the auditor's working
8papers and shall make them available to the Comptroller, or
9his designee, upon request.
10    Within 60 days of receipt of an audit report, each county
11board shall file one copy of each audit report and each
12financial report with the Comptroller and any comment or
13explanation that the county board may desire to make
14concerning such audit report may be attached thereto. An audit
15report which fails to meet the requirements of this Division
16shall be rejected by the Comptroller and returned to the
17county board for corrective action. One copy of each such
18report shall be filed with the county clerk of the county so
19audited.
20    This Section is a limitation under subsection (i) of
21Section 6 of Article VII of the Illinois Constitution on the
22concurrent exercise by home rule counties of powers and
23functions exercised by the State.
24(Source: P.A. 101-419, eff. 1-1-20.)
 
25    (55 ILCS 5/6-31004)  (from Ch. 34, par. 6-31004)

 

 

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1    Sec. 6-31004. Overdue reports.
2    (a) In the event the required reports for a county are not
3filed with the Comptroller in accordance with Section 6-31003
4within 180 days after the close of the fiscal year of the
5county, the Comptroller shall notify the county board in
6writing that the reports are due, and may also grant an
7extension of time of up to 60 days for the filing of the
8reports. In the event the required reports are not filed
9within the time specified in such written notice, the
10Comptroller shall cause the audit to be performed and the
11audit report prepared by an auditor or auditors.
12    (b) The Comptroller may decline to order an audit and the
13preparation of an audit report if an initial examination of
14the books and records of the governmental unit indicates that
15the books and records of the governmental unit are inadequate
16or unavailable due to the passage of time or the occurrence of
17a natural disaster.
18    (c) The State Comptroller may grant extensions for
19delinquent audits or reports. The Comptroller may charge a
20county a fee for a delinquent audit or report of $5 per day for
21the first 15 days past due, $10 per day for 16 through 30 days
22past due, $15 per day for 31 through 45 days past due, and $20
23per day for the 46th day and every day thereafter. These
24amounts may be reduced at the Comptroller's discretion. All
25fees collected under this subsection (c) shall be deposited
26into the Comptroller's Administrative Fund.

 

 

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1    (d) This Section only applies to audits for fiscal years
2ending before January 1, 2028.
3(Source: P.A. 101-419, eff. 1-1-20.)
 
4    (55 ILCS 5/6-31005)  (from Ch. 34, par. 6-31005)
5    Sec. 6-31005. Funds managed by county officials. For
6officials that leave office prior to January 1, 2027, in In
7addition to any other audit required by this Division, the
8County Board shall cause an audit to be made of all funds and
9accounts under the management or control of a county official
10as soon as possible after such official leaves office for any
11reason. The audit shall be filed with the county board not
12later than 180 days after the official leaves office. The
13audit shall be performed and the audit report shall be
14prepared and filed with the Chairman of the County Board by an
15auditor.
16    As used in this Section, "county official" means any
17elected county officer or any officer appointed by the county
18board who is charged with the management or control of any
19county funds; and "audit" means a post facto examination of
20books, documents, records, and other evidence relating to the
21obligation, receipt, expenditure or use of public funds of the
22county, including governmental operations relating to such
23obligations, receipt, expenditure or use.
24(Source: P.A. 101-419, eff. 1-1-20.)
 

 

 

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1    (55 ILCS 5/6-31006)  (from Ch. 34, par. 6-31006)
2    Sec. 6-31006. Audit report.
3    (a) Prior to fiscal year 2019, the audit report shall
4contain statements that are in conformity with generally
5accepted public accounting principles or other comprehensive
6basis of accounting and shall set forth the financial position
7and the results of financial operations for each fund,
8account, and office of the county government. The audit report
9shall also include the professional opinion of the auditor or
10auditors with respect to the financial status and operations
11or, if an opinion cannot be expressed, a declaration that such
12auditor is unable to express such opinion and an explanation
13of the reasons he or she cannot do so. Each audit report shall
14include the certification of the auditor or auditors making
15the audit that the audit has been performed in compliance with
16generally accepted auditing standards. Each audit report filed
17with the Comptroller shall be accompanied by a copy of each
18official statement or other offering of materials prepared in
19connection with the issuance of indebtedness of the county
20since the filing of the last audit report.
21    (b) For fiscal year 2019 and each fiscal year thereafter
22through the fiscal year ending immediately preceding January
231, 2028, the audit report shall contain statements that set
24forth the financial position and the results of financial
25operations for financial statements for governmental
26activities, business-type activities, discretely presented

 

 

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1component units, and each major fund and aggregated nonmajor
2funds for each fund, account, and office of the county
3government. The audit report shall include the professional
4opinion or opinions of an auditor or auditors with respect to
5the financial status and statements or, if an opinion cannot
6be expressed, a declaration that the auditor is unable to
7express an opinion and an explanation of the reasons he or she
8cannot do so. Each auditor's report shall include the
9representation of the auditor or auditors conducting the audit
10that the audit has been performed in accordance with generally
11accepted auditing standards. Each audit report filed with the
12Comptroller shall be accompanied by a copy of each official
13statement or other offering of materials prepared in
14connection with the issuance of indebtedness of the county
15since the filing of the last audit report.
16    (c) For fiscal year 2019 and each fiscal year thereafter
17through the fiscal year ending immediately preceding January
181, 2028, audit reports shall contain financial statements
19prepared in accordance with generally accepted accounting
20principles and audited in conformity with generally accepted
21auditing standards if the last audit report filed preceding
22fiscal year 2019 expressed an unmodified or modified opinion
23by the auditor that the financial statements were presented in
24accordance with generally accepted accounting principles.
25    (d) For fiscal year 2019 and each fiscal year thereafter
26through the fiscal year ending immediately preceding January

 

 

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

 

 

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

 

 

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

 

 

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1provisions of this Division shall not affect the legality of
2any taxes levied by the county board.
3(Source: P.A. 86-962.)
 
4    (55 ILCS 5/6-31011)  (from Ch. 34, par. 6-31011)
5    Sec. 6-31011. Audit committee. The corporate authorities
6of a county may establish an audit committee, and may appoint
7members of the corporate authority or other appropriate
8officers to the committee, to review audit reports prepared
9under this Division, the Government Reporting Enhancement and
10Transparency Act, and any other financial reports and
11documents, including management letters prepared by or on
12behalf of the county.
13(Source: P.A. 86-962.)
 
14    (55 ILCS 5/6-31012)
15    Sec. 6-31012. Audit report disclosure. Each fiscal year
16through the fiscal year ending immediately preceding January
171, 2028, within 60 days of the close of an audit under this
18Division, the auditor conducting the audit of all of the funds
19and accounts of a county shall do each of the following:
20        (1) Provide a copy of any management letter and a copy
21    of any audited financial statements to each member of the
22    county board. If the county maintains an Internet website,
23    the county board shall post this information to its
24    website.

 

 

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

 

 

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

 

 

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1for public inspection.
2    (c) For fiscal years ending before January 1, 2028, in In
3townships that receive revenue of less than $850,000 during
4any fiscal year, exclusive of road funds, the township board
5shall have the accounts and all records of the township
6audited and inspected by an independent auditing committee
7composed of 3 township electors chosen by the board. The audit
8shall be completed within 6 months after the close of each
9fiscal year. A copy of the auditing committee's report and
10recommendations shall be filed with the township clerk and
11another copy shall be filed with the county clerk for public
12inspection. The auditing committee shall not contain any
13member of the township board or any person related to a
14trustee. Members of the auditing committee shall be proficient
15in accounting principles and practices and shall be
16compensated at a rate determined by the township board but not
17to exceed $50 per day. In addition to the other audit
18requirements imposed by law, in townships subject to this
19subsection, the township board shall have the accounts and all
20records of the township thoroughly audited by a certified
21public accountant within 6 months after (i) the end of each
22term of office of the township supervisor and (ii) a vacancy
23occurs in the office of township supervisor. A copy of the
24accountant's report and recommendations shall be filed with
25the township clerk and another copy shall be filed with the
26county clerk for public inspection.

 

 

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

 

 

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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 each waterworks
4system, sewerage system, combined waterworks and sewerage
5system, or system shall be combined with the township and
6shall be subject to the Government Reporting Enhancement and
7Transparency Act.
8(Source: P.A. 82-783; 88-62.)
 
9    Section 900-45. The Illinois Municipal Code is amended by
10changing Sections 3.1-35-115, 4-5-16, 8-8-3, 8-8-3.5, 8-8-4,
118-8-5, 8-8-7, 8-8-8, 8-8-10, 8-8-10.5, 8-12-15, 11-10-2,
1211-65-9, 11-74.4-5, 11-74.4-8a, 11-74.6-22, 11-94-5,
1311-117-13, 11-119.1-4, 11-119.2-4, 11-122-5, 11-123-14,
1411-130-11, 11-139-10, and 11-141-8 as follows:
 
15    (65 ILCS 5/3.1-35-115)  (from Ch. 24, par. 3.1-35-115)
16    Sec. 3.1-35-115. Comptroller; duties.
17    (a) The comptroller, if one is elected or appointed in a
18municipality (and if not, then the municipal clerk), shall
19exercise a general supervision over all the officers of the
20municipality charged in any manner with the receipt,
21collection, or disbursement of the municipal revenue, or with
22the collection and return of the municipal revenue, or with
23the collection and return of the municipal revenue into the
24treasury.

 

 

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

 

 

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1    (e) In municipalities of 500,000 or more inhabitants, the
2preparation of the report required by this Section and its
3form and substance, including the classification of the
4different objects and purposes of expenditures, shall be
5performed by the budget director of the municipality. For
6fiscal years ending before January 1, 2028, in In those
7municipalities the comptroller shall prepare an annual
8post-audit of all funds for the preceding year which shall be
9known as the "comptroller's report", a copy of which shall be
10sent by the municipal comptroller to the State Comptroller.
11(Source: P.A. 87-1119.)
 
12    (65 ILCS 5/4-5-16)  (from Ch. 24, par. 4-5-16)
13    Sec. 4-5-16. Statement of receipts and expenses;
14examination of books and accounts; expenditure greater than
15appropriation.
16    (a) For fiscal years ending before January 1, 2028, in In
17municipalities with 25,000 or more inhabitants, the council
18each month shall print in pamphlet form, a detailed itemized
19statement of all receipts and expenses of the municipality and
20a summary of its proceedings during the preceding month. For
21fiscal years ending before January 1, 2028, in In
22municipalities with fewer than 25,000 inhabitants, the council
23shall print a similar statement annually instead of monthly.
24The council shall furnish printed copies of each statement to
25(i) the State Library, (ii) the city library, (iii) all the

 

 

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

 

 

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1    (b) Until Fiscal Year 2027, the accounts and funds of each
2municipality having a population of 800 or more or having a
3bonded debt or owning or operating any type of public utility
4shall be audited annually. The audit herein required shall
5include all of the accounts and funds of the municipality.
6Such audit shall be begun as soon as possible after the close
7of the fiscal year, and shall be completed and the report
8submitted within 180 days after the close of such fiscal year,
9unless an extension of time shall be granted by the
10Comptroller in writing. The auditor or auditors performing
11perform the audit shall submit not less than 2 copies of the
12audit report to the corporate authorities of the municipality
13being audited. Municipalities not operating utilities may
14cause audits of the accounts of municipalities to be made more
15often than herein provided, by an auditor or auditors. The
16audit report of such audit when filed with the Comptroller
17together with an audit report covering the remainder of the
18period for which an audit is required to be filed hereunder
19shall satisfy the requirements of this Section section. This
20subsection (b) becomes inoperative inoperable in Fiscal Year
212027.
22    (c) Until Fiscal Year 2027, municipalities of less than
23800 population which do not own or operate public utilities
24and do not have bonded debt, shall file annually with the
25Comptroller a financial report containing information required
26by the Comptroller. Such annual financial report shall be on

 

 

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1forms devised by the Comptroller in such manner as to not
2require professional accounting services for its preparation.
3This subsection (c) becomes inoperative inoperable in Fiscal
4Year 2027.
5    (d) Until Fiscal Year 2027, in addition to any audit
6report required, all municipalities, except municipalities of
7less than 800 population which do not own or operate public
8utilities and do not have bonded debt, shall file annually
9with the Comptroller a supplemental report on forms devised
10and approved by the Comptroller. This subsection (d) becomes
11inoperative inoperable in Fiscal Year 2027.
12    (e) Until Fiscal Year 2027, notwithstanding any provision
13of law to the contrary, if a municipality (i) has a population
14of less than 200, (ii) has bonded debt in the amount of $50,000
15or less, and (iii) owns or operates a public utility, then the
16municipality shall cause an audit of the funds and accounts of
17the municipality to be performed by an auditor employed by the
18municipality or retained by the Comptroller for fiscal year
192011 and every fourth fiscal year thereafter or until the
20municipality has a population of 200 or more, has bonded debt
21in excess of $50,000, or no longer owns or operates a public
22utility. Nothing in this subsection shall be construed as
23limiting the municipality's duty to file an annual financial
24report with the Comptroller or to comply with the filing
25requirements concerning the county clerk. This subsection (e)
26becomes inoperative inoperable in Fiscal Year 2027.

 

 

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

 

 

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

 

 

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1(Source: P.A. 104-167, eff. 1-1-26; revised 12-12-25.)
 
2    (65 ILCS 5/8-8-3.5)
3    Sec. 8-8-3.5. Tax Increment Financing Report. The reports
4filed under subsection (d) of Section 11-74.4-5 of the Tax
5Increment Allocation Redevelopment Act and the reports filed
6under subsection (d) of Section 11-74.6-22 of the Industrial
7Jobs Recovery Law in the Illinois Municipal Code must be
8separate from any other annual report filed with the
9Comptroller. The Comptroller must, in cooperation with
10reporting municipalities, create a format for the reporting of
11information described in paragraphs (1.5), (5), and (8) and in
12subparagraph (G) of paragraph (7) of subsection (d) of Section
1311-74.4-5 of the Tax Increment Allocation Redevelopment Act
14and the information described in paragraphs (1.5), (5), and
15(8) and in subparagraph (G) of paragraph (7) of subsection (d)
16of Section 11-74.6-22 of the Industrial Jobs Recovery Law that
17facilitates consistent reporting among the reporting
18municipalities. The Comptroller may allow these reports to be
19filed electronically and may display the report, or portions
20of the report, electronically via the Internet. All reports
21filed under this Section must be made available for
22examination and copying by the public at all reasonable times.
23A Tax Increment Financing Report must be filed electronically
24with the Comptroller within 180 days after the close of the
25municipal fiscal year or as soon thereafter as the audit for

 

 

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

 

 

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

 

 

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1extension in time of 60 days for the filing of such annual or
2supplemental report.
3    (b) In the event the annual or supplemental report is not
4filed within the time extended by the Comptroller, the
5Comptroller shall cause such annual or supplemental report to
6be prepared or completed and the municipality shall pay to the
7Comptroller reasonable compensation and expenses to reimburse
8him for the cost of preparing or completing such annual or
9supplemental report. Moneys paid to the Comptroller pursuant
10to the preceding sentence shall be deposited into the
11Comptroller's Audit Expense Revolving Fund.
12    (c) The Comptroller may decline to order an audit or the
13completion of the supplemental report if an initial
14examination of the books and records of the municipality
15indicates that books and records of the municipality are
16inadequate or unavailable to support the preparation of the
17audit report or the supplemental report due to the passage of
18time or the occurrence of a natural disaster.
19    (d) The State Comptroller may grant extensions for
20delinquent audits or reports. The Comptroller may charge a
21municipality a fee for a delinquent audit or report of $5 per
22day for the first 15 days past due, $10 per day for 16 through
2330 days past due, $15 per day for 31 through 45 days past due,
24and $20 per day for the 46th day and every day thereafter.
25These amounts may be reduced at the Comptroller's discretion.
26All fees collected under this subsection (d) shall be

 

 

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

 

 

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

 

 

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1    (c) For fiscal year 2019 and each fiscal year thereafter,
2audit reports shall contain financial statements prepared in
3accordance with generally accepted accounting principles and
4audited in accordance with generally accepted auditing
5standards if the last audit report filed preceding fiscal year
62019 expressed an unmodified or modified opinion by the
7auditor that the financial statements were prepared in
8accordance with generally accepted accounting principles.
9    (d) For fiscal year 2019 and each fiscal year thereafter,
10audit reports containing financial statements prepared in
11accordance with an other comprehensive basis of accounting may
12follow the best practices and guidelines outlined by the
13American Institute of Certified Public Accountants and shall
14be audited in accordance with generally accepted auditing
15standards. If the corporate authority of a municipality
16submits an audit report containing financial statements
17prepared in accordance with generally accepted accounting
18principles, thereafter all future audit reports shall also
19contain financial statements prepared in accordance with
20generally accepted accounting principles.
21    (e) Audits may be made on financial statements prepared
22using either an accrual or cash basis of accounting, depending
23upon the system followed by the municipality, and audit
24reports shall comply with this Section.
25    (f) This Section only applies to fiscal years ending
26before January 1, 2028.

 

 

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1(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 
2    (65 ILCS 5/8-8-7)  (from Ch. 24, par. 8-8-7)
3    Sec. 8-8-7.
4    (a) When the auditor or auditors have completed the audit,
5not less than 2 copies of a report of the audit shall be made
6and signed by the making such audit, and shall immediately be
7filed with the municipality audited. Each audit report shall
8include the certification of the auditor or auditors making
9the audit that the audit has been performed in compliance with
10generally accepted auditing standards. The municipality shall
11immediately make one copy of the report, or one copy of the
12report authorized by this Division 8 in lieu of an audit
13report, a part of its public records and at all times
14thereafter this copy shall be open to public inspection. In
15addition, the municipality shall file one copy of the report
16with the Comptroller. An audit report which fails to meet the
17requirements of this Act shall be rejected by the Comptroller
18and returned to the municipal authorities for corrective
19action. Nothing in this Section shall be construed as
20preventing a municipality, in filing its audit report with the
21Comptroller, from transmitting with such report any comment or
22explanation that it may desire to make concerning that report.
23The audit report filed with the Comptroller, together with any
24accompanying comment or explanation, shall immediately become
25a part of his public records and shall at all times thereafter

 

 

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

 

 

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1dollar which will produce an amount which will equal a sum
2sufficient to meet the cost of all auditing and reports
3thereunder. Such municipal auditing tax shall be held in a
4special fund and used for no other purpose than the payment of
5expenses occasioned by this Division 8.
6    The tax authorized by this Section shall be in addition to
7taxes for general corporate purposes authorized under Section
88-3-1 of this Act.
9    This Section only applies to fiscal years ending before
10January 1, 2028.
11(Source: P.A. 101-419, eff. 1-1-20.)
 
12    (65 ILCS 5/8-8-10)  (from Ch. 24, par. 8-8-10)
13    Sec. 8-8-10. The corporate authorities of a municipality
14may establish an audit committee, and may appoint members of
15the corporate authority or other appropriate officers to the
16committee, to review audit reports prepared under this Act,
17the Government Reporting Enhancement and Transparency Act, and
18any other financial reports and documents, including
19management letters prepared by or on behalf of the
20municipality.
21(Source: P.A. 82-644.)
 
22    (65 ILCS 5/8-8-10.5)
23    Sec. 8-8-10.5. Audit report disclosure. Each fiscal year
24through the fiscal year ending immediately preceding January

 

 

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11, 2028, within 60 days of the close of an audit under this
2Act, the auditor conducting the audit of all of the funds and
3accounts of a municipality shall do each of the following:
4        (1) Provide a copy of any management letter and a copy
5    of any audited financial statements to each member of the
6    municipality's corporate authorities. If the municipality
7    maintains an Internet website, the corporate authorities
8    shall post this information to its website.
9        (2) Present the information from the audit to the
10    municipality's corporate authorities either in person or
11    by a live phone or web connection during a public meeting.
12(Source: P.A. 98-738, eff. 1-1-15.)
 
13    (65 ILCS 5/8-12-15)  (from Ch. 24, par. 8-12-15)
14    Sec. 8-12-15. The financially distressed city shall
15develop, adopt and submit to the Authority, within 45 days
16after this Division first becomes applicable to the city as
17provided in Section 8-12-4, for approval by the Authority, an
18initial Financial Plan with respect to the remaining portion
19of what is the city's current fiscal year at the time this
20Division first becomes applicable to the city as provided in
21Section 8-12-4 and for the 2 succeeding fiscal years. The city
22shall develop and adopt subsequent Financial Plans annually
23and during interim periods as directed by the Authority.
24Interim updates shall be directed only when the Authority in
25its discretion determines that a change in circumstances

 

 

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

 

 

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

 

 

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

 

 

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1    (65 ILCS 5/11-10-2)  (from Ch. 24, par. 11-10-2)
2    Sec. 11-10-2. (a) A foreign fire insurance board shall be
3created by and among the sworn members of the fire department
4of each municipality with fewer than 500,000 inhabitants that
5has an organized fire department. The board shall consist of 7
6trustees; the fire chief, who shall hold office by virtue of
7rank, and 6 members, who shall be elected at large by the sworn
8members of the department. If there is an insufficient number
9of candidates to fill all these positions, the number of board
10members may be reduced, but not to fewer than 3 trustees. All
11sworn members of the department shall be eligible to be
12elected as officers of the foreign fire insurance board. The
13members of this board shall annually elect officers. These
14officers shall be a chairman, a treasurer, and any other
15officers deemed necessary by the board. The members of the
16foreign fire insurance board shall make all needful rules and
17regulations with respect to the foreign fire insurance board
18and the management of the funds to be paid to the board. The
19foreign fire insurance board may establish, manage, and
20maintain an account for the holding and expenditure of all
21funds paid to the board. The foreign fire insurance board may
22contract for the purchase of goods and services using funds
23paid to the board. Contracting for services includes, but is
24not limited to, the procurement and payment of all accounting,
25legal, collection, or other professional services deemed by
26the board to be necessary to the execution of its duties under

 

 

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

 

 

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1recognized under the Uniform Arbitration Act. Arbitrations
2held pursuant to a written arbitration agreement are the
3exclusive remedy available for resolving such disputes.
4    (b) As used in this subsection, "active member" means a
5member of the Chicago Fire Department who is not receiving a
6disability pension, retired, or a deferred pensioner of the
7Firemen's Annuity and Benefit Fund of Chicago.
8    A department foreign fire insurance board is created
9within the Chicago Fire Department. The board shall consist of
107 trustees who shall be initially elected on or before January
111, 2019: the fire commissioner, who shall hold office by
12virtue of rank, and 6 elected trustees, who shall be elected at
13large by the sworn members of the department. If there is an
14insufficient number of candidates seeking election to each
15vacant trustee position, the number of board members is
16reduced to 5 trustees, including the fire commissioner of the
17department, until the next election cycle when there are
18enough active members seeking election to fill all 7 member
19seats. All active members are eligible to be elected as
20trustees of the department foreign fire insurance board. Of
21the trustees first elected, 3 trustees shall be elected to a
222-year term and 3 trustees shall be elected to a 3-year term.
23After the initial election, a trustee shall be elected for a
24term of 3 years. If a member of the board resigns, is removed,
25or is unable to continue serving on the board, the vacancy
26shall be filled by special election of the active members or,

 

 

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1in the case of a vacancy that will exist for fewer than 180
2days until the term expires, by appointment by majority vote
3of the members of the board.
4    The members of the board shall annually elect officers.
5These officers shall be a chairman, treasurer, and secretary.
6The trustees of the board shall make rules and regulations
7with respect to the board and the management of the money
8appropriated to the board. The officers of the board shall
9develop and maintain a listing of those items that the board
10believes are appropriate expenditures under this subsection.
11The treasurer of the board shall give a sufficient bond to the
12City of Chicago. The cost of the bond shall be paid out of the
13moneys in the board's fund. The bond shall be conditioned upon
14the faithful performance by the treasurer of his or her duties
15under the rules and regulations provided for in this
16subsection. The treasurer of the board shall receive the
17appropriated proceeds and shall disburse the proceeds upon the
18order of the board for the maintenance, use, and benefit of the
19department consistent with this subsection. As part of the
20annual municipal audit for fiscal years ending before January
211, 2028, these funds shall be audited to verify that the funds
22have been expended lawfully by the board consistent with this
23subsection.
24    Within 30 days after receipt of any foreign fire insurance
25proceeds by the City of Chicago, the City of Chicago shall
26transfer the proceeds to the board by depositing the proceeds

 

 

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1into an account determined by the board, except that if the
2effective date of this amendatory Act of the 100th General
3Assembly is after July 31, 2018, then the City of Chicago
4shall, for budget year 2019 only, transfer only 50% of the
5proceeds to the board. Notwithstanding any other provision of
6law: 50% of the foreign fire insurance proceeds received by
7the board shall be used for the maintenance, use, benefit, or
8enhancement of fire stations or training facilities used by
9the active members of the fire department; 25% of the foreign
10fire insurance proceeds received by the board shall be used
11for the maintenance, use, benefit, or enhancement of emergency
12response vehicles, tools, and equipment used by the active
13members of the department; and 25% of the foreign fire
14insurance proceeds received by the board shall be used for the
15maintenance and enhancement of the department and for the use
16and benefit of the active members of the department in a manner
17otherwise consistent with this subsection. Foreign fire
18insurance proceeds may not be used to purchase, maintain, or
19enhance personal property of a member of the department,
20except for personal property used in the performance of his or
21her duties or training activities.
22    (c) The provisions of this Section shall be the exclusive
23power of the State, pursuant to subsection (h) of Section 6 of
24Article VII of the Constitution.
25(Source: P.A. 102-740, eff. 1-1-23.)
 

 

 

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1    (65 ILCS 5/11-65-9)  (from Ch. 24, par. 11-65-9)
2    Sec. 11-65-9. Every municipality owning and operating such
3a municipal convention hall shall keep books of account for
4the municipal convention hall separate and distinct from other
5municipal accounts and in such manner as to show the true and
6complete financial standing and results of the municipal
7ownership and operation. These accounts shall be so kept as to
8show: (1) the actual cost to the municipality of maintenance,
9extension, and improvement, (2) all operating expenses of
10every description, (3) if water or other service is furnished
11for the use of the municipal convention hall without charge,
12as nearly as possible, the value of that service, and also the
13value of any use or service rendered by the municipal
14convention hall to the municipality without charge, (4)
15reasonable allowances for interest, depreciation, and
16insurance, and (5) estimates of the amount of taxes that would
17be chargeable against the property if owned by a private
18corporation. The corporate authorities shall publish a report
19annually showing the financial results, in the form specified
20in this Section section, of the municipal ownership and
21operation in one or more newspapers published in the
22municipality, or, if no newspaper is published therein, then
23in one or more newspapers with a general circulation within
24the municipality.
25    For fiscal years ending before January 1, 2028, the The
26accounts of the convention hall shall be examined at least

 

 

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1once a year by a licensed Certified Public Accountant
2permitted to perform audits under the Illinois Public
3Accounting Act who shall report to the corporate authorities
4the results of his examination. This accountant shall be
5selected as the corporate authorities may direct, and he shall
6receive for his services such compensation, to be paid out of
7the revenue from the municipal convention hall, as the
8corporate authorities may prescribe.
9(Source: P.A. 94-465, eff. 8-4-05.)
 
10    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
11    Sec. 11-74.4-5. Public hearing; joint review board.
12    (a) The changes made by this amendatory Act of the 91st
13General Assembly do not apply to a municipality that, (i)
14before the effective date of this amendatory Act of the 91st
15General Assembly, has adopted an ordinance or resolution
16fixing a time and place for a public hearing under this Section
17or (ii) before July 1, 1999, has adopted an ordinance or
18resolution providing for a feasibility study under Section
1911-74.4-4.1, but has not yet adopted an ordinance approving
20redevelopment plans and redevelopment projects or designating
21redevelopment project areas under Section 11-74.4-4, until
22after that municipality adopts an ordinance approving
23redevelopment plans and redevelopment projects or designating
24redevelopment project areas under Section 11-74.4-4;
25thereafter the changes made by this amendatory Act of the 91st

 

 

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1General Assembly apply to the same extent that they apply to
2redevelopment plans and redevelopment projects that were
3approved and redevelopment projects that were designated
4before the effective date of this amendatory Act of the 91st
5General Assembly.
6    Prior to the adoption of an ordinance proposing the
7designation of a redevelopment project area, or approving a
8redevelopment plan or redevelopment project, the municipality
9by its corporate authorities, or as it may determine by any
10commission designated under subsection (k) of Section
1111-74.4-4 shall adopt an ordinance or resolution fixing a time
12and place for public hearing. At least 10 days prior to the
13adoption of the ordinance or resolution establishing the time
14and place for the public hearing, the municipality shall make
15available for public inspection a redevelopment plan or a
16separate report that provides in reasonable detail the basis
17for the eligibility of the redevelopment project area. The
18report along with the name of a person to contact for further
19information shall be sent within a reasonable time after the
20adoption of such ordinance or resolution to the affected
21taxing districts by certified mail. On and after the effective
22date of this amendatory Act of the 91st General Assembly, the
23municipality shall print in a newspaper of general circulation
24within the municipality a notice that interested persons may
25register with the municipality in order to receive information
26on the proposed designation of a redevelopment project area or

 

 

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1the approval of a redevelopment plan. The notice shall state
2the place of registration and the operating hours of that
3place. The municipality shall have adopted reasonable rules to
4implement this registration process under Section 11-74.4-4.2.
5The municipality shall provide notice of the availability of
6the redevelopment plan and eligibility report, including how
7to obtain this information, by mail within a reasonable time
8after the adoption of the ordinance or resolution, to all
9residential addresses that, after a good faith effort, the
10municipality determines are located outside the proposed
11redevelopment project area and within 750 feet of the
12boundaries of the proposed redevelopment project area. This
13requirement is subject to the limitation that in a
14municipality with a population of over 100,000, if the total
15number of residential addresses outside the proposed
16redevelopment project area and within 750 feet of the
17boundaries of the proposed redevelopment project area exceeds
18750, the municipality shall be required to provide the notice
19to only the 750 residential addresses that, after a good faith
20effort, the municipality determines are outside the proposed
21redevelopment project area and closest to the boundaries of
22the proposed redevelopment project area. Notwithstanding the
23foregoing, notice given after August 7, 2001 (the effective
24date of Public Act 92-263) and before the effective date of
25this amendatory Act of the 92nd General Assembly to
26residential addresses within 750 feet of the boundaries of a

 

 

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

 

 

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

 

 

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1shall convene a joint review board. The board shall consist of
2a representative selected by each community college district,
3local elementary school district and high school district or
4each local community unit school district, park district,
5library district, township, fire protection district, and
6county that will have the authority to directly levy taxes on
7the property within the proposed redevelopment project area at
8the time that the proposed redevelopment project area is
9approved, a representative selected by the municipality and a
10public member. The public member shall first be selected and
11then the board's chairperson shall be selected by a majority
12of the board members present and voting.
13    For redevelopment project areas with redevelopment plans
14or proposed redevelopment plans that would result in the
15displacement of residents from 10 or more inhabited
16residential units or that include 75 or more inhabited
17residential units, the public member shall be a person who
18resides in the redevelopment project area. If, as determined
19by the housing impact study provided for in paragraph (5) of
20subsection (n) of Section 11-74.4-3, or if no housing impact
21study is required then based on other reasonable data, the
22majority of residential units are occupied by very low, low,
23or moderate income households, as defined in Section 3 of the
24Illinois Affordable Housing Act, the public member shall be a
25person who resides in very low, low, or moderate income
26housing within the redevelopment project area. Municipalities

 

 

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1with fewer than 15,000 residents shall not be required to
2select a person who lives in very low, low, or moderate income
3housing within the redevelopment project area, provided that
4the redevelopment plan or project will not result in
5displacement of residents from 10 or more inhabited units, and
6the municipality so certifies in the plan. If no person
7satisfying these requirements is available or if no qualified
8person will serve as the public member, then the joint review
9board is relieved of this paragraph's selection requirements
10for the public member.
11    Within 90 days of the effective date of this amendatory
12Act of the 91st General Assembly, each municipality that
13designated a redevelopment project area for which it was not
14required to convene a joint review board under this Section
15shall convene a joint review board to perform the duties
16specified under paragraph (e) of this Section.
17    All board members shall be appointed and the first board
18meeting shall be held at least 14 days but not more than 28
19days after the mailing of notice by the municipality to the
20taxing districts as required by Section 11-74.4-6(c).
21Notwithstanding the preceding sentence, a municipality that
22adopted either a public hearing resolution or a feasibility
23resolution between July 1, 1999 and July 1, 2000 that called
24for the meeting of the joint review board within 14 days of
25notice of public hearing to affected taxing districts is
26deemed to be in compliance with the notice, meeting, and

 

 

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

 

 

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1redevelopment plan or addition of parcels of property to the
2redevelopment project area on the basis of the redevelopment
3project area and redevelopment plan satisfying the plan
4requirements, the eligibility criteria defined in Section
511-74.4-3, and the objectives of this Act.
6    The board shall issue a written report describing why the
7redevelopment plan and project area or the amendment thereof
8meets or fails to meet one or more of the objectives of this
9Act and both the plan requirements and the eligibility
10criteria defined in Section 11-74.4-3. In the event the Board
11does not file a report it shall be presumed that these taxing
12bodies find the redevelopment project area and redevelopment
13plan satisfy the objectives of this Act and the plan
14requirements and eligibility criteria.
15    If the board recommends rejection of the matters before
16it, the municipality will have 30 days within which to
17resubmit the plan or amendment. During this period, the
18municipality will meet and confer with the board and attempt
19to resolve those issues set forth in the board's written
20report that led to the rejection of the plan or amendment.
21    Notwithstanding the resubmission set forth above, the
22municipality may commence the scheduled public hearing and
23either adjourn the public hearing or continue the public
24hearing until a date certain. Prior to continuing any public
25hearing to a date certain, the municipality shall announce
26during the public hearing the time, date, and location for the

 

 

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

 

 

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

 

 

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1(4) increase the total estimated redevelopment project cost
2set out in the redevelopment plan by more than 5% after
3adjustment for inflation from the date the plan was adopted,
4(5) add additional redevelopment project costs to the itemized
5list of redevelopment project costs set out in the
6redevelopment plan, or (6) increase the number of inhabited
7residential units to be displaced from the redevelopment
8project area, as measured from the time of creation of the
9redevelopment project area, to a total of more than 10, may be
10made without further public hearing and related notices and
11procedures including the convening of a joint review board as
12set forth in Section 11-74.4-6 of this Act, provided that the
13municipality shall give notice of any such changes by mail to
14each affected taxing district and registrant on the interested
15parties registry, provided for under Section 11-74.4-4.2, and
16by publication in a newspaper of general circulation within
17the affected 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.
20    (d) After the effective date of this amendatory Act of the
2191st General Assembly, for fiscal years ending before January
221, 2028, a municipality shall submit in an electronic format
23the following information for each redevelopment project area
24(i) to the State Comptroller under Section 8-8-3.5 of the
25Illinois Municipal Code, subject to any extensions or
26exemptions provided at the Comptroller's discretion under that

 

 

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1Section, and (ii) to all taxing districts overlapping the
2redevelopment project area no later than 180 days after the
3close of each municipal fiscal year or as soon thereafter as
4the audited financial statements become available and, in any
5case, shall be submitted before the annual meeting of the
6Joint Review Board to each of the taxing districts that
7overlap the redevelopment project area:
8        (1) Any amendments to the redevelopment plan, the
9    redevelopment project area, or the State Sales Tax
10    Boundary.
11        (1.5) A list of the redevelopment project areas
12    administered by the municipality and, if applicable, the
13    date each redevelopment project area was designated or
14    terminated by the municipality.
15        (2) Audited financial statements of the special tax
16    allocation fund once a cumulative total of $100,000 has
17    been deposited in the fund for fiscal years ending before
18    January 1, 2028.
19        (3) Certification of the Chief Executive Officer of
20    the municipality that the municipality has complied with
21    all of the requirements of this Act during the preceding
22    fiscal year.
23        (4) An opinion of legal counsel that the municipality
24    is in compliance with this Act.
25        (5) An analysis of the special tax allocation fund
26    which sets forth:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (d-1) Prior to the effective date of this amendatory Act
2of the 91st General Assembly, municipalities with populations
3of over 1,000,000 shall, after adoption of a redevelopment
4plan or project, make available upon request to any taxing
5district in which the redevelopment project area is located
6the following information:
7        (1) Any amendments to the redevelopment plan, the
8    redevelopment project area, or the State Sales Tax
9    Boundary; and
10        (2) In connection with any redevelopment project area
11    for which the municipality has outstanding obligations
12    issued to provide for redevelopment project costs pursuant
13    to Section 11-74.4-7, for fiscal years ending before
14    January 1, 2028, audited financial statements of the
15    special tax allocation fund.
16    (e) The joint review board shall meet annually 180 days
17after the close of the municipal fiscal year, or, for fiscal
18years ending before January 1, 2028, year or as soon as the
19redevelopment project audit for that fiscal year becomes
20available to review the effectiveness and status of the
21redevelopment project area up to that date.
22    (f) (Blank).
23    (g) In the event that a municipality has held a public
24hearing under this Section prior to March 14, 1994 (the
25effective date of Public Act 88-537), the requirements imposed
26by Public Act 88-537 relating to the method of fixing the time

 

 

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

 

 

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1(iv) the amount of private and public investment within the
2redevelopment project area, and (v) any other relevant
3evaluation or performance data. Within 30 days after the
4municipality compiles the status report, the municipality must
5hold at least one public hearing concerning the report. The
6municipality must provide 20 days' public notice of the
7hearing.
8    (j) Beginning in fiscal year 2011 and in each fiscal year
9thereafter, a municipality must detail in its annual budget
10(i) the revenues generated from redevelopment project areas by
11source and (ii) the expenditures made by the municipality for
12redevelopment project areas.
13(Source: P.A. 102-127, eff. 7-23-21.)
 
14    (65 ILCS 5/11-74.4-8a)  (from Ch. 24, par. 11-74.4-8a)
15    Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
16which has adopted tax increment allocation financing prior to
17January 1, 1987, may by ordinance (1) authorize the Department
18of Revenue, subject to appropriation, to annually certify and
19cause to be paid from the Illinois Tax Increment Fund to such
20municipality for deposit in the municipality's special tax
21allocation fund an amount equal to the Net State Sales Tax
22Increment and (2) authorize the Department of Revenue to
23annually notify the municipality of the amount of the
24Municipal Sales Tax Increment which shall be deposited by the
25municipality in the municipality's special tax allocation

 

 

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1fund. Provided that for purposes of this Section no amendments
2adding additional area to the redevelopment project area which
3has been certified as the State Sales Tax Boundary shall be
4taken into account if such amendments are adopted by the
5municipality after January 1, 1987. If an amendment is adopted
6which decreases the area of a State Sales Tax Boundary, the
7municipality shall update the list required by subsection
8(3)(a) of this Section. The Retailers' Occupation Tax
9liability, Use Tax liability, Service Occupation Tax liability
10and Service Use Tax liability for retailers and servicemen
11located within the disconnected area shall be excluded from
12the base from which tax increments are calculated and the
13revenue from any such retailer or serviceman shall not be
14included in calculating incremental revenue payable to the
15municipality. A municipality adopting an ordinance under this
16subsection (1) of this Section for a redevelopment project
17area which is certified as a State Sales Tax Boundary shall not
18be entitled to payments of State taxes authorized under
19subsection (2) of this Section for the same redevelopment
20project area. Nothing herein shall be construed to prevent a
21municipality from receiving payment of State taxes authorized
22under subsection (2) of this Section for a separate
23redevelopment project area that does not overlap in any way
24with the State Sales Tax Boundary receiving payments of State
25taxes pursuant to subsection (1) of this Section.
26    A certified copy of such ordinance shall be submitted by

 

 

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1the municipality to the Department of Commerce and Economic
2Opportunity and the Department of Revenue not later than 30
3days after the effective date of the ordinance. Upon
4submission of the ordinances, and the information required
5pursuant to subsection 3 of this Section, the Department of
6Revenue shall promptly determine the amount of such taxes paid
7under the Retailers' Occupation Tax Act, Use Tax Act, Service
8Use Tax Act, the Service Occupation Tax Act, the Municipal
9Retailers' Occupation Tax Act and the Municipal Service
10Occupation Tax Act by retailers and servicemen on transactions
11at places located in the redevelopment project area during the
12base year, and shall certify all the foregoing "initial sales
13tax amounts" to the municipality within 60 days of submission
14of the list required of subsection (3)(a) of this Section.
15    If a retailer or serviceman with a place of business
16located within a redevelopment project area also has one or
17more other places of business within the municipality but
18outside the redevelopment project area, the retailer or
19serviceman shall, upon request of the Department of Revenue,
20certify to the Department of Revenue the amount of taxes paid
21pursuant to the Retailers' Occupation Tax Act, the Municipal
22Retailers' Occupation Tax Act, the Service Occupation Tax Act
23and the Municipal Service Occupation Tax Act at each place of
24business which is located within the redevelopment project
25area in the manner and for the periods of time requested by the
26Department of Revenue.

 

 

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

 

 

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1relocation is from a location within the municipality, the
2Department, at the request of the municipality, shall adjust
3the certified aggregate amount of taxes that constitute the
4Municipal Sales Tax Increment paid by retailers and servicemen
5on transactions at places of business located within the State
6Sales Tax Boundary during the base year using the same
7procedures as are employed to make the adjustment referred to
8in the prior paragraph. The adjusted Municipal Sales Tax
9Increment calculated by the Department shall be sufficient to
10satisfy the requirements of subsection (1) of this Section.
11    When a municipality which has adopted tax increment
12allocation financing in 1986 determines that a portion of the
13aggregate amount of taxes paid by retailers and servicemen
14under the Retailers Occupation Tax Act, Use Tax Act, Service
15Use Tax Act, or Service Occupation Tax Act, the Municipal
16Retailers' Occupation Tax Act and the Municipal Service
17Occupation Tax Act, includes revenue of a retailer or
18serviceman which terminated retailer or service operations in
191986, prior to the adoption of tax increment allocation
20financing, the Department of Revenue shall be notified by such
21municipality that the retailers' occupation tax liability, use
22tax liability, service occupation tax liability or service use
23tax liability, from such retailer's or serviceman's terminated
24operations shall be excluded from the Initial Sales Tax
25Amounts for such taxes. The revenue from any such retailer or
26serviceman which is excluded from the base year under this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1into such municipality's special tax allocation fund.
2    (3) Within 30 days after the adoption of the ordinance
3required by either subsection (1) or subsection (2) of this
4Section, the municipality shall transmit to the Department of
5Commerce and Economic Opportunity and the Department of
6Revenue the following:
7        (a) if applicable, a certified copy of the ordinance
8    required by subsection (1) accompanied by a complete list
9    of street names and the range of street numbers of each
10    street located within the redevelopment project area for
11    which payments are to be made under this Section in both
12    the base year and in the year preceding the payment year;
13    and the addresses of persons registered with the
14    Department of Revenue; and, the name under which each such
15    retailer or serviceman conducts business at that address,
16    if different from the corporate name; and the Illinois
17    Business Tax Number of each such person (The municipality
18    shall update this list in the event of a revision of the
19    redevelopment project area, or the opening or closing or
20    name change of any street or part thereof in the
21    redevelopment project area, or if the Department of
22    Revenue informs the municipality of an addition or
23    deletion pursuant to the monthly updates given by the
24    Department.);
25        (b) if applicable, a certified copy of the ordinance
26    required by subsection (2) accompanied by a complete list

 

 

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

 

 

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

 

 

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

 

 

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1of each municipal fiscal year the following information for
2the immediately preceding fiscal year:
3        (a) Any amendments to the redevelopment plan, the
4    redevelopment project area, or the State Sales Tax
5    Boundary.
6        (b) Audited financial statements of the special tax
7    allocation fund for fiscal years ending before January 1,
8    2028.
9        (c) Certification of the Chief Executive Officer of
10    the municipality that the municipality has complied with
11    all of the requirements of this Act during the preceding
12    fiscal year.
13        (d) An opinion of legal counsel that the municipality
14    is in compliance with this Act.
15        (e) An analysis of the special tax allocation fund
16    which sets forth:
17            (1) the balance in the special tax allocation fund
18        at the beginning of the fiscal year;
19            (2) all amounts deposited in the special tax
20        allocation fund by source;
21            (3) all expenditures from the special tax
22        allocation fund by category of permissible
23        redevelopment project cost; and
24            (4) the balance in the special tax allocation fund
25        at the end of the fiscal year including a breakdown of
26        that balance by source. Such ending balance shall be

 

 

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1        designated as surplus if it is not required for
2        anticipated redevelopment project costs or to pay debt
3        service on bonds issued to finance redevelopment
4        project costs, as set forth in Section 11-74.4-7
5        hereof.
6        (f) A description of all property purchased by the
7    municipality within the redevelopment project area
8    including:
9            1. Street address
10            2. Approximate size or description of property
11            3. Purchase price
12            4. Seller of property.
13        (g) A statement setting forth all activities
14    undertaken in furtherance of the objectives of the
15    redevelopment plan, including:
16            1. Any project implemented in the preceding fiscal
17        year
18            2. A description of the redevelopment activities
19        undertaken
20            3. A description of any agreements entered into by
21        the municipality with regard to the disposition or
22        redevelopment of any property within the redevelopment
23        project area or the area within the State Sales Tax
24        Boundary.
25        (h) With regard to any obligations issued by the
26    municipality:

 

 

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

 

 

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1which have not been designated for use in a specific
2development project in the annual report shall be designated
3as surplus. No funds may be held in the Special Tax Allocation
4Fund for more than 36 months from the date of receipt unless
5the money is required for payment of contractual obligations
6for specific development project costs. If held for more than
736 months in violation of the preceding sentence, such funds
8shall be designated as surplus. Any funds designated as
9surplus must first be used for early redemption of any bond
10obligations. Any funds designated as surplus which are not
11disposed of as otherwise provided in this paragraph, shall be
12distributed as surplus as provided in Section 11-74.4-7.
13    (7) Any appropriation made pursuant to this Section for
14the 1987 State fiscal year shall not exceed the amount of $7
15million and for the 1988 State fiscal year the amount of $10
16million. The amount which shall be distributed to each
17municipality shall be the incremental revenue to which each
18municipality is entitled as calculated by the Department of
19Revenue, unless the requests of the municipality exceed the
20appropriation, then the amount to which each municipality
21shall be entitled shall be prorated among the municipalities
22in the same proportion as the increment to which the
23municipality would be entitled bears to the total increment
24which all municipalities would receive in the absence of this
25limitation, provided that no municipality may receive an
26amount in excess of 15% of the appropriation. For the 1987 Net

 

 

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1State Sales Tax Increment payable in Fiscal Year 1989, no
2municipality shall receive more than 7.5% of the total
3appropriation; provided, however, that any of the
4appropriation remaining after such distribution shall be
5prorated among municipalities on the basis of their pro rata
6share of the total increment. Beginning on January 1, 1993,
7each municipality's proportional share of the Illinois Tax
8Increment Fund shall be determined by adding the annual Net
9State Sales Tax Increment and the annual Net Utility Tax
10Increment to determine the Annual Total Increment. The ratio
11of the Annual Total Increment of each municipality to the
12Annual Total Increment for all municipalities, as most
13recently calculated by the Department, shall determine the
14proportional shares of the Illinois Tax Increment Fund to be
15distributed to each municipality.
16    (7.1) No distribution of Net State Sales Tax Increment to
17a municipality for an area within a State Sales Tax Boundary
18shall exceed in any State Fiscal Year an amount equal to 3
19times the sum of the Municipal Sales Tax Increment, the real
20property tax increment and deposits of funds from other
21sources, excluding state and federal funds, as certified by
22the city treasurer to the Department of Revenue for an area
23within a State Sales Tax Boundary. After July 29, 1988, for
24those municipalities which issue bonds between June 1, 1988
25and 3 years from July 29, 1988 to finance redevelopment
26projects within the area in a State Sales Tax Boundary, the

 

 

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1distribution of Net State Sales Tax Increment during the 16th
2through 20th years from the date of issuance of the bonds shall
3not exceed in any State Fiscal Year an amount equal to 2 times
4the sum of the Municipal Sales Tax Increment, the real
5property tax increment and deposits of funds from other
6sources, excluding State and federal funds.
7    (8) Any person who knowingly files or causes to be filed
8false information for the purpose of increasing the amount of
9any State tax incremental revenue commits a Class A
10misdemeanor.
11    (9) The following procedures shall be followed to
12determine whether municipalities have complied with the Act
13for the purpose of receiving distributions after July 1, 1989
14pursuant to subsection (1) of this Section 11-74.4-8a.
15        (a) The Department of Revenue shall conduct a
16    preliminary review of the redevelopment project areas and
17    redevelopment plans pertaining to those municipalities
18    receiving payments from the State pursuant to subsection
19    (1) of Section 8a of this Act for the purpose of
20    determining compliance with the following standards:
21            (1) For any municipality with a population of more
22        than 12,000 as determined by the 1980 U.S. Census: (a)
23        the redevelopment project area, or in the case of a
24        municipality which has more than one redevelopment
25        project area, each such area, must be contiguous and
26        the total of all such areas shall not comprise more

 

 

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

 

 

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1        redevelopment project area, the total of all such
2        areas, shall not be more than 35% of the total base
3        year taxes paid by retailers and servicemen on
4        transactions at places of business located within the
5        municipality under the Retailers' Occupation Tax Act,
6        the Use Tax Act, the Service Use Tax Act, and the
7        Service Occupation Tax Act. Redevelopment project
8        areas created prior to 1986 are not subject to the
9        above standards if their boundaries were not amended
10        in 1986.
11            (3) Such preliminary review of the redevelopment
12        project areas applying the above standards shall be
13        completed by November 1, 1988, and on or before
14        November 1, 1988, the Department shall notify each
15        municipality by certified mail, return receipt
16        requested that either (1) the Department requires
17        additional time in which to complete its preliminary
18        review; or (2) the Department is issuing either (a) a
19        Certificate of Eligibility or (b) a Notice of Review.
20        If the Department notifies a municipality that it
21        requires additional time to complete its preliminary
22        investigation, it shall complete its preliminary
23        investigation no later than February 1, 1989, and by
24        February 1, 1989 shall issue to each municipality
25        either (a) a Certificate of Eligibility or (b) a
26        Notice of Review. A redevelopment project area for

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1existence of a property tax abatement resulting from an
2enterprise zone, then that property shall not be permitted to
3be amended into a State Sales Tax Boundary.
4(Source: P.A. 100-201, eff. 8-18-17.)
 
5    (65 ILCS 5/11-74.6-22)
6    Sec. 11-74.6-22. Adoption of ordinance; requirements;
7changes.
8    (a) Before adoption of an ordinance proposing the
9designation of a redevelopment planning area or a
10redevelopment project area, or both, or approving a
11redevelopment plan or redevelopment project, the municipality
12or commission designated pursuant to subsection (l) of Section
1311-74.6-15 shall fix by ordinance or resolution a time and
14place for public hearing. Prior to the adoption of the
15ordinance or resolution establishing the time and place for
16the public hearing, the municipality shall make available for
17public inspection a redevelopment plan or a report that
18provides in sufficient detail, the basis for the eligibility
19of the redevelopment project area. The report along with the
20name of a person to contact for further information shall be
21sent to the affected taxing district by certified mail within
22a reasonable time following the adoption of the ordinance or
23resolution establishing the time and place for the public
24hearing.
25    At the public hearing any interested person or affected

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1publication once in a newspaper of general circulation within
2the affected taxing district. Such notice by mail and by
3publication shall each occur not later than 10 days following
4the adoption by ordinance of such changes.
5    Notwithstanding Section 11-74.6-50, the redevelopment
6project area established by an ordinance adopted in its final
7form on December 19, 2011 by the City of Loves Park may be
8expanded by the adoption of an ordinance to that effect
9without further hearing or notice to include land that (i) is
10at least in part contiguous to the existing redevelopment
11project area, (ii) does not exceed approximately 16.56 acres,
12(iii) at the time of the establishment of the redevelopment
13project area would have been otherwise eligible for inclusion
14in the redevelopment project area, and (iv) is zoned so as to
15comply with this Act prior to its inclusion in the
16redevelopment project area.
17    (d) After the effective date of this amendatory Act of the
1891st General Assembly, a municipality shall submit the
19following information for each redevelopment project area (i)
20to the State Comptroller under Section 8-8-3.5 of the Illinois
21Municipal Code, subject to any extensions or exemptions
22provided at the Comptroller's discretion under that Section,
23and (ii) to all taxing districts overlapping the redevelopment
24project area no later than 180 days after the close of each
25municipal fiscal year, or, for fiscal years ending before
26January 1, 2028, year or as soon thereafter as the audited

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1accounts properly audited for fiscal years ending before
2January 1, 2028. A report of this audit shall be open for
3inspection at all times to any taxpayer, or to a holder of any
4bond or coupon of any bond issued under this Division 94, or to
5their respective representatives.
6    This amendatory Act of 1973 is not a limit upon any
7municipality which is a home rule unit.
8    This amendatory Act of 1975 is not a limit upon any
9municipality which is a home rule unit.
10(Source: P.A. 81-1509.)
 
11    (65 ILCS 5/11-117-13)  (from Ch. 24, par. 11-117-13)
12    Sec. 11-117-13. Any municipality, owning a public utility,
13shall keep the accounts for each public utility distinct from
14other municipal accounts and in such manner as to show the true
15and complete financial results of municipal ownership or
16ownership and operation, as the case may be. These accounts
17shall be so kept as to show (1) the actual cost of the
18municipality of each public utility owned; (2) all costs of
19maintenance, extension, and improvement; (3) all operating
20expenses of every description, in case of municipal operation;
21(4) the amounts set aside for sinking fund purposes; (5) if
22water or other service is furnished for the use of a public
23utility without charge, as nearly as possible, the value of
24that service and also the value of any similar service
25rendered by each public utility to any other municipal

 

 

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1department without charge; (6) reasonable allowances for
2interest, depreciation, and insurance; and (7) estimates of
3the amount of taxes that would be chargeable against each
4public utility if owned by a private corporation.
5    For fiscal years ending before January 1, 2028, the The
6corporate authorities shall print annually for public
7distribution, a report, in the form specified in this Section,
8showing the financial results of the municipal ownership or
9ownership and operation. The accounts of each public utility
10shall be examined once each year by a licensed Certified
11Public Accountant permitted to perform audits under the
12Illinois Public Accounting Act who shall report to the
13corporate authorities the results of his examination. This
14accountant shall be selected in such manner as the corporate
15authorities may direct, and he shall receive for his services
16such compensation, to be paid out of the revenue from each
17public utility, as the municipality may prescribe.
18(Source: P.A. 94-465, eff. 8-4-05.)
 
19    (65 ILCS 5/11-119.1-4)  (from Ch. 24, par. 11-119.1-4)
20    Sec. 11-119.1-4. Municipal Power Agencies.
21    A. Any 2 or more municipalities, contiguous or
22noncontiguous, and which operate an electric utility system,
23may form a municipal power agency by the execution of an agency
24agreement authorized by an ordinance adopted by the governing
25body of each municipality. The agency agreement may state:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1an agency agreement as provided in this Section.
2    K. For fiscal years ending before January 1, 2028,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of a municipal power
5agency shall be subject to the Governmental Account Audit Act.
6    L. For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of a municipal power
9agency shall be subject to the Government Reporting
10Enhancement and Transparency Act.
11(Source: P.A. 96-204, eff. 1-1-10.)
 
12    (65 ILCS 5/11-119.2-4)  (from Ch. 24, par. 11-119.2-4)
13    Sec. 11-119.2-4. A. Any 2 or more municipalities,
14contiguous or noncontiguous, and which operate a natural gas
15plant or system, may form a municipal natural gas agency by the
16execution of an agency agreement authorized by an ordinance
17adopted by the governing body of each municipality. The agency
18agreement may state:
19        (1) that the municipal natural gas agency is created
20    and incorporated under the provisions of this Division as
21    a body politic and corporate, municipal corporation and
22    unit of local government of the State of Illinois;
23        (2) the name of the agency and the date of its
24    establishment;
25        (3) the names of the municipalities which have adopted

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1municipal natural gas agency.
2    I. Any additional municipality which operates a natural
3gas plant or system may join the municipal natural gas agency,
4or any member municipality may withdraw therefrom upon the
5approval by ordinance adopted by the governing body of the
6majority of the municipalities which are then members of the
7municipal natural gas agency. Any new member shall agree to
8assume its proportionate share of the outstanding obligations
9of the municipal natural gas agency and any member permitted
10to withdraw shall remain obligated to make payments under any
11outstanding contract or agreement with the municipal natural
12gas agency. Any such change in membership shall be recorded
13and filed in the same manner as for the original agreement.
14    J. Any 2 or more municipal natural gas agencies organized
15pursuant to this Division may consolidate to form a new
16municipal natural gas agency when approved by ordinance
17adopted by the governing body of each municipality which is a
18member of the respective municipal natural gas agency and by
19the execution of an agency agreement as provided in this
20Section.
21    K. For fiscal years ending before January 1, 2028,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of a municipal natural
24gas agency shall be subject to the Governmental Account Audit
25Act.
26    L. 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 a municipal natural
3gas agency shall be subject to the Government Reporting
4Enhancement and Transparency Act.
5(Source: P.A. 96-204, eff. 1-1-10.)
 
6    (65 ILCS 5/11-122-5)  (from Ch. 24, par. 11-122-5)
7    Sec. 11-122-5. Every city owning, or owning and operating,
8street railways, shall keep the books of account for these
9street railways distinct from other city accounts and in such
10manner as to show the true and complete financial results of
11the city ownership, or ownership and operation, as the case
12may be. These accounts shall be so kept as to show: (1) the
13actual cost to the city of street railways owned, (2) all costs
14of maintenance, extension, and improvement, (3) all operating
15expenses of every description, in case of city operation, (4)
16the amount set aside for sinking fund purposes, (5) if water or
17other service is furnished for the use of the street railways
18without charge, as nearly as possible, the value of this
19service, and also the value of any similar service rendered by
20the street railways to any other city department without
21charge, (6) reasonable allowances for interest, depreciation,
22and insurance, and (7) estimates of the amount of taxes that
23would be chargeable against the property if owned by a private
24corporation. The city council shall print annually for public
25distribution, a report showing the financial results, in the

 

 

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

 

 

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1whether of the whole or of a part of the utilities; (4) if
2water or other service is furnished for the use of the
3utilities without charge, as nearly as possible, the value of
4that service, and also the value of any service rendered by the
5utilities to any reasonable allowances for interest,
6depreciation, and other municipal department without charge;
7(5) insurance; and (6) estimates of the amount of taxes that
8would be chargeable against the utilities if owned by a
9private corporation. For fiscal years ending before January 1,
102028, the The corporate authorities of the municipality shall
11have printed annually for public distribution, a report
12showing the financial standing and results, in the form
13specified in this section, of the municipal ownership and
14operation, or of municipal ownership and leasing. This report
15shall be published in one or more newspapers published in the
16municipality, or, if no newspaper is published therein, then
17in one or more newspapers with a general circulation within
18the municipality. In municipalities with less than 500
19population in which no newspaper is published, publication may
20instead be made by posting a notice in 3 prominent places
21within the municipality.
22    For fiscal years ending before January 1, 2028, the The
23accounts of the utilities shall be examined at least once a
24year by a licensed Certified Public Accountant permitted to
25perform audits under the Illinois Public Accounting Act, who
26shall report to the corporate authorities the results of his

 

 

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1examination. This accountant shall be selected in such manner
2as the corporate authorities may direct, and he shall receive
3for his services such compensation, to be paid out of the
4revenue from the utilities, as the corporate authorities may
5prescribe.
6(Source: P.A. 94-465, eff. 8-4-05.)
 
7    (65 ILCS 5/11-130-11)  (from Ch. 24, par. 11-130-11)
8    Sec. 11-130-11. Any municipality issuing revenue bonds
9under this Division 130 shall install and maintain a proper
10system of accounts, showing the amount of revenue received and
11its application. For fiscal years ending before January 1,
122028, at At least once a year the municipality shall have the
13accounts properly audited by a competent auditor. The report
14of that audit shall be open for inspection at all proper times
15to any taxpayer, water-user, or any holder of bonds issued
16under this Division 130, or to anyone acting for and on behalf
17of the taxpayer, water-user, or bondholder.
18    The treasurer of the municipality shall be custodian of
19the funds derived from income received from waterworks
20purchased or constructed either in whole or in part under the
21provisions of this Division 130. He shall give proper bond for
22the faithful discharge of his duties as such custodian, and
23this bond shall be fixed and approved by the corporate
24authorities of the municipality.
25    All of the funds received as income from waterworks

 

 

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1purchased or constructed in whole or in part under the
2provisions of this Division 130, and all of the funds received
3from the sale of revenue bonds issued to construct such a
4waterworks system, shall be kept separate and apart from the
5other funds of the municipality. The treasurer shall maintain
6separate accounts in which shall be placed (1) the interest
7and sinking fund, (2) the depreciation fund and (3) the
8operating and maintenance fund. He shall also provide for
9refunding outstanding certificates payable out of water
10revenue.
11(Source: Laws 1961, p. 576.)
 
12    (65 ILCS 5/11-139-10)  (from Ch. 24, par. 11-139-10)
13    Sec. 11-139-10. Any municipality operating a combined
14waterworks and sewerage system under this Division 139, shall
15set up and maintain a proper system of accounts showing the
16amount of revenue received from the combined waterworks and
17sewerage system and the application of this revenue. For
18fiscal years ending before January 1, 2028, at At least once
19each year the municipality shall have these accounts properly
20audited, and a report of this audit shall be open to the public
21for inspection at all reasonable times.
22(Source: Laws 1961, p. 576.)
 
23    (65 ILCS 5/11-141-8)  (from Ch. 24, par. 11-141-8)
24    Sec. 11-141-8. Every municipality which issues bonds under

 

 

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1this Division 141 shall install and maintain a proper system
2of accounts showing the amount of revenue received from the
3sewerage system and the application of that revenue. For
4fiscal years ending before January 1, 2028, at At least once
5each year the municipality shall have the accounts properly
6audited. A report of that audit shall be open for inspection at
7all proper times to any taxpayer, sewerage system user, or the
8holder of any bond issued under this Division 141, or their
9respective representatives.
10(Source: Laws 1961, p. 576.)
 
11    Section 900-47. The Home Equity Assurance Act is amended
12by changing Section 11 and by adding Section 5.5 as follows:
 
13    (65 ILCS 95/5.5 new)
14    Sec. 5.5. Government Reporting Enhancement and
15Transparency Act.
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 a home equity program
19and its related governing commission shall be subject to the
20Governmental Account Audit Act.
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 a home equity program
24and its related governing commission shall be subject to the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1ordinance, or petition initiating the question. A resolution,
2ordinance, or petition initiating a question described in this
3subsection shall be filed with the election authority having
4jurisdiction over the municipality. The resolution, ordinance,
5or petition shall be filed and objections to the resolution,
6ordinance, or petition shall be made in the manner provided in
7the Election Code. A resolution, ordinance, or petition
8initiating a question described in this subsection shall
9specify the election at which the question is to be submitted.
10The referendum on the question shall be held in accordance
11with the Election Code. The question shall be in substantially
12the following form:
13        "Shall the (name of the home equity program) implement
14    a Delinquent Tax Repayment Loan Fund with money from the
15    guarantee fund of the Northwest Home Equity Assurance
16    Program?"
17        The votes must be recorded as "Yes" or "No".
18    If a majority of the voters on the question approve the
19creation of a Delinquent Tax Repayment Loan Fund as certified
20by the proper election authorities or two-thirds of the
21commissioners, by resolution, approve the creation of a
22Delinquent Tax Repayment Loan Fund, the commission shall
23establish the program and administer the program with funds
24collected under the program, subject to the following
25conditions:
26        (1) At any given time, the cumulative total of all

 

 

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1    loans and loan guarantees (if applicable) issued under
2    this program may not exceed $3,000,000.
3        (2) Only eligible applicants may apply for a loan. The
4    commission may establish, by resolution, additional
5    criteria for eligibility.
6        (3) The loan must be used to assist with repayment of
7    delinquent property taxes and for those facing imminent
8    delinquency.
9        (4) An eligible applicant may not borrow more than the
10    amount due to the treasurer's office.
11        (5) A commission shall charge an interest rate which
12    it determines to be below the market rate of interest
13    generally available to the applicant.
14        (6) A commission may, by resolution, establish other
15    administrative rules and procedures as are necessary to
16    implement this program including, but not limited to,
17    eligibility requirements for eligible applicants, loan
18    dollar amounts, and loan terms.
19        (7) Where practicable, it shall be required that a
20    borrower obtain free housing counseling services prior to
21    applying to this tax program for the purpose of assisting
22    with budgeting and providing a recommendation as to
23    whether this client is suited for this program.
24        (8) A commission may also impose on loan applicants a
25    one-time application fee for the purpose of defraying the
26    costs of administering the program.

 

 

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1    (e) The guarantee fund shall be maintained, invested, and
2expended exclusively by the governing commission of the
3program for whose purposes it was created. Under no
4circumstance shall the guarantee fund be used by any person or
5persons, governmental body, or public or private agency or
6concern other than the governing commission of the program for
7whose purposes it was created. Under no circumstances shall
8the guarantee fund be commingled with other funds or
9investments.
10    (e-1) No commissioner or family member of a commissioner,
11or employee or family member of an employee, may receive any
12financial benefit, either directly or indirectly, from the
13guarantee fund. Nothing in this subsection (e-1) shall be
14construed to prohibit payment of expenses to a commissioner in
15accordance with Section 4 or payment of salaries or expenses
16to an employee in accordance with this Section.
17    As used in this subsection (e-1), "family member" means a
18spouse, child, stepchild, parent, brother, or sister of a
19commissioner or a child, stepchild, parent, brother, or sister
20of a commissioner's spouse.
21    (f) For fiscal years ending before January 1, 2028, an An
22independent audit of the guarantee fund and the management of
23the program shall be conducted annually and made available to
24the public through any office of the governing commission or a
25public facility such as a local public library located within
26the territory of the program.

 

 

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1(Source: P.A. 102-599, eff. 1-1-22; 103-737, eff. 1-1-25.)
 
2    Section 900-50. The Airport Authorities Act is amended by
3changing Section 11 as follows:
 
4    (70 ILCS 5/11)  (from Ch. 15 1/2, par. 68.11)
5    Sec. 11. Records of authority and officers' bonds.
6    (a) For fiscal years ending before January 1, 2028, the
7The Board shall provide for the proper and safe keeping of its
8permanent records and for the recording of the corporate
9action of the Authority. It shall keep a true and accurate
10account of its receipts and an annual audit shall be made of
11its books, records and accounts. All officers and employees
12authorized to receive or retain the custody of money or to sign
13vouchers, checks, warrants or evidences of indebtedness
14binding upon the Authority shall furnish surety bond for the
15faithful performance of their duties and the faithful
16accounting for all moneys that may come into their hands in an
17amount to be fixed and in a form to be approved by the Board.
18    (b) For fiscal years beginning after December 31, 2027,
19the Board shall provide for the proper and safe keeping of its
20permanent records and for the recording of the corporate
21action of the Authority. It shall keep a true and accurate
22account of its receipts and disbursements. All officers and
23employees authorized to receive or retain the custody of money
24or to sign vouchers, checks, warrants or evidences of

 

 

10400HB5391ham001- 229 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 230 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 231 -LRB104 18487 RTM 35239 a

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

 

 

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

 

 

10400HB5391ham001- 233 -LRB104 18487 RTM 35239 a

1district for carrying into effect the objects for which the
2district was formed.
3    (b) The board of trustees may incur indebtedness on behalf
4of the district not to exceed $50,000 in the aggregate for the
5purpose of acquiring land for grave sites. The indebtedness
6shall be evidenced by a promissory note of the district
7requiring repayment in full no more than 20 years after the
8date the indebtedness is incurred. The board of trustees may
9give a mortgage on the land acquired to secure the
10indebtedness.
11    (c) The board of trustees may accept gifts on behalf of the
12district. The gifts may be in any form, from any source, and
13for any legal purpose.
14    (d) The board of trustees shall keep a true and accurate
15account of its receipts and disbursements.
16    (e) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of the Board shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: P.A. 86-144; 86-396.)
 
22    Section 900-65. The Civic Center Code is amended by
23changing Sections 2-135, 15-40, 20-70, 30-35, 50-35, 55-60,
24100-55, 110-35, 125-50, 155-65, 175-30, 185-55, 190-55,
25195-35, 200-65, 205-105, 250-40, 255-130, and 280-90 as

 

 

10400HB5391ham001- 234 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 235 -LRB104 18487 RTM 35239 a

1incorporated by reference into this Article:
2    Section 2-3. Purpose.
3    Section 2-5. Definitions.
4    Section 2-10. Lawsuits; common seal.
5    Section 2-15. Duties; auditorium, recreational, and other
6buildings; lease of space.
7    Section 2-20. Rights and powers, including eminent domain.
8    Section 2-25. Incurring obligations.
9    Section 2-30. Prompt payment.
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 2-50. Borrowing; revenue bonds; suits to compel
15performance.
16    Section 2-55. Bonds; nature of indebtedness.
17    Section 2-60. Investment in bonds.
18    Section 2-75. Board members; financial matters; conflict
19of interest.
20    Section 2-80. Board members' oath.
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 2-100. Secretary; treasurer.
25    Section 2-105. Funds.
26    Section 2-110. Signatures on checks or drafts.

 

 

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1    Section 2-115. General manager; other appointments.
2    Section 2-122. Rules and regulations; penalties.
3    Section 2-125. Contracts; award to other than highest or
4lowest bidder by vote of 5 Board members.
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 200/20-70)
12    Sec. 20-70. 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 2-25. Incurring obligations.
19    Section 2-30. Prompt payment.
20    Section 2-35. Acquisition of property from person, State,
21or local agency.
22    Section 2-45. Insurance.
23    Section 2-60. Investment in bonds.
24    Section 2-76. Board members; financial matters;
25compensation for secretary or treasurer; conflict of interest.

 

 

10400HB5391ham001- 237 -LRB104 18487 RTM 35239 a

1    Section 2-80. Board members' oath.
2    Section 2-83. Removal of Board member from office.
3    Section 2-85. Board members; vacancy in office.
4    Section 2-97. Board meetings; public records.
5    Section 2-101. Secretary; treasurer; funds deposited in
6bank or savings and loan association.
7    Section 2-110. Signatures on checks or drafts.
8    Section 2-115. General manager; other appointments.
9    Section 2-120. Ordinances, rules, and regulations; fines
10and penalties.
11    Section 2-128. Contracts; award to other than highest or
12lowest bidder by three-fourths vote.
13    Section 2-130. Bids and advertisements.
14    Section 2-132. Bidders; civil action to compel compliance.
15    Section 2-135. Report and financial statement.
16    Section 2-140. State financial support.
17    Section 2-145. Anti-trust laws.
18    Section 2-150. Tax exemption.
19(Source: P.A. 90-328, eff. 1-1-98.)
 
20    (70 ILCS 200/30-35)
21    Sec. 30-35. Standard civic center provisions incorporated
22by reference. The following Sections of this Code are
23incorporated by reference into this Article:
24    Section 2-5. Definitions.
25    Section 2-10. Lawsuits; common seal.

 

 

10400HB5391ham001- 238 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 239 -LRB104 18487 RTM 35239 a

1    Section 2-140. State financial support.
2    Section 2-145. Anti-trust laws.
3    Section 2-150. Tax exemption.
4(Source: P.A. 90-328, eff. 1-1-98.)
 
5    (70 ILCS 200/50-35)
6    Sec. 50-35. Standard civic center provisions incorporated
7by reference. The following Sections of this Code are
8incorporated by reference into this Article:
9    Section 2-5. Definitions.
10    Section 2-10. Lawsuits; common seal.
11    Section 2-17. Duties; auditorium and other buildings.
12    Section 2-21. Rights and powers.
13    Section 2-25. Incurring obligations.
14    Section 2-30. Prompt payment.
15    Section 2-36. Acquisition of property from person or
16governmental agency.
17    Section 2-40. Federal money.
18    Section 2-45. Insurance.
19    Section 2-76. Board members; financial matters;
20compensation for secretary or treasurer; conflict of interest.
21    Section 2-80. Board members' oath.
22    Section 2-83. Removal of Board member from office.
23    Section 2-85. Board members; vacancy in office.
24    Section 2-90. Organization of the Board.
25    Section 2-95. Meetings; action by 5 Board members.

 

 

10400HB5391ham001- 240 -LRB104 18487 RTM 35239 a

1    Section 2-101. Secretary; treasurer; funds deposited in
2bank or savings and loan association.
3    Section 2-106. Funds; compliance with Public Funds
4Investment Act.
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 2-127. Contracts; award to other than highest or
10lowest bidder by four-fifths vote.
11    Section 2-130. Bids and advertisements.
12    Section 2-135. Report and financial statement.
13    Section 2-140. State financial support.
14    Section 2-145. Anti-trust laws.
15    Section 2-150. Tax exemption.
16(Source: P.A. 90-328, eff. 1-1-98.)
 
17    (70 ILCS 200/55-60)
18    Sec. 55-60. Standard civic center provisions incorporated
19by reference. The following Sections of this Code are
20incorporated by reference into this Article:
21    Section 2-3. Purpose.
22    Section 2-5. Definitions.
23    Section 2-10. Lawsuits; common seal.
24    Section 2-15. Duties; auditorium, recreational, and other
25buildings; lease of space.

 

 

10400HB5391ham001- 241 -LRB104 18487 RTM 35239 a

1    Section 2-20. Rights and powers, including eminent domain.
2    Section 2-25. Incurring obligations.
3    Section 2-30. Prompt payment.
4    Section 2-35. Acquisition of property from person, State,
5or local agency.
6    Section 2-40. Federal money.
7    Section 2-45. Insurance.
8    Section 2-50. Borrowing; revenue bonds; suits to compel
9performance.
10    Section 2-55. Bonds; nature of indebtedness.
11    Section 2-60. Investment in bonds.
12    Section 2-75. Board members; financial matters; conflict
13of interest.
14    Section 2-80. Board members' oath.
15    Section 2-97. Board meetings; public records.
16    Section 2-100. Secretary; treasurer.
17    Section 2-105. Funds.
18    Section 2-110. Signatures on checks or drafts.
19    Section 2-115. General manager; other appointments.
20    Section 2-122. Rules and regulations; penalties.
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.)
 

 

 

10400HB5391ham001- 242 -LRB104 18487 RTM 35239 a

1    (70 ILCS 200/100-55)
2    Sec. 100-55. 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 2-17. Duties; auditorium and other buildings.
8    Section 2-21. Rights and powers.
9    Section 2-25. Incurring obligations.
10    Section 2-30. Prompt payment.
11    Section 2-36. Acquisition of property from person or
12governmental agency.
13    Section 2-40. Federal money.
14    Section 2-45. Insurance.
15    Section 2-75. Board members; financial matters; conflict
16of 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.

 

 

10400HB5391ham001- 243 -LRB104 18487 RTM 35239 a

1    Section 2-110. Signatures on checks or drafts.
2    Section 2-115. General manager; other appointments.
3    Section 2-120. Ordinances, rules, and regulations; fines
4and penalties.
5    Section 2-127. Contracts; award to other than highest or
6lowest bidder by four-fifths vote.
7    Section 2-130. Bids and advertisements.
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 200/110-35)
14    Sec. 110-35. Standard civic center provisions incorporated
15by reference. The following Sections of this Code are
16incorporated by reference into this Article:
17    Section 2-3. Purpose.
18    Section 2-5. Definitions.
19    Section 2-10. Lawsuits; common seal.
20    Section 2-15. Duties; auditorium, recreational, and other
21buildings; lease of space.
22    Section 2-20. Rights and powers, including eminent domain.
23    Section 2-25. Incurring obligations.
24    Section 2-30. Prompt payment.
25    Section 2-35. Acquisition of property from person, State,

 

 

10400HB5391ham001- 244 -LRB104 18487 RTM 35239 a

1or local agency.
2    Section 2-40. Federal money.
3    Section 2-45. Insurance.
4    Section 2-50. Borrowing; revenue bonds; suits to compel
5performance.
6    Section 2-55. Bonds; nature of indebtedness.
7    Section 2-60. Investment in bonds.
8    Section 2-75. Board members; financial matters; conflict
9of interest.
10    Section 2-80. Board members' oath.
11    Section 2-85. Board members; vacancy in office.
12    Section 2-90. Organization of the Board.
13    Section 2-95. Meetings; action by 5 Board members.
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 2-125. Contracts; award to other than highest or
20lowest bidder by vote of 5 Board members.
21    Section 2-130. Bids and advertisements.
22    Section 2-132. Bidders; civil action to compel compliance.
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.

 

 

10400HB5391ham001- 245 -LRB104 18487 RTM 35239 a

1(Source: P.A. 90-328, eff. 1-1-98.)
 
2    (70 ILCS 200/125-50)
3    Sec. 125-50. 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

 

 

10400HB5391ham001- 246 -LRB104 18487 RTM 35239 a

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 200/155-65)
15    Sec. 155-65. 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 2-25. Incurring obligations.
22    Section 2-30. Prompt payment.
23    Section 2-40. Federal money.
24    Section 2-45. Insurance.
25    Section 2-75. Board members; financial matters; conflict

 

 

10400HB5391ham001- 247 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 248 -LRB104 18487 RTM 35239 a

1    Section 2-36. Acquisition of property from person or
2governmental agency.
3    Section 2-40. Federal money.
4    Section 2-45. Insurance.
5    Section 2-51. Borrowing; revenue bonds; mandamus or other
6actions to compel performance.
7    Section 2-75. Board members; financial matters; conflict
8of interest.
9    Section 2-80. Board members' oath.
10    Section 2-83. Removal of Board member from office.
11    Section 2-85. Board members; vacancy in office.
12    Section 2-90. Organization of the Board.
13    Section 2-96. Meetings; action by 4 Board members.
14    Section 2-101. Secretary; treasurer; funds deposited in
15bank or savings and loan association.
16    Section 2-106. Funds; compliance with Public Funds
17Investment Act.
18    Section 2-110. Signatures on checks or drafts.
19    Section 2-115. General manager; other appointments.
20    Section 2-120. Ordinances, rules, and regulations; fines
21and penalties.
22    Section 2-127. Contracts; award to other than highest or
23lowest bidder by four-fifths vote.
24    Section 2-130. Bids and advertisements.
25    Section 2-135. Report and financial statement.
26    Section 2-140. State financial support.

 

 

10400HB5391ham001- 249 -LRB104 18487 RTM 35239 a

1    Section 2-145. Anti-trust laws.
2    Section 2-150. Tax exemption.
3(Source: P.A. 90-328, eff. 1-1-98.)
 
4    (70 ILCS 200/185-55)
5    Sec. 185-55. Standard civic center provisions incorporated
6by reference. The following Sections of this Code are
7incorporated by reference into this Article:
8    Section 2-5. Definitions.
9    Section 2-10. Lawsuits; common seal.
10    Section 2-16. Duties; auditorium and other buildings;
11lease of space.
12    Section 2-25. Incurring obligations.
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 2-60. Investment in bonds.
18    Section 2-76. Board members; financial matters;
19compensation for secretary or treasurer; conflict of interest.
20    Section 2-80. Board members' oath.
21    Section 2-83. Removal of Board member from office.
22    Section 2-85. Board members; vacancy in office.
23    Section 2-90. Organization of the Board.
24    Section 2-95. Meetings; action by 5 Board members.
25    Section 2-101. Secretary; treasurer; funds deposited in

 

 

10400HB5391ham001- 250 -LRB104 18487 RTM 35239 a

1bank or savings and loan association.
2    Section 2-106. Funds; compliance with Public Funds
3Investment Act.
4    Section 2-110. Signatures on checks or drafts.
5    Section 2-115. General manager; other appointments.
6    Section 2-120. Ordinances, rules, and regulations; fines
7and penalties.
8    Section 2-127. Contracts; award to other than highest or
9lowest bidder by four-fifths vote.
10    Section 2-130. Bids and advertisements.
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 200/190-55)
17    Sec. 190-55. 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 2-17. Duties; auditorium and other buildings.
23    Section 2-21. Rights and powers.
24    Section 2-25. Incurring obligations.
25    Section 2-30. Prompt payment.

 

 

10400HB5391ham001- 251 -LRB104 18487 RTM 35239 a

1    Section 2-36. Acquisition of property from person or
2governmental agency.
3    Section 2-40. Federal money.
4    Section 2-45. Insurance.
5    Section 2-51. Borrowing; revenue bonds; mandamus or other
6actions to compel performance.
7    Section 2-75. Board members; financial matters; conflict
8of interest.
9    Section 2-80. Board members' oath.
10    Section 2-83. Removal of Board member from office.
11    Section 2-85. Board members; vacancy in office.
12    Section 2-90. Organization of the Board.
13    Section 2-96. Meetings; action by 4 Board members.
14    Section 2-101. Secretary; treasurer; funds deposited in
15bank or savings and loan association.
16    Section 2-106. Funds; compliance with Public Funds
17Investment Act.
18    Section 2-110. Signatures on checks or drafts.
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.

 

 

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1    Section 2-150. Tax exemption.
2(Source: P.A. 90-328, eff. 1-1-98.)
 
3    (70 ILCS 200/195-35)
4    Sec. 195-35. Standard civic center provisions incorporated
5by reference. The following Sections of this Code are
6incorporated by reference into this Article:
7    Section 2-3. Purpose.
8    Section 2-5. Definitions.
9    Section 2-10. Lawsuits; common seal.
10    Section 2-15. Duties; auditorium, recreational, and other
11buildings; lease of space.
12    Section 2-20. Rights and powers, including eminent domain.
13    Section 2-25. Incurring obligations.
14    Section 2-30. Prompt payment.
15    Section 2-35. Acquisition of property from person, State,
16or local agency.
17    Section 2-40. Federal money.
18    Section 2-45. Insurance.
19    Section 2-50. Borrowing; revenue bonds; suits to compel
20performance.
21    Section 2-55. Bonds; nature of indebtedness.
22    Section 2-60. Investment in bonds.
23    Section 2-75. Board members; financial matters; conflict
24of interest.
25    Section 2-80. Board members' oath.

 

 

10400HB5391ham001- 253 -LRB104 18487 RTM 35239 a

1    Section 2-85. Board members; vacancy in office.
2    Section 2-90. Organization of the Board.
3    Section 2-95. Meetings; action by 5 Board members.
4    Section 2-100. Secretary; treasurer.
5    Section 2-105. Funds.
6    Section 2-110. Signatures on checks or drafts.
7    Section 2-115. General manager; other appointments.
8    Section 2-122. Rules and regulations; penalties.
9    Section 2-125. Contracts; award to other than highest or
10lowest bidder by vote of 5 Board members.
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 200/200-65)
19    Sec. 200-65. 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 2-16. Duties; auditorium and other buildings;
25lease of space.

 

 

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1    Section 2-25. Incurring obligations.
2    Section 2-30. Prompt payment.
3    Section 2-35. Acquisition of property from person, State,
4or local agency.
5    Section 2-40. Federal money.
6    Section 2-45. Insurance.
7    Section 2-50. Borrowing; revenue bonds; suits to compel
8performance.
9    Section 2-60. Investment in bonds.
10    Section 2-76. Board members; financial matters;
11compensation for secretary or treasurer; conflict of interest.
12    Section 2-80. Board members' oath.
13    Section 2-83. Removal of Board member from office.
14    Section 2-85. Board members; vacancy in office.
15    Section 2-90. Organization of the Board.
16    Section 2-100. Secretary; treasurer.
17    Section 2-105. Funds.
18    Section 2-110. Signatures on checks or drafts.
19    Section 2-115. General manager; other appointments.
20    Section 2-120. Ordinances, rules, and regulations; fines
21and penalties.
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.

 

 

10400HB5391ham001- 255 -LRB104 18487 RTM 35239 a

1(Source: P.A. 90-328, eff. 1-1-98.)
 
2    (70 ILCS 200/205-105)
3    Sec. 205-105. Standard civic center provisions
4incorporated by reference. The following Sections of this Code
5are incorporated by reference into this Article:
6    Section 2-5. Definitions.
7    Section 2-10. Lawsuits; common seal.
8    Section 2-45. Insurance.
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 200/250-40)
15    Sec. 250-40. 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 2-36. Acquisition of property from person or
24governmental agency.

 

 

10400HB5391ham001- 256 -LRB104 18487 RTM 35239 a

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.

 

 

10400HB5391ham001- 257 -LRB104 18487 RTM 35239 a

1(Source: P.A. 90-328, eff. 1-1-98.)
 
2    (70 ILCS 200/255-130)
3    Sec. 255-130. Standard civic center provisions
4incorporated by reference. The following Sections of this Code
5are incorporated by reference into this Article:
6    Section 2-5. Definitions.
7    Section 2-10. Lawsuits; common seal.
8    Section 2-25. Incurring obligations.
9    Section 2-30. Prompt payment.
10    Section 2-35. Acquisition of property from person, State,
11or local agency.
12    Section 2-45. Insurance.
13    Section 2-60. Investment in bonds.
14    Section 2-76. Board members; financial matters;
15compensation for secretary or treasurer; conflict of interest.
16    Section 2-101. Secretary; treasurer; funds deposited in
17bank or savings and loan association.
18    Section 2-110. Signatures on checks or drafts.
19    Section 2-115. General manager; other appointments.
20    Section 2-120. Ordinances, rules, and regulations; fines
21and penalties.
22    Section 2-128. Contracts; award to other than highest or
23lowest bidder by three-fourths vote.
24    Section 2-130. Bids and advertisements.
25    Section 2-135. Report and financial statement.

 

 

10400HB5391ham001- 258 -LRB104 18487 RTM 35239 a

1    Section 2-140. State financial support.
2    Section 2-145. Anti-trust laws.
3    Section 2-150. Tax exemption.
4    Section 2-155. Partial invalidity.
5(Source: P.A. 90-328, eff. 1-1-98.)
 
6    (70 ILCS 200/280-90)
7    Sec. 280-90. Standard civic center provisions incorporated
8by reference. The following Sections of this Code are
9incorporated by reference into this Article:
10    Section 2-3. Purpose.
11    Section 2-5. Definitions.
12    Section 2-10. Lawsuits; common seal.
13    Section 2-25. Incurring obligations.
14    Section 2-30. Prompt payment.
15    Section 2-35. Acquisition of property from person, State,
16or local agency.
17    Section 2-45. Insurance.
18    Section 2-60. Investment in bonds.
19    Section 2-76. Board members; financial matters;
20compensation for secretary or treasurer; conflict of interest.
21    Section 2-80. Board members' oath.
22    Section 2-101. Secretary; treasurer; funds deposited in
23bank or savings and loan association.
24    Section 2-110. Signatures on checks or drafts.
25    Section 2-115. General manager; other appointments.

 

 

10400HB5391ham001- 259 -LRB104 18487 RTM 35239 a

1    Section 2-120. Ordinances, rules, and regulations; fines
2and penalties.
3    Section 2-130. Bids and advertisements.
4    Section 2-132. Bidders; civil action to compel compliance.
5    Section 2-135. Report and financial statement.
6    Section 2-140. State financial support.
7    Section 2-145. Anti-trust laws.
8    Section 2-150. Tax exemption.
9(Source: P.A. 90-328, eff. 1-1-98.)
 
10    (70 ILCS 200/15-35 rep.)
11    (70 ILCS 200/20-65 rep.)
12    (70 ILCS 200/30-30 rep.)
13    (70 ILCS 200/50-30 rep.)
14    (70 ILCS 200/55-55 rep.)
15    (70 ILCS 200/100-50 rep.)
16    (70 ILCS 200/110-30 rep.)
17    (70 ILCS 200/125-45 rep.)
18    (70 ILCS 200/155-60 rep.)
19    (70 ILCS 200/175-25 rep.)
20    (70 ILCS 200/185-50 rep.)
21    (70 ILCS 200/190-50 rep.)
22    (70 ILCS 200/195-30 rep.)
23    (70 ILCS 200/200-60 rep.)
24    (70 ILCS 200/205-85 rep.)
25    (70 ILCS 200/250-35 rep.)

 

 

10400HB5391ham001- 260 -LRB104 18487 RTM 35239 a

1    (70 ILCS 200/255-110 rep.)
2    (70 ILCS 200/280-85 rep.)
3    Section 900-70. The Civic Center Code is amended by
4repealing Sections 15-35, 20-65, 30-30, 50-30, 55-55, 100-50,
5110-30, 125-45, 155-60, 175-25, 185-50, 190-50, 195-30,
6200-60, 205-85, 250-35, 255-110, and 280-85.
 
7    Section 900-75. The Metropolitan Pier and Exposition
8Authority Act is amended by changing Section 26 as follows:
 
9    (70 ILCS 210/26)  (from Ch. 85, par. 1246)
10    Sec. 26. Government Reporting Enhancement and Transparency
11Act.
12    (a) For fiscal years ending before January 1, 2028, as As
13soon after the end of each fiscal year as may be expedient, the
14Board shall cause to be prepared and printed a complete and
15detailed report and financial statement of its operations and
16of its assets and liabilities. A reasonably sufficient number
17of copies of such report shall be printed for distribution to
18persons interested, upon request, and a copy thereof shall be
19filed with the Governor, the Mayor, the General Assembly and
20the Park District President. Within 6 months after the
21effective date of this amendatory Act of 1985, or as soon
22thereafter as is possible, the Authority shall adopt an
23accounting system which shall not be implemented until it has
24been approved by the Auditor General as appropriate for the

 

 

10400HB5391ham001- 261 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 262 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 263 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 264 -LRB104 18487 RTM 35239 a

1board for the transaction of business if the district has 5
2trustees. If the district has 7 trustees, 4 trustees shall
3constitute a quorum of the board for the transaction of
4business. The board shall hold regular monthly meetings.
5Special meetings may be called by the president and shall be
6called on the request of a majority of members, as may be
7required.
8    (b) The board shall provide for the proper and safe
9keeping of its permanent records and for the recording of the
10corporate action of the district. It shall keep a proper
11system of accounts showing a true and accurate record of its
12receipts and disbursements, and it shall cause an annual audit
13to be made of its books, records, and accounts for fiscal years
14ending before January 1, 2028.
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    (d) The records of the district shall be subject to public
21inspection at all reasonable hours and under regulations as
22the board may prescribe.
23    (e) The district shall annually make a full and complete
24report to the county board of each county within the district
25and to the Department of Natural Resources of its transactions
26and operations for the preceding year. The report shall

 

 

10400HB5391ham001- 265 -LRB104 18487 RTM 35239 a

1contain a full statement of its receipts, disbursements, and
2the program of work for the period covered, and may include
3recommendations as may be deemed advisable.
4    (f) Executive or ministerial duties may be delegated to
5one or more trustees or to an authorized officer, employee,
6agent, attorney, or other representative of the district.
7    (g) All officers and employees authorized to receive or
8retain the custody of money or to sign vouchers, checks,
9warrants, or evidences of indebtedness binding upon the
10district shall furnish surety bond for the faithful
11performance of their duties and the faithful accounting for
12all moneys that may come into their hands in an amount to be
13fixed and in a form to be approved by the board.
14    (h) All contracts for supplies, material, or work
15involving an expenditure in excess of $60,000 for supplies or
16materials and $30,000 for work, or a lower amount for any
17contract for supplies, material, or work if required by board
18policy, shall be let to the lowest responsible bidder, after
19due advertisement, excepting work requiring personal
20confidence or necessary supplies under the control of
21monopolies, where competitive bidding is impossible, or as
22otherwise provided in the Forest Preserve District and
23Conservation District Design-Build Authorization Act. All
24contracts for supplies, material, or work shall be signed by
25the president of the board and by any other officer as the
26board in its discretion may designate.

 

 

10400HB5391ham001- 266 -LRB104 18487 RTM 35239 a

1(Source: P.A. 104-114, eff. 8-1-25.)
 
2    (70 ILCS 410/15.6)  (from Ch. 96 1/2, par. 7122)
3    Sec. 15.6. Revenue and audits.
4    (a) All revenue derived from the operation of such
5facility or facilities constructed, equipped, extended or
6improved in whole or in part with the proceeds of any bonds
7issued under Sections 15.2 through 15.9 of this Act for the
8construction, equipping, extension, or improvement of such
9facility or facilities shall be deposited in a separate fund.
10Each fund shall be used only for paying the cost of operation
11and maintenance of the recreational facility or facilities or
12any combination thereof constructed, equipped, extended or
13improved in whole or in part with the proceeds of such bonds so
14issued for such facility or facilities, and for paying the
15principal of and interest on the bonds so issued and creating
16the accounts provided for by the ordinance authorizing their
17issuance.
18    (b) The district shall install and maintain a proper
19system of account for each fund, showing the amount received
20and disbursed from the operation of such facility or
21facilities.
22    (c) For fiscal years ending before January 1, 2028, at At
23least once each year the district shall have such accounts for
24bonds properly audited, and the report of this audit shall be
25open to the public for inspection at all times.

 

 

10400HB5391ham001- 267 -LRB104 18487 RTM 35239 a

1    (d) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the Board shall be
4subject to the Government Reporting Enhancement and
5Transparency Act.
6(Source: P.A. 77-1330.)
 
7    Section 900-90. The Illinois Drainage Code is amended by
8changing Section 4-32 and by adding Section 4-50 as follows:
 
9    (70 ILCS 605/4-32)  (from Ch. 42, par. 4-32)
10    Sec. 4-32. Financial Reports of Commissioners. On or
11before the last day of November in each year, and more often if
12the court so requires, the commissioners shall make a report,
13under oath, to the court, showing the amount of money
14collected by the district since the last preceding report and
15the manner in which the funds of the district at the beginning
16and the end of the period reported have been expended during
17that period. Such report shall also contain an itemized
18statement of the notes, bonds and orders, if any, outstanding
19and unpaid at the close of the report period and the balance on
20hand in the treasury of the district. Upon the filing of the
21report with the clerk of the court, the same shall be presented
22to the court, and the clerk of the court shall give notice of
23the date on or before which objections must be filed by
24publishing a notice thereof in a newspaper of general

 

 

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1circulation in the county in which the district was organized.
2Any owner of land within the district may file an objection to
3the report with the clerk of the court within 10 days after the
4publication of the notice. If any objections are filed within
5the time prescribed, the court shall set a hearing at a time
6not later than 4 weeks after the date of the filing of the
7report. If no objection to the report is filed, the court may
8approve the report without a hearing. At a hearing on the
9report the court shall hear evidence on any and all objections
10which may be urged against the report and evidence in support
11thereof and may continue the hearing to a day certain or from
12time to time. At the conclusion of a hearing, the court may
13approve the report, disapprove the report or order the report
14modified or amended. Upon the approval of a report, the same
15shall be recorded in the drainage record. Copies of any the
16financial reports covering any portion of the period since the
17last annual meeting of the district report shall be available
18at the annual meeting of the district under Section 4-12 of
19this Code.
20(Source: P.A. 86-129; 86-297; 86-1028.)
 
21    (70 ILCS 605/4-50 new)
22    Sec. 4-50. Government Reporting Enhancement and
23Transparency Act.
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 the district shall be
2subject to the Governmental Account Audit Act.
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    Section 900-95. The Fire Protection District Act is
9amended by changing Sections 6.1, 11a, and 11i as follows:
 
10    (70 ILCS 705/6.1)  (from Ch. 127 1/2, par. 26.1)
11    Sec. 6.1. Government Reporting Enhancement and
12Transparency Act.
13    (a) For fiscal years ending before January 1, 2028, when
14When an audit is required under the Governmental Account Audit
15Act, the trustees of the Fire Protection District created
16under this Act shall employ a person licensed to practice
17public accounting under the laws of this State to annually
18audit the district's financial statements of all accounts,
19funds, and other moneys in the care, custody, or control of the
20trustees. The audit shall be conducted in accordance with
21Generally Accepted Auditing Standards and in accordance with
22the Governmental Account Audit Act. A fire protection district
23receiving revenues of less than $850,000 for the fiscal year
24shall prepare the financial report required by Section 3 of

 

 

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1the Governmental Account Audit Act. In addition to any other
2filing requirements, the audit report or financial report
3shall be filed with the county clerk of the county in which the
4Fire Protection District was organized as a public record and
5a copy thereof shall be filed with the secretary of the
6district as part of its corporate records.
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 a fire protection
10district created under this Act shall be subject to the
11Government Reporting Enhancement and Transparency Act.
12(Source: P.A. 93-126, eff. 1-1-04.)
 
13    (70 ILCS 705/11a)  (from Ch. 127 1/2, par. 31a)
14    Sec. 11a. (a) The Board of Trustees of any fire protection
15district organized hereunder may contract with any corporation
16organized to furnish fire protection service or with any
17association organized to furnish fire protection service or
18with any city, village, incorporated town, or organized fire
19protection district lying adjacent to such district for fire
20protection service to be furnished by such corporation or such
21association or such municipality or fire protection district
22for the property within such district or to be furnished by
23such district for the property within such municipality. The
24board of trustees may also contract for the installation,
25rental or use of fire hydrants within the fire protection

 

 

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

 

 

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1within a fund. A copy of the providing organization audit
2report shall be furnished to the purchasing Fire Protection
3District within 6 months after the close of the fiscal year of
4the organization providing the fire protection services.
5Within 15 days after the first meeting of the board of
6directors or trustees of the organization providing the fire
7protection services that occurs after receiving the audit
8report, the organization providing the fire protection
9services shall publish excerpts from the audit report that
10relate to fire protection service operations in accordance
11with Section 7 of this Act. When fire protection services are
12rendered in more than one geographic area, publication or
13distribution should be made in each geographic area served.
14(Source: P.A. 86-216; 86-1023.)
 
15    (70 ILCS 705/11i)
16    Sec. 11i. Department foreign fire insurance board.
17    (a) A department foreign fire insurance board shall exist
18within the fire department of each fire protection district
19that has an organized fire department, employs full-time
20firefighters, and is subject to a collective bargaining
21agreement.
22    (b) The board shall consist of 7 trustees; the fire chief,
23who shall hold office by virtue of rank, and 6 members, who
24shall be elected at large by the sworn members of the
25department. If there are an insufficient number of candidates

 

 

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1to fill all these positions, the number of board members may be
2reduced, but not to fewer than 3 trustees. All sworn members of
3the department shall be eligible to vote for and be elected as
4officers of the board.
5    (c) The members of the board shall annually elect
6officers. These officers shall be a chairman and a treasurer.
7    (d) The trustees of the board shall make rules with
8respect to the board and the management of the money to be
9appropriated to the board.
10    (e) The treasurer of the board shall give a sufficient
11bond to the board of trustees of the fire protection district,
12conditioned upon the faithful performance by the treasurer of
13his or her duties under this Section. This bond must be
14approved by the board of trustees of the fire protection
15district.
16    (f) The officers of the department foreign fire insurance
17board shall develop and maintain a listing of those items that
18the board feels are appropriate expenditures under this
19Section. The officers shall make rules concerning the board
20and the management of the money appropriated to the board.
21    (g) All of the money paid to the secretary of the fire
22protection district under Section 11-10-1 of the Illinois
23Municipal Code (65 ILCS 5/11-10-1) shall be set apart and
24shall be appropriated annually by the board of trustees of the
25fire protection district to the department foreign fire
26insurance board.

 

 

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

 

 

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1standards issued by the American Institute of Certified Public
2Accountants (AICPA) for field work and reporting, generally
3accepted government auditing standards (GAGAS) and AICPA
4Statements on Auditing Standards (SAS) current at the time the
5audit is commenced. The audit shall be made publicly available
6and sent to the county board chairman of the county in which
7the district is situated and to the Illinois Secretary of
8State.
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 District created
12under this Act shall be subject to the Government Reporting
13Enhancement and Transparency Act.
14(Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)
 
15    Section 900-105. The Beardstown Regional Flood Prevention
16District Act is amended by changing Section 30 as follows:
 
17    (70 ILCS 755/30)
18    Sec. 30. Financial audit of the district.
19    (a) For fiscal years ending before January 1, 2028, a A
20financial audit of the district shall be conducted annually by
21a certified public accountant (CPA) that is licensed at the
22time of the audit by the Illinois Department of Financial and
23Professional Regulation. The CPA shall meet all of the general
24standards concerning qualifications, independence, due

 

 

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1professional care, and quality control as required by the
2Government Auditing Standards, 1994 Revision, Chapter 3,
3including the requirements for continuing professional
4education and external peer review. The financial audit is to
5be performed in accordance with generally accepted auditing
6standards issued by the American Institute of Certified Public
7Accountants (AICPA) for field work and reporting, generally
8accepted government auditing standards (GAGAS), and AICPA
9Statements on Auditing Standards (SAS) current at the time the
10audit is commenced. The audit shall be made publicly available
11and sent to the county board chairperson and to the Secretary
12of State.
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 District created
16under this Act shall be subject to the Government Reporting
17Enhancement and Transparency Act.
18(Source: P.A. 97-309, eff. 8-11-11.)
 
19    Section 900-110. The Downstate Forest Preserve District
20Act is amended by changing Sections 13.3, 13.7, and 18.5 as
21follows:
 
22    (70 ILCS 805/13.3)  (from Ch. 96 1/2, par. 6326)
23    Sec. 13.3. (a) The board of each forest preserve district
24organized under this Act shall fix a fiscal year for the

 

 

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

 

 

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1    (e) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of any conservancy
4district organized under this Act created under this Act shall
5be subject to the Government Reporting Enhancement and
6Transparency Act.
7(Source: P.A. 85-1165.)
 
8    (70 ILCS 805/13.7)
9    Sec. 13.7. Endowment Fund.
10    (a) Each forest preserve district may create, maintain,
11and increase a separate fund to be known as the "Endowment
12Fund" to pay all costs and expenses incurred or anticipated by
13the forest preserve district for the long-term maintenance and
14improvement of forest preserve facilities and lands, and for
15the future purchase of real property. Only one "Endowment
16Fund" may be created by a forest preserve district, but the
17fund may provide for the collection, maintenance, investment,
18and expenditure of monies for more than one purpose. All
19revenues deposited in the Endowment Fund shall be designated
20by purpose and appropriated and expended for the purpose for
21which it was designated. No appropriation in the Endowment
22Fund shall lapse, and the monies received and designated for a
23specific purpose shall not become part of the general funds of
24the district or considered an asset available for
25appropriation for another purpose in a subsequent year unless

 

 

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

 

 

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

 

 

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1fiscal year, adopt an annual appropriation ordinance, which
2shall appropriate sums of money required to defray all
3necessary expenses and liabilities of the district to be paid
4or incurred during that fiscal year. Transfers from one
5appropriation of any one fund to another of the same fund, not
6affecting the total amount appropriated, may be made at any
7meeting of the Board.
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 forest preserve
11district created under this Act shall be subject to the
12Government Reporting Enhancement and Transparency Act.
13(Source: P.A. 87-1191.)
 
14    (70 ILCS 810/35)  (from Ch. 96 1/2, par. 6438)
15    Sec. 35. All revenue derived from the operation of such
16facility or facilities constructed, equipped, acquired,
17extended or improved in whole or in part with the proceeds of
18any bonds issued under Sections 31 through 39 of this Act for
19the construction, equipping, acquisition, extension, or
20improvement of such facility or facilities shall be deposited
21in a separate fund. Each fund shall be used only for paying the
22cost of operation and maintenance of the recreational facility
23or facilities or any combination thereof constructed,
24equipped, acquired, extended or improved in whole or in part
25with the proceeds of such bonds so issued for such facility or

 

 

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1facilities, and for paying the principal of and interest on
2the bonds so issued and creating the accounts provided for by
3the ordinance authorizing their issuance.
4    Such forest preserve district shall install and maintain a
5proper system of account for each fund, showing the amount
6received and disbursed from the operation of such facility or
7facilities. For fiscal years ending before January 1, 2028, at
8At least once each year, such district shall have such
9accounts for bonds properly audited, and the report of this
10audit shall be open to the public for inspection at all times.
11(Source: P.A. 80-320.)
 
12    Section 900-120. The Public Health District Act is amended
13by changing Sections 15 and 18 and by adding Section 16 as
14follows:
 
15    (70 ILCS 905/15)  (from Ch. 111 1/2, par. 15)
16    Sec. 15. Each board of health shall:
17    1. Hold an annual meeting in April of each year, at which
18meeting officers shall be elected for the ensuing year;
19    2. Hold meetings at least quarterly;
20    3. Hold special meetings upon a written request signed by
212 members and filed with the Secretary;
22    4. Levy, annually, subject to Section 21 in addition to
23all other taxes which are now or hereafter may be authorized to
24be levied on the aggregate valuation of all property within

 

 

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

 

 

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

 

 

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

 

 

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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 public health
4district shall be subject to the Governmental Account Audit
5Act.
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 public health
9district shall be subject to the Government Reporting
10Enhancement and Transparency Act.
 
11    Section 900-125. The Hospital District Law is amended by
12changing Section 18 as follows:
 
13    (70 ILCS 910/18)  (from Ch. 23, par. 1268)
14    Sec. 18. Government Reporting Enhancement and Transparency
15Act.
16    (a) The Board shall provide for the proper and safe
17keeping of its permanent records and for the recording of the
18corporate action of the District. It shall keep a true and
19accurate account of its receipts and an annual audit shall be
20made of its books, records and accounts for fiscal years
21ending before January 1, 2028. All officers and employees
22authorized to receive or retain the custody of money or to sign
23vouchers, checks, warrants or evidences of indebtedness
24binding upon the District shall furnish surety bond for the

 

 

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1faithful performance of their duties and the faithful
2accounting for all moneys that may come into their hands in an
3amount to be fixed and in a form to be approved by the board.
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 the District shall be
7subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: Laws 1949, p. 361.)
 
10    Section 900-130. The Mosquito Abatement District Act is
11amended by adding Section 9.3 as follows:
 
12    (70 ILCS 1005/9.3 new)
13    Sec. 9.3. Government Reporting Enhancement and
14Transparency Act.
15    (a) For fiscal years ending before January 1, 2028,
16notwithstanding any other provision of law to the contrary,
17the operations and fiscal activities of each district shall be
18subject to the Governmental 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 each district shall be
22subject to the Government Reporting Enhancement and
23Transparency Act.
 

 

 

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1    Section 900-135. The Museum District Act is amended by
2changing Section 20 as follows:
 
3    (70 ILCS 1105/20)  (from Ch. 85, par. 6820)
4    Sec. 20. Fiscal year and appropriation ordinances.
5    (a) The board shall fix a fiscal year for the district. The
6board shall, within or before the first quarter of each fiscal
7year, adopt an annual appropriation ordinance appropriating
8the sums of money that will be required to defray all necessary
9expenses and liabilities of the district to be paid or
10incurred during the fiscal year.
11    (b) The failure of the board to adopt an annual
12appropriation ordinance or to otherwise comply with the
13provisions of this Section shall not affect the validity of
14any tax levy of the district. The annual appropriation
15ordinance for any fiscal year need not be intended or required
16to be in support of or in relation to any tax levy made during
17that fiscal year.
18    (c) A district that determines to change its fiscal year
19may adopt an appropriation ordinance for a transition period
20of more or less than 12 months as may be necessary to effect
21the change. Appropriations made for the transition period
22shall end with the close of the transition period.
23    (d) For fiscal years ending before January 1, 2028,
24notwithstanding any other provision of law to the contrary,
25the operations and fiscal activities of the district shall be

 

 

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

 

 

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1    Sec. 8-58. Government Reporting Enhancement and
2Transparency Act.
3    (a) For fiscal years ending before January 1, 2028,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of the River Valley
6Special Recreation Association shall be subject to the
7Governmental 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 the River Valley
11Special Recreation Association shall be subject to the
12Government Reporting Enhancement and Transparency Act.
 
13    (70 ILCS 1205/9-1d)  (from Ch. 105, par. 9-1d)
14    Sec. 9-1d. Each park district which issues bonds and
15constructs a swimming pool, or an artificial ice skating rink,
16under Section 9-1 hereof shall charge for the use thereof at a
17rate which at all times is sufficient to pay maintenance and
18operation cost, depreciation, and the principal and interest
19on the bonds. Such district may make, enact, and enforce all
20needful rules and regulations for the construction,
21acquisition, improvement, extension, management, maintenance,
22care and protection of its swimming pool, or its artificial
23ice skating rink, and for the use thereof. Charges or rates for
24the use of the swimming pool, or the artificial ice skating
25rink, shall be such as the board may from time to time

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of local government or from entering into any other agreement
2with any school district, municipality, or other unit of local
3government by which lease or other agreement such indoor or
4outdoor tennis courts, handball, racquetball, or squash
5courts, or zoos and facilities may be operated or used in whole
6or in part by or for such school district, municipality, or
7other unit of local government, where such lease or other
8agreement is not prohibited by the terms of such revenue bonds
9or the ordinance of the park district authorizing them and
10where the revenues of the park district derived from such
11lease or other agreement are deposited in the fund required by
12Section 9.2-4 of this Act in connection with such revenue
13bonds.
14    Such a park district shall install and maintain a proper
15system of accounts, showing the amount of revenue received
16from the operation of its tennis, handball, racquetball, or
17squash courts or zoo. For fiscal years ending before January
181, 2028, at At least once each year, the district shall have
19the accounts properly audited. A report of this audit shall be
20open for public inspection at all times.
21(Source: P.A. 79-1423.)
 
22    (70 ILCS 1205/9.3-5)  (from Ch. 105, par. 9.3-5)
23    Sec. 9.3-5. Each park district which issues bonds and
24acquires or constructs, extends or improves indoor or outdoor
25recreational facilities under the provisions of this Article

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10400HB5391ham001- 302 -LRB104 18487 RTM 35239 a

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

 

 

10400HB5391ham001- 303 -LRB104 18487 RTM 35239 a

1the operations and fiscal activities of the District shall be
2subject to the Government Reporting Enhancement and
3Transparency Act.
4(Source: Laws 1951, p. 256.)
 
5    Section 900-180. The Illinois Valley Regional Port
6District Act is amended by changing Section 43 as follows:
 
7    (70 ILCS 1815/43)  (from Ch. 19, par. 843)
8    Sec. 43. 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 the Port District
14operations and of its assets and liabilities. A reasonably
15sufficient number of copies of such report shall be printed
16for distribution to persons interested, upon request, and a
17copy thereof shall be filed with the Governor, and the county
18clerk of each county which is partially or wholly within the
19Port District. A copy of such report shall be addressed and
20mailed to the corporate authorities of each municipality
21within the Port 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

 

 

10400HB5391ham001- 304 -LRB104 18487 RTM 35239 a

1subject to the Government Reporting Enhancement and
2Transparency Act.
3(Source: P.A. 77-1799.)
 
4    Section 900-185. The Illinois Waterway Ports Commission
5Act is amended by adding Section 20 as follows:
 
6    (70 ILCS 1816/20 new)
7    Sec. 20. 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 the Commission shall
12be 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 the Commission shall
16be subject to the Government Reporting Enhancement and
17Transparency Act.
 
18    Section 900-190. The Jackson-Union Counties Regional Port
19District Act is amended by changing Section 25 as follows:
 
20    (70 ILCS 1820/25)  (from Ch. 19, par. 875)
21    Sec. 25. Government Reporting Enhancement and Transparency
22Act.

 

 

10400HB5391ham001- 305 -LRB104 18487 RTM 35239 a

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

 

 

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1Within 60 days after the end of each fiscal year, the Board
2shall cause to be prepared and printed a complete and detailed
3report and financial statement of the operations and assets
4and liabilities of the Port District. A reasonably sufficient
5number of copies of such report shall be printed for
6distribution to persons interested, upon request, and a copy
7thereof shall be filed with the Governor and the county clerk
8and the presiding officer of the county board of Will County. A
9copy of such report shall be addressed to and mailed to the
10Mayor and city council or president and board of trustees of
11each municipality within the area of the District.
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 Port District
15shall be subject to the Government Reporting Enhancement and
16Transparency Act.
17(Source: Laws 1957, p. 1302.)
 
18    Section 900-200. The Kaskaskia Regional Port District Act
19is amended by changing Section 44 as follows:
 
20    (70 ILCS 1830/44)  (from Ch. 19, par. 544)
21    Sec. 44. Government Reporting Enhancement and Transparency
22Act.
23    (a) For fiscal years ending before January 1, 2028, as As
24soon after the end of each fiscal year as may be expedient, the

 

 

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

 

 

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

 

 

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1interested, upon request, and a copy of the report shall be
2filed with the Governor and the county clerk of each county
3that is within the area of the district. A copy of the report
4shall be addressed to and mailed to the mayor and city council
5or president and board of trustees of each municipality within
6the area 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 District shall be
10subject to the Government Reporting Enhancement and
11Transparency Act.
12(Source: P.A. 90-636, eff. 7-24-98.)
 
13    Section 900-215. The Ottawa Port District Act is amended
14by changing Section 140 as follows:
 
15    (70 ILCS 1837/140)
16    Sec. 140. Report and financial statement.
17    (a) For fiscal years ending before January 1, 2028, within
18Within 60 days after the end of each fiscal year, the Board
19shall prepare and print a complete and detailed report and
20financial statement of the operations, assets, and liabilities
21of the District. 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, the county clerk, and the presiding

 

 

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1officer of the county board of LaSalle County. A copy of the
2report shall be mailed to the corporate authorities of each
3municipality located within the District.
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 the District shall be
7subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: P.A. 96-1522, eff. 2-14-11.)
 
10    Section 900-220. The Rock Island Regional Port District
11Act is amended by changing Section 110 as follows:
 
12    (70 ILCS 1842/110)
13    Sec. 110. Report and financial statement.
14    (a) For fiscal years ending before January 1, 2028, within
15Within 60 days after the end of a fiscal year, a participating
16municipality's city council shall have prepared by a certified
17public accountant a complete and detailed report and financial
18statement of the operations and assets and liabilities of the
19Port District within the municipality's corporate limits.
20Copies of the report shall be prepared for distribution to
21persons interested, upon request, and a copy of the report and
22financial statement shall be filed with the Governor and with
23the Rock Island County Clerk.
24    (b) 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. 103-242, eff. 1-1-24.)
 
6    Section 900-225. The Seneca Regional Port District Act is
7amended by changing Section 25 as follows:
 
8    (70 ILCS 1845/25)  (from Ch. 19, par. 375)
9    Sec. 25. Government Reporting Enhancement and Transparency
10Act.
11    (a) For fiscal years ending before January 1, 2028, within
12Within 60 days after the end of each fiscal year, the Board
13shall cause to be prepared and printed a complete and detailed
14report and financial statement of the operations and assets
15and liabilities of the Port District. A reasonably sufficient
16number of copies of such report shall be printed for
17distribution to persons interested, upon request, and a copy
18thereof shall be filed with the Governor and the county clerks
19and the presiding officer of the county boards of La Salle and
20Grundy counties. A copy of such report shall be addressed to
21and mailed to the corporate authorities of each municipality
22within the area of the District.
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 the District shall be
2subject to the Government Reporting Enhancement and
3Transparency Act.
4(Source: Laws 1961, p. 2957.)
 
5    Section 900-230. The Shawneetown Regional Port District
6Act is amended by changing Section 25 as follows:
 
7    (70 ILCS 1850/25)  (from Ch. 19, par. 425)
8    Sec. 25. Government Reporting Enhancement and Transparency
9Act.
10    (a) For fiscal years ending before January 1, 2028, within
11Within 60 days after the end of each fiscal year, the Board
12shall cause to be prepared and printed a complete and detailed
13report and financial statement of the operations and assets
14and liabilities of the Port District. A reasonably sufficient
15number of copies of such report shall be printed for
16distribution to persons interested, upon request, and a copy
17thereof shall be filed with the Governor and the county clerks
18and the presiding officer of the county boards of Gallatin and
19Hardin counties. A copy of such report shall be addressed to
20and mailed to the corporate authorities of each municipality
21within the 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

 

 

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

 

 

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1Transparency Act.
2(Source: P.A. 104-206, eff. 1-1-26.)
 
3    Section 900-240. The Upper Mississippi River International
4Port District Act is amended by changing Section 31 as
5follows:
 
6    (70 ILCS 1863/31)
7    Sec. 31. Financial statement.
8    (a) For fiscal years ending before January 1, 2028, within
9Within 60 days after the end of each fiscal year, the Board
10shall prepare and print a complete and detailed report and
11financial statement of the operations and assets and
12liabilities 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
15shall be filed with the Governor and the County Clerk and the
16County Board Chair of Jo Daviess and Carroll Counties.
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: P.A. 96-636, eff. 8-24-09.)
 
23    Section 900-245. The Waukegan Port District Act is amended

 

 

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

 

 

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1amended by adding Section 16 as follows:
 
2    (70 ILCS 2005/16 new)
3    Sec. 16. 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 emergency
8services district shall be subject to the Governmental Account
9Audit 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 each emergency
13services district shall be subject to the Government Reporting
14Enhancement and Transparency Act.
 
15    Section 900-255. The River Conservancy Districts Act is
16amended by adding Section 24.5 as follows:
 
17    (70 ILCS 2105/24.5 new)
18    Sec. 24.5. Government Reporting Enhancement and
19Transparency Act. For fiscal years beginning after December
2031, 2027, notwithstanding any other provision of law to the
21contrary, the operations and fiscal activities of any
22conservancy district organized under this Act created under
23this Act shall be subject to the Government Reporting

 

 

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1Enhancement and Transparency Act.
 
2    Section 900-260. The Sanitary District Act of 1907 is
3amended by changing Sections 26.1 and 27 as follows:
 
4    (70 ILCS 2205/26.1)  (from Ch. 42, par. 272.1)
5    Sec. 26.1. The board of trustees, its clerk and treasurer,
6prior to the 15th day of each month for fiscal years ending
7before January 1, 2028, shall submit to the circuit court in
8which such district was organized a verified statement showing
9for the preceding month a listing of all persons employed by
10the district and the total amount of money paid to each person
11for services performed for the district during the preceding
12month, including salary, wages, commissions, expenses or other
13emolument.
14(Source: P.A. 77-1299.)
 
15    (70 ILCS 2205/27)  (from Ch. 42, par. 273)
16    Sec. 27. Government Reporting Enhancement and Transparency
17Act.
18    (a) Said board, its clerk and treasurer, shall submit to
19the circuit court of the county in which said district is
20organized, annually for fiscal years ending before January 1,
212028, between the first and tenth days of April, or oftener, if
22required by said court, verified reports, showing all moneys
23received and the manner in which the same may have been

 

 

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

 

 

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

 

 

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

 

 

10400HB5391ham001- 321 -LRB104 18487 RTM 35239 a

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

 

 

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

 

 

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

 

 

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1fire, tornado, earthquake, storm, or other natural or man-made
2disaster, if the board of trustees determines in writing that
3the awarding of those contracts without competitive bidding is
4reasonably necessary for the sanitary district to maintain
5compliance with a permit issued under the National Pollution
6Discharge Elimination System (NPDES) or any successor system
7or with any outstanding order relating to that compliance
8issued by the United States Environmental Protection Agency,
9the Illinois Environmental Protection Agency, or the Illinois
10Pollution Control Board. The authority to issue contracts
11without competitive bidding pursuant to this paragraph expires
126 months after the date of the writing determining that the
13awarding of contracts without competitive bidding is
14reasonably necessary.
15    No Trustee shall be interested, directly or indirectly, in
16any contract, work or business of the municipality, or in the
17sale of any article, whenever the expense, price or
18consideration of the contract work, business or sale is paid
19either from the treasury or by any assessment levied by any
20Statute or Ordinance. No Trustee shall be interested, directly
21or indirectly, in the purchase of any property which (1)
22belongs to the municipality, or (2) is sold for taxes or
23assessments of the municipality, or (3) is sold by virtue of
24legal process in the suit of the municipality.
25    A contract for any work or other public improvement, to be
26paid for in whole or in part by special assessment or special

 

 

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

 

 

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1take into consideration the qualities and serviceability of
2the articles supplied, their conformity with specifications,
3their suitability to the requirements of the district, the
4availability of support services, the uniqueness of the
5service, materials, equipment, or supplies as it applies to
6network integrated computer systems, the compatibility of the
7service, materials, equipment or supplies with existing
8equipment, and the delivery terms. Contracts for services in
9excess of the mandatory competitive bid threshold may, subject
10to the provisions of this Section, be let by competitive
11bidding at the discretion of the district board of trustees.
12    Cash, a cashier's check, a certified check, or a bid bond
13with adequate surety approved by the board of trustees as a
14deposit of good faith, in a reasonable amount, but not in
15excess of 10% of the contract amount, may be required of each
16bidder by the district on all bids involving amounts in excess
17of the mandatory competitive bid threshold and, if so
18required, the advertisement for bids shall so specify.
19    All contracts for purchases or sales that will not exceed
20the mandatory competitive bid threshold may be made in the
21open market without publication in a newspaper as above
22provided, but whenever practical shall be based on at least 3
23competitive bids. For purposes of this Section, the "mandatory
24competitive bid threshold" is a dollar amount equal to 0.1% of
25the total general capital fixed assets of the district as
26reported in the most recent required audit report. In no

 

 

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

 

 

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1employees authorized to make purchases to the board of
2trustees of the sanitary district no later than 30 days after
3purchase. The full written account must be available for
4public inspection for at least one year after expenditures are
5made.
6    Contracts which by their nature are not adapted to award
7by competitive bidding, including, without limitation,
8contracts for the services of individuals, groups or firms
9possessing a high degree of professional skill where the
10ability or fitness of the individual or organization plays an
11important part, contracts for financial management services
12undertaken pursuant to "An Act relating to certain investments
13of public funds by public agencies", approved July 23, 1943,
14as now or hereafter amended, contracts for the purchase or
15sale of utilities, contracts for materials economically
16procurable only from a single source of supply, contracts for
17the use, purchase, delivery, movement, or installation of data
18processing equipment, software, or services and
19telecommunications and interconnect equipment, software, or
20services, contracts for duplicating machines and supplies,
21contracts for goods or services procured from another
22governmental agency, purchases of equipment previously owned
23by an entity other than the district itself, and leases of real
24property where the sanitary district is the lessee shall not
25be subject to the competitive bidding requirements of this
26Section.

 

 

10400HB5391ham001- 329 -LRB104 18487 RTM 35239 a

1    The competitive bidding requirements of this Section do
2not apply to contracts for construction of a facility or
3structure for the sanitary district when the facility or
4structure will be designed, built, and tested before being
5conveyed to the sanitary district.
6    The competitive bidding requirements of this Section do
7not apply to contracts, including contracts for both materials
8and services incidental thereto, for the repair or replacement
9of a sanitary district's treatment plant, sewers, equipment,
10or facilities damaged or destroyed as the result of a sudden or
11unexpected occurrence, including, but not limited to, a flood,
12fire, tornado, earthquake, storm, or other natural or man-made
13disaster, if the board of trustees determines in writing that
14the awarding of those contracts without competitive bidding is
15reasonably necessary for the sanitary district to maintain
16compliance with a permit issued under the National Pollution
17Discharge Elimination System (NPDES) or any successor system
18or with any outstanding order relating to that compliance
19issued by the United States Environmental Protection Agency,
20the Illinois Environmental Protection Agency, or the Illinois
21Pollution Control Board. The authority to issue contracts
22without competitive bidding pursuant to this paragraph expires
236 months after the date of the writing determining that the
24awarding of contracts without competitive bidding is
25reasonably necessary.
26    Where the board of trustees declares, by a 2/3 vote of all

 

 

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

 

 

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

 

 

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1bond shall be fixed and approved by the trustees.
2    All of the funds received as income from a waterworks
3purchased or constructed in whole or in part under the
4provisions of this Act, and all of the funds received from the
5sale of revenue bonds shall be kept separate and apart from the
6other funds of the district.
7(Source: Laws 1967, p. 950.)
 
8    (70 ILCS 2405/32 new)
9    Sec. 32. Government Reporting Enhancement and Transparency
10Act.
11    (a) For fiscal years ending before January 1, 2028,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of each sanitary district
14shall be subject to the Governmental Account Audit Act.
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 each sanitary district
18shall be subject to the Government Reporting Enhancement and
19Transparency Act.
 
20    Section 900-275. The Metropolitan Water Reclamation
21District Act is amended by changing Sections 5.12, 5.13, and
2211.3 as follows:
 
23    (70 ILCS 2605/5.12)  (from Ch. 42, par. 324v)

 

 

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

 

 

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1    (70 ILCS 2605/5.13)  (from Ch. 42, par. 324w)
2    Sec. 5.13. For fiscal years ending before January 1, 2028,
3the The clerk shall prepare on or before the first (1st) day of
4July of each year after the year 1943, an annual financial
5report which shall contain financial information required by
6generally accepted accounting principles (GAAP) for
7governments as promulgated and established by the Governmental
8Accounting Standards Board (GASB).
9    Copies of the annual financial report shall be made
10conveniently available in the office of the Sanitary District
11to the public and shall be issued to any person upon payment of
12a reasonable amount therefor. Nothing in this section shall be
13construed to mean that the annual financial report may not be
14combined with the annual audit report and the two published
15simultaneously as one report.
16(Source: P.A. 95-295, eff. 8-20-07.)
 
17    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)
18    Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
19all purchase orders or contracts involving amounts in excess
20of the mandatory competitive bid threshold and made by or on
21behalf of the sanitary district for labor, services or work,
22the purchase, lease or sale of personal property, materials,
23equipment or supplies, or the granting of any concession,
24shall be let by free and open competitive bidding after
25advertisement, to the lowest responsible bidder or to the

 

 

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

 

 

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

 

 

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1and procurement contracts.
2(Source: P.A. 103-865, eff. 1-1-25.)
 
3    Section 900-280. The Sanitary District Act of 1936 is
4amended by changing Sections 14, 26m, and 32n and by adding
5Section 94 as follows:
 
6    (70 ILCS 2805/14)  (from Ch. 42, par. 425)
7    Sec. 14. Except as otherwise provided in this Section, all
8contracts for purchases or sales by the sanitary district, 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 daily or weekly newspaper
14published in the district or, if there is no newspaper
15published in the district, in a newspaper published in the
16county and having general circulation in the district, and the
17board may reject any and all bids, and readvertise. Contracts
18for services in excess of the mandatory competitive bid
19threshold may, subject to the provisions of this Section, be
20let by competitive bidding at the discretion of the district
21board of trustees. All contracts for purchases or sales that
22will not exceed the mandatory competitive bid threshold may be
23made in the open market without publication in a newspaper as
24above provided, but whenever practical shall be based on at

 

 

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

 

 

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

 

 

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

 

 

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1the full written account of any such emergency along with a
2copy of the resolution or ordinance declaring the emergency,
3in accordance with requirements as may be provided by rule.
4(Source: P.A. 100-882, eff. 8-14-18.)
 
5    (70 ILCS 2805/26m)  (from Ch. 42, par. 437m)
6    Sec. 26m. Any district issuing revenue bonds under this
7Act for a drainage system 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 district 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, user, or any holder of bonds issued under this
14Act, or to anyone acting for and on behalf of the taxpayer,
15user, or bondholder. The treasurer of the district shall be
16custodian and ex-officio collector of the funds derived from
17income received from a drainage system purchased or
18constructed under the provisions of this Act. He shall give
19proper bond for the faithful discharge of his duties as such
20custodian, and this bond shall be fixed and approved by the
21trustees.
22    All of the funds received as income from a drainage system
23purchased or constructed in whole or in part under the
24provisions of this Act, and all of the funds received from the
25sale of revenue bonds shall be kept separate and apart from the

 

 

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1other funds of the district.
2(Source: Laws 1961, p. 3028.)
 
3    (70 ILCS 2805/32n)  (from Ch. 42, par. 443n)
4    Sec. 32n. Any district issuing revenue bonds under this
5Act shall install and maintain a proper system of accounts,
6showing the amount of revenue received and its application.
7For fiscal years ending before January 1, 2028, at At least
8once a year the district shall have the accounts properly
9audited by a competent auditor. The report of that audit shall
10be open for inspection at all proper times to any taxpayer,
11water-user, or any holder of bonds issued under this Article,
12or to anyone acting for and on behalf of the taxpayer,
13water-user, or bondholder. The treasurer of the district shall
14be custodian and ex-officio collector of the funds derived
15from income received from waterworks purchased or constructed
16under the provisions of this Act. He shall give proper bond for
17the faithful discharge of his duties as such custodian, and
18this bond shall be fixed and approved by the trustees.
19    All of the funds received as income from waterworks
20purchased or constructed in whole or in part under the
21provisions of this Act, and all of the funds received from the
22sale of revenue bonds shall be kept separate and apart from the
23other funds of the district.
24(Source: Laws 1945, p. 726.)
 

 

 

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1    (70 ILCS 2805/94 new)
2    Sec. 94. 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 sanitary district
7shall be subject 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 sanitary district
11shall be subject to the Government Reporting Enhancement and
12Transparency Act.
 
13    Section 900-285. The Metro-East Sanitary District Act of
141974 is amended by changing Section 4-2 and by adding Section
155-6 as follows:
 
16    (70 ILCS 2905/4-2)  (from Ch. 42, par. 504-2)
17    Sec. 4-2. The Executive Director shall be the chief
18executive and administrative officer of the district and shall
19be responsible to the board for the proper administration of
20all affairs of the district, including but not limited to, the
21board's compliance with subsection (b) of Section 3-3, and to
22that end he shall:
23    (1) Appoint and, when necessary for the good of the
24service, remove all officers and employees of the district,

 

 

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1except as otherwise provided in this Act, and except as he may
2authorize the head of a department or office to appoint
3subordinates in such department or office.
4    (2) Prepare the budget annually and submit it to the Board
5and be responsible for its administration after adoption.
6    (3) Prepare and submit to the board and the Department of
7Natural Resources, as of the end of the fiscal year, a complete
8report of the finances and administrative activities of the
9district and all subdistricts for the year, and submit any
10interim reports that the Department of Natural Resources
11requests. For fiscal years ending before January 1, 2028, the
12report to the board and the Department of Natural Resources
13shall include a complete report of the finances of the
14district and all subdistricts for the year.
15    (4) Keep the board advised of the financial condition of
16the district and all subdistricts and make recommendations
17concerning their future needs.
18    (5) Attend all meetings of the board and, in so far as
19possible, its committees.
20    (6) Enforce all district ordinances and see that all
21contracts are faithfully performed.
22    (7) Advise, assist, and cooperate in fostering the
23interest of institutions of learning and civic, professional,
24and employee organizations in the improvement of personnel
25standards and conditions in the district.
26    (8) Perform such other duties as may be prescribed by this

 

 

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1Act or required of him by the board, not inconsistent with this
2Act.
3(Source: P.A. 91-357, eff. 7-29-99.)
 
4    (70 ILCS 2905/5-6 new)
5    Sec. 5-6. Government Reporting Enhancement and
6Transparency Act.
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 a sanitary district
10organized under this Act shall be subject to the Governmental
11Account Audit Act.
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 a sanitary district
15organized under this Act shall be subject to the Government
16Reporting Enhancement and Transparency Act.
 
17    Section 900-290. The Sanitary District Revenue Bond Act is
18amended by changing Section 8 and by adding Section 23 as
19follows:
 
20    (70 ILCS 3010/8)  (from Ch. 42, par. 319.8)
21    Sec. 8. Every sanitary district which issues bonds under
22this Act shall install and maintain a proper system of
23accounts showing the amount of revenue received from the

 

 

10400HB5391ham001- 346 -LRB104 18487 RTM 35239 a

1sewerage system and the application of that revenue. For
2fiscal years ending before January 1, 2028, at At least once
3each year the sanitary district shall have the accounts
4properly audited. A report of that audit shall be open for
5inspection at all proper times to any taxpayer, sewerage
6system user, or the holder of any bond issued under this Act,
7or their respective representatives.
8(Source: Laws 1941, vol. 2, p. 435.)
 
9    (70 ILCS 3010/23 new)
10    Sec. 23. 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 sanitary district
15shall be subject 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 sanitary district
19shall be subject to the Government Reporting Enhancement and
20Transparency Act.
 
21    Section 900-293. The Eastern Will Sanitary District Act is
22amended by adding Section 25 as follows:
 
23    (70 ILCS 3020/25 new)

 

 

10400HB5391ham001- 347 -LRB104 18487 RTM 35239 a

1    Sec. 25. Government Reporting Enhancement and Transparency
2Act.
3    (a) For fiscal years ending before January 1, 2028,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of each sanitary district
6shall be subject to the Governmental Account Audit Act.
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 each sanitary district
10shall be subject to the Government Reporting Enhancement and
11Transparency Act.
 
12    Section 900-295. The Solid Waste Disposal District Act is
13amended by changing Section 10 and by adding Sections 26 and 30
14as follows:
 
15    (70 ILCS 3105/10)  (from Ch. 85, par. 1660)
16    Sec. 10. Within 60 days after their selection, the
17trustees shall organize by selecting from their members a
18president, secretary, treasurer and such other officers as are
19deemed necessary, who shall hold office for the fiscal year in
20which elected and until their successors are selected and
21qualify. Three trustees shall constitute a quorum of the board
22for the transaction of business. The board shall hold regular
23monthly meetings. Special meetings may be called by the
24president and shall be called on the request of a majority of

 

 

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

 

 

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1evidences of indebtedness binding upon the district shall
2furnish surety bond for the faithful performance of their
3duties and the faithful accounting for all moneys that may
4come into their hands in an amount to be fixed and in a form to
5be approved by the board.
6    All contracts for supplies, material or work involving an
7expenditure in excess of $1,500 shall be let to the lowest
8responsible bidder, after due advertisement except work
9requiring personal confidence or necessary supplies under the
10control of monopolies, where competitive bidding is
11impossible. All contracts for supplies, material or work shall
12be signed by the president of the board and by any such other
13office as the board in its discretion may designate.
14(Source: P.A. 80-689.)
 
15    (70 ILCS 3105/26 new)
16    Sec. 26. Government Reporting Enhancement and Transparency
17Act.
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
25subject to the Government Reporting Enhancement and

 

 

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

 

 

10400HB5391ham001- 351 -LRB104 18487 RTM 35239 a

1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of each district shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
 
5    Section 900-305. The Surface Water Protection District Act
6is amended by adding Section 30 as follows:
 
7    (70 ILCS 3405/30 new)
8    Sec. 30. 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 the River Valley
13Special Recreation Association shall be subject to the
14Governmental Account Audit Act.
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 River Valley
18Special Recreation Association shall be subject to the
19Government Reporting Enhancement and Transparency Act.
 
20    Section 900-310. The Metropolitan Transit Authority Act is
21amended by changing Section 35 as follows:
 
22    (70 ILCS 3605/35)  (from Ch. 111 2/3, par. 335)

 

 

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1    Sec. 35. Government Reporting Enhancement and Transparency
2Act.
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 Governor, the county clerk of Cook County and
11the clerk of each municipality which has adopted this Act, or
12which has granted rights to the Authority by ordinance. A copy
13of such report shall be addressed to and mailed to the Mayor
14and City Council or President and Board of Trustees of such
15municipality.
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 the Authority shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: P.A. 84-939.)
 
22    Section 900-315. The Local Mass Transit District Act is
23amended by changing Section 7 as follows:
 
24    (70 ILCS 3610/7)  (from Ch. 111 2/3, par. 357)

 

 

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

 

 

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

 

 

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1Board or which received financial grants or financial
2assistance from a Service Board, such results to be set forth
3separately for each such agency.
4    (d) A sufficient number of copies of each annual report
5shall be printed for distribution to anyone, upon request, and
6a copy thereof shall be filed with the Governor, the State
7Comptroller, the Speaker and Minority Leader of the Illinois
8House of Representatives, the President and Minority Leader of
9the Illinois Senate, the Mayor of the City of Chicago and the
10President or Chairman of the county board of each county in the
11metropolitan region, each Service Board, and with each
12transportation agency which during such year had a purchase of
13service agreement with a Service Board or which received
14financial grants or other financial assistance from a Service
15Board.
16(Source: P.A. 83-1362.)
 
17    (70 ILCS 3615/4.17 new)
18    Sec. 4.17. Government Reporting Enhancement and
19Transparency Act. For fiscal years beginning after December
2031, 2027, notwithstanding any other provision of law to the
21contrary, the operations and fiscal activities of each Service
22Board and the Authority shall be subject to the Government
23Reporting Enhancement and Transparency Act.
 
24    Section 900-325. The Public Water District Act is amended

 

 

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1by changing Section 14 as follows:
 
2    (70 ILCS 3705/14)  (from Ch. 111 2/3, par. 201)
3    Sec. 14. Government Reporting Enhancement and Transparency
4Act.
5    (a) It shall be the duty of the board of trustees to
6install and maintain a proper system of accounts showing
7receipts from operation and the application of the same, and
8the board shall at least once a year cause such accounts to be
9properly audited by a licensed Certified Public Accountant
10permitted to perform audits under the Illinois Public
11Accounting Act for fiscal years ending before January 1, 2028.
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 a water district shall
15be subject to the Government Reporting Enhancement and
16Transparency Act.
17(Source: P.A. 94-465, eff. 8-4-05.)
 
18    Section 900-330. The Water Service District Act is amended
19by adding Sections 14 as follows:
 
20    (70 ILCS 3710/14 new)
21    Sec. 14. Government Reporting Enhancement and Transparency
22Act.
23    (a) 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 each district shall be
3subject to the Governmental Account Audit Act.
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 district shall be
7subject to the Government Reporting Enhancement and
8Transparency Act.
 
9    Section 900-333. The Water Authorities Act is amended by
10adding Section 6d as follows:
 
11    (70 ILCS 3715/6d new)
12    Sec. 6d. Government Reporting Enhancement and Transparency
13Act.
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 each district shall be
17subject to the Governmental Account Audit Act.
18    (b) For fiscal years beginning after December 31, 2027,
19notwithstanding any other provision of law to the contrary,
20the operations and fiscal activities of each district shall be
21subject to the Government Reporting Enhancement and
22Transparency Act.
 
23    Section 900-335. The Water Commission Act of 1985 is

 

 

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

 

 

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

 

 

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

 

 

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1    auditor; and
2        (17) (blank).
3(Source: P.A. 104-328, eff. 1-1-26.)
 
4    (70 ILCS 3720/6 new)
5    Sec. 6. 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 each water commission
10shall be 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 each water commission
14shall be subject to the Government Reporting Enhancement and
15Transparency Act.
 
16    Section 900-340. The Illinois Local Library Act is amended
17by changing Section 4-10 as follows:
 
18    (75 ILCS 5/4-10)  (from Ch. 81, par. 4-10)
19    Sec. 4-10. Reports and audits.
20    (a) Within 60 days after the expiration of each fiscal
21year of the city, incorporated town, village or township, the
22board of trustees shall make a report of the condition of their
23trust on the last day of the fiscal year, to the city council,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Section 900-360. The Public Community College Act is
2amended by changing Sections 3-22.1, 3-22.2, and 7-24 as
3follows:
 
4    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
5    Sec. 3-22.1. Government Reporting Enhancement and
6Transparency Act.
7    (a) For fiscal years ending before January 1, 2028, the
8board shall To cause an audit to be made as of the end of each
9fiscal year by an accountant licensed to practice public
10accounting in Illinois and appointed by the board. The auditor
11shall perform his or her examination in accordance with
12generally accepted auditing standards and regulations
13prescribed by the State Board, and submit his or her report
14thereon in accordance with generally accepted accounting
15principles. The examination and report shall include a
16verification of student enrollments and any other bases upon
17which claims are filed with the State Board. The audit report
18shall include a statement of the scope and findings of the
19audit and a professional opinion signed by the auditor. If a
20professional opinion is denied by the auditor he or she shall
21set forth the reasons for that denial. The board shall not
22limit the scope of the examination to the extent that the
23effect of such limitation will result in the qualification of
24the auditor's professional opinion. The procedures for payment
25for the expenses of the audit shall be in accordance with

 

 

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1Section 9 of the Governmental Account Audit Act. Copies of the
2audit report shall be filed with the State Board in accordance
3with regulations prescribed by the State Board.
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 the Board shall be
7subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19.)
 
10    (110 ILCS 805/3-22.2)  (from Ch. 122, par. 103-22.2)
11    Sec. 3-22.2. For fiscal years ending before January 1,
122028, the board shall To publish annually a financial
13statement in accordance with rules and regulations issued by
14the State Board. Such statement shall be published at least
15once in a newspaper of general circulation in the community
16college district.
17(Source: P.A. 79-304.)
 
18    (110 ILCS 805/7-24)  (from Ch. 122, par. 107-24)
19    Sec. 7-24. Government Reporting Enhancement and
20Transparency Act.
21    (a) For fiscal years ending before January 1, 2028, the
22The board shall yearly, and may as often as necessary, appoint
23certified public accountants to examine the business methods
24and audit the accounts of the board, and to submit a report of

 

 

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1that examination and audit, together with any of their
2recommendations as to changes in business methods of the board
3or any of its departments, officers or employees. That report
4shall be made to the mayor, the city council, and the board and
5be filed in the records of the board. The board shall prepare,
6publish and transmit to the mayor and the city council an
7annual report including in detail all receipts and
8expenditures, specifying the source of the receipts and the
9objects of the expenditures.
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 Board shall be
13subject to the Government Reporting Enhancement and
14Transparency Act.
15(Source: P.A. 83-343.)
 
16    Section 900-365. The Housing Authorities Act is amended by
17changing Section 8.10 as follows:
 
18    (310 ILCS 10/8.10)  (from Ch. 67 1/2, par. 8.10)
19    Sec. 8.10. Government Reporting Enhancement and
20Transparency Act.
21    (a) For fiscal years ending before January 1, 2028, as As a
22part of its annual report, every Housing Authority shall
23present statements setting forth for each project of the
24Housing Authority a balance sheet, a classified statement of

 

 

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

 

 

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1operating accounts. The annual report of every Housing
2Authority shall also include the amount or amounts of service
3charge or charges paid or proffered to the County Collector or
4to the appropriate officer or officers, of any municipal
5corporation in lieu of normal real estate taxes, identified to
6show the year or years and project or projects for which
7payment was made or proffered. The requirements of this
8Section can be fulfilled by the filing of an annual certified
9audit conducted in accordance with federal Housing and Urban
10Development requirements with the presiding officers and
11legislative authorities of the city, village, incorporated
12town or county.
13    (b) For fiscal years ending before January 1, 2028, in In
14addition to all other information required herein, the Housing
15Authority in any municipality or county containing over
16500,000 inhabitants shall prepare and maintain a summary
17tabulation for each project for the period covered by the
18annual report showing the number of and size of individual
19housing accommodations; the number of units occupied by
20families in the various income groups; the total number of
21persons; the age group of the head of the household of
22move-ins; the number of persons comprising the household; the
23rent schedules for determining contract rents; and the number
24of workers per family moving in; the year of admission of
25families to public housing; the number of move-ins with the
26size of family; income groups of families moving in; size of

 

 

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1unit occupied by families moving in or out; and information as
2to family composition; and information as to number of
3families receiving public assistance or social security
4benefits. All information shall be a matter of public record
5and shall be made available by the Housing Authority, on
6request, at any reasonable time without fee or reward.
7    (c) For fiscal years beginning after December 31, 2027,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of the Housing Authority
10shall be subject to the Government Reporting Enhancement and
11Transparency Act.
12(Source: P.A. 87-200.)
 
13    Section 900-370. The Illinois Highway Code is amended by
14adding Section 6-145 as follows:
 
15    (605 ILCS 5/6-145 new)
16    Sec. 6-145. Government Reporting Enhancement and
17Transparency Act.
18    (a) For fiscal years beginning after December 31, 2027,
19notwithstanding any other provision of law to the contrary,
20the operations and fiscal activities of each township and road
21district comprised of a single township shall be combined and
22shall be subject to the Government Reporting Enhancement and
23Transparency Act.
24    (b) 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 each road district
3other than a road district comprised of a single township
4shall be subject to the Government Reporting Enhancement and
5Transparency Act.
 
6    Section 900-375. The Clerks of Courts Act is amended by
7changing Section 27.8 as follows:
 
8    (705 ILCS 105/27.8)
9    Sec. 27.8. Annual audit.
10    (a) Beginning with fiscal years ending in 1999 and until
11the fiscal year beginning before January 1, 2028 all fiscal
12years thereafter, in addition to any other audits required by
13law, the county board of each county shall cause an audit of
14the office of the circuit clerk to be made annually at the
15close of the county's fiscal year by a licensed public
16accountant. The county auditor and his or her staff may assist
17with the audit. The audit shall consist of a letter report that
18expresses an opinion on the financial statements of the
19circuit clerk, a letter report that expresses an opinion on
20internal controls of the circuit clerk, a letter report on the
21circuit clerk's compliance with applicable statutes, rules,
22and procedures relating to assessment, collection, and
23distribution of funds, including the timeliness of those
24actions, any documentation or statements necessary to support

 

 

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1the findings and opinions of the auditors, and any
2supplemental schedules or other documents required by the
3audit guidelines. A listing of applicable legal requirements
4shall be compiled by the Administrative Office of the Illinois
5Courts and made available to auditors for their compliance
6testing.
7    The county board may include additional requirements in
8the audit.
9    (b) The audits shall be completed in accordance with
10generally accepted government auditing standards and generally
11accepted auditing standards. The audit shall be completed
12within 6 months after the end of the fiscal year. The county
13board may grant an extension of up to 6 months for the
14completion of the audit.
15    (c) The expenses of conducting and filing the audit shall
16be paid by the county from the circuit clerk's appropriations,
17and the county board shall make provisions for the payment
18unless another person or entity agrees, in writing, to pay the
19expenses.
20    (d) The audit shall be filed with the Administrative
21Office of the Illinois Courts, the State Comptroller, the
22circuit clerk, and the county board within one month after the
23completion of the audit.
24    (e) The Administrative Office of the Illinois Courts shall
25disseminate auditing guidelines to the county boards and the
26circuit clerks. The Auditor General's Office shall update,

 

 

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1with the assistance of the Administrative Office of the
2Illinois Courts, the auditing guidelines as necessary from
3time to time. Revised guidelines shall be available to the
4Administrative Office of the Illinois Courts for dissemination
5to the county boards and the circuit clerks.
6    (f) The auditing requirements of this Section may be
7included in the audit required by Section 6-31003 of the
8Counties Code.
9    (g) This Section is intended to require a comprehensive
10audit of the circuit clerks and to eliminate duplicative
11audits of the circuit clerk. The audit performed under this
12Section shall be available, upon request, to the public.
13(Source: P.A. 90-350, eff. 1-1-98; 90-655, eff. 7-30-98.)
 
14
ARTICLE 999

 
15    Section 999-99. Effective date. This Act takes effect upon
16becoming law.".