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| 1 | | Accountants where a CPA firm performs specific procedures on |
| 2 | | financial or non-financial information and reports the CPA |
| 3 | | firm's findings without providing an opinion or conclusion. |
| 4 | | "Annual cash receipts from all external sources" means all |
| 5 | | cash received by a local government from sources outside of |
| 6 | | the local government itself without duplication. |
| 7 | | "Annual cash receipts from all external sources" includes, |
| 8 | | but 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 |
| 4 | | include 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 |
| 13 | | of Illinois. |
| 14 | | "Audit committee" means a subcommittee of the responsible |
| 15 | | officials of a local government responsible for overseeing |
| 16 | | financial reporting, monitoring internal controls, receiving |
| 17 | | and reviewing internal audit reports and reports prepared by |
| 18 | | an independent CPA firm, providing guidance on accounting, |
| 19 | | auditing, and financial reporting matters, and recommending |
| 20 | | the selection, retention, and compensation of the local |
| 21 | | government's independent CPA firm. |
| 22 | | "Cash basis of accounting" means a method of accounting |
| 23 | | under which revenues are recognized only when cash is received |
| 24 | | and expenses are recognized only when cash is paid, without |
| 25 | | regard to when the related income is earned or obligations are |
| 26 | | incurred. For an entity that qualifies as a government under |
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| 1 | | applicable guidance issued by the American Institute of |
| 2 | | Certified Public Accountants, the term means a method of |
| 3 | | accounting applied within the framework of funds recognized |
| 4 | | under GAAP promulgated by the Governmental Accounting |
| 5 | | Standards Board, under which assets, liabilities, deferred |
| 6 | | inflows of resources, and deferred outflows of resources that |
| 7 | | do not involve cash are not recorded, inflows of resources are |
| 8 | | recognized when cash is received by a fund, outflows of |
| 9 | | resources are recognized when cash is disbursed by a fund, and |
| 10 | | fund balances or net position categories reflect only |
| 11 | | available cash classified in accordance with categories |
| 12 | | prescribed by the Governmental Accounting Standards Board. |
| 13 | | "Comptroller" means the Comptroller of the State of |
| 14 | | Illinois. |
| 15 | | "Compliance examination" means an assertion-based |
| 16 | | examination engagement performed in accordance with |
| 17 | | attestation standards established by the American Institute of |
| 18 | | Certified Public Accountants where the objectives of a CPA |
| 19 | | firm 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 |
| 5 | | All Urban Consumers (CPI-U) published by the U.S. Bureau of |
| 6 | | Labor Statistics, or its successor index, used to adjust |
| 7 | | dollar amounts for inflation. |
| 8 | | "CPA" means a licensed certified public accountant. |
| 9 | | "CPA firm" means a sole proprietorship, corporation, |
| 10 | | registered limited liability partnership, professional limited |
| 11 | | liability company, partnership, professional service |
| 12 | | corporation, or any other form of organization issued a |
| 13 | | license in accordance with the Illinois Public Accounting Act |
| 14 | | or a CPA firm authorized to use the CPA firm title under |
| 15 | | Section 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 |
| 25 | | the body of accounting principles, standards, conventions, |
| 26 | | rules, and procedures that are authoritatively established and |
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| 1 | | generally accepted in the United States of America as of the |
| 2 | | relevant date. |
| 3 | | "Generally accepted auditing standards" or "GAAS" means |
| 4 | | the professional standards governing the conduct of financial |
| 5 | | statement audits in the United States of America, as |
| 6 | | authoritatively established and generally accepted from time |
| 7 | | to time by the Auditing Standards Board of the American |
| 8 | | Institute of Certified Public Accountants as of the relevant |
| 9 | | date. |
| 10 | | "Generally accepted government auditing standards" or |
| 11 | | "GAGAS" means the professional auditing standards applicable |
| 12 | | in the United States of America for audits of government |
| 13 | | organizations, government programs, activities, and functions, |
| 14 | | and for audits of entities that receive government awards, as |
| 15 | | authoritatively issued and maintained by the Comptroller |
| 16 | | General of the United States through the U.S. Government |
| 17 | | Accountability Office as of the relevant date. |
| 18 | | "Guidelines" means the guidelines developed, maintained, |
| 19 | | and published by the Comptroller under Section 15-25. |
| 20 | | "Independent elector" means an individual who is a |
| 21 | | qualified elector of the local government and who has no |
| 22 | | direct or indirect financial interest in, and no familial |
| 23 | | relationship with, any officer, employee, or vendor of the |
| 24 | | local government other than their service as an independent |
| 25 | | elector. For the purposes of this subsection, familial |
| 26 | | interest means any direct or indirect relationship by blood, |
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| 1 | | marriage, domestic partnership, or adoption between an |
| 2 | | individual participating in the audit selection process and |
| 3 | | any owner, partner, principal, or employee of a responding CPA |
| 4 | | firm, including, but not limited to, a spouse or domestic |
| 5 | | partner, parent, stepparent, child, stepchild, adopted child, |
| 6 | | sibling, stepsibling, half-sibling, grandparent, grandchild, |
| 7 | | or any relative residing in the same household. |
| 8 | | "Licensed certified public accountant" means a certified |
| 9 | | public accountant who holds a license issued by the Department |
| 10 | | of Financial and Professional Regulation or an individual |
| 11 | | authorized to use the CPA title under Section 5.2 of the |
| 12 | | Illinois Public Accounting Act. |
| 13 | | "Listing" means the listing of all local governments |
| 14 | | within the State that are currently seeking an independent CPA |
| 15 | | firm for auditing, attestation, or related professional |
| 16 | | accounting services established under Section 5-10. |
| 17 | | "Local government" means any general or special purpose |
| 18 | | political subdivision of the State of Illinois, except for |
| 19 | | school districts or an entity subject to mandatory annual or |
| 20 | | biennial post-audits which are required to be audited by or |
| 21 | | under the direction of the Auditor General. |
| 22 | | "Local Government Advisory Board" means the State |
| 23 | | Comptroller Local Government Advisory Board established under |
| 24 | | Section 22.1 of the State Comptroller Act. |
| 25 | | "Local Government Registry" means the local government |
| 26 | | registry administered by the Comptroller created under Section |
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| 1 | | 15-5. |
| 2 | | "Management" means the persons with the executive |
| 3 | | responsibility for the conduct of the local government's |
| 4 | | operations, which may include some or all of the Responsible |
| 5 | | Officials. |
| 6 | | "Request for qualifications" or "RFQ" means a solicitation |
| 7 | | issued by the responsible officials of a local government to |
| 8 | | identify CPA firms possessing the professional qualifications, |
| 9 | | experience, and capability to provide high-quality auditing, |
| 10 | | attestation, or related professional accounting services. |
| 11 | | "Responsible and responsive firm" means a CPA firm that |
| 12 | | meets all the requirements of the RFQ and demonstrates the |
| 13 | | ability to perform the required services satisfactorily. |
| 14 | | "Responsible officials" means the elected or appointed |
| 15 | | persons charged with governance and the responsibility for |
| 16 | | overseeing the strategic direction of the local government and |
| 17 | | the obligations related to the accountability of the local |
| 18 | | government. |
| 19 | | "Single audit" means an engagement performed in accordance |
| 20 | | with the audit requirements of Title 2 of the Code of Federal |
| 21 | | Regulations Part 200, Uniform Administrative Requirements, |
| 22 | | Cost Principles, and Audit Requirements for Federal Awards. |
| 23 | | "Statewide CPA organization" means a professional |
| 24 | | association organized and operating within the State whose |
| 25 | | membership consists primarily of CPAs, and which is designated |
| 26 | | by the Comptroller for purposes of professional consultation |
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| 1 | | regarding accounting, auditing and attestation engagements, |
| 2 | | financial reporting, and other related matters. |
| 3 | | "Statewide organization representing circuit clerks" means |
| 4 | | a professional association organized and operating within the |
| 5 | | State whose membership consists primarily of circuit clerks |
| 6 | | and is designated by the Comptroller for the purposes of |
| 7 | | professional consultation regarding the fiscal and |
| 8 | | administrative operations of circuit clerks. |
| 9 | | "Template" means the template for the applicable fiscal |
| 10 | | year created and published by the Comptroller under Section |
| 11 | | 15-10. |
| 12 | | Article 5. SELECTION, RETENTION, AND COMPENSATION OF A CPA |
| 13 | | FIRM |
| 14 | | Section 5-5. Purpose. The purpose of this Article is to |
| 15 | | establish a fair, transparent, and competitive process for the |
| 16 | | selection of a local government's independent CPA firm, |
| 17 | | ensuring the engagement team as a whole is qualified, |
| 18 | | competent, and capable of providing high-quality auditing, |
| 19 | | attestation, or related professional accounting services in |
| 20 | | accordance with applicable laws, regulations, and professional |
| 21 | | standards. |
| 22 | | Section 5-10. Posting requests for CPA firms. |
| 23 | | (a) The Comptroller shall maintain and publish on the |
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| 1 | | Comptroller's official website a publicly accessible, |
| 2 | | up-to-date listing of all local governments within the State |
| 3 | | that are currently seeking an independent CPA firm for |
| 4 | | auditing, attestation, or related professional accounting |
| 5 | | services. |
| 6 | | (b) The listing shall include, at a minimum, the name and |
| 7 | | contact information of the local government, the local |
| 8 | | government's RFQ, the deadline for the submission of responses |
| 9 | | to the local government's audit committee or responsible |
| 10 | | officials, and any other information deemed useful by the |
| 11 | | Comptroller. |
| 12 | | (c) The Comptroller shall provide guidance, technical |
| 13 | | assistance, and other resources to responsible officials to |
| 14 | | support the selection of a qualified independent CPA firm for |
| 15 | | auditing, attestation, or related professional accounting |
| 16 | | services at each local government. The assistance provided by |
| 17 | | the Comptroller may include, but is not limited to, (i) |
| 18 | | guidance on the preparation and posting of a RFQ, including a |
| 19 | | draft fillable RFQ, (ii) best practices for evaluating the |
| 20 | | qualifications, independence, and experience of prospective |
| 21 | | CPA firms, (iii) sample engagement agreements, contract terms, |
| 22 | | and compensation arrangements consistent with professional |
| 23 | | standards and State law, (iv) guides or checklists for |
| 24 | | documenting the selection process and rationale for CPA firm |
| 25 | | retention, and (v) technical advice on compliance with |
| 26 | | applicable professional auditing standards and ethical |
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| 1 | | requirements. |
| 2 | | (d) All guidance, checklists, and informational resources |
| 3 | | provided by the Comptroller shall be made publicly available |
| 4 | | on the Comptroller's official website to ensure transparency |
| 5 | | and facilitate ease of access by responsible officials. |
| 6 | | Section 5-15. Transition fiscal years. |
| 7 | | (a) The Comptroller shall assign and publish on the |
| 8 | | Comptroller's official website each local government a |
| 9 | | transition fiscal year for fiscal years beginning after |
| 10 | | December 31, 2027 through fiscal year beginning after December |
| 11 | | 31, 2033, inclusive, no later than June 30, 2027. In |
| 12 | | determining a local government's transition year, the |
| 13 | | Comptroller shall, to the extent practicable, consider (i) the |
| 14 | | size of the local government, (ii) the scope and complexity of |
| 15 | | the auditing, attestation, or related professional accounting |
| 16 | | services required by the local government, (iii) the local |
| 17 | | government's geographic region, (iv) the number of local |
| 18 | | governments anticipated to need to issue a RFQ during the |
| 19 | | earlier initial transition years, and (v) CPA firm capacity to |
| 20 | | balance the amount of RFQs during each fiscal year. |
| 21 | | (b) During the transition year assigned by the |
| 22 | | Comptroller, the responsible officials of a local government |
| 23 | | shall initiate the independent CPA firm selection process by |
| 24 | | issuing a public RFQ for auditing, attestation, or related |
| 25 | | professional accounting services under Section 5-20. |
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| 1 | | (c) The responsible officials of a local government shall |
| 2 | | initiate the independent CPA firm selection process by issuing |
| 3 | | a public RFQ for auditing, attestation, or related |
| 4 | | professional accounting services under Section 5-20 earlier |
| 5 | | than the Comptroller's assigned transition year if the local |
| 6 | | government's current auditor was not retained under Section |
| 7 | | 5-25 or the local government did not have an independent CPA |
| 8 | | firm 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 |
| 11 | | officials of a local government shall initiate the independent |
| 12 | | CPA firm selection process by issuing a public RFQ for |
| 13 | | auditing, attestation, or related professional accounting |
| 14 | | services. |
| 15 | | (b) The responsible officials or audit committee if |
| 16 | | designated by the responsible officials shall develop a RFQ |
| 17 | | which 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 |
| 22 | | developed under subsection (b). |
| 23 | | (d) The RFQ approved by the responsible officials shall be |
| 24 | | posted to the listing on the Comptroller's website for no |
| 25 | | fewer than 21 calendar days prior to the submission deadline. |
| 26 | | (e) The responsible officials shall determine whether all |
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| 1 | | submissions received shall be reviewed by either the entire |
| 2 | | body of responsible officials or the audit committee. |
| 3 | | (f) The responsible officials shall designate one of its |
| 4 | | members to serve as the price negotiator who is not a member of |
| 5 | | management, unless all of the responsible officials are also |
| 6 | | members of management. |
| 7 | | (g) All submissions received in response to the RFQ shall |
| 8 | | be reviewed to determine responsible and responsive firms. |
| 9 | | (h) Each responsible and responsive firm shall be ranked |
| 10 | | and a shortlist of the most qualified CPA firms shall be |
| 11 | | prepared for further consideration. |
| 12 | | (i) Upon establishing the shortlist, the price negotiator |
| 13 | | shall request detailed fixed-fee pricing proposals from each |
| 14 | | shortlisted firm via electronic mail, directed to the |
| 15 | | individual authorized to negotiate on behalf of the firm from |
| 16 | | the RFQ. The price negotiator shall establish a submission |
| 17 | | deadline for the pricing proposals, which shall be no fewer |
| 18 | | than 5 calendar days from the date of the request, and shall |
| 19 | | specify the required format and delivery method for the |
| 20 | | proposals. |
| 21 | | (j) After receiving pricing proposals, the price |
| 22 | | negotiator may engage in further negotiations with the |
| 23 | | highest-ranked respondent to achieve a fair and reasonable |
| 24 | | fixed-fee price reflecting the scope, complexity, and |
| 25 | | professional standards of the engagement. If a mutually |
| 26 | | acceptable price cannot be reached, negotiations shall proceed |
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| 1 | | down the shortlist until a fair and reasonable fixed-fee price |
| 2 | | reflecting the scope, complexity, and professional standards |
| 3 | | of the engagement is reached with the most qualified CPA firm. |
| 4 | | (k) Upon recommendation of the price negotiator, the |
| 5 | | responsible officials shall award a contract for auditing, |
| 6 | | attestation, or related professional accounting services for |
| 7 | | one fiscal year to the CPA firm determined to be both the most |
| 8 | | qualified and offering a fair and reasonable fixed-fee price. |
| 9 | | (l) No person participating in the selection process, |
| 10 | | including members of the audit committee, responsible |
| 11 | | officials, or any other individual involved in the review, |
| 12 | | evaluation, or recommendation of CPA firms, shall have a |
| 13 | | financial or familial interest in any responding CPA firm. For |
| 14 | | the purposes of this subsection, familial interest means any |
| 15 | | direct or indirect relationship by blood, marriage, domestic |
| 16 | | partnership, or adoption between an individual participating |
| 17 | | in the audit selection process and any owner, partner, |
| 18 | | principal, or employee of a responding CPA firm, including, |
| 19 | | but not limited to, a spouse or domestic partner, parent, |
| 20 | | stepparent, child, stepchild, adopted child, sibling, |
| 21 | | stepsibling, half-sibling, grandparent, grandchild, or any |
| 22 | | relative residing in the same household. The Comptroller may |
| 23 | | waive 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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| 1 | | do not initiate the independent CPA firm selection process |
| 2 | | under Section 5-20, the responsible officials shall determine |
| 3 | | whether to retain the local government's current independent |
| 4 | | CPA firm prior to awarding a contract for the next fiscal |
| 5 | | year's auditing, attestation, or related professional |
| 6 | | accounting services. |
| 7 | | (b) The responsible officials shall determine whether its |
| 8 | | current independent CPA firm shall be evaluated by either the |
| 9 | | entire body of responsible officials or the audit committee. |
| 10 | | (c) The evaluation shall, at a minimum, assess the CPA |
| 11 | | firm's (i) independence and interest in continuing as the CPA |
| 12 | | firm serving the local government, (ii) compliance with |
| 13 | | applicable professional standards and legal requirements, |
| 14 | | including members of the assigned engagement team meeting |
| 15 | | continuing professional education requirements, (iii) quality, |
| 16 | | timeliness, and accuracy of reports and related |
| 17 | | communications, (iv) responsiveness to inquiries and requests |
| 18 | | from the local government, (v) current peer review report and |
| 19 | | related letter of comments or a description why the CPA firm is |
| 20 | | not required to have a current peer review report, (vi) |
| 21 | | cost-effectiveness, and (vii) any other factors deemed |
| 22 | | relevant to ensure continued competent auditing, attestation, |
| 23 | | or related professional accounting services. |
| 24 | | (d) The responsible officials shall consider the results |
| 25 | | of the evaluation when determining whether to retain or |
| 26 | | terminate its relationship with the independent CPA firm for |
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| 1 | | the subsequent fiscal year. If the responsible officials |
| 2 | | determine to retain the CPA firm, the responsible officials |
| 3 | | shall designate one of its members to serve as the price |
| 4 | | negotiator who is not a member of management, unless all of the |
| 5 | | responsible officials are also members of management. If the |
| 6 | | responsible officials determine to terminate its relationship |
| 7 | | with the CPA firm or the CPA firm is not interested in |
| 8 | | providing services to the local government during the upcoming |
| 9 | | fiscal year, the responsible officials shall initiate the CPA |
| 10 | | firm selection process by issuing a public RFQ for auditing, |
| 11 | | attestation, or related professional accounting services under |
| 12 | | Section 5-20. |
| 13 | | (e) The price negotiator shall request a detailed |
| 14 | | fixed-fee pricing proposal from the CPA firm by electronic |
| 15 | | mail. The price negotiator shall establish a submission |
| 16 | | deadline for the pricing proposal, which shall be no fewer |
| 17 | | than 5 calendar days from the date of the request, and shall |
| 18 | | specify the required format and delivery method for the |
| 19 | | proposals. |
| 20 | | (f) Following receipt of the pricing proposal, the price |
| 21 | | negotiator may, at their discretion, engage in further |
| 22 | | negotiations with the CPA firm to achieve a fair and |
| 23 | | reasonable fixed-fee price that reflects the scope, |
| 24 | | complexity, and professional standards of the engagement. If a |
| 25 | | mutually acceptable price cannot be reached with the CPA firm, |
| 26 | | the responsible officials shall initiate the CPA firm |
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| 1 | | selection process by issuing a public RFQ for auditing, |
| 2 | | attestation, or related professional accounting services under |
| 3 | | Section 5-20. |
| 4 | | (g) Upon recommendation of the price negotiator, the |
| 5 | | responsible officials shall award a fixed-fee contract for |
| 6 | | auditing, attestation, or related professional accounting |
| 7 | | services for the next fiscal year to the CPA firm. |
| 8 | | (h) No person or entity participating in the retention |
| 9 | | process, including members of the audit committee, responsible |
| 10 | | officials, or any other individual involved in the review, |
| 11 | | evaluation, or recommendation of CPA firms, shall have a |
| 12 | | financial or familial interest in the independent CPA firm. |
| 13 | | For the purposes of this subsection, familial interest means |
| 14 | | any direct or indirect relationship by blood, marriage, |
| 15 | | domestic partnership, or adoption between an individual |
| 16 | | participating in the audit selection process and any owner, |
| 17 | | partner, principal, or employee of a responding CPA firm, |
| 18 | | including, but not limited to, a spouse or domestic partner, |
| 19 | | parent, stepparent, child, stepchild, adopted child, sibling, |
| 20 | | stepsibling, half-sibling, grandparent, grandchild, or any |
| 21 | | relative residing in the same household. The Comptroller may |
| 22 | | waive this requirement in writing for good cause. |
| 23 | | Section 5-30. Payments for auditing, attestation, or |
| 24 | | related professional accounting services. |
| 25 | | (a) The costs for auditing, attestation, or related |
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| 1 | | professional accounting services incurred by a local |
| 2 | | government to comply with the requirements of this Act shall |
| 3 | | be paid by the local government. Responsible officials shall |
| 4 | | make appropriate provisions for payment of these costs during |
| 5 | | the local government's budget process. |
| 6 | | (b) All invoices for payments for auditing, attestation, |
| 7 | | or related professional accounting services incurred by a |
| 8 | | local government to comply with the requirements of this Act |
| 9 | | shall be reviewed and approved by the responsible officials |
| 10 | | prior to payment. |
| 11 | | Section 5-35. Other competitive procurement requirements. |
| 12 | | Except as expressly provided in this Act, no other contracting |
| 13 | | or competitive procurement requirements shall apply to |
| 14 | | contracts let for auditing, attestation, or related |
| 15 | | professional accounting services. |
| 16 | | Section 5-40. Auditing tax. |
| 17 | | (a) The responsible officials of any local government, |
| 18 | | except the corporate authorities of a city, village, or |
| 19 | | incorporated town, having taxing powers may levy an auditing |
| 20 | | tax in an amount that shall not require extension of such tax |
| 21 | | at a rate in excess of 0.005% of the value of all taxable |
| 22 | | property in the unit as equalized or assessed by the |
| 23 | | Department of Revenue. It is the intent of the General |
| 24 | | Assembly for this Section to continue the authority for local |
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| 1 | | governments to levy an auditing tax as provided under Section |
| 2 | | 9 of the Governmental Account Audit Act for fiscal years |
| 3 | | beginning after December 31, 2027. |
| 4 | | This auditing tax may be in excess of or in addition to any |
| 5 | | statutory limitation of rate or amount. Money received from |
| 6 | | the auditing tax shall be held in a special fund and used only |
| 7 | | for the payment of costs for auditing, attestation, or related |
| 8 | | professional accounting services incurred by a local |
| 9 | | government to comply with the requirements of this Act. |
| 10 | | (b) The corporate authorities of a city, village, or |
| 11 | | incorporated town shall have the power to annually levy an |
| 12 | | auditing tax upon all of the taxable property of the |
| 13 | | municipalities at the rate on the dollar which shall produce |
| 14 | | an amount which shall equal a sum sufficient to meet the cost |
| 15 | | of all expenses for auditing, attestation, or related |
| 16 | | professional accounting services incurred by a local |
| 17 | | government to comply with the requirements of this Act. It is |
| 18 | | the intent of the General Assembly for this Section to |
| 19 | | continue the authority for local governments to levy an |
| 20 | | auditing tax as provided under Section 8-8-8 of the Illinois |
| 21 | | Municipal Code for fiscal years beginning after December 31, |
| 22 | | 2027. |
| 23 | | This auditing tax may be in excess of or in addition to any |
| 24 | | statutory limitation of rate or amount. Money received from |
| 25 | | the auditing tax shall be held in a special fund and used only |
| 26 | | for the payment of costs for auditing, attestation, or related |
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| 1 | | professional accounting services incurred by a local |
| 2 | | government 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 |
| 6 | | category, as soon as practicable after the close of its fiscal |
| 7 | | year. The local government shall determine its category using |
| 8 | | its annual cash receipts from all external sources for each of |
| 9 | | the 3 immediately preceding fiscal years. |
| 10 | | A local government must at a minimum determine its |
| 11 | | category to meet the threshold for the lowest category for |
| 12 | | which it qualifies under subsection (b). The responsible |
| 13 | | officials of the local government may, at their discretion, |
| 14 | | determine that the local government qualifies for a higher |
| 15 | | category than the minimum. |
| 16 | | For purposes of this subsection, if a local government |
| 17 | | does not meet the applicable dollar threshold for a higher |
| 18 | | category in each of the 3 immediately preceding fiscal years, |
| 19 | | the local government shall be classified in the lowest |
| 20 | | category for which it qualifies based on those fiscal years. |
| 21 | | (b) For each fiscal year beginning after December 31, |
| 22 | | 2027, the Comptroller shall, in accordance with subsections |
| 23 | | (c) and (d), determine and publish on the Comptroller's |
| 24 | | official website, no later than November 15 of the current |
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| 1 | | calendar year, the category thresholds to be used by local |
| 2 | | governments in determining their category for the fiscal year |
| 3 | | beginning after December 31 of the current calendar year. |
| 4 | | (c) For the fiscal year beginning after December 31, 2027, |
| 5 | | a local government shall be classified into one of 4 |
| 6 | | categories based on its annual cash receipts from all external |
| 7 | | sources 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, |
| 21 | | 2028, the Comptroller shall calculate the percentage change in |
| 22 | | the Consumer Price Index for the 12-month period ending on |
| 23 | | September 30 of the current calendar year and shall adjust the |
| 24 | | dollar 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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| 1 | | examples in plain language about how responsible officials or |
| 2 | | management can determine a local government's category which |
| 3 | | are reasonably designed to promote the uniform application of |
| 4 | | this Section by local governments. All guidance, materials, |
| 5 | | and informational resources provided by the Comptroller shall |
| 6 | | be made publicly available on the Comptroller's official |
| 7 | | website to ensure transparency and facilitate ease of access |
| 8 | | by responsible officials. |
| 9 | | Section 10-10. Category 1 Governments. |
| 10 | | (a) For fiscal years beginning after December 31, 2027, |
| 11 | | the responsible officials of a Category 1 local government |
| 12 | | shall appoint an auditing committee composed of 3 independent |
| 13 | | electors. |
| 14 | | (b) The auditing committee shall inspect the Category 1 |
| 15 | | local government's records for the fiscal year under review, |
| 16 | | using the template for that fiscal year published by the |
| 17 | | Comptroller. |
| 18 | | (c) All Category 1 local governments and their responsible |
| 19 | | officials, other elected or appointed officers, management, |
| 20 | | employees, and agents shall promptly comply with, and aid and |
| 21 | | assist the auditing committee in the exercise of its duties |
| 22 | | under the Act. |
| 23 | | At the request of the auditing committee, each Category 1 |
| 24 | | local government shall, without delay, provide to the CPA |
| 25 | | firm's representative any record or information requested and |
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| 1 | | shall provide for examination or copying all records, |
| 2 | | accounts, papers, reports, vouchers, correspondence, books and |
| 3 | | other documentation in the custody of the local government, |
| 4 | | including information stored in electronic data processing |
| 5 | | systems, which is related to or within the scope of any |
| 6 | | investigation under this Act. |
| 7 | | (d) The auditing committee shall complete the template, |
| 8 | | documenting the procedures performed and the committee's |
| 9 | | findings, and submit it electronically to the responsible |
| 10 | | officials and management of the Category 1 local government |
| 11 | | for review. The auditing committee must ensure that the |
| 12 | | template does not include any information exempt from public |
| 13 | | disclosure under Section 7 of the Freedom of Information Act. |
| 14 | | (e) The responsible officials and management of the |
| 15 | | Category 1 local government may submit written views within 7 |
| 16 | | calendar days after receipt of the draft template from |
| 17 | | subsection (c) regarding the findings and conclusions of the |
| 18 | | auditing committee. Any comments received shall be included in |
| 19 | | the appropriate section of the template. Any comments received |
| 20 | | shall exclude information that is exempt from public |
| 21 | | disclosure under Section 7 of the Freedom of Information Act. |
| 22 | | (f) Upon receipt of any timely written views of the |
| 23 | | responsible officials or management, the auditing committee |
| 24 | | may respond to any written views that are inconsistent with or |
| 25 | | in conflict with the results of the inspection. The committee |
| 26 | | shall then finalize the template. The auditing committee's |
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| 1 | | response to the written views shall exclude information exempt |
| 2 | | from public disclosure under Section 7 of the Freedom of |
| 3 | | Information Act. |
| 4 | | (g) Members of the auditing committee may be compensated |
| 5 | | for their services, with each member receiving an amount not |
| 6 | | exceeding $200, payable from the funds of the local |
| 7 | | government. |
| 8 | | (h) Each Category 1 local government shall electronically |
| 9 | | submit the final template from the auditing committee to the |
| 10 | | Comptroller no later than 7 months after the end of the local |
| 11 | | government's fiscal year for inclusion within the Local |
| 12 | | Government Registry. The Comptroller may grant extensions in |
| 13 | | writing for good cause regarding this reporting deadline. |
| 14 | | (i) For fiscal years beginning after December 31, 2027, |
| 15 | | and all reporting periods thereafter, each Category 1 local |
| 16 | | government shall electronically update its information within |
| 17 | | the Local Government Registry for the preceding fiscal year no |
| 18 | | later than 7 months after the conclusion of the local |
| 19 | | government's fiscal year. The Comptroller may grant extensions |
| 20 | | in writing for good cause regarding this reporting deadline. |
| 21 | | (j) For fiscal years beginning after December 31, 2027, |
| 22 | | and all reporting periods thereafter, each Category 1 local |
| 23 | | government shall electronically submit a spreadsheet of the |
| 24 | | names, positions, and amounts paid to every recipient of a |
| 25 | | Form W-2 or a Form 1099 during the calendar year ended in a |
| 26 | | format prescribed by the Comptroller during the fiscal year no |
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| 1 | | later than 7 months after the conclusion of the local |
| 2 | | government's fiscal year for inclusion within the Local |
| 3 | | Government Registry. The Comptroller may grant extensions in |
| 4 | | writing for good cause regarding this reporting deadline. |
| 5 | | (k) The Comptroller shall charge a Category 1 local |
| 6 | | government a daily fee of no more than $100 and no less than $0 |
| 7 | | per day late for delinquent reporting under this Section. All |
| 8 | | fees collected under this subsection shall be deposited into |
| 9 | | the Comptroller's Administrative Fund. |
| 10 | | (l) The Comptroller may waive, in whole or in part, the |
| 11 | | requirements of subsections (h), (i), and (j), provided that |
| 12 | | such waiver is granted in writing and sets forth the specific |
| 13 | | grounds supporting the determination. |
| 14 | | A written waiver may be granted upon a finding by the |
| 15 | | Comptroller that exigent circumstances exist that materially |
| 16 | | prevent the local government from complying with a requirement |
| 17 | | of subsection (h), (i), or (j). Exigent circumstances may |
| 18 | | include, but are not limited to, (i) the complete or |
| 19 | | substantial destruction of the local government's financial or |
| 20 | | administrative records due to fire, flood, natural disaster, |
| 21 | | cyber incident, or other catastrophic event; (ii) the sudden |
| 22 | | dissolution, closure, or legal incapacity of the local |
| 23 | | government; (iii) the seizure, impoundment, or restriction of |
| 24 | | access to records resulting from judicially authorized law |
| 25 | | enforcement activity; (iv) the existence of conditions that |
| 26 | | would materially limit, restrict, or impair the scope of the |
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| 1 | | auditing committee's activities such that it is impracticable |
| 2 | | or impossible to satisfy the requirements prescribed by this |
| 3 | | Act, or (v) any other extraordinary event or circumstance that |
| 4 | | renders compliance impracticable. |
| 5 | | Any written waiver granted by the Comptroller shall be |
| 6 | | limited in duration to the period reasonably necessary to |
| 7 | | address the exigent circumstances; to specify whether the |
| 8 | | written waiver applies to all or only certain requirements of |
| 9 | | subsection (h), (i), and (j); and to include any conditions, |
| 10 | | alternative requirements, or remedial measures the Comptroller |
| 11 | | deems appropriate to protect the public interest. |
| 12 | | Any written waiver granted by the Comptroller shall be |
| 13 | | posted in the location within the Local Government Registry |
| 14 | | where the Category 1 local government's filing or filings |
| 15 | | would have otherwise appeared and shall be delivered by |
| 16 | | certified mail, return receipt requested, to (i) the |
| 17 | | responsible officials of the Category 1 local government and |
| 18 | | (ii) each member of the Illinois House of Representatives and |
| 19 | | the Illinois Senate whose legislative district includes all or |
| 20 | | any portion of the territory within the jurisdiction of the |
| 21 | | Category 1 local government. |
| 22 | | The Comptroller's determination under this subsection is |
| 23 | | final. |
| 24 | | Section 10-15. Category 2 Governments. |
| 25 | | (a) The responsible officials of a Category 2 local |
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| 1 | | government shall enter into AUPs with the independent CPA firm |
| 2 | | they have retained under Article 5. The AUPs must align with |
| 3 | | the minimum AUPs for the relevant type of local government for |
| 4 | | that fiscal year, as published by the Comptroller under |
| 5 | | Section 15-15. |
| 6 | | No Category 2 local government shall adopt procedures that |
| 7 | | are less stringent than those provided by the Comptroller. |
| 8 | | However, Category 2 local governments may include additional |
| 9 | | procedures to customize the report's findings and |
| 10 | | recommendations to better meet the needs of the responsible |
| 11 | | officials. |
| 12 | | (b) The independent CPA firm retained by the responsible |
| 13 | | officials under Article 5 shall perform the AUPs agreed-upon |
| 14 | | with the local government's responsible officials following |
| 15 | | the applicable attestation standards established by the |
| 16 | | American Institute of Certified Public Accountants. |
| 17 | | (c) If a Category 2 local government has a redevelopment |
| 18 | | project under Division 74.4 of the Illinois Municipal Code or |
| 19 | | redevelopment project under Division 74.6 of the Illinois |
| 20 | | Municipal Code, the responsible officials of a Category 2 |
| 21 | | local government shall enter into AUPs for each redevelopment |
| 22 | | project with the independent CPA firm they have retained under |
| 23 | | Article 5. |
| 24 | | The AUPs shall be the AUPs designated by the Comptroller |
| 25 | | under Section 15-20 for each project. No Category 2 local |
| 26 | | government shall modify the AUPs published by the Comptroller. |
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| 1 | | (d) The independent CPA firm retained by the responsible |
| 2 | | officials under Article 5 shall complete all of the AUPs and |
| 3 | | electronically submit the AUP's to the responsible officials |
| 4 | | and management of the Category 2 local government for review. |
| 5 | | The independent CPA firm retained by the responsible officials |
| 6 | | under Article 5 must ensure all of the AUPs do not include any |
| 7 | | information exempt from public disclosure under Section 7 of |
| 8 | | the Freedom of Information Act. |
| 9 | | (e) The responsible officials and management of the |
| 10 | | Category 2 local government may submit written views within 7 |
| 11 | | calendar days after receipt of the draft report from any AUPs |
| 12 | | regarding the findings of the independent CPA firm retained by |
| 13 | | the responsible officials under Article 5. Any comments |
| 14 | | received shall be included in the appropriate section of the |
| 15 | | report. Any comments received shall exclude information that |
| 16 | | is exempt from public disclosure under Section 7 of the |
| 17 | | Freedom of Information Act. |
| 18 | | (f) Upon receipt of any timely written views from the |
| 19 | | responsible officials or management, the independent CPA firm |
| 20 | | retained by the responsible officials under Article 5 may |
| 21 | | respond to any written views that are inconsistent with or in |
| 22 | | conflict with the results of the inspection. The committee |
| 23 | | shall then finalize the report. The response of the |
| 24 | | independent CPA firm to the written views shall exclude |
| 25 | | information exempt from public disclosure under Section 7 of |
| 26 | | the Freedom of Information Act. |
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| 1 | | (g) A Category 2 local government may engage its |
| 2 | | independent CPA firm retained by the responsible officials |
| 3 | | under Article 5 to perform any additional auditing, |
| 4 | | attestation, or other related professional accounting services |
| 5 | | to the local government, provided the independent CPA firm |
| 6 | | provides a written report at the conclusion of the engagement. |
| 7 | | (h) All Category 2 local governments and their responsible |
| 8 | | officials, other elected or appointed officers, management, |
| 9 | | employees, and agents shall promptly comply with, and aid and |
| 10 | | assist the CPA firm in the exercise of its duties under the |
| 11 | | Act. |
| 12 | | At the request of the CPA firm, each Category 2 local |
| 13 | | government shall, without delay, provide to the CPA firm's |
| 14 | | representative any record or information requested and shall |
| 15 | | provide for examination or copying all records, accounts, |
| 16 | | papers, reports, vouchers, correspondence, books and other |
| 17 | | documentation in the custody of the local government, |
| 18 | | including information stored in electronic data processing |
| 19 | | systems, which is related to or within the scope of any |
| 20 | | engagement under this Act. |
| 21 | | (i) Each Category 2 local government shall electronically |
| 22 | | submit any reports prepared by the independent CPA firm under |
| 23 | | this Section to the Comptroller no later than 7 months after |
| 24 | | the end of the local government's fiscal year for inclusion |
| 25 | | within the Local Government Registry. The Comptroller may |
| 26 | | grant extensions in writing for good cause regarding this |
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| 1 | | reporting deadline. |
| 2 | | (j) Each Category 2 local government shall electronically |
| 3 | | submit any known or suspected fraud or noncompliance with laws |
| 4 | | or regulations communicated to those charged with governance |
| 5 | | or management as that term is defined under the attestation |
| 6 | | standards established by the American Institute of Certified |
| 7 | | Public Accountants arising from the AUPs prepared by the |
| 8 | | independent CPA firm for engagements performed under this |
| 9 | | Section to the Comptroller no later than 7 months after the end |
| 10 | | of the local government's fiscal year for inclusion within the |
| 11 | | Local Government Registry. The Comptroller may grant |
| 12 | | extensions in writing for good cause regarding this reporting |
| 13 | | deadline. |
| 14 | | (k) For fiscal years beginning after December 31, 2027, |
| 15 | | and all reporting periods thereafter, each Category 2 local |
| 16 | | government shall electronically update its information within |
| 17 | | the Local Government Registry for the preceding fiscal year no |
| 18 | | later than 7 months after the conclusion of the local |
| 19 | | government's fiscal year. The Comptroller may grant extensions |
| 20 | | in writing for good cause regarding this reporting deadline. |
| 21 | | (l) For fiscal years beginning after December 31, 2027, |
| 22 | | and all reporting periods thereafter, each Category 2 local |
| 23 | | government shall electronically submit a spreadsheet of the |
| 24 | | names, positions, and amounts paid to every recipient of a |
| 25 | | Form W-2 or a Form 1099 during the calendar year ended in a |
| 26 | | format prescribed by the Comptroller during the fiscal year no |
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| 1 | | later than 7 months after the conclusion of the local |
| 2 | | government's fiscal year for inclusion within the Local |
| 3 | | Government Registry. The Comptroller may grant extensions in |
| 4 | | writing for good cause regarding this reporting deadline. |
| 5 | | (m) The Comptroller shall charge a Category 2 local |
| 6 | | government a daily fee of no more than $100 and no less than $0 |
| 7 | | per day late for delinquent reporting under this Section. All |
| 8 | | fees collected under this subsection shall be deposited into |
| 9 | | the Comptroller's Administrative Fund. |
| 10 | | (n) The Comptroller may waive, in whole or in part, the |
| 11 | | requirements of subsections (i), (j), (k), and (l), if the |
| 12 | | waiver is granted in writing and sets forth the specific |
| 13 | | grounds supporting the determination. |
| 14 | | A written waiver may be granted upon a finding by the |
| 15 | | Comptroller that exigent circumstances exist that materially |
| 16 | | prevent the local government from complying with a requirement |
| 17 | | of subsection (i), (j), (k), or (l). Exigent circumstances |
| 18 | | include, but are not limited to, (i) the complete or |
| 19 | | substantial destruction of the local government's financial or |
| 20 | | administrative records due to fire, flood, natural disaster, |
| 21 | | cyber incident, or other catastrophic event; (ii) the sudden |
| 22 | | dissolution, closure, or legal incapacity of the local |
| 23 | | government; (iii) the seizure, impoundment, or restriction of |
| 24 | | access to records resulting from judicially authorized law |
| 25 | | enforcement activity; (iv) the existence of conditions that |
| 26 | | would materially limit, restrict, or impair the scope of the |
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| 1 | | CPA firm's activities such that it is impracticable or |
| 2 | | impossible to satisfy the requirements prescribed by this Act; |
| 3 | | or (v) any other extraordinary event or circumstance that |
| 4 | | renders compliance impracticable. |
| 5 | | Any written waiver granted by the Comptroller shall be |
| 6 | | limited in duration to the period reasonably necessary to |
| 7 | | address the exigent circumstances; to specify whether the |
| 8 | | written waiver applies to all or only certain requirements of |
| 9 | | subsection (i), (j), (k), or (l); and to include any |
| 10 | | conditions, alternative requirements, or remedial measures the |
| 11 | | Comptroller deems appropriate to protect the public interest. |
| 12 | | Any written waiver granted by the Comptroller shall be |
| 13 | | posted in the location within the Local Government Registry |
| 14 | | where the Category 2 local government's filing or filings |
| 15 | | would have otherwise appeared and shall be delivered by |
| 16 | | certified mail, return receipt requested, to (i) the |
| 17 | | responsible officials of the Category 2 local government and |
| 18 | | (ii) each member of the Illinois House of Representatives and |
| 19 | | the Illinois Senate whose legislative district includes all or |
| 20 | | any portion of the territory within the jurisdiction of the |
| 21 | | Category 2 local government. |
| 22 | | The Comptroller's determination under this subsection is |
| 23 | | final. |
| 24 | | (o) Within 60 days after the date of any report completed |
| 25 | | by the independent CPA firm pursuant to this Section, a |
| 26 | | partner at the independent CPA firm and such additional |
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| 1 | | personnel from the CPA firm as deemed necessary by the |
| 2 | | independent CPA firm shall attend a public meeting of the |
| 3 | | responsible officials either in person or by a live phone or |
| 4 | | online virtual meeting to answer questions posed by the |
| 5 | | responsible officials about the engagement and present the |
| 6 | | major findings of the report. A public body may hold a closed |
| 7 | | session to consider internal control weaknesses, |
| 8 | | identification of potential fraud risk areas, known or |
| 9 | | suspected frauds, and fraud interviews with the independent |
| 10 | | CPA firm's partner and such additional personnel from the CPA |
| 11 | | firm as deemed necessary by the independent CPA firm under |
| 12 | | Section 2 of the Open Meetings Act. |
| 13 | | Section 10-20. Category 3 Governments. |
| 14 | | (a) For fiscal years beginning after December 31, 2027, |
| 15 | | the responsible officials of a Category 3 local government |
| 16 | | shall oversee management's preparation of the local |
| 17 | | government's draft financial statements following the cash |
| 18 | | basis of accounting. The financial statements of a Category 3 |
| 19 | | local government shall, at a minimum, present the government |
| 20 | | as a whole and its major funds, along with combining |
| 21 | | statements displaying each of the government's nonmajor funds. |
| 22 | | Upon completion of the draft financial statements, management |
| 23 | | shall furnish the draft financial statements to the local |
| 24 | | government's independent CPA firm for audit. |
| 25 | | (b) The independent CPA firm retained by the responsible |
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| 1 | | officials under Article 5 shall not gather data, categorize |
| 2 | | and organize data, or prepare the draft financial statements |
| 3 | | of a local government. |
| 4 | | (c) The independent CPA firm retained by the responsible |
| 5 | | officials under Article 5 shall audit the local government's |
| 6 | | draft financial statements following GAAS and GAGAS. |
| 7 | | (d) The responsible officials of a Category 3 local |
| 8 | | government shall enter into AUPs with the independent CPA firm |
| 9 | | they have retained under Article 5. The AUPs must align with |
| 10 | | the minimum AUPs for the relevant type of local government for |
| 11 | | that fiscal year, as published by the Comptroller under |
| 12 | | Section 15-15. |
| 13 | | No Category 3 local government shall adopt procedures that |
| 14 | | are less stringent than those provided by the Comptroller. |
| 15 | | However, Category 3 local governments may include additional |
| 16 | | procedures to customize the report's findings and |
| 17 | | recommendations to better meet the needs of the responsible |
| 18 | | officials. |
| 19 | | (e) The independent CPA firm retained by the responsible |
| 20 | | officials under Article 5 shall perform the AUPs agreed-upon |
| 21 | | with the local government's responsible officials following |
| 22 | | the applicable attestation standards established by the |
| 23 | | American Institute of Certified Public Accountants. |
| 24 | | (f) If a Category 3 local government has a redevelopment |
| 25 | | project under Division 74.4 of the Illinois Municipal Code or |
| 26 | | redevelopment project under Division 74.6 of the Illinois |
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| 1 | | Municipal Code, the responsible officials of a Category 3 |
| 2 | | local government shall enter into AUPs for each redevelopment |
| 3 | | project with the independent CPA firm they have retained under |
| 4 | | Article 5. |
| 5 | | The AUPs shall be the AUPs designated by the Comptroller |
| 6 | | under Section 15-20 for each project. No Category 3 local |
| 7 | | government shall modify the AUPs published by the Comptroller. |
| 8 | | (g) A Category 3 local government may engage its |
| 9 | | independent CPA firm retained by the responsible officials |
| 10 | | under Article 5 to perform any additional auditing, |
| 11 | | attestation, or other related professional accounting |
| 12 | | services, including, but not limited to, a Single Audit, to |
| 13 | | the local government, provided the independent CPA firm |
| 14 | | provides a written report at the conclusion of the engagement. |
| 15 | | (h) All Category 3 local governments and their responsible |
| 16 | | officials, other elected or appointed officers, management, |
| 17 | | employees, and agents shall promptly comply with, and aid and |
| 18 | | assist the CPA firm in the exercise of its duties under the |
| 19 | | Act. |
| 20 | | At the request of the CPA firm, each Category 3 local |
| 21 | | government shall, without delay, provide to the CPA firm's |
| 22 | | representative any record or information requested and shall |
| 23 | | provide for examination or copying all records, accounts, |
| 24 | | papers, reports, vouchers, correspondence, books and other |
| 25 | | documentation in the custody of the local government, |
| 26 | | including information stored in electronic data processing |
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| 1 | | systems, which is related to or within the scope of any |
| 2 | | engagement under this Act. |
| 3 | | (i) Each Category 3 local government shall electronically |
| 4 | | submit any reports prepared by the independent CPA firm under |
| 5 | | this Section to the Comptroller no later than 7 months after |
| 6 | | the end of the local government's fiscal year for inclusion |
| 7 | | within the Local Government Registry. The Comptroller may |
| 8 | | grant extensions in writing for good cause regarding this |
| 9 | | reporting deadline. |
| 10 | | (j) Each Category 3 local government shall electronically |
| 11 | | submit (i) the auditor's communication with those charged with |
| 12 | | governance under GAAS, (ii) the auditor's communication of |
| 13 | | deficiencies in internal control under GAAS to both those |
| 14 | | charged with governance or management as that term is defined |
| 15 | | under GAAS, (iii) any known or suspected fraud or |
| 16 | | noncompliance with laws or regulations communicated to those |
| 17 | | charged with governance or management as that term is defined |
| 18 | | under GAAS arising from the financial audit, and (iv) any |
| 19 | | known or suspected fraud or noncompliance with laws or |
| 20 | | regulations communicated to those charged with governance or |
| 21 | | management as that term is defined under the attestation |
| 22 | | standards established by the American Institute of Certified |
| 23 | | Public Accountants arising from the AUPs prepared by the |
| 24 | | independent CPA firm for engagements performed under this |
| 25 | | Section to the Comptroller no later than 7 months after the end |
| 26 | | of the local government's fiscal year for inclusion within the |
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| 1 | | Local Government Registry. The Comptroller may grant |
| 2 | | extensions in writing for good cause regarding this reporting |
| 3 | | deadline. |
| 4 | | (k) For fiscal years beginning after December 31, 2027, |
| 5 | | and all reporting periods thereafter, each Category 3 local |
| 6 | | government shall electronically update its information within |
| 7 | | the Local Government Registry for the preceding fiscal year no |
| 8 | | later than 7 months after the conclusion of the local |
| 9 | | government's fiscal year. The Comptroller may grant extensions |
| 10 | | in writing for good cause regarding this reporting deadline. |
| 11 | | (l) For fiscal years beginning after December 31, 2027, |
| 12 | | and all reporting periods thereafter, each Category 3 local |
| 13 | | government shall electronically submit a spreadsheet of the |
| 14 | | names, positions, and amounts paid to every recipient of a |
| 15 | | Form W-2 or a Form 1099 during the calendar year ended in a |
| 16 | | format prescribed by the Comptroller during the fiscal year no |
| 17 | | later than 7 months after the conclusion of the local |
| 18 | | government's fiscal year for inclusion within the Local |
| 19 | | Government Registry. The Comptroller may grant extensions in |
| 20 | | writing for good cause regarding this reporting deadline. |
| 21 | | (m) The Comptroller shall charge a Category 3 local |
| 22 | | government a daily fee of no more than $100 and no less than $0 |
| 23 | | per day late for delinquent reporting under this Section. All |
| 24 | | fees collected under this subsection shall be deposited into |
| 25 | | the Comptroller's Administrative Fund. |
| 26 | | (n) The Comptroller may waive, in whole or in part, the |
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| 1 | | requirements of subsections (i), (j), (k), and (l), if the |
| 2 | | waiver is granted in writing and sets forth the specific |
| 3 | | grounds supporting the determination. |
| 4 | | A written waiver may be granted upon a finding by the |
| 5 | | Comptroller that exigent circumstances exist that materially |
| 6 | | prevent the local government from complying with a requirement |
| 7 | | of subsection (i), (j), (k), or (l). Exigent circumstances |
| 8 | | include, but are not limited to, (i) the complete or |
| 9 | | substantial destruction of the local government's financial or |
| 10 | | administrative records due to fire, flood, natural disaster, |
| 11 | | cyber incident, or other catastrophic event; (ii) the sudden |
| 12 | | dissolution, closure, or legal incapacity of the local |
| 13 | | government; (iii) the seizure, impoundment, or restriction of |
| 14 | | access to records resulting from judicially authorized law |
| 15 | | enforcement activity; (iv) the existence of conditions that |
| 16 | | would materially limit, restrict, or impair the scope of the |
| 17 | | CPA firm's activities such that it is impracticable or |
| 18 | | impossible to satisfy the requirements prescribed by this Act; |
| 19 | | or (v) any other extraordinary event or circumstance that |
| 20 | | renders compliance impracticable. |
| 21 | | Any written waiver granted by the Comptroller shall be |
| 22 | | limited in duration to the period reasonably necessary to |
| 23 | | address the exigent circumstances; to specify whether the |
| 24 | | written waiver applies to all or only certain requirements of |
| 25 | | subsection (i), (j), (k), or (l); and to include any |
| 26 | | conditions, alternative requirements, or remedial measures the |
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| 1 | | Comptroller deems appropriate to protect the public interest. |
| 2 | | Any written waiver granted by the Comptroller shall be |
| 3 | | posted in the location within the Local Government Registry |
| 4 | | where the Category 3 local government's filing or filings |
| 5 | | would have otherwise appeared and shall be delivered by |
| 6 | | certified mail, return receipt requested, to (i) the |
| 7 | | responsible officials of the Category 3 local government and |
| 8 | | (ii) each member of the Illinois House of Representatives and |
| 9 | | the Illinois Senate whose legislative district includes all or |
| 10 | | any portion of the territory within the jurisdiction of the |
| 11 | | Category 3 local government. |
| 12 | | The Comptroller's determination under this subsection is |
| 13 | | final. |
| 14 | | (o) Within 60 days after the date of any report completed |
| 15 | | by the independent CPA firm pursuant to this Section, a |
| 16 | | partner at the independent CPA firm and such additional |
| 17 | | personnel from the CPA firm as deemed necessary by the |
| 18 | | independent CPA firm shall attend a public meeting of the |
| 19 | | responsible officials either in person or by a live phone or |
| 20 | | online virtual meeting to answer questions posed by the |
| 21 | | responsible officials about the engagement and present the |
| 22 | | major findings of the report. A public body may hold a closed |
| 23 | | session to consider internal control weaknesses, |
| 24 | | identification of potential fraud risk areas, known or |
| 25 | | suspected frauds, and fraud interviews with the independent |
| 26 | | CPA firm's partner and such additional personnel from the CPA |
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| 1 | | firm as deemed necessary by the independent CPA firm under |
| 2 | | Section 2 of the Open Meetings Act. |
| 3 | | Section 10-25. Category 4 Governments. |
| 4 | | (a) For fiscal years beginning after December 31, 2027, |
| 5 | | the responsible officials of a Category 4 local government |
| 6 | | shall oversee management's preparation of the local |
| 7 | | government's draft financial statements following GAAP. The |
| 8 | | financial statements of a Category 4 local government shall, |
| 9 | | at a minimum, present the government as a whole and its major |
| 10 | | funds, along with combining statements displaying each of the |
| 11 | | government's nonmajor funds. Upon completion of the draft |
| 12 | | financial statements, management shall furnish the draft |
| 13 | | financial statements to the local government's independent CPA |
| 14 | | firm for audit. |
| 15 | | (b) The independent CPA firm retained by the responsible |
| 16 | | officials under Article 5 shall not gather data, categorize |
| 17 | | and organize data, or prepare the draft financial statements |
| 18 | | of a local government. |
| 19 | | (c) The independent CPA firm retained by the responsible |
| 20 | | officials under Article 5 shall audit the local government's |
| 21 | | draft financial statements following GAAS and GAGAS. |
| 22 | | (d) The responsible officials of a Category 4 local |
| 23 | | government shall enter into AUPs with the independent CPA firm |
| 24 | | they have retained under Article 5. The AUPs must align with |
| 25 | | the minimum AUPs for the relevant type of local government for |
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| 1 | | that fiscal year, as published by the Comptroller under |
| 2 | | Section 15-15. |
| 3 | | No Category 4 local government shall adopt procedures that |
| 4 | | are less stringent than those provided by the Comptroller. |
| 5 | | However, Category 4 local governments may include additional |
| 6 | | procedures to customize the report's findings and |
| 7 | | recommendations to better meet the needs of the responsible |
| 8 | | officials. |
| 9 | | (e) The independent CPA firm retained by the responsible |
| 10 | | officials under Article 5 shall perform the AUPs agreed-upon |
| 11 | | with the local government's responsible officials following |
| 12 | | the applicable attestation standards established by the |
| 13 | | American Institute of Certified Public Accountants. |
| 14 | | (f) If a Category 4 local government has a redevelopment |
| 15 | | project under Division 74.4 of the Illinois Municipal Code or |
| 16 | | redevelopment project under Division 74.6 of the Illinois |
| 17 | | Municipal Code, the responsible officials of a Category 4 |
| 18 | | local government shall enter into AUPs for each redevelopment |
| 19 | | project with the independent CPA firm they have retained under |
| 20 | | Article 5. |
| 21 | | The AUPs shall be the AUPs designated by the Comptroller |
| 22 | | under Section 15-20 for each project. No Category 4 local |
| 23 | | government shall modify the AUPs published by the Comptroller. |
| 24 | | (g) A Category 4 local government may engage its |
| 25 | | independent CPA firm retained by the responsible officials |
| 26 | | under Article 5 to perform any additional auditing, |
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| 1 | | attestation, or other related professional accounting |
| 2 | | services, including, but not limited to, a Single Audit, to |
| 3 | | the local government, provided the independent CPA firm |
| 4 | | provides a written report at the conclusion of the engagement. |
| 5 | | (h) All Category 4 local governments and their responsible |
| 6 | | officials, other elected or appointed officers, management, |
| 7 | | employees, and agents shall promptly comply with, and aid and |
| 8 | | assist the CPA firm in the exercise of its duties under the |
| 9 | | Act. |
| 10 | | At the request of the CPA firm, each Category 4 local |
| 11 | | government shall, without delay, provide to the CPA firm's |
| 12 | | representative any record or information requested and shall |
| 13 | | provide for examination or copying all records, accounts, |
| 14 | | papers, reports, vouchers, correspondence, books and other |
| 15 | | documentation in the custody of the local government, |
| 16 | | including information stored in electronic data processing |
| 17 | | systems, which is related to or within the scope of any |
| 18 | | engagement under this Act. |
| 19 | | (i) Each Category 4 local government shall electronically |
| 20 | | submit any reports prepared by the independent CPA firm under |
| 21 | | this Section to the Comptroller no later than 7 months after |
| 22 | | the end of the local government's fiscal year for inclusion |
| 23 | | within the Local Government Registry. The Comptroller may |
| 24 | | grant extensions in writing for good cause regarding this |
| 25 | | reporting deadline. |
| 26 | | (j) Each Category 4 local government shall electronically |
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| 1 | | submit (i) the auditor's communication with those charged with |
| 2 | | governance under GAAS, (ii) the auditor's communication of |
| 3 | | deficiencies in internal control under GAAS to both those |
| 4 | | charged with governance or management as that term is defined |
| 5 | | under GAAS, (iii) any known or suspected fraud or |
| 6 | | noncompliance with laws or regulations communicated to those |
| 7 | | charged with governance or management as that term is defined |
| 8 | | under GAAS arising from the financial audit, and (iv) any |
| 9 | | known or suspected fraud or noncompliance with laws or |
| 10 | | regulations communicated to those charged with governance or |
| 11 | | management as that term is defined under the attestation |
| 12 | | standards established by the American Institute of Certified |
| 13 | | Public Accountants arising from the AUPs prepared by the |
| 14 | | independent CPA firm for engagements performed under this |
| 15 | | Section to the Comptroller no later than 7 months after the end |
| 16 | | of the local government's fiscal year for inclusion within the |
| 17 | | Local Government Registry. The Comptroller may grant |
| 18 | | extensions in writing for good cause regarding this reporting |
| 19 | | deadline. |
| 20 | | (k) For fiscal years beginning after December 31, 2027, |
| 21 | | and all reporting periods thereafter, each Category 4 local |
| 22 | | government shall electronically update its information within |
| 23 | | the Local Government Registry for the preceding fiscal year no |
| 24 | | later than 7 months after the conclusion of the local |
| 25 | | government's fiscal year. The Comptroller may grant extensions |
| 26 | | in writing for good cause regarding this reporting deadline. |
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| 1 | | (l) For fiscal years beginning after December 31, 2027, |
| 2 | | and all reporting periods thereafter, each Category 4 local |
| 3 | | government shall electronically submit a spreadsheet of the |
| 4 | | names, positions, and amounts paid to every recipient of a |
| 5 | | Form W-2 or a Form 1099 during the calendar year ended in a |
| 6 | | format prescribed by the Comptroller during the fiscal year no |
| 7 | | later than 7 months after the conclusion of the local |
| 8 | | government's fiscal year for inclusion within the Local |
| 9 | | Government Registry. The Comptroller may grant extensions in |
| 10 | | writing for good cause regarding this reporting deadline. |
| 11 | | (m) The Comptroller shall charge a Category 4 local |
| 12 | | government a daily fee of no more than $100 and no less than $0 |
| 13 | | per day late for delinquent reporting under this Section. All |
| 14 | | fees collected under this subsection shall be deposited into |
| 15 | | the Comptroller's Administrative Fund. |
| 16 | | (n) The Comptroller may waive, in whole or in part, the |
| 17 | | requirements of subsections (i), (j), (k), and (l), if the |
| 18 | | waiver is granted in writing and sets forth the specific |
| 19 | | grounds supporting the determination. |
| 20 | | A written waiver may be granted upon a finding by the |
| 21 | | Comptroller that exigent circumstances exist that materially |
| 22 | | prevent the local government from complying with a requirement |
| 23 | | of subsection (i), (j), (k), or (l). Exigent circumstances |
| 24 | | include, but are not limited to, (i) the complete or |
| 25 | | substantial destruction of the local government's financial or |
| 26 | | administrative records due to fire, flood, natural disaster, |
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| 1 | | cyber incident, or other catastrophic event; (ii) the sudden |
| 2 | | dissolution, closure, or legal incapacity of the local |
| 3 | | government; (iii) the seizure, impoundment, or restriction of |
| 4 | | access to records resulting from judicially authorized law |
| 5 | | enforcement activity; (iv) the existence of conditions that |
| 6 | | would materially limit, restrict, or impair the scope of the |
| 7 | | CPA firm's activities such that it is impracticable or |
| 8 | | impossible to satisfy the requirements prescribed by this Act; |
| 9 | | or (v) any other extraordinary event or circumstance that |
| 10 | | renders compliance impracticable. |
| 11 | | Any written waiver granted by the Comptroller shall be |
| 12 | | limited in duration to the period reasonably necessary to |
| 13 | | address the exigent circumstances; to specify whether the |
| 14 | | written waiver applies to all or only certain requirements of |
| 15 | | subsection (i), (j), (k), or (l); and to include any |
| 16 | | conditions, alternative requirements, or remedial measures the |
| 17 | | Comptroller deems appropriate to protect the public interest. |
| 18 | | Any written waiver granted by the Comptroller shall be |
| 19 | | posted in the location within the Local Government Registry |
| 20 | | where the Category 4 local government's filing or filings |
| 21 | | would have otherwise appeared and shall be delivered by |
| 22 | | certified mail, return receipt requested, to (i) the |
| 23 | | responsible officials of the Category 4 local government and |
| 24 | | (ii) each member of the Illinois House of Representatives and |
| 25 | | the Illinois Senate whose legislative district includes all or |
| 26 | | any portion of the territory within the jurisdiction of the |
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| 1 | | Category 4 local government. |
| 2 | | The Comptroller's determination under this subsection is |
| 3 | | final. |
| 4 | | (o) Within 60 days after the date of any report completed |
| 5 | | by the independent CPA firm pursuant to this Section, a |
| 6 | | partner at the independent CPA firm and such additional |
| 7 | | personnel from the CPA firm as deemed necessary by the |
| 8 | | independent CPA firm shall attend a public meeting of the |
| 9 | | responsible officials either in person or by a live phone or |
| 10 | | online virtual meeting to answer questions posed by the |
| 11 | | responsible officials about the engagement and present the |
| 12 | | major findings of the report. A public body may hold a closed |
| 13 | | session to consider internal control weaknesses, |
| 14 | | identification of potential fraud risk areas, known or |
| 15 | | suspected frauds, and fraud interviews with the independent |
| 16 | | CPA firm's partner and such additional personnel from the CPA |
| 17 | | firm as deemed necessary by the independent CPA firm under |
| 18 | | Section 2 of the Open Meetings Act. |
| 19 | | Article 15. LOCAL GOVERNMENT REGISTRY AND REPORTS |
| 20 | | Section 15-5. Local government registry and report |
| 21 | | database. |
| 22 | | (a) The Comptroller shall establish and maintain a public |
| 23 | | searchable electronic database of all local governments no |
| 24 | | later 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 |
| 15 | | notify the Comptroller electronically in writing of the name |
| 16 | | of each local government within their jurisdiction along with |
| 17 | | contact information for the elected or appointed office |
| 18 | | holders of the local government and their positions in a |
| 19 | | manner and format determined by the Comptroller. The |
| 20 | | Comptroller may grant extensions in writing for good cause for |
| 21 | | this reporting requirement. |
| 22 | | (c) Within 30 days following the creation or dissolution |
| 23 | | of a local government within their jurisdiction after June 30, |
| 24 | | 2027, each county clerk shall notify the Comptroller |
| 25 | | electronically in writing of the name of the local government |
| 26 | | along with contact information for the elected or appointed |
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| 1 | | office holders of the local government and their positions in |
| 2 | | a manner and format determined by the Comptroller. The |
| 3 | | Comptroller may grant extensions in writing for good cause for |
| 4 | | this reporting requirement. |
| 5 | | (d) The Comptroller shall charge a county clerk a daily |
| 6 | | fee of no more than $10 and no less than $0 per day late for |
| 7 | | delinquent reporting under this Section. All fees collected |
| 8 | | under this subsection shall be deposited into the |
| 9 | | Comptroller's Administrative Fund. |
| 10 | | Section 15-10. Limited procedures. |
| 11 | | (a) The Comptroller shall develop a template for the |
| 12 | | auditing committees of Category 1 governments to perform and |
| 13 | | report on their activities inspecting the local government's |
| 14 | | records for the fiscal year under review, with the advice of |
| 15 | | the Local Government Advisory Board and a statewide CPA |
| 16 | | organization. |
| 17 | | (b) The template shall be written in plain language with |
| 18 | | procedures for the auditing committees of Category 1 |
| 19 | | governments 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 |
| 13 | | responsible officials and management of the local government |
| 14 | | to submit their written views regarding the findings and |
| 15 | | conclusions of the auditing committee. The template shall also |
| 16 | | include a section for the auditing committee to respond to any |
| 17 | | written views from the responsible officials and management, |
| 18 | | particularly if those views are inconsistent with or in |
| 19 | | conflict with the results of the inspection. |
| 20 | | (d) For each fiscal year beginning after December 31, |
| 21 | | 2027, the Comptroller shall publish on the Comptroller's |
| 22 | | official website, no later than November 15 of the current |
| 23 | | calendar year, the template to be used by auditing committees |
| 24 | | of Category 1 governments for inspecting the local |
| 25 | | government's records for the fiscal year beginning after |
| 26 | | December 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 |
| 3 | | each type of local government subject to this Act for the |
| 4 | | fiscal year under review, with the advice of the Local |
| 5 | | Government Advisory Board and a statewide CPA organization. |
| 6 | | (b) For all local governments, the AUPs shall be written |
| 7 | | by the Comptroller using plain language, insofar as |
| 8 | | practicable. The Comptroller shall write specific and |
| 9 | | objective procedures designed to be performed by a CPA firm |
| 10 | | over a completed fiscal year to provide factual findings |
| 11 | | regarding: |
| 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 |
| 8 | | deemed necessary to assess the accountability of responsible |
| 9 | | officials and management at the local government, after |
| 10 | | determining the perceived benefit of the additional |
| 11 | | accountability procedures outweigh the perceived costs to be |
| 12 | | incurred from implementing such procedures. |
| 13 | | Section 15-20. Agreed-upon procedures. |
| 14 | | (a) The Comptroller shall develop consistent AUPs specific |
| 15 | | to each redevelopment project under Division 74.4 of the |
| 16 | | Illinois Municipal Code or redevelopment project under |
| 17 | | Division 74.6 of the Illinois Municipal Code for the fiscal |
| 18 | | year under review, with the advice of the Local Government |
| 19 | | Advisory Board and a statewide CPA organization. |
| 20 | | (b) For all local governments, the AUPs shall be written |
| 21 | | by the Comptroller using plain language, insofar as |
| 22 | | practicable. The Comptroller shall write specific and |
| 23 | | objective procedures designed to be performed by a CPA firm |
| 24 | | over a completed fiscal year to provide factual findings |
| 25 | | regarding: |
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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 |
| 21 | | deemed necessary to assess the accountability of responsible |
| 22 | | officials and management at the local government about a |
| 23 | | redevelopment project under Division 74.4 of the Illinois |
| 24 | | Municipal Code or redevelopment project under Division 74.6 of |
| 25 | | the Illinois Municipal Code, after determining the perceived |
| 26 | | benefit of the additional accountability procedures outweigh |
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| 1 | | the perceived costs to be incurred from implementing such |
| 2 | | procedures. |
| 3 | | Section 15-25. Guidelines for circuit clerks. |
| 4 | | (a) The Comptroller shall develop, maintain, and publish |
| 5 | | the guidelines for circuit clerks, with the advice of the |
| 6 | | Local Government Advisory Board, the Administrative Office of |
| 7 | | the Illinois Courts, a Statewide organization representing |
| 8 | | circuit clerks, and a Statewide CPA organization. |
| 9 | | (b) For all fiscal years beginning after December 31, |
| 10 | | 2027, the Comptroller shall prescribe the format of the annual |
| 11 | | written report submitted by each county's independent CPA firm |
| 12 | | retained by the responsible officials under Article 5 prepared |
| 13 | | in accordance with the guidelines. |
| 14 | | (c) For all fiscal years beginning after December 31, |
| 15 | | 2027, the guidelines shall establish procedures for each |
| 16 | | county's independent CPA firm to conduct, for each fiscal |
| 17 | | year, a compliance examination under the attestation standards |
| 18 | | and 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, |
| 21 | | 2027, the guidelines shall require circuit clerks to prepare, |
| 22 | | for each fiscal year, a schedule of accountabilities under the |
| 23 | | cash basis of accounting which includes all accounts and funds |
| 24 | | where applicable laws, rules, regulations, and court orders |
| 25 | | require the circuit clerk to collect, hold, and disburse |
| 26 | | moneys to applicable parties or entities, excluding moneys |
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| 1 | | already on deposit in county accounts controlled by other |
| 2 | | county officials or funds used to finance the regular |
| 3 | | operations of the circuit clerk's office. |
| 4 | | (e) The guidelines shall prohibit the local government's |
| 5 | | independent CPA firm from gathering data, categorizing or |
| 6 | | organizing data, or preparing the schedule of |
| 7 | | accountabilities. |
| 8 | | (f) For all fiscal years beginning after December 31, |
| 9 | | 2027, the guidelines shall require the circuit clerk to |
| 10 | | furnish the draft schedule of accountabilities to the local |
| 11 | | government's independent CPA firm to examine the schedule of |
| 12 | | accountabilities. The guidelines shall require each county's |
| 13 | | independent CPA firm to conduct, for each fiscal year, a |
| 14 | | compliance examination to examine the schedule of |
| 15 | | accountabilities 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, |
| 3 | | 2027, the guidelines shall require each county's independent |
| 4 | | CPA firm to express an opinion on whether the schedule of |
| 5 | | accountabilities is fairly stated, in all material respects, |
| 6 | | in relation to the county's financial statements as a whole in |
| 7 | | accordance with GAAS. |
| 8 | | (h) For all fiscal years beginning after December 31, |
| 9 | | 2027, upon a written agreement between the Comptroller and the |
| 10 | | Administrative Office of the Illinois Courts, the guidelines |
| 11 | | may require each county's independent CPA firm to express an |
| 12 | | opinion on whether other reports used by the Administrative |
| 13 | | Office of the Illinois Courts are fairly stated, in all |
| 14 | | material respects, in relation to the county's financial |
| 15 | | statements as a whole in accordance with GAAS. |
| 16 | | Article 20. MISCELLANEOUS PROVISIONS |
| 17 | | Section 20-5. Assurances. Each local government shall |
| 18 | | establish and maintain a system, or systems, of internal |
| 19 | | fiscal and administrative controls, which shall provide |
| 20 | | assurance 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 |
| 12 | | segregation of duties to prevent conflicts of interest and |
| 13 | | ensure proper internal controls that its resources are used |
| 14 | | appropriately and financial transactions are properly |
| 15 | | authorized, recorded, and monitored. |
| 16 | | (b) In instances where segregation of duties is not |
| 17 | | feasible due to limited personnel or other operational |
| 18 | | constraints, each local government shall implement |
| 19 | | compensating controls to mitigate the risks associated with |
| 20 | | the lack of segregation. Such compensating controls shall be |
| 21 | | designed to provide a reasonable level of assurance that its |
| 22 | | resources are used appropriately and financial transactions |
| 23 | | are properly authorized, recorded, and monitored. |
| 24 | | Section 20-15. Capitalization threshold. |
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| 1 | | (a) The responsible officials of each local government |
| 2 | | shall establish a capitalization threshold for the various |
| 3 | | categories of capital assets and leased assets. |
| 4 | | (b) The responsible officials of each local government |
| 5 | | shall implement procedures for tracking, managing, and |
| 6 | | disposing of capital assets and leased assets that either (i) |
| 7 | | exceed the capitalization threshold established in subsection |
| 8 | | (a), or (ii) are tangible and movable assets subject to theft, |
| 9 | | regardless of original cost, including, but not limited to, |
| 10 | | tools, vehicles, weapons, and items that store data. |
| 11 | | (c) Each local government's responsible officials shall |
| 12 | | establish procedures for tracking, managing, and disposing of |
| 13 | | its capital assets and leased assets which either (i) exceed |
| 14 | | the capitalization threshold set in subsection (a) or (ii) are |
| 15 | | tangible and movable assets that are subject to theft |
| 16 | | regardless of original cost, including, but not limited to, |
| 17 | | tools, vehicles, and weapons or items that store data. |
| 18 | | Section 20-20. Audit committees. The responsible officials |
| 19 | | of a local government may establish and determine the duties |
| 20 | | and membership of an audit committee, so long as any duties and |
| 21 | | responsibilities of the audit committee do not conflict with |
| 22 | | this Act. |
| 23 | | Section 20-25. Delinquent reports. |
| 24 | | (a) If a local government fails to comply with the |
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| 1 | | requirements of this Act and is more than 270 days late in |
| 2 | | meeting its reporting obligations, after considering any |
| 3 | | extensions granted by the Comptroller, the Comptroller shall |
| 4 | | review the local government's actions. The review shall assess |
| 5 | | whether the local government is taking appropriate corrective |
| 6 | | action to bring itself into compliance with the provisions of |
| 7 | | this Act. |
| 8 | | (b) If the Comptroller's review determines the local |
| 9 | | government is implementing appropriate corrective action in a |
| 10 | | timely manner, the Comptroller shall communicate the delay in |
| 11 | | writing to the local government's responsible officials and |
| 12 | | the Comptroller shall post the written letter in the location |
| 13 | | where the local government's missing filing would otherwise |
| 14 | | have been posted within the Local Government Registry. |
| 15 | | Thereafter, the Comptroller shall review the local |
| 16 | | government'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 |
| 19 | | implementing appropriate corrective action in a timely manner. |
| 20 | | (c) If the Comptroller determines that the local |
| 21 | | government is not implementing appropriate corrective action |
| 22 | | in a timely manner, the Comptroller shall communicate the |
| 23 | | delay in writing to the local government's responsible |
| 24 | | officials and the Comptroller shall post the written letter in |
| 25 | | the location where the local government's missing filing would |
| 26 | | otherwise have been posted within the Local Government |
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| 1 | | Registry. |
| 2 | | (d) If the Comptroller determines that the local |
| 3 | | government is not implementing appropriate corrective action |
| 4 | | in a timely manner, the Comptroller shall request the Attorney |
| 5 | | General to seek an appropriate judicial remedy to compel the |
| 6 | | responsible officials and management of the local government |
| 7 | | to perform their duties under this Act in a timely manner. |
| 8 | | Section 20-30. Rules. The Comptroller shall adopt |
| 9 | | administrative rules pursuant to the Illinois Administrative |
| 10 | | Procedure Act to implement and enforce the provisions of this |
| 11 | | Act. |
| 12 | | Section 20-35. Other duties of responsible officials. This |
| 13 | | Act does not relieve any member of the responsible officials |
| 14 | | or management of a local government of any other duties |
| 15 | | required by law of that person with respect to the auditing of |
| 16 | | public accounts or the disbursement of public funds. |
| 17 | | Section 20-40. Reports to other State agencies. |
| 18 | | Notwithstanding any other provision to the contrary, any local |
| 19 | | government that files reports with the Comptroller in |
| 20 | | compliance with this Act shall not be required to file the same |
| 21 | | report with any State agencies as defined in the Illinois |
| 22 | | State Auditing Act. All state agencies may obtain copies of |
| 23 | | any report filed with the Comptroller in compliance with this |
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| 1 | | Act. |
| 2 | | Section 20-45. Effect on taxes. Failure of the responsible |
| 3 | | officials of any local government to comply with the |
| 4 | | provisions of this Act does not affect the legality of taxes |
| 5 | | levied for any of the funds of the local government. |
| 6 | | Section 20-50. Home rule. A home rule municipality may not |
| 7 | | regulate financial reporting in a manner inconsistent with |
| 8 | | this Act. This Act is a limitation under subsection (i) of |
| 9 | | Section 6 of Article VII of the Illinois Constitution on the |
| 10 | | concurrent exercise by home rule units of powers and functions |
| 11 | | exercised by the State. |
| 12 | | Article 900. |
| 13 | | Section 900-5. The Intergovernmental Cooperation Act is |
| 14 | | amended by changing Section 3.1 and by adding Section 10 as |
| 15 | | follows: |
| 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 |
| 19 | | county or counties of this State, any township in a county with |
| 20 | | a population under 700,000 of this State, any public water |
| 21 | | district or districts of this State, State university, or any |
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| 1 | | combination thereof may, by intergovernmental agreement, |
| 2 | | establish a Municipal Joint Action Water Agency to provide |
| 3 | | adequate supplies of water on an economical and efficient |
| 4 | | basis for member municipalities, public water districts and |
| 5 | | other incorporated and unincorporated areas within such |
| 6 | | counties. Any such Agency shall itself be a municipal |
| 7 | | corporation, public body politic and corporate. A Municipal |
| 8 | | Joint Action Water Agency so created shall not itself have |
| 9 | | taxing power except as hereinafter provided. |
| 10 | | A Municipal Joint Action Water Agency shall be established |
| 11 | | by an intergovernmental agreement among the various member |
| 12 | | municipalities, public water districts, townships, State |
| 13 | | universities, and counties, upon approval by an ordinance |
| 14 | | adopted by the corporate authorities of each member |
| 15 | | municipality, public water district, township, State |
| 16 | | university, or county. This agreement may be amended at any |
| 17 | | time upon the adoption of concurring ordinances by the |
| 18 | | corporate authorities of all member municipalities, public |
| 19 | | water districts, townships, State universities, and counties. |
| 20 | | The agreement may provide for additional municipalities, |
| 21 | | public water districts, any State universities, townships in |
| 22 | | counties with a population under 700,000, or counties to join |
| 23 | | the Agency upon adoption of an ordinance by the corporate |
| 24 | | authorities of the joining municipality, public water |
| 25 | | district, township, or county, and upon such consents, |
| 26 | | conditions and approvals of the governing body of the |
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| 1 | | Municipal Joint Action Water Agency and of existing member |
| 2 | | municipalities, public water districts, townships, State |
| 3 | | universities, and counties as shall be provided in the |
| 4 | | agreement. The agreement shall provide the manner and terms on |
| 5 | | which any municipality, public water district, township, or |
| 6 | | county may withdraw from membership in the Municipal Joint |
| 7 | | Action Water Agency and on which the Agency may terminate and |
| 8 | | dissolve in whole or in part. The agreement shall set forth the |
| 9 | | corporate name of the Municipal Joint Action Water Agency and |
| 10 | | its duration. Promptly upon any agreement establishing a |
| 11 | | Municipal Joint Action Water Agency being entered into, or |
| 12 | | upon the amending of any such agreement, a copy of such |
| 13 | | agreement or amendment shall be filed in the office of the |
| 14 | | Secretary of State of Illinois. Promptly upon the addition or |
| 15 | | withdrawal of any municipality, public water district, |
| 16 | | township in a county with a population under 700,000, or |
| 17 | | county, or upon the dissolution of a Municipal Joint Action |
| 18 | | Water Agency, that fact shall be certified by an officer of the |
| 19 | | Agency to the Secretary of State of Illinois. |
| 20 | | (b) The governing body of any Municipal Joint Action Water |
| 21 | | Agency established pursuant to this Section 3.1 shall be a |
| 22 | | Board of Directors. There shall be one Director from each |
| 23 | | member municipality, public water district, township, State |
| 24 | | university, and county of the Municipal Joint Action Water |
| 25 | | Agency appointed by ordinance of the corporate authorities of |
| 26 | | the municipality, public water district, township, or county. |
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| 1 | | Each Director shall have one vote, and shall meet the |
| 2 | | requirements 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 |
| 8 | | of the Municipal Joint Action Water Agency, shall approve the |
| 9 | | annual budget, shall make all appropriations (which may |
| 10 | | include appropriations made at any time in addition to those |
| 11 | | made in any annual appropriation document), shall approve all |
| 12 | | contracts for the purchase or sale of water, shall adopt any |
| 13 | | resolutions providing for the issuance of bonds or notes by |
| 14 | | the Agency, shall adopt its by-laws, rules and regulations, |
| 15 | | and shall have such other powers and duties as may be |
| 16 | | prescribed in the agreement. Such agreement may further |
| 17 | | specify those powers and actions of the Municipal Joint Action |
| 18 | | Water Agency which shall be authorized only upon votes of |
| 19 | | greater than a majority of all Directors or only upon consents |
| 20 | | of the corporate authorities of a certain number of member |
| 21 | | municipalities, public water districts, townships, State |
| 22 | | universities, or counties. |
| 23 | | The agreement may provide for the establishment of an |
| 24 | | Executive Committee to consist of the municipal manager or |
| 25 | | other elected or appointed official of each member |
| 26 | | municipality, public water district, township, State |
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| 1 | | university, or county, as designated by ordinance or other |
| 2 | | official action, from time to time by the corporate |
| 3 | | authorities of the member municipality, public water district, |
| 4 | | township, State university, or county, and may prescribe |
| 5 | | powers and duties of the Executive Committee for the efficient |
| 6 | | administration of the Agency. |
| 7 | | (c) A Municipal Joint Action Water Agency established |
| 8 | | pursuant to this Section 3.1 may plan, construct, improve, |
| 9 | | extend, acquire, finance (including the issuance of revenue |
| 10 | | bonds or notes as provided in this Section 3.1), operate, |
| 11 | | maintain, and contract for a joint waterworks or water supply |
| 12 | | system which may include, or may consist of, without |
| 13 | | limitation, facilities for receiving, storing, and |
| 14 | | transmitting water from any source for supplying water to |
| 15 | | member municipalities, public water districts, townships, or |
| 16 | | counties (including county special service areas created under |
| 17 | | the Special Service Area Tax Act and county service areas |
| 18 | | authorized under the Counties Code), or other public agencies, |
| 19 | | persons, or corporations. Facilities of the Municipal Joint |
| 20 | | Action Water Agency may be located within or without the |
| 21 | | corporate limits of any member municipality. |
| 22 | | A Municipal Joint Action Water Agency shall have such |
| 23 | | powers as shall be provided in the agreement establishing it, |
| 24 | | which may include, but need not be limited to, the following |
| 25 | | powers: |
| 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, |
| 19 | | State universities, or counties may, for the purposes of, and |
| 20 | | upon request by, the Municipal Joint Action Water Agency, |
| 21 | | exercise the power of eminent domain available to them, convey |
| 22 | | property so acquired to the Agency for the cost of |
| 23 | | acquisition, and be reimbursed for all expenses related to |
| 24 | | this exercise of eminent domain power on behalf of the Agency. |
| 25 | | All property, income and receipts of or transactions by a |
| 26 | | Municipal Joint Action Water Agency shall be exempt from all |
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| 1 | | taxation, the same as if it were the property, income or |
| 2 | | receipts of or transaction by the member municipalities, |
| 3 | | public water districts, townships, State universities, or |
| 4 | | counties. |
| 5 | | (d) A Municipal Joint Action Water Agency established |
| 6 | | pursuant to this Section 3.1 shall have the power to buy water |
| 7 | | and to enter into contracts with any person, corporation or |
| 8 | | public agency (including any member municipality, public water |
| 9 | | district, township, or county) for that purpose. Any such |
| 10 | | contract made by an Agency for a supply of water may contain |
| 11 | | provisions whereby the Agency is obligated to pay for the |
| 12 | | supply of water without setoff or counterclaim and |
| 13 | | irrespective of whether the supply of water is ever furnished, |
| 14 | | made available or delivered to the Agency or whether any |
| 15 | | project for the supply of water contemplated by any such |
| 16 | | contract is completed, operable or operating and |
| 17 | | notwithstanding any suspension, interruption, interference, |
| 18 | | reduction or curtailment of the supply of water from such |
| 19 | | project. Any such contract may provide that if one or more of |
| 20 | | the other purchasers defaults in the payment of its |
| 21 | | obligations under such contract or a similar contract made |
| 22 | | with the supplier of the water one or more of the remaining |
| 23 | | purchasers party to such contract or such similar contract |
| 24 | | shall be required to pay for all or a portion of the |
| 25 | | obligations of the defaulting purchasers. No such contract may |
| 26 | | have a term in excess of 50 years. |
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| 1 | | A Municipal Joint Action Water Agency shall have the power |
| 2 | | to sell water and to enter into contracts with any person, |
| 3 | | corporation or public agency (including any member |
| 4 | | municipality, any public water district, any township, any |
| 5 | | State university, or any county on behalf of a county service |
| 6 | | area as set forth in this Section) for that purpose. No such |
| 7 | | contract may have a term in excess of 50 years. Any such |
| 8 | | contract entered into to sell water to a public agency may |
| 9 | | provide that the payments to be made thereunder by such public |
| 10 | | agency shall be made solely from revenues to be derived by such |
| 11 | | public agency from the operation of its waterworks system or |
| 12 | | its combined waterworks and sewerage system. Any public agency |
| 13 | | so contracting to purchase water shall establish from time to |
| 14 | | time such fees and charges for its water service or combined |
| 15 | | water and sewer service as will produce revenues sufficient at |
| 16 | | all times to pay its obligations to the Agency under the |
| 17 | | purchase contract. Any such contract so providing shall not |
| 18 | | constitute indebtedness of such public agency so contracting |
| 19 | | to buy water within the meaning of any statutory or |
| 20 | | constitutional limitation. Any such contract of a public |
| 21 | | agency to buy water shall be a continuing, valid and binding |
| 22 | | obligation of such public agency payable from such revenues. |
| 23 | | A Municipal Joint Action Water Agency shall establish fees |
| 24 | | and charges for the purchase of water from it or for the use of |
| 25 | | its facilities. No prior appropriation shall be required by |
| 26 | | either the Municipal Joint Action Water Agency or any public |
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| 1 | | agency before entering into any contract authorized by this |
| 2 | | paragraph (d). |
| 3 | | The changes in this Section made by this amendatory Act of |
| 4 | | 1984 are intended to be declarative of existing law. |
| 5 | | (e) 1. A Municipal Joint Action Water Agency established |
| 6 | | pursuant to this Section 3.1 may, from time to time, borrow |
| 7 | | money and, in evidence of its obligation to repay the |
| 8 | | borrowing, issue its negotiable water revenue bonds or notes |
| 9 | | pursuant to this paragraph (e) for any of the following |
| 10 | | purposes: for paying costs of constructing, acquiring, |
| 11 | | improving or extending a joint waterworks or water supply |
| 12 | | system; for paying other expenses incident to or incurred in |
| 13 | | connection with such construction, acquisition, improvement or |
| 14 | | extension; for repaying advances made to or by the Agency for |
| 15 | | such purposes; for paying interest on the bonds or notes until |
| 16 | | the estimated date of completion of any such construction, |
| 17 | | acquisition, improvement or extension and for such period |
| 18 | | after the estimated completion date as the Board of Directors |
| 19 | | of the Agency shall determine; for paying financial, legal, |
| 20 | | administrative and other expenses of the authorization, |
| 21 | | issuance, sale or delivery of bonds or notes; for paying costs |
| 22 | | of insuring payment of the bonds or notes; for providing or |
| 23 | | increasing a debt service reserve fund with respect to any or |
| 24 | | all of the Agency's bonds or notes; and for paying, refunding |
| 25 | | or redeeming any of the Agency's bonds or notes before, after |
| 26 | | or at their maturity, including paying redemption premiums or |
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| 1 | | interest accruing or to accrue on such bonds or notes being |
| 2 | | paid or redeemed or for paying any other costs in connection |
| 3 | | with 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 |
| 6 | | authorized by a resolution of the Board of Directors of the |
| 7 | | Agency adopted by the affirmative vote of Directors from a |
| 8 | | majority of the member municipalities, public water districts, |
| 9 | | townships, State universities, and counties, and any |
| 10 | | additional requirements as may be set forth in the agreement |
| 11 | | establishing the Agency. The authorizing resolution may be |
| 12 | | effective immediately upon its adoption. The authorizing |
| 13 | | resolution shall describe in a general way any project |
| 14 | | contemplated to be financed by the bonds or notes, shall set |
| 15 | | forth the estimated cost of the project and shall determine |
| 16 | | its period of usefulness. The authorizing resolution shall |
| 17 | | determine the maturity or maturities of the bonds or notes, |
| 18 | | the rate or rates at which the bonds or notes are to bear |
| 19 | | interest and all the other terms and details of the bonds or |
| 20 | | notes. All such bonds or notes shall mature within the period |
| 21 | | of estimated usefulness of the project with respect to which |
| 22 | | such bonds or notes are issued, as determined by the Board of |
| 23 | | Directors, but in any event not more than 50 years from their |
| 24 | | date of issue. The bonds and notes may bear interest, payable |
| 25 | | at such times, at a rate or rates not exceeding the maximum |
| 26 | | rate established in the Bond Authorization Act, as from time |
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| 1 | | to time in effect. Bonds or notes of a Municipal Joint Action |
| 2 | | Water Agency shall be sold in such manner as the Board of |
| 3 | | Directors of the Agency shall determine, either at par or at a |
| 4 | | premium or discount, but such that the effective interest cost |
| 5 | | (excluding any redemption premium) to the Agency of the bonds |
| 6 | | or notes shall not exceed a rate equal to the rate of interest |
| 7 | | specified in the Act referred to in the preceding sentence. |
| 8 | | The resolution authorizing the issuance of any bonds or |
| 9 | | notes pursuant to this paragraph (e) shall constitute a |
| 10 | | contract with the holders of the bonds and notes. The |
| 11 | | resolution may contain such covenants and restrictions with |
| 12 | | respect to the purchase or sale of water by the Agency and the |
| 13 | | contracts for such purchases or sales, the operation of the |
| 14 | | joint waterworks system or water supply system, the issuance |
| 15 | | of additional bonds or notes by the Agency, the security for |
| 16 | | the bonds and notes, and any other matters, as may be deemed |
| 17 | | necessary or advisable by the Board of Directors to assure the |
| 18 | | payment of the bonds or notes of the Agency. |
| 19 | | 3. The resolution authorizing the issuance of bonds or |
| 20 | | notes by a Municipal Joint Action Water Agency shall pledge |
| 21 | | and provide for the application of revenues derived from the |
| 22 | | operation of the Agency's joint waterworks or water supply |
| 23 | | system (including from contracts for the sale of water by the |
| 24 | | Agency) and investment earnings thereon to the payment of the |
| 25 | | cost of operation and maintenance of the system (including |
| 26 | | costs of purchasing water), to provision of adequate |
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| 1 | | depreciation, reserve or replacement funds with respect to the |
| 2 | | system or the bonds or notes, and to the payment of principal, |
| 3 | | premium, if any, and interest on the bonds or notes of the |
| 4 | | Agency (including amounts for the purchase of such bonds or |
| 5 | | notes). The resolution shall provide that revenues of the |
| 6 | | Municipal Joint Action Water Agency so derived from the |
| 7 | | operation of the system, sufficient (together with other |
| 8 | | receipts of the Agency which may be applied to such purposes) |
| 9 | | to provide for such purposes, shall be set aside as collected |
| 10 | | in a separate fund or funds and used for such purposes. The |
| 11 | | resolution may provide that revenues not required for such |
| 12 | | purposes may be used for any proper purpose of the Agency or |
| 13 | | may be returned to member municipalities. |
| 14 | | Any notes of a Municipal Joint Action Water Agency issued |
| 15 | | in anticipation of the issuance of bonds by it may, in |
| 16 | | addition, be secured by a pledge of proceeds of bonds to be |
| 17 | | issued by the Agency, as specified in the resolution |
| 18 | | authorizing the issuance of such notes. |
| 19 | | 4. (i) Except as provided in clauses (ii) and (iii) of this |
| 20 | | subparagraph 4 of this paragraph (e), all bonds and notes of |
| 21 | | the Municipal Joint Action Water Agency issued pursuant to |
| 22 | | this paragraph (e) shall be revenue bonds or notes. Such |
| 23 | | revenue bonds or notes shall have no claim for payment other |
| 24 | | than from revenues of the Agency derived from the operation of |
| 25 | | its joint waterworks or water supply system (including from |
| 26 | | contracts for the sale of water by the Agency) and investment |
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| 1 | | earnings thereon, from bond or note proceeds and investment |
| 2 | | earnings thereon, or from such other receipts of the Agency as |
| 3 | | the agreement establishing the Agency may authorize to be |
| 4 | | pledged to the payment of revenue bonds or notes, all as and to |
| 5 | | the extent as provided in the resolution of the Board of |
| 6 | | Directors authorizing the issuance of the revenue bonds or |
| 7 | | notes. Revenue bonds or notes issued by a Municipal Joint |
| 8 | | Action Water Agency pursuant to this paragraph (e) shall not |
| 9 | | constitute an indebtedness of the Agency or of any member |
| 10 | | municipality, public water district, township, or county |
| 11 | | within the meaning of any constitutional or statutory |
| 12 | | limitation. It shall be plainly stated on each revenue bond |
| 13 | | and note that it does not constitute an indebtedness of the |
| 14 | | Municipal Joint Action Water Agency or of any member |
| 15 | | municipality, public water district, township, or county |
| 16 | | within the meaning of any constitutional or statutory |
| 17 | | limitation. |
| 18 | | (ii) If the Agreement so provides and subject to the |
| 19 | | referendum provided for in clause (iii) of this subparagraph 4 |
| 20 | | of this paragraph (e), the Municipal Joint Action Water Agency |
| 21 | | may borrow money for corporate purposes on the credit of the |
| 22 | | Municipal Joint Action Water Agency, and issue general |
| 23 | | obligation bonds therefor, in such amounts and form and on |
| 24 | | such conditions as it shall prescribe, but shall not become |
| 25 | | indebted in any manner or for any purpose in an amount |
| 26 | | including existing indebtedness in the aggregate which exceeds |
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| 1 | | 5.75% of the aggregate value of the taxable property within |
| 2 | | the boundaries of the participating municipalities, public |
| 3 | | water districts, townships, and county service areas within a |
| 4 | | member county determined by the governing body of the county |
| 5 | | by resolution to be served by the Municipal Joint Action Water |
| 6 | | Agency (including any territory added to the Agency after the |
| 7 | | issuance of such general obligation bonds), collectively |
| 8 | | defined as the "Service Area", as equalized and assessed by |
| 9 | | the Department of Revenue and as most recently available at |
| 10 | | the time of the issue of said bonds. Before or at the time of |
| 11 | | incurring any such general obligation indebtedness, the |
| 12 | | Municipal Joint Action Water Agency shall provide for the |
| 13 | | collection of a direct annual tax, which shall be unlimited as |
| 14 | | to rate or amount, sufficient to pay the interest on such debt |
| 15 | | as it falls due and also to pay and discharge the principal |
| 16 | | thereof at maturity, which shall be within 40 years after the |
| 17 | | date of issue thereof. Such tax shall be levied upon and |
| 18 | | collected from all of the taxable property within the |
| 19 | | territorial boundaries of such Service Area at the time of the |
| 20 | | referendum provided for in clause (iii) and shall be levied |
| 21 | | upon and collected from all taxable property within the |
| 22 | | boundaries of any territory subsequently added to the Service |
| 23 | | Area. Dissolution of the Municipal Joint Action Water Agency |
| 24 | | for any reason shall not relieve the taxable property within |
| 25 | | such Service Area from liability for such tax. Liability for |
| 26 | | such tax for property transferred to or released from such |
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| 1 | | Service Area shall be determined in the same manner as for |
| 2 | | general obligation bonds of such county, if in an |
| 3 | | unincorporated area, and of such municipality, if within the |
| 4 | | boundaries thereof. The clerk or other officer of the |
| 5 | | Municipal Joint Action Water Agency shall file a certified |
| 6 | | copy of the resolution or ordinance by which such bonds are |
| 7 | | authorized to be issued and such tax is levied with the County |
| 8 | | Clerk or Clerks of the county or counties containing the |
| 9 | | Service Area, and such filing shall constitute, without the |
| 10 | | doing of any other act, full and complete authority for such |
| 11 | | County Clerk or Clerks to extend such tax for collection upon |
| 12 | | all the taxable property within the Service Area subject to |
| 13 | | such tax in each and every year, as required, in amounts |
| 14 | | sufficient to pay the principal of and interest on such bonds, |
| 15 | | as aforesaid, without limit as to rate or amount. Such tax |
| 16 | | shall be in addition to and in excess of all other taxes |
| 17 | | authorized to be levied by the Municipal Joint Action Water |
| 18 | | Agency or by such county, municipality, township, or public |
| 19 | | water district. The issuance of such general obligation bonds |
| 20 | | shall be subject to the other provisions of this paragraph |
| 21 | | (e), except for the provisions of clause (i) of this |
| 22 | | subparagraph 4. |
| 23 | | (iii) No issue of general obligation bonds of the |
| 24 | | Municipal Joint Action Water Agency (except bonds to refund an |
| 25 | | existing bonded indebtedness) shall be authorized unless the |
| 26 | | Municipal Joint Action Water Agency certifies the proposition |
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| 1 | | of issuing such bonds to the proper election authorities, who |
| 2 | | shall submit the proposition to the voters in the Service Area |
| 3 | | at an election in accordance with the general election law, |
| 4 | | and the proposition has been approved by a majority of those |
| 5 | | voting on the proposition. |
| 6 | | The proposition shall be substantially in the following |
| 7 | | form: |
| 8 | | --------------------------------------------------------
|
| 9 | | Shall general obligation
|
| 10 | | bonds for the purpose of (state
|
| 11 | | purpose), in the sum not to
|
| 12 | | exceed $....(insert amount), Yes
|
| 13 | | be issued by the ......... ------------------------
|
| 14 | | (insert corporate name of the No
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| 15 | | Municipal Joint Action Water
|
| 16 | | Agency)?
|
| 17 | | ------------------------------------------------------------- |
| 18 | | 5. As long as any bonds or notes of a Municipal Joint |
| 19 | | Action Water Agency created pursuant to this Section 3.1 are |
| 20 | | outstanding and unpaid, the Agency shall not terminate or |
| 21 | | dissolve and, except as permitted by the resolution or |
| 22 | | resolutions authorizing outstanding bonds or notes, no member |
| 23 | | municipality, public water district, township, or county may |
| 24 | | withdraw from the Agency. While any such bonds or notes are |
| 25 | | outstanding, all contracts for the sale of water by the Agency |
| 26 | | to member municipalities, public water districts, townships, |
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| 1 | | or counties shall be irrevocable except as permitted by the |
| 2 | | resolution or resolutions authorizing such bonds or notes. The |
| 3 | | Agency shall establish fees and charges for its operations |
| 4 | | sufficient to provide adequate revenues to meet all of the |
| 5 | | requirements under its various resolutions authorizing bonds |
| 6 | | or notes. |
| 7 | | 6. A holder of any bond or note issued pursuant to this |
| 8 | | paragraph (e) may, in any civil action, mandamus or other |
| 9 | | proceeding, enforce and compel performance of all duties |
| 10 | | required to be performed by the Agency or such counties, as |
| 11 | | provided in the authorizing resolution, or by any of the |
| 12 | | public agencies contracting with the Agency to purchase water, |
| 13 | | including the imposition of fees and charges, the collection |
| 14 | | of sufficient revenues and the proper application of revenues |
| 15 | | as provided in this paragraph (e) and the levying, extension |
| 16 | | and collection of such taxes. |
| 17 | | 7. In addition, the resolution authorizing any bonds or |
| 18 | | notes issued pursuant to this paragraph (e) may provide for a |
| 19 | | pledge, assignment, lien or security interest, for the benefit |
| 20 | | of the holders of any or all bonds or notes of the Agency, (i) |
| 21 | | on any or all revenues derived from the operation of the joint |
| 22 | | waterworks or water supply system (including from contracts |
| 23 | | for the sale of water) and investment earnings thereon or (ii) |
| 24 | | on funds or accounts securing the payment of the bonds or notes |
| 25 | | as provided in the authorizing resolution. In addition, such a |
| 26 | | pledge, assignment, lien or security interest may be made with |
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| 1 | | respect to any receipts of the Agency which the agreement |
| 2 | | establishing the Agency authorizes it to apply to payment of |
| 3 | | bonds or notes. Any such pledge, assignment, lien or security |
| 4 | | interest for the benefit of holders of bonds or notes shall be |
| 5 | | valid and binding from the time the bonds or notes are issued, |
| 6 | | without any physical delivery or further act, and shall be |
| 7 | | valid and binding as against or prior to any claims of any |
| 8 | | other party having any claims of any kind against the Agency |
| 9 | | irrespective of whether such other parties have notice of such |
| 10 | | pledge, assignment, lien or security interest. |
| 11 | | A resolution of a Municipal Joint Water Agency authorizing |
| 12 | | the issuance of bonds or notes pursuant to this paragraph (e) |
| 13 | | may provide for the appointment of a corporate trustee with |
| 14 | | respect to any or all of such bonds or notes (which trustee may |
| 15 | | be any trust company or state or national bank having the power |
| 16 | | of a trust company within Illinois). In that event, the |
| 17 | | resolution shall prescribe the rights, duties and powers of |
| 18 | | the trustee to be exercised for the benefit of the Agency and |
| 19 | | the protection of the holders of such bonds or notes. The |
| 20 | | resolution may provide for the trustee to hold in trust, |
| 21 | | invest and use amounts in funds and accounts created as |
| 22 | | provided in the resolution. The resolution authorizing the |
| 23 | | bonds or notes may provide for the assignment and direct |
| 24 | | payment to the trustee of amounts owed by public agencies to |
| 25 | | the Municipal Joint Action Water Agency under water sales |
| 26 | | contracts for application by the trustee to the purposes for |
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| 1 | | which such revenues are to be used as provided in this |
| 2 | | paragraph (e) and as provided in the authorizing resolution. |
| 3 | | Upon receipt of notice of such assignment, the public agency |
| 4 | | shall thereafter make the assigned payments directly to such |
| 5 | | trustee. |
| 6 | | Nothing in this Section authorizes a Joint Action Water |
| 7 | | Agency to provide water service directly to residents within a |
| 8 | | municipality or in territory within one mile or less of the |
| 9 | | corporate limits of a municipality that operates a public |
| 10 | | water supply unless the municipality has consented in writing |
| 11 | | to such service being provided. |
| 12 | | (f) For fiscal years beginning before January 1, 2028, |
| 13 | | notwithstanding any other provision of law, the operations and |
| 14 | | fiscal activities of each municipal joint action water agency |
| 15 | | are subject to the Governmental Account Audit Act. |
| 16 | | (g) For fiscal years beginning after December 31, 2027, |
| 17 | | notwithstanding any other provision of law, the operations and |
| 18 | | fiscal activities of each municipal joint action water agency |
| 19 | | are subject to the Government Reporting Enhancement and |
| 20 | | Transparency 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 |
| 24 | | Act. |
| 25 | | (a) Any separate legal entity, whether currently existing |
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| 1 | | or created in the future, that is established by a public |
| 2 | | agency subject to the Government Reporting Enhancement and |
| 3 | | Transparency Act shall also be subject to the Government |
| 4 | | Reporting Enhancement and Transparency Act for fiscal years |
| 5 | | beginning after December 31, 2027. |
| 6 | | (b) For fiscal years ending before January 1, 2028, |
| 7 | | notwithstanding any other provision of law to the contrary, |
| 8 | | the operations and fiscal activities of the wastewater |
| 9 | | treatment authority established by the City of West Chicago |
| 10 | | and Village of Winfield shall be subject to the Governmental |
| 11 | | Account Audit Act. |
| 12 | | (c) For fiscal years beginning after December 31, 2027, |
| 13 | | the operations and fiscal activities of the wastewater |
| 14 | | treatment authority established by the City of West Chicago |
| 15 | | and Village of Winfield shall be subject to the Government |
| 16 | | Reporting Enhancement and Transparency Act. |
| 17 | | Section 900-10. The State Comptroller Act is amended by |
| 18 | | changing Section 23.7 as follows: |
| 19 | | (15 ILCS 405/23.7) |
| 20 | | Sec. 23.7. Comptroller; local government and school |
| 21 | | district registry. |
| 22 | | (a) Through December 31, 2027, the The Comptroller shall |
| 23 | | establish and maintain a registry of all units of local |
| 24 | | government and school districts within the State. Within 60 |
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| 1 | | days following the creation or dissolution of a unit of local |
| 2 | | government or school district, each county clerk shall provide |
| 3 | | to the Comptroller information for the registry in a manner |
| 4 | | prescribed by the Comptroller. Information in the registry may |
| 5 | | include, but shall not be limited to, the name, address, and |
| 6 | | type of government unit, the names of current elected or |
| 7 | | appointed office holders, and such other information as the |
| 8 | | Comptroller may determine. Each county clerk shall notify the |
| 9 | | Comptroller upon learning of the creation or dissolution of |
| 10 | | any unit of local government or school district. |
| 11 | | (b) On and after January 1, 2028, the Comptroller shall |
| 12 | | maintain a registry of local governments in accordance with |
| 13 | | the 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 |
| 16 | | Section 2-23 as follows: |
| 17 | | (35 ILCS 200/2-23 new) |
| 18 | | Sec. 2-23. Government Reporting Enhancement and |
| 19 | | Transparency Act. |
| 20 | | (a) For fiscal years ending before January 1, 2028, |
| 21 | | notwithstanding any other provision of law to the contrary, |
| 22 | | the operations and fiscal activities of each multi-township |
| 23 | | assessment district shall be subject to the Governmental |
| 24 | | Account Audit Act. |
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| 1 | | (b) For fiscal years beginning after December 31, 2027, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of each multi-township |
| 4 | | assessment district shall be subject to the Government |
| 5 | | Reporting 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 |
| 9 | | repealing Sections 30-30 and 30-31. |
| 10 | | Section 900-20. The Public Building Commission Act is |
| 11 | | amended by changing Section 10 as follows: |
| 12 | | (50 ILCS 20/10) (from Ch. 85, par. 1040) |
| 13 | | Sec. 10. Government Reporting Enhancement and Transparency |
| 14 | | Act. |
| 15 | | (a) A Public Building Commission shall provide for the |
| 16 | | proper safekeeping of its records, subject to the provisions |
| 17 | | of the "The Local Records Act", enacted by the Seventy-second |
| 18 | | General Assembly, and shall keep a minute book for the |
| 19 | | recording of the corporate action of the Board of |
| 20 | | Commissioners. A complete record of the meetings and |
| 21 | | proceedings of the Board of Commissioners shall be kept in |
| 22 | | such minute book and such minutes shall be signed by the |
| 23 | | Secretary of the Public Building Commission. The Commission |
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| 1 | | shall keep a true and accurate account of its receipts and |
| 2 | | disbursements and an annual audit shall be made of its books, |
| 3 | | records and accounts for fiscal years ending before January 1, |
| 4 | | 2028. The audit shall be presented annually for review to each |
| 5 | | governing body under whose resolution the Commission is |
| 6 | | organized. If an audit is not presented on an annual basis, any |
| 7 | | or all governing bodies under whose resolutions the Commission |
| 8 | | is organized may order their own audit of the Commission's |
| 9 | | books, records, and accounts. The Commission shall cooperate |
| 10 | | by providing all requested documentation. When an audit is |
| 11 | | conducted at the direction of a governing body, no more than |
| 12 | | one audit shall be conducted for all governing bodies under |
| 13 | | whose resolutions the Commission is organized and the audit |
| 14 | | shall be paid for from Commission funds. All officers and |
| 15 | | employees authorized to receive or retain the custody of money |
| 16 | | or to sign vouchers, checks, warrants, or evidences of |
| 17 | | indebtedness on behalf of the Commission, shall furnish surety |
| 18 | | bond for the faithful performance of their duties and the |
| 19 | | faithful accounting of all monies that may come into their |
| 20 | | hands, in an amount to be fixed and in a form to be approved by |
| 21 | | the Board of Commissioners. |
| 22 | | (b) For fiscal years beginning after December 31, 2027, |
| 23 | | notwithstanding any other provision of law to the contrary, |
| 24 | | the operations and fiscal activities of a Commission shall be |
| 25 | | subject to the Government Reporting Enhancement and |
| 26 | | Transparency Act. |
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| 1 | | (Source: P.A. 90-702, eff. 8-7-98.) |
| 2 | | Section 900-25. The Local Government Financial Statement |
| 3 | | Act 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 |
| 6 | | authorities of all counties and municipal corporations and all |
| 7 | | public officers who in the discharge of their official duties |
| 8 | | receive all or any part of their funds from the County |
| 9 | | Collector or the County Treasurer and all fee officers other |
| 10 | | than city or village treasurers or municipal officers who are |
| 11 | | required to file an annual report, which report is required to |
| 12 | | be published, shall furnish as herein provided, within 60 days |
| 13 | | after January 1st and July 1st of each year a sworn, detailed |
| 14 | | and itemized statement of all receipts and expenditures of any |
| 15 | | character for the preceding 6 months and showing the names, |
| 16 | | addresses, positions and salaries of every employee of the |
| 17 | | county office or municipal corporation. |
| 18 | | A copy of such statement shall be furnished for reference, |
| 19 | | on request, to all daily newspapers published in each city, in |
| 20 | | such county, and to the city library of each city. Copies shall |
| 21 | | also be furnished to the clerk of the circuit court or to the |
| 22 | | clerk of such municipal corporation, respectively, such copies |
| 23 | | to be kept available for inspection by persons applying |
| 24 | | therefor. The governing body of any such county or municipal |
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| 1 | | corporation may direct the publication of such reports, |
| 2 | | respectively, in one or more daily newspapers respectively |
| 3 | | published therein, and the city council of cities of 300,000 |
| 4 | | or more population shall so direct the publication thereof. |
| 5 | | Nothing in this Act shall apply to the corporate |
| 6 | | authorities or any officer of a county which has a population |
| 7 | | of more than 3,000,000. |
| 8 | | (Source: P.A. 86-412.) |
| 9 | | Section 900-30. The Governmental Account Audit Act is |
| 10 | | amended by changing Section 4.5 and by adding Sections 7.5 and |
| 11 | | 10.5 as follows: |
| 12 | | (50 ILCS 310/4.5) |
| 13 | | Sec. 4.5. Comptroller's Audit Expense Revolving Fund. |
| 14 | | There is created the Comptroller's Audit Expense Revolving |
| 15 | | Fund as a special fund to be held by the State Treasurer, ex |
| 16 | | officio, as custodian, but separate and apart from the funds |
| 17 | | in the State treasury. The following moneys shall be deposited |
| 18 | | into 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 |
| 3 | | signed by the Comptroller, for the sole purpose of paying the |
| 4 | | Comptroller's cost of performing audits and preparing or |
| 5 | | completing reports under Section 4 of this Act, Section |
| 6 | | 6-31004 of the Counties Code, or Section 8-8-4 of the Illinois |
| 7 | | Municipal Code. |
| 8 | | The State Treasurer shall invest moneys in the Fund in the |
| 9 | | same manner and subject to the same restrictions as moneys in |
| 10 | | the State treasury. |
| 11 | | Notwithstanding any other provision of law to the |
| 12 | | contrary, on June 30, 2030, or as soon thereafter as |
| 13 | | practical, the State Comptroller shall direct and the State |
| 14 | | Treasurer shall transfer the remaining balance from the |
| 15 | | Comptroller's Audit Expense Revolving Fund into the |
| 16 | | Comptroller's Administrative Fund. Upon completion of the |
| 17 | | transfer, the Comptroller's Audit Expense Revolving Fund is |
| 18 | | dissolved, and any future deposits due to that Fund and any |
| 19 | | outstanding obligations or liabilities of that Fund shall pass |
| 20 | | to 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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| 1 | | registered limited liability company, partnership, |
| 2 | | professional service corporation, or any other form of |
| 3 | | organization issued a license in accordance with the Illinois |
| 4 | | Public Accounting Act or a CPA firm authorized to use the CPA |
| 5 | | firm title under Section 5.2 of the Illinois Public Accounting |
| 6 | | Act. |
| 7 | | "Responsible officials" means the elected or appointed |
| 8 | | persons charged with governance and the responsibility for |
| 9 | | overseeing the strategic direction of the governmental unit |
| 10 | | and the obligations related to the accountability of the |
| 11 | | governmental unit. |
| 12 | | (b) On or after March 15, 2027, if a governmental unit |
| 13 | | fails to comply with the requirements of this Act or any other |
| 14 | | State law mandating the governmental unit to undergo an audit |
| 15 | | and is more than 63 days late in meeting its reporting |
| 16 | | obligations, after considering any extensions granted by the |
| 17 | | Comptroller, the Comptroller shall review the governmental |
| 18 | | unit's actions. The review shall assess whether the |
| 19 | | governmental unit is taking appropriate corrective action to |
| 20 | | bring itself into compliance with the provisions of this Act. |
| 21 | | (c) If the Comptroller's review determines the |
| 22 | | governmental unit is implementing appropriate corrective |
| 23 | | action 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 |
| 10 | | unit is not implementing appropriate corrective action in a |
| 11 | | timely manner, then the Comptroller shall communicate the |
| 12 | | delay in writing to the governmental unit's responsible |
| 13 | | officials and the Comptroller shall post the written letter on |
| 14 | | the Comptroller's primary website. |
| 15 | | (e) The Comptroller may waive, in whole or in part, the |
| 16 | | requirements of this Act or any other State law, except the |
| 17 | | requirements of the Government Reporting Enhancement and |
| 18 | | Transparency Act mandating the governmental unit to undergo an |
| 19 | | audit, if the waiver is granted in writing and sets forth the |
| 20 | | specific grounds supporting the determination. |
| 21 | | A written waiver may be granted upon a finding by the |
| 22 | | Comptroller that exigent circumstances exist that materially |
| 23 | | prevent the governmental unit from complying with the |
| 24 | | requirements of this Act or any other State law except the |
| 25 | | requirements of the Government Reporting Enhancement and |
| 26 | | Transparency Act mandating the governmental unit to undergo a |
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| 1 | | financial audit. Exigent circumstances include, but are not |
| 2 | | limited to, (i) the complete or substantial destruction of the |
| 3 | | governmental unit's financial or administrative records due to |
| 4 | | fire, flood, natural disaster, cyber incident, or other |
| 5 | | catastrophic event; (ii) the sudden dissolution, closure, or |
| 6 | | legal incapacity of the governmental unit; (iii) the seizure, |
| 7 | | impoundment, or restriction of access to records resulting |
| 8 | | from judicial authorized law enforcement activity; (iv) the |
| 9 | | existence of conditions that would materially limit, restrict, |
| 10 | | or impair the scope of the engagement such that it is |
| 11 | | impracticable or impossible to satisfy the requirements |
| 12 | | prescribed by this Act; or (v) any other extraordinary event |
| 13 | | or circumstance that renders compliance impracticable. |
| 14 | | Any written waiver granted by the Comptroller shall be |
| 15 | | limited in duration to the period reasonably necessary to |
| 16 | | address the exigent circumstances; to specify whether the |
| 17 | | written waiver applies to all or only certain requirements of |
| 18 | | the requirements of this Act or any other State law, except the |
| 19 | | requirements of the Government Reporting Enhancement and |
| 20 | | Transparency Act mandating the governmental unit to undergo a |
| 21 | | financial audit; and to include any conditions, alternative |
| 22 | | requirements, or remedial measures the Comptroller deems |
| 23 | | appropriate to protect the public interest. |
| 24 | | Any written waiver granted by the Comptroller shall be |
| 25 | | posted on the Comptroller's primary website and shall be |
| 26 | | delivered by certified mail, return receipt requested, to (i) |
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| 1 | | the responsible officials of the governmental unit and (ii) |
| 2 | | each member of the General Assembly whose legislative district |
| 3 | | includes all or any portion of the territory within the |
| 4 | | jurisdiction of the governmental unit. |
| 5 | | The Comptroller's determination under this Section is |
| 6 | | final. |
| 7 | | (50 ILCS 310/10.5 new) |
| 8 | | Sec. 10.5. Operability. Notwithstanding any other |
| 9 | | provision of this Act to the contrary, the provisions of this |
| 10 | | Act shall only apply to reports for fiscal years ending before |
| 11 | | January 1, 2028. |
| 12 | | Section 900-35. The Counties Code is amended by changing |
| 13 | | Sections 6-31003, 6-31004, 6-31005, 6-31006, 6-31008, 6-31009, |
| 14 | | 6-31010, 6-31011, 6-31012, and 6-31013 and by adding Section |
| 15 | | 6-31007 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 |
| 18 | | ending before January 1, 2028, The county board of each county |
| 19 | | shall cause an audit of all of the funds and accounts of the |
| 20 | | county to be performed annually by an auditor or auditors |
| 21 | | chosen by the county board or by an auditor or auditors |
| 22 | | retained by the Comptroller, as hereinafter provided. In |
| 23 | | addition, each county shall file with the Comptroller a |
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| 1 | | financial report containing information required by the |
| 2 | | Comptroller. Such financial report shall be on a form so |
| 3 | | designed by the Comptroller as not to require professional |
| 4 | | accounting services for its preparation. All audits and |
| 5 | | reports to be filed with the Comptroller under this Section |
| 6 | | must be submitted electronically and the Comptroller must post |
| 7 | | the audits and reports on the Internet no later than 45 days |
| 8 | | after they are received. If the county provides the |
| 9 | | Comptroller's Office with sufficient evidence that the audit |
| 10 | | or report cannot be filed electronically, the Comptroller may |
| 11 | | waive this requirement. The Comptroller must also post a list |
| 12 | | of counties that are not in compliance with the reporting |
| 13 | | requirements set forth in this Section. |
| 14 | | Any financial report under this Section shall include the |
| 15 | | name of the purchasing agent who oversees all competitively |
| 16 | | bid contracts. If there is no purchasing agent, the name of the |
| 17 | | person responsible for oversight of all competitively bid |
| 18 | | contracts shall be listed. |
| 19 | | The audit shall commence as soon as possible after the |
| 20 | | close of each fiscal year and shall be completed within 180 |
| 21 | | days after the close of such fiscal year, unless an extension |
| 22 | | of time is granted by the Comptroller in writing. Such |
| 23 | | extension of time shall not exceed 60 days. When the auditor or |
| 24 | | auditors have completed the audit a full report thereof shall |
| 25 | | be made and not less than 2 copies of each audit report shall |
| 26 | | be submitted to the county board. Each audit report shall be |
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| 1 | | signed by the auditor performing the audit and shall include |
| 2 | | only financial information, findings and conclusions that are |
| 3 | | adequately supported by evidence in the auditor's working |
| 4 | | papers to demonstrate or prove, when called upon, the basis |
| 5 | | for the matters reported and their correctness and |
| 6 | | reasonableness. In connection with this, each county board |
| 7 | | shall retain the right of inspection of the auditor's working |
| 8 | | papers and shall make them available to the Comptroller, or |
| 9 | | his designee, upon request. |
| 10 | | Within 60 days of receipt of an audit report, each county |
| 11 | | board shall file one copy of each audit report and each |
| 12 | | financial report with the Comptroller and any comment or |
| 13 | | explanation that the county board may desire to make |
| 14 | | concerning such audit report may be attached thereto. An audit |
| 15 | | report which fails to meet the requirements of this Division |
| 16 | | shall be rejected by the Comptroller and returned to the |
| 17 | | county board for corrective action. One copy of each such |
| 18 | | report shall be filed with the county clerk of the county so |
| 19 | | audited. |
| 20 | | This Section is a limitation under subsection (i) of |
| 21 | | Section 6 of Article VII of the Illinois Constitution on the |
| 22 | | concurrent exercise by home rule counties of powers and |
| 23 | | functions 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 |
| 3 | | filed with the Comptroller in accordance with Section 6-31003 |
| 4 | | within 180 days after the close of the fiscal year of the |
| 5 | | county, the Comptroller shall notify the county board in |
| 6 | | writing that the reports are due, and may also grant an |
| 7 | | extension of time of up to 60 days for the filing of the |
| 8 | | reports. In the event the required reports are not filed |
| 9 | | within the time specified in such written notice, the |
| 10 | | Comptroller shall cause the audit to be performed and the |
| 11 | | audit report prepared by an auditor or auditors. |
| 12 | | (b) The Comptroller may decline to order an audit and the |
| 13 | | preparation of an audit report if an initial examination of |
| 14 | | the books and records of the governmental unit indicates that |
| 15 | | the books and records of the governmental unit are inadequate |
| 16 | | or unavailable due to the passage of time or the occurrence of |
| 17 | | a natural disaster. |
| 18 | | (c) The State Comptroller may grant extensions for |
| 19 | | delinquent audits or reports. The Comptroller may charge a |
| 20 | | county a fee for a delinquent audit or report of $5 per day for |
| 21 | | the first 15 days past due, $10 per day for 16 through 30 days |
| 22 | | past due, $15 per day for 31 through 45 days past due, and $20 |
| 23 | | per day for the 46th day and every day thereafter. These |
| 24 | | amounts may be reduced at the Comptroller's discretion. All |
| 25 | | fees collected under this subsection (c) shall be deposited |
| 26 | | into the Comptroller's Administrative Fund. |
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| 1 | | (d) This Section only applies to audits for fiscal years |
| 2 | | ending 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 |
| 6 | | officials that leave office prior to January 1, 2027, in In |
| 7 | | addition to any other audit required by this Division, the |
| 8 | | County Board shall cause an audit to be made of all funds and |
| 9 | | accounts under the management or control of a county official |
| 10 | | as soon as possible after such official leaves office for any |
| 11 | | reason. The audit shall be filed with the county board not |
| 12 | | later than 180 days after the official leaves office. The |
| 13 | | audit shall be performed and the audit report shall be |
| 14 | | prepared and filed with the Chairman of the County Board by an |
| 15 | | auditor. |
| 16 | | As used in this Section, "county official" means any |
| 17 | | elected county officer or any officer appointed by the county |
| 18 | | board who is charged with the management or control of any |
| 19 | | county funds; and "audit" means a post facto examination of |
| 20 | | books, documents, records, and other evidence relating to the |
| 21 | | obligation, receipt, expenditure or use of public funds of the |
| 22 | | county, including governmental operations relating to such |
| 23 | | obligations, 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 |
| 4 | | contain statements that are in conformity with generally |
| 5 | | accepted public accounting principles or other comprehensive |
| 6 | | basis of accounting and shall set forth the financial position |
| 7 | | and the results of financial operations for each fund, |
| 8 | | account, and office of the county government. The audit report |
| 9 | | shall also include the professional opinion of the auditor or |
| 10 | | auditors with respect to the financial status and operations |
| 11 | | or, if an opinion cannot be expressed, a declaration that such |
| 12 | | auditor is unable to express such opinion and an explanation |
| 13 | | of the reasons he or she cannot do so. Each audit report shall |
| 14 | | include the certification of the auditor or auditors making |
| 15 | | the audit that the audit has been performed in compliance with |
| 16 | | generally accepted auditing standards. Each audit report filed |
| 17 | | with the Comptroller shall be accompanied by a copy of each |
| 18 | | official statement or other offering of materials prepared in |
| 19 | | connection with the issuance of indebtedness of the county |
| 20 | | since the filing of the last audit report. |
| 21 | | (b) For fiscal year 2019 and each fiscal year thereafter |
| 22 | | through the fiscal year ending immediately preceding January |
| 23 | | 1, 2028, the audit report shall contain statements that set |
| 24 | | forth the financial position and the results of financial |
| 25 | | operations for financial statements for governmental |
| 26 | | activities, business-type activities, discretely presented |
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| 1 | | component units, and each major fund and aggregated nonmajor |
| 2 | | funds for each fund, account, and office of the county |
| 3 | | government. The audit report shall include the professional |
| 4 | | opinion or opinions of an auditor or auditors with respect to |
| 5 | | the financial status and statements or, if an opinion cannot |
| 6 | | be expressed, a declaration that the auditor is unable to |
| 7 | | express an opinion and an explanation of the reasons he or she |
| 8 | | cannot do so. Each auditor's report shall include the |
| 9 | | representation of the auditor or auditors conducting the audit |
| 10 | | that the audit has been performed in accordance with generally |
| 11 | | accepted auditing standards. Each audit report filed with the |
| 12 | | Comptroller shall be accompanied by a copy of each official |
| 13 | | statement or other offering of materials prepared in |
| 14 | | connection with the issuance of indebtedness of the county |
| 15 | | since the filing of the last audit report. |
| 16 | | (c) For fiscal year 2019 and each fiscal year thereafter |
| 17 | | through the fiscal year ending immediately preceding January |
| 18 | | 1, 2028, audit reports shall contain financial statements |
| 19 | | prepared in accordance with generally accepted accounting |
| 20 | | principles and audited in conformity with generally accepted |
| 21 | | auditing standards if the last audit report filed preceding |
| 22 | | fiscal year 2019 expressed an unmodified or modified opinion |
| 23 | | by the auditor that the financial statements were presented in |
| 24 | | accordance with generally accepted accounting principles. |
| 25 | | (d) For fiscal year 2019 and each fiscal year thereafter |
| 26 | | through the fiscal year ending immediately preceding January |
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| 1 | | 1, 2028, audit reports containing financial statements |
| 2 | | prepared in accordance with an other comprehensive basis of |
| 3 | | accounting may follow the best practices and guidelines |
| 4 | | outlined by the American Institute of Certified Public |
| 5 | | Accountants and shall be audited in accordance with generally |
| 6 | | accepted auditing standards. If the county board of a county |
| 7 | | submits an audit report containing financial statements |
| 8 | | prepared in accordance with generally accepted accounting |
| 9 | | principles, thereafter all future audit reports shall also |
| 10 | | contain financial statements prepared in accordance with |
| 11 | | generally accepted accounting principles. |
| 12 | | (e) For fiscal years ending before January 1, 2028, audits |
| 13 | | Audits may be made on financial statements prepared using |
| 14 | | either an accrual or cash basis of accounting, depending upon |
| 15 | | the system followed by the county, and audit reports shall |
| 16 | | comply 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 |
| 21 | | election results after October 31, 2026, the county board |
| 22 | | chairperson, county board president, or county executive shall |
| 23 | | notify newly elected countywide officials of the option for an |
| 24 | | independent CPA or CPA firm, as those terms are defined in |
| 25 | | Section 0.03 of the Illinois Public Accounting Act, to conduct |
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| 1 | | transitional agreed-upon procedures at the county's expense. |
| 2 | | The county board shall pay all costs associated with these |
| 3 | | agreed-upon procedures. The agreed-upon procedures shall |
| 4 | | assist users in understanding if funds received or funds |
| 5 | | expended during the current fiscal year by the official for |
| 6 | | whom the newly elected official is taking over were consistent |
| 7 | | with the county board's financial allocations to that official |
| 8 | | and applicable laws, rules, and regulations. |
| 9 | | (b) A home rule county shall not regulate transitional |
| 10 | | agreed-upon engagements in a manner inconsistent with this |
| 11 | | Section. This Section is a limitation under subsection (i) of |
| 12 | | Section 6 of Article VII of the Illinois Constitution on the |
| 13 | | concurrent exercise by home rule units of powers and functions |
| 14 | | exercised 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 |
| 17 | | conducting the audit and making the required audit report or |
| 18 | | financial statement for each county, whether ordered by the |
| 19 | | county board or the Comptroller, shall be paid by the county |
| 20 | | and the county board shall make provisions for such payment. |
| 21 | | If the audit is made by an auditor or auditors retained by the |
| 22 | | Comptroller, the county, through the county board, shall pay |
| 23 | | to the Comptroller reasonable compensation and expenses to |
| 24 | | reimburse him for the cost of making such audit. Moneys paid to |
| 25 | | the Comptroller pursuant to the preceding sentence shall be |
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| 1 | | deposited into the Comptroller's Audit Expense Revolving Fund. |
| 2 | | Such expenses shall be paid from the general corporate |
| 3 | | fund of the county. |
| 4 | | Contracts for the performance of audits required by this |
| 5 | | Division may be entered into without competitive bidding. |
| 6 | | This Section only applies to fiscal years ending before |
| 7 | | January 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 |
| 11 | | before January 1, 2028, all All audit reports and financial |
| 12 | | statements are public records and shall be open to public |
| 13 | | inspection. The clerk of the county board shall furnish a copy |
| 14 | | of the audit report or financial statement to any person |
| 15 | | making a request and paying the fee therefor. The fee shall be |
| 16 | | set 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 |
| 20 | | Division and the Government Reporting Enhancement and |
| 21 | | Transparency Act shall not be construed to relieve any officer |
| 22 | | of any duty otherwise required of him by law with relation to |
| 23 | | the auditing, management, collection or disbursement of public |
| 24 | | funds. Failure of the county board to comply with any of the |
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| 1 | | provisions of this Division shall not affect the legality of |
| 2 | | any 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 |
| 6 | | of a county may establish an audit committee, and may appoint |
| 7 | | members of the corporate authority or other appropriate |
| 8 | | officers to the committee, to review audit reports prepared |
| 9 | | under this Division, the Government Reporting Enhancement and |
| 10 | | Transparency Act, and any other financial reports and |
| 11 | | documents, including management letters prepared by or on |
| 12 | | behalf 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 |
| 16 | | through the fiscal year ending immediately preceding January |
| 17 | | 1, 2028, within 60 days of the close of an audit under this |
| 18 | | Division, the auditor conducting the audit of all of the funds |
| 19 | | and 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 |
| 8 | | election results through October 31, 2026, the county board |
| 9 | | chairperson, county board president, or county executive shall |
| 10 | | notify newly elected countywide officials of the option for an |
| 11 | | auditor to conduct a transitional audit at the county's |
| 12 | | expense. An elected county auditor shall conduct the audit |
| 13 | | upon a request of the newly elected countywide official. In a |
| 14 | | county that does not have an elected county auditor, the newly |
| 15 | | elected countywide official may hire a qualified auditing |
| 16 | | firm. The county board shall pay all costs associated with an |
| 17 | | audit. The transitional audit shall examine funds expended by |
| 18 | | the official for whom the newly elected official is taking |
| 19 | | over and report if the expended funds were consistent with the |
| 20 | | county board's financial allocations to that official. |
| 21 | | (b) A county board shall give the option for a |
| 22 | | transitional financial audit to all county officials elected |
| 23 | | in or after November 2016 through September 30, 2026. |
| 24 | | (c) A home rule county shall not regulate transitional |
| 25 | | audits in a manner inconsistent with this Section. This |
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| 1 | | Section is a limitation under subsection (i) of Section 6 of |
| 2 | | Article VII of the Illinois Constitution on the concurrent |
| 3 | | exercise by home rule units of powers and functions exercised |
| 4 | | by the State. |
| 5 | | (Source: P.A. 101-544, eff. 8-23-19.) |
| 6 | | Section 900-40. The Township Code is amended by changing |
| 7 | | Sections 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 |
| 11 | | rejected, if any) shall be delivered with the certificate of |
| 12 | | the trustees (or a majority of them) to the township clerk, who |
| 13 | | shall keep them on file for the inspection of any of the |
| 14 | | inhabitants of the township. They shall also be produced by |
| 15 | | the township clerk at the next annual meeting and shall be read |
| 16 | | at the meeting by the clerk. |
| 17 | | (b) For fiscal years ending before January 1, 2028, in In |
| 18 | | townships that receive revenue of $850,000 or more during any |
| 19 | | fiscal year, exclusive of road funds, the township board shall |
| 20 | | have the accounts and all records of the township thoroughly |
| 21 | | audited by a certified public accountant within 6 months after |
| 22 | | the close of each fiscal year. The board shall have a copy of |
| 23 | | the accountant's report and recommendations filed with the |
| 24 | | township clerk and another copy filed with the county clerk |
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| 1 | | for public inspection. |
| 2 | | (c) For fiscal years ending before January 1, 2028, in In |
| 3 | | townships that receive revenue of less than $850,000 during |
| 4 | | any fiscal year, exclusive of road funds, the township board |
| 5 | | shall have the accounts and all records of the township |
| 6 | | audited and inspected by an independent auditing committee |
| 7 | | composed of 3 township electors chosen by the board. The audit |
| 8 | | shall be completed within 6 months after the close of each |
| 9 | | fiscal year. A copy of the auditing committee's report and |
| 10 | | recommendations shall be filed with the township clerk and |
| 11 | | another copy shall be filed with the county clerk for public |
| 12 | | inspection. The auditing committee shall not contain any |
| 13 | | member of the township board or any person related to a |
| 14 | | trustee. Members of the auditing committee shall be proficient |
| 15 | | in accounting principles and practices and shall be |
| 16 | | compensated at a rate determined by the township board but not |
| 17 | | to exceed $50 per day. In addition to the other audit |
| 18 | | requirements imposed by law, in townships subject to this |
| 19 | | subsection, the township board shall have the accounts and all |
| 20 | | records of the township thoroughly audited by a certified |
| 21 | | public accountant within 6 months after (i) the end of each |
| 22 | | term of office of the township supervisor and (ii) a vacancy |
| 23 | | occurs in the office of township supervisor. A copy of the |
| 24 | | accountant's report and recommendations shall be filed with |
| 25 | | the township clerk and another copy shall be filed with the |
| 26 | | county clerk for public inspection. |
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| 1 | | (d) For fiscal years beginning after December 31, 2027, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of each township and road |
| 4 | | district comprised of a single township shall be combined and |
| 5 | | shall be subject to the Government Reporting Enhancement and |
| 6 | | Transparency 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 |
| 10 | | with the Governmental Account Audit Act for fiscal years |
| 11 | | ending 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 |
| 16 | | the provisions of this Article shall maintain a proper system |
| 17 | | of accounts showing the receipts from the operation of the |
| 18 | | system and the application of those receipts and shall at |
| 19 | | least once each year cause the accounts to be properly audited |
| 20 | | by independent public accountants for fiscal years ending |
| 21 | | before January 1, 2028. Copies of the audits shall be filed in |
| 22 | | the office of the township clerk and shall be made available |
| 23 | | for inspection at all proper times by any water user, township |
| 24 | | board member, or other interested person. |
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| 1 | | (b) For fiscal years beginning after December 31, 2027, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of each waterworks |
| 4 | | system, sewerage system, combined waterworks and sewerage |
| 5 | | system, or system shall be combined with the township and |
| 6 | | shall be subject to the Government Reporting Enhancement and |
| 7 | | Transparency Act. |
| 8 | | (Source: P.A. 82-783; 88-62.) |
| 9 | | Section 900-45. The Illinois Municipal Code is amended by |
| 10 | | changing Sections 3.1-35-115, 4-5-16, 8-8-3, 8-8-3.5, 8-8-4, |
| 11 | | 8-8-5, 8-8-7, 8-8-8, 8-8-10, 8-8-10.5, 8-12-15, 11-10-2, |
| 12 | | 11-65-9, 11-74.4-5, 11-74.4-8a, 11-74.6-22, 11-94-5, |
| 13 | | 11-117-13, 11-119.1-4, 11-119.2-4, 11-122-5, 11-123-14, |
| 14 | | 11-130-11, 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 |
| 18 | | municipality (and if not, then the municipal clerk), shall |
| 19 | | exercise a general supervision over all the officers of the |
| 20 | | municipality charged in any manner with the receipt, |
| 21 | | collection, or disbursement of the municipal revenue, or with |
| 22 | | the collection and return of the municipal revenue, or with |
| 23 | | the collection and return of the municipal revenue into the |
| 24 | | treasury. |
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| 1 | | (b) The comptroller shall have custody and control of all |
| 2 | | municipal documents, books, and papers designated by the |
| 3 | | corporate authorities. |
| 4 | | (c) On or before May 15 of each year, and before the annual |
| 5 | | appropriation ordinance is prepared by the corporate |
| 6 | | authorities, the comptroller shall submit to the corporate |
| 7 | | authorities a report of the comptroller's estimate, as nearly |
| 8 | | as may be, of the money necessary to defray the expenses of the |
| 9 | | municipality during the current fiscal year. For the purpose |
| 10 | | of making this report, the comptroller is authorized to |
| 11 | | require all officers to submit statements of the condition and |
| 12 | | expenses of their respective offices or departments, with any |
| 13 | | proposed municipal improvements and the probable expense of |
| 14 | | those improvements, all unperformed contracts, and the amount |
| 15 | | of all unexpended appropriations of the preceding year. |
| 16 | | (d) In this report, the comptroller shall (i) classify the |
| 17 | | different objects and purposes of expenditure, giving, as |
| 18 | | nearly as may be, the amount required for each, (ii) show the |
| 19 | | aggregate income of the preceding fiscal year, from all |
| 20 | | sources, (iii) show the amount of liabilities upon which |
| 21 | | interest is to be paid, (iv) show the bonds and debts payable |
| 22 | | during the year, when due and payable, and (v) give all other |
| 23 | | information to the corporate authorities the comptroller deems |
| 24 | | necessary, so that the corporate authorities may fully |
| 25 | | understand the demands upon the municipality for the current |
| 26 | | fiscal year. |
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| 1 | | (e) In municipalities of 500,000 or more inhabitants, the |
| 2 | | preparation of the report required by this Section and its |
| 3 | | form and substance, including the classification of the |
| 4 | | different objects and purposes of expenditures, shall be |
| 5 | | performed by the budget director of the municipality. For |
| 6 | | fiscal years ending before January 1, 2028, in In those |
| 7 | | municipalities the comptroller shall prepare an annual |
| 8 | | post-audit of all funds for the preceding year which shall be |
| 9 | | known as the "comptroller's report", a copy of which shall be |
| 10 | | sent 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; |
| 14 | | examination of books and accounts; expenditure greater than |
| 15 | | appropriation. |
| 16 | | (a) For fiscal years ending before January 1, 2028, in In |
| 17 | | municipalities with 25,000 or more inhabitants, the council |
| 18 | | each month shall print in pamphlet form, a detailed itemized |
| 19 | | statement of all receipts and expenses of the municipality and |
| 20 | | a summary of its proceedings during the preceding month. For |
| 21 | | fiscal years ending before January 1, 2028, in In |
| 22 | | municipalities with fewer than 25,000 inhabitants, the council |
| 23 | | shall print a similar statement annually instead of monthly. |
| 24 | | The 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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| 1 | | daily and weekly newspapers with a general circulation in the |
| 2 | | municipality, and (iv) persons who apply for a copy at the |
| 3 | | office of the municipal clerk. |
| 4 | | (b) For fiscal years ending before January 1, 2028, at At |
| 5 | | the end of each fiscal year, the council shall have licensed |
| 6 | | Certified Public Accountants permitted to perform audits under |
| 7 | | the Illinois Public Accounting Act make a full and complete |
| 8 | | examination of all books and accounts of the municipality and |
| 9 | | shall distribute the result of that examination in the manner |
| 10 | | provided in this Section. |
| 11 | | (c) It is unlawful for the council or any commissioner to |
| 12 | | expend, directly or indirectly, a greater amount for any |
| 13 | | municipal purpose than the amount appropriated for that |
| 14 | | purpose in the annual appropriation ordinance passed for that |
| 15 | | fiscal year. A violation of this provision by any member of the |
| 16 | | council 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 |
| 21 | | under the provisions of this Division 8 shall cause an audit of |
| 22 | | the funds and accounts of the municipality to be made by an |
| 23 | | auditor or auditors employed by such municipality or by an |
| 24 | | auditor or auditors retained by the Comptroller, as |
| 25 | | hereinafter provided. |
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| 1 | | (b) Until Fiscal Year 2027, the accounts and funds of each |
| 2 | | municipality having a population of 800 or more or having a |
| 3 | | bonded debt or owning or operating any type of public utility |
| 4 | | shall be audited annually. The audit herein required shall |
| 5 | | include all of the accounts and funds of the municipality. |
| 6 | | Such audit shall be begun as soon as possible after the close |
| 7 | | of the fiscal year, and shall be completed and the report |
| 8 | | submitted within 180 days after the close of such fiscal year, |
| 9 | | unless an extension of time shall be granted by the |
| 10 | | Comptroller in writing. The auditor or auditors performing |
| 11 | | perform the audit shall submit not less than 2 copies of the |
| 12 | | audit report to the corporate authorities of the municipality |
| 13 | | being audited. Municipalities not operating utilities may |
| 14 | | cause audits of the accounts of municipalities to be made more |
| 15 | | often than herein provided, by an auditor or auditors. The |
| 16 | | audit report of such audit when filed with the Comptroller |
| 17 | | together with an audit report covering the remainder of the |
| 18 | | period for which an audit is required to be filed hereunder |
| 19 | | shall satisfy the requirements of this Section section. This |
| 20 | | subsection (b) becomes inoperative inoperable in Fiscal Year |
| 21 | | 2027. |
| 22 | | (c) Until Fiscal Year 2027, municipalities of less than |
| 23 | | 800 population which do not own or operate public utilities |
| 24 | | and do not have bonded debt, shall file annually with the |
| 25 | | Comptroller a financial report containing information required |
| 26 | | by the Comptroller. Such annual financial report shall be on |
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| 1 | | forms devised by the Comptroller in such manner as to not |
| 2 | | require professional accounting services for its preparation. |
| 3 | | This subsection (c) becomes inoperative inoperable in Fiscal |
| 4 | | Year 2027. |
| 5 | | (d) Until Fiscal Year 2027, in addition to any audit |
| 6 | | report required, all municipalities, except municipalities of |
| 7 | | less than 800 population which do not own or operate public |
| 8 | | utilities and do not have bonded debt, shall file annually |
| 9 | | with the Comptroller a supplemental report on forms devised |
| 10 | | and approved by the Comptroller. This subsection (d) becomes |
| 11 | | inoperative inoperable in Fiscal Year 2027. |
| 12 | | (e) Until Fiscal Year 2027, notwithstanding any provision |
| 13 | | of law to the contrary, if a municipality (i) has a population |
| 14 | | of less than 200, (ii) has bonded debt in the amount of $50,000 |
| 15 | | or less, and (iii) owns or operates a public utility, then the |
| 16 | | municipality shall cause an audit of the funds and accounts of |
| 17 | | the municipality to be performed by an auditor employed by the |
| 18 | | municipality or retained by the Comptroller for fiscal year |
| 19 | | 2011 and every fourth fiscal year thereafter or until the |
| 20 | | municipality has a population of 200 or more, has bonded debt |
| 21 | | in excess of $50,000, or no longer owns or operates a public |
| 22 | | utility. Nothing in this subsection shall be construed as |
| 23 | | limiting the municipality's duty to file an annual financial |
| 24 | | report with the Comptroller or to comply with the filing |
| 25 | | requirements concerning the county clerk. This subsection (e) |
| 26 | | becomes inoperative inoperable in Fiscal Year 2027. |
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| 1 | | (f) All audits and reports to be filed with the |
| 2 | | Comptroller under this Section must be submitted |
| 3 | | electronically and the Comptroller must post the audits and |
| 4 | | reports on the Internet no later than 45 days after they are |
| 5 | | received. If the municipality provides the Comptroller's |
| 6 | | Office with sufficient evidence that the audit or report |
| 7 | | cannot be filed electronically, the Comptroller may waive this |
| 8 | | requirement. The Comptroller must also post a list of |
| 9 | | municipalities that are not in compliance with the reporting |
| 10 | | requirements set forth in this Section. |
| 11 | | (g) Subsection (f) of this Section is a limitation under |
| 12 | | subsection (i) of Section 6 of Article VII of the Illinois |
| 13 | | Constitution on the concurrent exercise by home rule |
| 14 | | municipalities of powers and functions exercised by the State. |
| 15 | | (h) Any financial report under this Section shall include |
| 16 | | the name of the purchasing agent who oversees all |
| 17 | | competitively bid contracts. If there is no purchasing agent, |
| 18 | | the name of the person responsible for oversight of all |
| 19 | | competitively bid contracts shall be listed. |
| 20 | | (i) Beginning in Fiscal Year 2027, if a municipality has a |
| 21 | | population of less than 1,000, does not own or operate public |
| 22 | | utilities, and does not have bonded debt, then the |
| 23 | | municipality shall file annually with the Comptroller an |
| 24 | | annual financial report. |
| 25 | | (j) Beginning in Fiscal Year 2027, a municipality with a |
| 26 | | population of less than 1,000 shall annually file an annual |
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| 1 | | financial report with the Comptroller if the municipality owns |
| 2 | | or operates public utilities or has bonded debt. Additionally, |
| 3 | | the municipality shall file an audit report once every 4 years |
| 4 | | unless the latest audit report filed with the Comptroller |
| 5 | | contains an adverse opinion or disclaimer of opinion. If the |
| 6 | | audit report contains an adverse opinion or disclaimer of |
| 7 | | opinion, then the municipality shall file an audit report |
| 8 | | annually until the audit report shows no adverse opinion or |
| 9 | | disclaimer of opinion. |
| 10 | | (k) Beginning in Fiscal Year 2027, if a municipality has a |
| 11 | | population of 1,000 or more, then the municipality shall file |
| 12 | | annually with the Comptroller an audit report and annual |
| 13 | | financial report. |
| 14 | | (l) Beginning in Fiscal Year 2027, municipalities shall |
| 15 | | submit completed audit reports and annual financial reports |
| 16 | | within 180 days after the close of such fiscal year, unless an |
| 17 | | extension is granted by the Comptroller in writing. The |
| 18 | | auditor performing the audit shall submit not less than 2 |
| 19 | | copies of the audit report to the corporate authorities of the |
| 20 | | municipality being audited. The audit report of such audit |
| 21 | | when filed with the Comptroller together with an audit report |
| 22 | | covering the remainder of the period for which an audit is |
| 23 | | required to be filed under this Section shall satisfy the |
| 24 | | requirements of this Section. |
| 25 | | This Section only applies to fiscal years ending before |
| 26 | | January 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 |
| 4 | | filed under subsection (d) of Section 11-74.4-5 of the Tax |
| 5 | | Increment Allocation Redevelopment Act and the reports filed |
| 6 | | under subsection (d) of Section 11-74.6-22 of the Industrial |
| 7 | | Jobs Recovery Law in the Illinois Municipal Code must be |
| 8 | | separate from any other annual report filed with the |
| 9 | | Comptroller. The Comptroller must, in cooperation with |
| 10 | | reporting municipalities, create a format for the reporting of |
| 11 | | information described in paragraphs (1.5), (5), and (8) and in |
| 12 | | subparagraph (G) of paragraph (7) of subsection (d) of Section |
| 13 | | 11-74.4-5 of the Tax Increment Allocation Redevelopment Act |
| 14 | | and the information described in paragraphs (1.5), (5), and |
| 15 | | (8) and in subparagraph (G) of paragraph (7) of subsection (d) |
| 16 | | of Section 11-74.6-22 of the Industrial Jobs Recovery Law that |
| 17 | | facilitates consistent reporting among the reporting |
| 18 | | municipalities. The Comptroller may allow these reports to be |
| 19 | | filed electronically and may display the report, or portions |
| 20 | | of the report, electronically via the Internet. All reports |
| 21 | | filed under this Section must be made available for |
| 22 | | examination and copying by the public at all reasonable times. |
| 23 | | A Tax Increment Financing Report must be filed electronically |
| 24 | | with the Comptroller within 180 days after the close of the |
| 25 | | municipal fiscal year or as soon thereafter as the audit for |
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| 1 | | the redevelopment project area for that fiscal year becomes |
| 2 | | available. If the Tax Increment Finance administrator provides |
| 3 | | the Comptroller's office with sufficient evidence that the |
| 4 | | report is in the process of being completed by an auditor, the |
| 5 | | Comptroller may grant an extension. If the required report is |
| 6 | | not filed within the time extended by the Comptroller, the |
| 7 | | Comptroller shall notify the corporate authorities of that |
| 8 | | municipality that the audit report is past due. The |
| 9 | | Comptroller may charge a municipality a fee of $5 per day for |
| 10 | | the first 15 days past due, $10 per day for 16 through 30 days |
| 11 | | past due, $15 per day for 31 through 45 days past due, and $20 |
| 12 | | per day for the 46th day and every day thereafter. These |
| 13 | | amounts may be reduced at the Comptroller's discretion. In the |
| 14 | | event the required audit report is not filed within 60 days of |
| 15 | | such notice, the Comptroller shall cause such audit to be made |
| 16 | | by an auditor or auditors. The Comptroller may decline to |
| 17 | | order an audit and the preparation of an audit report if an |
| 18 | | initial examination of the books and records of the |
| 19 | | municipality indicates that books and records of the |
| 20 | | municipality are inadequate or unavailable to support the |
| 21 | | preparation of the audit report or the supplemental report due |
| 22 | | to the passage of time or the occurrence of a natural disaster. |
| 23 | | All fees collected pursuant to this Section shall be deposited |
| 24 | | into the Comptroller's Administrative Fund. In the event the |
| 25 | | Comptroller causes an audit to be made in accordance with the |
| 26 | | requirements of this Section, the municipality shall pay to |
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| 1 | | the Comptroller reasonable compensation and expenses to |
| 2 | | reimburse her for the cost of preparing or completing such |
| 3 | | report. Moneys paid to the Comptroller pursuant to the |
| 4 | | preceding sentence shall be deposited into the Comptroller's |
| 5 | | Audit Expense Revolving Fund. |
| 6 | | This Section only applies to fiscal years ending before |
| 7 | | January 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 |
| 12 | | municipality is not filed with the Comptroller in accordance |
| 13 | | with Section 8-8-7 within 180 days after the close of the |
| 14 | | fiscal year of the municipality, the Comptroller shall notify |
| 15 | | the corporate authorities of that municipality in writing that |
| 16 | | the audit report is due, and may also grant an extension of |
| 17 | | time of 60 days, for the filing of the audit report. In the |
| 18 | | event the required audit report is not filed within the time |
| 19 | | specified in such written notice, the Comptroller shall cause |
| 20 | | such audit to be made by an auditor or auditors. In the event |
| 21 | | the required annual or supplemental report for a municipality |
| 22 | | is not filed within 6 months after the close of the fiscal year |
| 23 | | of the municipality, the Comptroller shall notify the |
| 24 | | corporate authorities of that municipality in writing that the |
| 25 | | annual or supplemental report is due and may grant an |
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| 1 | | extension in time of 60 days for the filing of such annual or |
| 2 | | supplemental report. |
| 3 | | (b) In the event the annual or supplemental report is not |
| 4 | | filed within the time extended by the Comptroller, the |
| 5 | | Comptroller shall cause such annual or supplemental report to |
| 6 | | be prepared or completed and the municipality shall pay to the |
| 7 | | Comptroller reasonable compensation and expenses to reimburse |
| 8 | | him for the cost of preparing or completing such annual or |
| 9 | | supplemental report. Moneys paid to the Comptroller pursuant |
| 10 | | to the preceding sentence shall be deposited into the |
| 11 | | Comptroller's Audit Expense Revolving Fund. |
| 12 | | (c) The Comptroller may decline to order an audit or the |
| 13 | | completion of the supplemental report if an initial |
| 14 | | examination of the books and records of the municipality |
| 15 | | indicates that books and records of the municipality are |
| 16 | | inadequate or unavailable to support the preparation of the |
| 17 | | audit report or the supplemental report due to the passage of |
| 18 | | time or the occurrence of a natural disaster. |
| 19 | | (d) The State Comptroller may grant extensions for |
| 20 | | delinquent audits or reports. The Comptroller may charge a |
| 21 | | municipality a fee for a delinquent audit or report of $5 per |
| 22 | | day for the first 15 days past due, $10 per day for 16 through |
| 23 | | 30 days past due, $15 per day for 31 through 45 days past due, |
| 24 | | and $20 per day for the 46th day and every day thereafter. |
| 25 | | These amounts may be reduced at the Comptroller's discretion. |
| 26 | | All fees collected under this subsection (d) shall be |
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| 1 | | deposited into the Comptroller's Administrative Fund. |
| 2 | | (e) This Section only applies to fiscal years ending |
| 3 | | before 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 |
| 7 | | be made in accordance with generally accepted auditing |
| 8 | | standards. Reporting on the financial position and results of |
| 9 | | financial operations for each fund of the municipality shall |
| 10 | | be in accordance with generally accepted accounting principles |
| 11 | | or other comprehensive basis of accounting. Each audit report |
| 12 | | shall include only financial information, findings, and |
| 13 | | conclusions that are adequately supported by evidence in the |
| 14 | | auditor's working papers to demonstrate or prove, when called |
| 15 | | upon, the basis for the matters reported and their correctness |
| 16 | | and reasonableness. In connection with this, each municipality |
| 17 | | shall retain the right of inspection of the auditor's working |
| 18 | | papers and shall make them available to the Comptroller, or |
| 19 | | his or her designee, upon request. The audit report shall |
| 20 | | consist of the professional opinion of the auditor or auditors |
| 21 | | with respect to the financial statements or, if an opinion |
| 22 | | cannot be expressed, a declaration that the auditor is unable |
| 23 | | to express such opinion and an explanation of the reasons he or |
| 24 | | she cannot do so. Municipal authorities shall not impose |
| 25 | | limitations on the scope of the audit to the extent that the |
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| 1 | | effect of such limitations will result in the qualification of |
| 2 | | the opinion of the auditor or auditors. Each audit report |
| 3 | | filed with the Comptroller shall be accompanied by a copy of |
| 4 | | each official statement or other offering of materials |
| 5 | | prepared in connection with the issuance of indebtedness of |
| 6 | | the municipality since the filing of the last audit report. |
| 7 | | (b) For fiscal year 2019 and each fiscal year thereafter, |
| 8 | | the audit report shall include the financial statements for |
| 9 | | governmental activities, business-type activities, discretely |
| 10 | | presented component units, and each major fund and aggregated |
| 11 | | nonmajor fund. The audit report shall also include the |
| 12 | | professional opinion or opinions of the auditor or auditors |
| 13 | | with respect to the financial statements or, if an opinion |
| 14 | | cannot be expressed, a declaration that the auditor is unable |
| 15 | | to express an opinion and an explanation of the reasons he or |
| 16 | | she cannot do so. Each auditor's report shall include a |
| 17 | | representation by the auditor or auditors conducting the audit |
| 18 | | has been performed in accordance with generally accepted |
| 19 | | auditing standards. Municipal authorities shall not impose |
| 20 | | limitations on the scope of the audit to the extent that the |
| 21 | | effect of the limitations will result in the modification of |
| 22 | | the opinion or opinions of the auditor or auditors. Each audit |
| 23 | | report filed with the Comptroller shall be accompanied by a |
| 24 | | copy of each official statement or other offering of materials |
| 25 | | prepared in connection with the issuance of indebtedness of |
| 26 | | the municipality since the filing of the last audit report. |
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| 1 | | (c) For fiscal year 2019 and each fiscal year thereafter, |
| 2 | | audit reports shall contain financial statements prepared in |
| 3 | | accordance with generally accepted accounting principles and |
| 4 | | audited in accordance with generally accepted auditing |
| 5 | | standards if the last audit report filed preceding fiscal year |
| 6 | | 2019 expressed an unmodified or modified opinion by the |
| 7 | | auditor that the financial statements were prepared in |
| 8 | | accordance with generally accepted accounting principles. |
| 9 | | (d) For fiscal year 2019 and each fiscal year thereafter, |
| 10 | | audit reports containing financial statements prepared in |
| 11 | | accordance with an other comprehensive basis of accounting may |
| 12 | | follow the best practices and guidelines outlined by the |
| 13 | | American Institute of Certified Public Accountants and shall |
| 14 | | be audited in accordance with generally accepted auditing |
| 15 | | standards. If the corporate authority of a municipality |
| 16 | | submits an audit report containing financial statements |
| 17 | | prepared in accordance with generally accepted accounting |
| 18 | | principles, thereafter all future audit reports shall also |
| 19 | | contain financial statements prepared in accordance with |
| 20 | | generally accepted accounting principles. |
| 21 | | (e) Audits may be made on financial statements prepared |
| 22 | | using either an accrual or cash basis of accounting, depending |
| 23 | | upon the system followed by the municipality, and audit |
| 24 | | reports shall comply with this Section. |
| 25 | | (f) This Section only applies to fiscal years ending |
| 26 | | before 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, |
| 5 | | not less than 2 copies of a report of the audit shall be made |
| 6 | | and signed by the making such audit, and shall immediately be |
| 7 | | filed with the municipality audited. Each audit report shall |
| 8 | | include the certification of the auditor or auditors making |
| 9 | | the audit that the audit has been performed in compliance with |
| 10 | | generally accepted auditing standards. The municipality shall |
| 11 | | immediately make one copy of the report, or one copy of the |
| 12 | | report authorized by this Division 8 in lieu of an audit |
| 13 | | report, a part of its public records and at all times |
| 14 | | thereafter this copy shall be open to public inspection. In |
| 15 | | addition, the municipality shall file one copy of the report |
| 16 | | with the Comptroller. An audit report which fails to meet the |
| 17 | | requirements of this Act shall be rejected by the Comptroller |
| 18 | | and returned to the municipal authorities for corrective |
| 19 | | action. Nothing in this Section shall be construed as |
| 20 | | preventing a municipality, in filing its audit report with the |
| 21 | | Comptroller, from transmitting with such report any comment or |
| 22 | | explanation that it may desire to make concerning that report. |
| 23 | | The audit report filed with the Comptroller, together with any |
| 24 | | accompanying comment or explanation, shall immediately become |
| 25 | | a part of his public records and shall at all times thereafter |
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| 1 | | be open to public inspection. It shall be unlawful for the |
| 2 | | auditor to make any disclosure of the result of any |
| 3 | | examination of any public account excepting as he does so |
| 4 | | directly to the corporate authorities of the municipality |
| 5 | | audited. |
| 6 | | (b) This Section only applies to fiscal years ending |
| 7 | | before 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 |
| 11 | | public accounts provided for in Division 8, whether ordered by |
| 12 | | the corporate authorities or the Comptroller, shall be paid by |
| 13 | | the municipality for which the audit is made. Payment shall be |
| 14 | | ordered by the corporate authorities out of the funds of the |
| 15 | | municipality and it shall be the duty of such authorities to |
| 16 | | make provisions for payment. Contracts for the performance of |
| 17 | | audits required by this Division 8 may be entered into without |
| 18 | | competitive bidding. If the audit is made by an auditor or |
| 19 | | auditors retained by the Comptroller, the municipality shall |
| 20 | | pay to the Comptroller reasonable compensation and expenses to |
| 21 | | reimburse him for the cost of making such audit. |
| 22 | | The corporate authorities of all municipalities coming |
| 23 | | under the provisions of this Division 8 shall have the power to |
| 24 | | annually levy a "Municipal Auditing Tax" upon all of the |
| 25 | | taxable property of the municipalities at the rate on the |
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| 1 | | dollar which will produce an amount which will equal a sum |
| 2 | | sufficient to meet the cost of all auditing and reports |
| 3 | | thereunder. Such municipal auditing tax shall be held in a |
| 4 | | special fund and used for no other purpose than the payment of |
| 5 | | expenses occasioned by this Division 8. |
| 6 | | The tax authorized by this Section shall be in addition to |
| 7 | | taxes for general corporate purposes authorized under Section |
| 8 | | 8-3-1 of this Act. |
| 9 | | This Section only applies to fiscal years ending before |
| 10 | | January 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 |
| 14 | | may establish an audit committee, and may appoint members of |
| 15 | | the corporate authority or other appropriate officers to the |
| 16 | | committee, to review audit reports prepared under this Act, |
| 17 | | the Government Reporting Enhancement and Transparency Act, and |
| 18 | | any other financial reports and documents, including |
| 19 | | management letters prepared by or on behalf of the |
| 20 | | municipality. |
| 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 |
| 24 | | through the fiscal year ending immediately preceding January |
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| 1 | | 1, 2028, within 60 days of the close of an audit under this |
| 2 | | Act, the auditor conducting the audit of all of the funds and |
| 3 | | accounts 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 |
| 15 | | develop, adopt and submit to the Authority, within 45 days |
| 16 | | after this Division first becomes applicable to the city as |
| 17 | | provided in Section 8-12-4, for approval by the Authority, an |
| 18 | | initial Financial Plan with respect to the remaining portion |
| 19 | | of what is the city's current fiscal year at the time this |
| 20 | | Division first becomes applicable to the city as provided in |
| 21 | | Section 8-12-4 and for the 2 succeeding fiscal years. The city |
| 22 | | shall develop and adopt subsequent Financial Plans annually |
| 23 | | and during interim periods as directed by the Authority. |
| 24 | | Interim updates shall be directed only when the Authority in |
| 25 | | its discretion determines that a change in circumstances |
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| 1 | | warrants such an update. The Authority shall require that each |
| 2 | | Financial Plan cover a period of at least 3 fiscal years. After |
| 3 | | adoption by the city, the city shall submit each plan to the |
| 4 | | Authority for its approval not later than 60 days prior to the |
| 5 | | commencement of the first fiscal year to which the Financial |
| 6 | | Plan relates. The Authority shall approve or reject the |
| 7 | | Financial Plan not later than 30 days prior to the |
| 8 | | commencement of the fiscal year. No Financial Plan shall have |
| 9 | | force or effect without approval of the Authority. Each |
| 10 | | Financial Plan shall be developed, submitted, approved and |
| 11 | | monitored in accordance with the following procedures: |
| 12 | | (1) The financially distressed city shall determine and |
| 13 | | submit to the Authority, at a time and in a manner prescribed |
| 14 | | by the Authority, estimates of revenues available to the city |
| 15 | | during the period for which the Financial Plan is to be in |
| 16 | | effect. The Authority shall approve, reject or amend the |
| 17 | | revenue estimates. In the event the city fails, for any |
| 18 | | reason, to submit to the Authority estimates of revenue as |
| 19 | | required by this paragraph, the Authority may prepare such |
| 20 | | estimates. The Financial Plan submitted by the city shall be |
| 21 | | based upon revenue estimates approved or prepared by the |
| 22 | | Authority. As soon as practicable following the establishment |
| 23 | | of the Authority, the corporate authorities of the city shall, |
| 24 | | at the request of the Chairperson of the Authority, make |
| 25 | | available to such Chairperson copies of the audited financial |
| 26 | | statements and of the books and records of account of the city |
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| 1 | | for the preceding 3 fiscal years of the city. |
| 2 | | (2) Each Financial Plan for each fiscal year or part |
| 3 | | thereof to which it relates, shall contain: (i) a description |
| 4 | | of revenues and expenditures, provision for debt service, cash |
| 5 | | resources and uses, and capital improvements, each in such |
| 6 | | manner and detail as the Authority shall prescribe; (ii) a |
| 7 | | description of the means by which the Budget will be brought |
| 8 | | into balance in accordance with Section 8-12-14; and (iii) |
| 9 | | such other financial matters that the Authority, in its |
| 10 | | discretion, requires. The Authority may prescribe any |
| 11 | | reasonable time, standards, procedures or forms for |
| 12 | | preparation and submission of the Financial Plan. |
| 13 | | (3) The Authority shall approve the initial and each |
| 14 | | subsequent Financial Plan if, in its judgement, the plan is |
| 15 | | complete, is reasonably capable of being achieved, and meets |
| 16 | | the requirement set forth in Section 8-12-14. Otherwise, the |
| 17 | | Authority shall reject the Financial Plan. The Authority's |
| 18 | | review of the Financial Plan shall be in accordance with |
| 19 | | generally accepted accounting principles and standards. No |
| 20 | | Financial Plan submitted by the financially distressed city |
| 21 | | shall be arbitrarily or capriciously rejected by the |
| 22 | | Authority. Any rejection by the Authority of any Financial |
| 23 | | Plan submitted by the city shall be in writing and shall state |
| 24 | | the reasons for the rejection. In the event of rejection, the |
| 25 | | Authority may prescribe a procedure and standards for revision |
| 26 | | of the Financial Plan by the financially distressed city. |
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| 1 | | (4) The financially distressed city shall report to the |
| 2 | | Authority, at such times and in such manner as the Authority |
| 3 | | may direct, concerning the city's compliance with each |
| 4 | | Financial Plan. The Authority may review the city's operation, |
| 5 | | obtain budgetary data and financial statements, require the |
| 6 | | city to produce reports, and have access to any other |
| 7 | | information in the possession of the city that it deems |
| 8 | | relevant to the Financial Plan and the city's compliance with |
| 9 | | that Plan. The Authority may issue recommendations or |
| 10 | | directives within its powers to the city to assure compliance |
| 11 | | with the Financial Plan. The city shall produce such budgetary |
| 12 | | data, financial statements, reports and other information and |
| 13 | | comply with such directives. |
| 14 | | (5) After approval of each Financial Plan, the financially |
| 15 | | distressed city shall regularly reexamine the revenue and |
| 16 | | expenditure estimates on which it was based and revise them as |
| 17 | | necessary. The city shall promptly notify the Authority of any |
| 18 | | material change in the revenue or expenditure estimates in the |
| 19 | | Financial Plan. The city may submit to the Authority, or the |
| 20 | | Authority may require the city to submit, modified Financial |
| 21 | | Plans based upon revised revenue or expenditure estimates or |
| 22 | | for any other good reason. The Authority shall approve or |
| 23 | | reject each modified Financial Plan pursuant to paragraph (3) |
| 24 | | of 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 |
| 3 | | created by and among the sworn members of the fire department |
| 4 | | of each municipality with fewer than 500,000 inhabitants that |
| 5 | | has an organized fire department. The board shall consist of 7 |
| 6 | | trustees; the fire chief, who shall hold office by virtue of |
| 7 | | rank, and 6 members, who shall be elected at large by the sworn |
| 8 | | members of the department. If there is an insufficient number |
| 9 | | of candidates to fill all these positions, the number of board |
| 10 | | members may be reduced, but not to fewer than 3 trustees. All |
| 11 | | sworn members of the department shall be eligible to be |
| 12 | | elected as officers of the foreign fire insurance board. The |
| 13 | | members of this board shall annually elect officers. These |
| 14 | | officers shall be a chairman, a treasurer, and any other |
| 15 | | officers deemed necessary by the board. The members of the |
| 16 | | foreign fire insurance board shall make all needful rules and |
| 17 | | regulations with respect to the foreign fire insurance board |
| 18 | | and the management of the funds to be paid to the board. The |
| 19 | | foreign fire insurance board may establish, manage, and |
| 20 | | maintain an account for the holding and expenditure of all |
| 21 | | funds paid to the board. The foreign fire insurance board may |
| 22 | | contract for the purchase of goods and services using funds |
| 23 | | paid to the board. Contracting for services includes, but is |
| 24 | | not limited to, the procurement and payment of all accounting, |
| 25 | | legal, collection, or other professional services deemed by |
| 26 | | the board to be necessary to the execution of its duties under |
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| 1 | | this Division using funds paid to the board. The foreign fire |
| 2 | | insurance board may sue all parties necessary to enforce its |
| 3 | | rights under this Section. The officers of the foreign fire |
| 4 | | insurance board shall develop and maintain a listing of those |
| 5 | | items that the board feels are appropriate expenditures under |
| 6 | | this Act. The treasurer of the foreign fire insurance board |
| 7 | | shall receive the funds paid as provided in Section 1 and shall |
| 8 | | pay out the funds upon the order of the foreign fire insurance |
| 9 | | board for the maintenance, use, and benefit of the department |
| 10 | | or as otherwise permitted by this Division. For fiscal years |
| 11 | | ending before January 1, 2028, these These funds shall be |
| 12 | | audited to verify that the funds have been expended by that |
| 13 | | board only for the maintenance, use, and benefit of the |
| 14 | | department using funds paid to the board. Contracting for |
| 15 | | services includes, but is not limited to, the procurement and |
| 16 | | payment of all accounting, legal, collection, or other |
| 17 | | professional services deemed by the board to be necessary to |
| 18 | | the execution of its duties under this Division using funds |
| 19 | | paid to the board. |
| 20 | | Disputes between a fire chief and the remaining members of |
| 21 | | a foreign fire insurance board concerning whether any |
| 22 | | expenditure of funds by the board is for the maintenance, use, |
| 23 | | or benefit of the department or for any other purpose |
| 24 | | authorized by this Division shall be resolved through binding |
| 25 | | arbitration, pursuant to a written arbitration agreement |
| 26 | | established by the foreign fire insurance board, that is |
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| 1 | | recognized under the Uniform Arbitration Act. Arbitrations |
| 2 | | held pursuant to a written arbitration agreement are the |
| 3 | | exclusive remedy available for resolving such disputes. |
| 4 | | (b) As used in this subsection, "active member" means a |
| 5 | | member of the Chicago Fire Department who is not receiving a |
| 6 | | disability pension, retired, or a deferred pensioner of the |
| 7 | | Firemen's Annuity and Benefit Fund of Chicago. |
| 8 | | A department foreign fire insurance board is created |
| 9 | | within the Chicago Fire Department. The board shall consist of |
| 10 | | 7 trustees who shall be initially elected on or before January |
| 11 | | 1, 2019: the fire commissioner, who shall hold office by |
| 12 | | virtue of rank, and 6 elected trustees, who shall be elected at |
| 13 | | large by the sworn members of the department. If there is an |
| 14 | | insufficient number of candidates seeking election to each |
| 15 | | vacant trustee position, the number of board members is |
| 16 | | reduced to 5 trustees, including the fire commissioner of the |
| 17 | | department, until the next election cycle when there are |
| 18 | | enough active members seeking election to fill all 7 member |
| 19 | | seats. All active members are eligible to be elected as |
| 20 | | trustees of the department foreign fire insurance board. Of |
| 21 | | the trustees first elected, 3 trustees shall be elected to a |
| 22 | | 2-year term and 3 trustees shall be elected to a 3-year term. |
| 23 | | After the initial election, a trustee shall be elected for a |
| 24 | | term of 3 years. If a member of the board resigns, is removed, |
| 25 | | or is unable to continue serving on the board, the vacancy |
| 26 | | shall be filled by special election of the active members or, |
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| 1 | | in the case of a vacancy that will exist for fewer than 180 |
| 2 | | days until the term expires, by appointment by majority vote |
| 3 | | of the members of the board. |
| 4 | | The members of the board shall annually elect officers. |
| 5 | | These officers shall be a chairman, treasurer, and secretary. |
| 6 | | The trustees of the board shall make rules and regulations |
| 7 | | with respect to the board and the management of the money |
| 8 | | appropriated to the board. The officers of the board shall |
| 9 | | develop and maintain a listing of those items that the board |
| 10 | | believes are appropriate expenditures under this subsection. |
| 11 | | The treasurer of the board shall give a sufficient bond to the |
| 12 | | City of Chicago. The cost of the bond shall be paid out of the |
| 13 | | moneys in the board's fund. The bond shall be conditioned upon |
| 14 | | the faithful performance by the treasurer of his or her duties |
| 15 | | under the rules and regulations provided for in this |
| 16 | | subsection. The treasurer of the board shall receive the |
| 17 | | appropriated proceeds and shall disburse the proceeds upon the |
| 18 | | order of the board for the maintenance, use, and benefit of the |
| 19 | | department consistent with this subsection. As part of the |
| 20 | | annual municipal audit for fiscal years ending before January |
| 21 | | 1, 2028, these funds shall be audited to verify that the funds |
| 22 | | have been expended lawfully by the board consistent with this |
| 23 | | subsection. |
| 24 | | Within 30 days after receipt of any foreign fire insurance |
| 25 | | proceeds by the City of Chicago, the City of Chicago shall |
| 26 | | transfer the proceeds to the board by depositing the proceeds |
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| 1 | | into an account determined by the board, except that if the |
| 2 | | effective date of this amendatory Act of the 100th General |
| 3 | | Assembly is after July 31, 2018, then the City of Chicago |
| 4 | | shall, for budget year 2019 only, transfer only 50% of the |
| 5 | | proceeds to the board. Notwithstanding any other provision of |
| 6 | | law: 50% of the foreign fire insurance proceeds received by |
| 7 | | the board shall be used for the maintenance, use, benefit, or |
| 8 | | enhancement of fire stations or training facilities used by |
| 9 | | the active members of the fire department; 25% of the foreign |
| 10 | | fire insurance proceeds received by the board shall be used |
| 11 | | for the maintenance, use, benefit, or enhancement of emergency |
| 12 | | response vehicles, tools, and equipment used by the active |
| 13 | | members of the department; and 25% of the foreign fire |
| 14 | | insurance proceeds received by the board shall be used for the |
| 15 | | maintenance and enhancement of the department and for the use |
| 16 | | and benefit of the active members of the department in a manner |
| 17 | | otherwise consistent with this subsection. Foreign fire |
| 18 | | insurance proceeds may not be used to purchase, maintain, or |
| 19 | | enhance personal property of a member of the department, |
| 20 | | except for personal property used in the performance of his or |
| 21 | | her duties or training activities. |
| 22 | | (c) The provisions of this Section shall be the exclusive |
| 23 | | power of the State, pursuant to subsection (h) of Section 6 of |
| 24 | | Article 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 |
| 3 | | a municipal convention hall shall keep books of account for |
| 4 | | the municipal convention hall separate and distinct from other |
| 5 | | municipal accounts and in such manner as to show the true and |
| 6 | | complete financial standing and results of the municipal |
| 7 | | ownership and operation. These accounts shall be so kept as to |
| 8 | | show: (1) the actual cost to the municipality of maintenance, |
| 9 | | extension, and improvement, (2) all operating expenses of |
| 10 | | every description, (3) if water or other service is furnished |
| 11 | | for the use of the municipal convention hall without charge, |
| 12 | | as nearly as possible, the value of that service, and also the |
| 13 | | value of any use or service rendered by the municipal |
| 14 | | convention hall to the municipality without charge, (4) |
| 15 | | reasonable allowances for interest, depreciation, and |
| 16 | | insurance, and (5) estimates of the amount of taxes that would |
| 17 | | be chargeable against the property if owned by a private |
| 18 | | corporation. The corporate authorities shall publish a report |
| 19 | | annually showing the financial results, in the form specified |
| 20 | | in this Section section, of the municipal ownership and |
| 21 | | operation in one or more newspapers published in the |
| 22 | | municipality, or, if no newspaper is published therein, then |
| 23 | | in one or more newspapers with a general circulation within |
| 24 | | the municipality. |
| 25 | | For fiscal years ending before January 1, 2028, the The |
| 26 | | accounts of the convention hall shall be examined at least |
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| 1 | | once a year by a licensed Certified Public Accountant |
| 2 | | permitted to perform audits under the Illinois Public |
| 3 | | Accounting Act who shall report to the corporate authorities |
| 4 | | the results of his examination. This accountant shall be |
| 5 | | selected as the corporate authorities may direct, and he shall |
| 6 | | receive for his services such compensation, to be paid out of |
| 7 | | the revenue from the municipal convention hall, as the |
| 8 | | corporate 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 |
| 13 | | General Assembly do not apply to a municipality that, (i) |
| 14 | | before the effective date of this amendatory Act of the 91st |
| 15 | | General Assembly, has adopted an ordinance or resolution |
| 16 | | fixing a time and place for a public hearing under this Section |
| 17 | | or (ii) before July 1, 1999, has adopted an ordinance or |
| 18 | | resolution providing for a feasibility study under Section |
| 19 | | 11-74.4-4.1, but has not yet adopted an ordinance approving |
| 20 | | redevelopment plans and redevelopment projects or designating |
| 21 | | redevelopment project areas under Section 11-74.4-4, until |
| 22 | | after that municipality adopts an ordinance approving |
| 23 | | redevelopment plans and redevelopment projects or designating |
| 24 | | redevelopment project areas under Section 11-74.4-4; |
| 25 | | thereafter the changes made by this amendatory Act of the 91st |
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| 1 | | General Assembly apply to the same extent that they apply to |
| 2 | | redevelopment plans and redevelopment projects that were |
| 3 | | approved and redevelopment projects that were designated |
| 4 | | before the effective date of this amendatory Act of the 91st |
| 5 | | General Assembly. |
| 6 | | Prior to the adoption of an ordinance proposing the |
| 7 | | designation of a redevelopment project area, or approving a |
| 8 | | redevelopment plan or redevelopment project, the municipality |
| 9 | | by its corporate authorities, or as it may determine by any |
| 10 | | commission designated under subsection (k) of Section |
| 11 | | 11-74.4-4 shall adopt an ordinance or resolution fixing a time |
| 12 | | and place for public hearing. At least 10 days prior to the |
| 13 | | adoption of the ordinance or resolution establishing the time |
| 14 | | and place for the public hearing, the municipality shall make |
| 15 | | available for public inspection a redevelopment plan or a |
| 16 | | separate report that provides in reasonable detail the basis |
| 17 | | for the eligibility of the redevelopment project area. The |
| 18 | | report along with the name of a person to contact for further |
| 19 | | information shall be sent within a reasonable time after the |
| 20 | | adoption of such ordinance or resolution to the affected |
| 21 | | taxing districts by certified mail. On and after the effective |
| 22 | | date of this amendatory Act of the 91st General Assembly, the |
| 23 | | municipality shall print in a newspaper of general circulation |
| 24 | | within the municipality a notice that interested persons may |
| 25 | | register with the municipality in order to receive information |
| 26 | | on the proposed designation of a redevelopment project area or |
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| 1 | | the approval of a redevelopment plan. The notice shall state |
| 2 | | the place of registration and the operating hours of that |
| 3 | | place. The municipality shall have adopted reasonable rules to |
| 4 | | implement this registration process under Section 11-74.4-4.2. |
| 5 | | The municipality shall provide notice of the availability of |
| 6 | | the redevelopment plan and eligibility report, including how |
| 7 | | to obtain this information, by mail within a reasonable time |
| 8 | | after the adoption of the ordinance or resolution, to all |
| 9 | | residential addresses that, after a good faith effort, the |
| 10 | | municipality determines are located outside the proposed |
| 11 | | redevelopment project area and within 750 feet of the |
| 12 | | boundaries of the proposed redevelopment project area. This |
| 13 | | requirement is subject to the limitation that in a |
| 14 | | municipality with a population of over 100,000, if the total |
| 15 | | number of residential addresses outside the proposed |
| 16 | | redevelopment project area and within 750 feet of the |
| 17 | | boundaries of the proposed redevelopment project area exceeds |
| 18 | | 750, the municipality shall be required to provide the notice |
| 19 | | to only the 750 residential addresses that, after a good faith |
| 20 | | effort, the municipality determines are outside the proposed |
| 21 | | redevelopment project area and closest to the boundaries of |
| 22 | | the proposed redevelopment project area. Notwithstanding the |
| 23 | | foregoing, notice given after August 7, 2001 (the effective |
| 24 | | date of Public Act 92-263) and before the effective date of |
| 25 | | this amendatory Act of the 92nd General Assembly to |
| 26 | | residential addresses within 750 feet of the boundaries of a |
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| 1 | | proposed redevelopment project area shall be deemed to have |
| 2 | | been sufficiently given in compliance with this Act if given |
| 3 | | only to residents outside the boundaries of the proposed |
| 4 | | redevelopment project area. The notice shall also be provided |
| 5 | | by the municipality, regardless of its population, to those |
| 6 | | organizations and residents that have registered with the |
| 7 | | municipality for that information in accordance with the |
| 8 | | registration guidelines established by the municipality under |
| 9 | | Section 11-74.4-4.2. |
| 10 | | At the public hearing any interested person or affected |
| 11 | | taxing district may file with the municipal clerk written |
| 12 | | objections to and may be heard orally in respect to any issues |
| 13 | | embodied in the notice. The municipality shall hear all |
| 14 | | protests and objections at the hearing and the hearing may be |
| 15 | | adjourned to another date without further notice other than a |
| 16 | | motion to be entered upon the minutes fixing the time and place |
| 17 | | of the subsequent hearing. At the public hearing or at any time |
| 18 | | prior to the adoption by the municipality of an ordinance |
| 19 | | approving a redevelopment plan, the municipality may make |
| 20 | | changes in the redevelopment plan. Changes which (1) add |
| 21 | | additional parcels of property to the proposed redevelopment |
| 22 | | project area, (2) substantially affect the general land uses |
| 23 | | proposed in the redevelopment plan, (3) substantially change |
| 24 | | the nature of or extend the life of the redevelopment project, |
| 25 | | or (4) increase the number of inhabited residential units to |
| 26 | | be displaced from the redevelopment project area, as measured |
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| 1 | | from the time of creation of the redevelopment project area, |
| 2 | | to a total of more than 10, shall be made only after the |
| 3 | | municipality gives notice, convenes a joint review board, and |
| 4 | | conducts a public hearing pursuant to the procedures set forth |
| 5 | | in this Section and in Section 11-74.4-6 of this Act. Changes |
| 6 | | which do not (1) add additional parcels of property to the |
| 7 | | proposed redevelopment project area, (2) substantially affect |
| 8 | | the general land uses proposed in the redevelopment plan, (3) |
| 9 | | substantially change the nature of or extend the life of the |
| 10 | | redevelopment project, or (4) increase the number of inhabited |
| 11 | | residential units to be displaced from the redevelopment |
| 12 | | project area, as measured from the time of creation of the |
| 13 | | redevelopment project area, to a total of more than 10, may be |
| 14 | | made without further hearing, provided that the municipality |
| 15 | | shall give notice of any such changes by mail to each affected |
| 16 | | taxing district and registrant on the interested parties |
| 17 | | registry, provided for under Section 11-74.4-4.2, and by |
| 18 | | publication in a newspaper of general circulation within the |
| 19 | | affected taxing district. Such notice by mail and by |
| 20 | | publication shall each occur not later than 10 days following |
| 21 | | the adoption by ordinance of such changes. Hearings with |
| 22 | | regard to a redevelopment project area, project or plan may be |
| 23 | | held simultaneously. |
| 24 | | (b) Prior to holding a public hearing to approve or amend a |
| 25 | | redevelopment plan or to designate or add additional parcels |
| 26 | | of property to a redevelopment project area, the municipality |
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| 1 | | shall convene a joint review board. The board shall consist of |
| 2 | | a representative selected by each community college district, |
| 3 | | local elementary school district and high school district or |
| 4 | | each local community unit school district, park district, |
| 5 | | library district, township, fire protection district, and |
| 6 | | county that will have the authority to directly levy taxes on |
| 7 | | the property within the proposed redevelopment project area at |
| 8 | | the time that the proposed redevelopment project area is |
| 9 | | approved, a representative selected by the municipality and a |
| 10 | | public member. The public member shall first be selected and |
| 11 | | then the board's chairperson shall be selected by a majority |
| 12 | | of the board members present and voting. |
| 13 | | For redevelopment project areas with redevelopment plans |
| 14 | | or proposed redevelopment plans that would result in the |
| 15 | | displacement of residents from 10 or more inhabited |
| 16 | | residential units or that include 75 or more inhabited |
| 17 | | residential units, the public member shall be a person who |
| 18 | | resides in the redevelopment project area. If, as determined |
| 19 | | by the housing impact study provided for in paragraph (5) of |
| 20 | | subsection (n) of Section 11-74.4-3, or if no housing impact |
| 21 | | study is required then based on other reasonable data, the |
| 22 | | majority of residential units are occupied by very low, low, |
| 23 | | or moderate income households, as defined in Section 3 of the |
| 24 | | Illinois Affordable Housing Act, the public member shall be a |
| 25 | | person who resides in very low, low, or moderate income |
| 26 | | housing within the redevelopment project area. Municipalities |
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| 1 | | with fewer than 15,000 residents shall not be required to |
| 2 | | select a person who lives in very low, low, or moderate income |
| 3 | | housing within the redevelopment project area, provided that |
| 4 | | the redevelopment plan or project will not result in |
| 5 | | displacement of residents from 10 or more inhabited units, and |
| 6 | | the municipality so certifies in the plan. If no person |
| 7 | | satisfying these requirements is available or if no qualified |
| 8 | | person will serve as the public member, then the joint review |
| 9 | | board is relieved of this paragraph's selection requirements |
| 10 | | for the public member. |
| 11 | | Within 90 days of the effective date of this amendatory |
| 12 | | Act of the 91st General Assembly, each municipality that |
| 13 | | designated a redevelopment project area for which it was not |
| 14 | | required to convene a joint review board under this Section |
| 15 | | shall convene a joint review board to perform the duties |
| 16 | | specified under paragraph (e) of this Section. |
| 17 | | All board members shall be appointed and the first board |
| 18 | | meeting shall be held at least 14 days but not more than 28 |
| 19 | | days after the mailing of notice by the municipality to the |
| 20 | | taxing districts as required by Section 11-74.4-6(c). |
| 21 | | Notwithstanding the preceding sentence, a municipality that |
| 22 | | adopted either a public hearing resolution or a feasibility |
| 23 | | resolution between July 1, 1999 and July 1, 2000 that called |
| 24 | | for the meeting of the joint review board within 14 days of |
| 25 | | notice of public hearing to affected taxing districts is |
| 26 | | deemed to be in compliance with the notice, meeting, and |
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| 1 | | public hearing provisions of the Act. Such notice shall also |
| 2 | | advise the taxing bodies represented on the joint review board |
| 3 | | of the time and place of the first meeting of the board. |
| 4 | | Additional meetings of the board shall be held upon the call of |
| 5 | | any member. The municipality seeking designation of the |
| 6 | | redevelopment project area shall provide administrative |
| 7 | | support to the board. |
| 8 | | The board shall review (i) the public record, planning |
| 9 | | documents and proposed ordinances approving the redevelopment |
| 10 | | plan and project and (ii) proposed amendments to the |
| 11 | | redevelopment plan or additions of parcels of property to the |
| 12 | | redevelopment project area to be adopted by the municipality. |
| 13 | | As part of its deliberations, the board may hold additional |
| 14 | | hearings on the proposal. A board's recommendation shall be an |
| 15 | | advisory, non-binding recommendation. The recommendation shall |
| 16 | | be adopted by a majority of those members present and voting. |
| 17 | | The recommendations shall be submitted to the municipality |
| 18 | | within 30 days after convening of the board. Failure of the |
| 19 | | board to submit its report on a timely basis shall not be cause |
| 20 | | to delay the public hearing or any other step in the process of |
| 21 | | designating or amending the redevelopment project area but |
| 22 | | shall be deemed to constitute approval by the joint review |
| 23 | | board of the matters before it. |
| 24 | | The board shall base its recommendation to approve or |
| 25 | | disapprove the redevelopment plan and the designation of the |
| 26 | | redevelopment project area or the amendment of the |
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| 1 | | redevelopment plan or addition of parcels of property to the |
| 2 | | redevelopment project area on the basis of the redevelopment |
| 3 | | project area and redevelopment plan satisfying the plan |
| 4 | | requirements, the eligibility criteria defined in Section |
| 5 | | 11-74.4-3, and the objectives of this Act. |
| 6 | | The board shall issue a written report describing why the |
| 7 | | redevelopment plan and project area or the amendment thereof |
| 8 | | meets or fails to meet one or more of the objectives of this |
| 9 | | Act and both the plan requirements and the eligibility |
| 10 | | criteria defined in Section 11-74.4-3. In the event the Board |
| 11 | | does not file a report it shall be presumed that these taxing |
| 12 | | bodies find the redevelopment project area and redevelopment |
| 13 | | plan satisfy the objectives of this Act and the plan |
| 14 | | requirements and eligibility criteria. |
| 15 | | If the board recommends rejection of the matters before |
| 16 | | it, the municipality will have 30 days within which to |
| 17 | | resubmit the plan or amendment. During this period, the |
| 18 | | municipality will meet and confer with the board and attempt |
| 19 | | to resolve those issues set forth in the board's written |
| 20 | | report that led to the rejection of the plan or amendment. |
| 21 | | Notwithstanding the resubmission set forth above, the |
| 22 | | municipality may commence the scheduled public hearing and |
| 23 | | either adjourn the public hearing or continue the public |
| 24 | | hearing until a date certain. Prior to continuing any public |
| 25 | | hearing to a date certain, the municipality shall announce |
| 26 | | during the public hearing the time, date, and location for the |
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| 1 | | reconvening of the public hearing. Any changes to the |
| 2 | | redevelopment plan necessary to satisfy the issues set forth |
| 3 | | in the joint review board report shall be the subject of a |
| 4 | | public hearing before the hearing is adjourned if the changes |
| 5 | | would (1) substantially affect the general land uses proposed |
| 6 | | in the redevelopment plan, (2) substantially change the nature |
| 7 | | of or extend the life of the redevelopment project, or (3) |
| 8 | | increase the number of inhabited residential units to be |
| 9 | | displaced from the redevelopment project area, as measured |
| 10 | | from the time of creation of the redevelopment project area, |
| 11 | | to a total of more than 10. Changes to the redevelopment plan |
| 12 | | necessary to satisfy the issues set forth in the joint review |
| 13 | | board report shall not require any further notice or convening |
| 14 | | of a joint review board meeting, except that any changes to the |
| 15 | | redevelopment plan that would add additional parcels of |
| 16 | | property to the proposed redevelopment project area shall be |
| 17 | | subject to the notice, public hearing, and joint review board |
| 18 | | meeting requirements established for such changes by |
| 19 | | subsection (a) of Section 11-74.4-5. |
| 20 | | In the event that the municipality and the board are |
| 21 | | unable to resolve these differences, or in the event that the |
| 22 | | resubmitted plan or amendment is rejected by the board, the |
| 23 | | municipality may proceed with the plan or amendment, but only |
| 24 | | upon a three-fifths vote of the corporate authority |
| 25 | | responsible for approval of the plan or amendment, excluding |
| 26 | | positions of members that are vacant and those members that |
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| 1 | | are ineligible to vote because of conflicts of interest. |
| 2 | | (c) After a municipality has by ordinance approved a |
| 3 | | redevelopment plan and designated a redevelopment project |
| 4 | | area, the plan may be amended and additional properties may be |
| 5 | | added to the redevelopment project area only as herein |
| 6 | | provided. Amendments which (1) add additional parcels of |
| 7 | | property to the proposed redevelopment project area, (2) |
| 8 | | substantially affect the general land uses proposed in the |
| 9 | | redevelopment plan, (3) substantially change the nature of the |
| 10 | | redevelopment project, (4) increase the total estimated |
| 11 | | redevelopment project costs set out in the redevelopment plan |
| 12 | | by more than 5% after adjustment for inflation from the date |
| 13 | | the plan was adopted, (5) add additional redevelopment project |
| 14 | | costs to the itemized list of redevelopment project costs set |
| 15 | | out in the redevelopment plan, or (6) increase the number of |
| 16 | | inhabited residential units to be displaced from the |
| 17 | | redevelopment project area, as measured from the time of |
| 18 | | creation of the redevelopment project area, to a total of more |
| 19 | | than 10, shall be made only after the municipality gives |
| 20 | | notice, convenes a joint review board, and conducts a public |
| 21 | | hearing pursuant to the procedures set forth in this Section |
| 22 | | and in Section 11-74.4-6 of this Act. Changes which do not (1) |
| 23 | | add additional parcels of property to the proposed |
| 24 | | redevelopment project area, (2) substantially affect the |
| 25 | | general land uses proposed in the redevelopment plan, (3) |
| 26 | | substantially change the nature of the redevelopment project, |
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| 1 | | (4) increase the total estimated redevelopment project cost |
| 2 | | set out in the redevelopment plan by more than 5% after |
| 3 | | adjustment for inflation from the date the plan was adopted, |
| 4 | | (5) add additional redevelopment project costs to the itemized |
| 5 | | list of redevelopment project costs set out in the |
| 6 | | redevelopment plan, or (6) increase the number of inhabited |
| 7 | | residential units to be displaced from the redevelopment |
| 8 | | project area, as measured from the time of creation of the |
| 9 | | redevelopment project area, to a total of more than 10, may be |
| 10 | | made without further public hearing and related notices and |
| 11 | | procedures including the convening of a joint review board as |
| 12 | | set forth in Section 11-74.4-6 of this Act, provided that the |
| 13 | | municipality shall give notice of any such changes by mail to |
| 14 | | each affected taxing district and registrant on the interested |
| 15 | | parties registry, provided for under Section 11-74.4-4.2, and |
| 16 | | by publication in a newspaper of general circulation within |
| 17 | | the affected taxing district. Such notice by mail and by |
| 18 | | publication shall each occur not later than 10 days following |
| 19 | | the adoption by ordinance of such changes. |
| 20 | | (d) After the effective date of this amendatory Act of the |
| 21 | | 91st General Assembly, for fiscal years ending before January |
| 22 | | 1, 2028, a municipality shall submit in an electronic format |
| 23 | | the following information for each redevelopment project area |
| 24 | | (i) to the State Comptroller under Section 8-8-3.5 of the |
| 25 | | Illinois Municipal Code, subject to any extensions or |
| 26 | | exemptions provided at the Comptroller's discretion under that |
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| 1 | | Section, and (ii) to all taxing districts overlapping the |
| 2 | | redevelopment project area no later than 180 days after the |
| 3 | | close of each municipal fiscal year or as soon thereafter as |
| 4 | | the audited financial statements become available and, in any |
| 5 | | case, shall be submitted before the annual meeting of the |
| 6 | | Joint Review Board to each of the taxing districts that |
| 7 | | overlap 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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| 1 | | this Section, for Fiscal Year 2022 and each fiscal year |
| 2 | | thereafter, reporting municipalities shall also report to the |
| 3 | | Comptroller annually in a manner and format prescribed by the |
| 4 | | Comptroller: (1) the number of jobs, if any, projected to be |
| 5 | | created for each redevelopment project area at the time of |
| 6 | | approval of the redevelopment agreement; (2) the number of |
| 7 | | jobs, if any, created as a result of the development to date |
| 8 | | for that reporting period under the same guidelines and |
| 9 | | assumptions as was used for the projections used at the time of |
| 10 | | approval of the redevelopment agreement; (3) the amount of |
| 11 | | increment projected to be created at the time of approval of |
| 12 | | the redevelopment agreement for each redevelopment project |
| 13 | | area; (4) the amount of increment created as a result of the |
| 14 | | development to date for that reporting period using the same |
| 15 | | assumptions as was used for the projections used at the time of |
| 16 | | the approval of the redevelopment agreement; and (5) the |
| 17 | | stated rate of return identified by the developer to the |
| 18 | | municipality for each redevelopment project area, if any. |
| 19 | | Stated rates of return required to be reported in item (5) |
| 20 | | shall be independently verified by a third party chosen by the |
| 21 | | municipality. Reporting municipalities shall also report to |
| 22 | | the Comptroller a copy of the redevelopment plan each time the |
| 23 | | redevelopment plan is enacted, amended, or extended in a |
| 24 | | manner and format prescribed by the Comptroller. These |
| 25 | | requirements shall only apply to redevelopment projects |
| 26 | | beginning in or after Fiscal Year 2022. |
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| 1 | | (d-1) Prior to the effective date of this amendatory Act |
| 2 | | of the 91st General Assembly, municipalities with populations |
| 3 | | of over 1,000,000 shall, after adoption of a redevelopment |
| 4 | | plan or project, make available upon request to any taxing |
| 5 | | district in which the redevelopment project area is located |
| 6 | | the 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 |
| 17 | | after the close of the municipal fiscal year, or, for fiscal |
| 18 | | years ending before January 1, 2028, year or as soon as the |
| 19 | | redevelopment project audit for that fiscal year becomes |
| 20 | | available to review the effectiveness and status of the |
| 21 | | redevelopment project area up to that date. |
| 22 | | (f) (Blank). |
| 23 | | (g) In the event that a municipality has held a public |
| 24 | | hearing under this Section prior to March 14, 1994 (the |
| 25 | | effective date of Public Act 88-537), the requirements imposed |
| 26 | | by Public Act 88-537 relating to the method of fixing the time |
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| 1 | | and place for public hearing, the materials and information |
| 2 | | required to be made available for public inspection, and the |
| 3 | | information required to be sent after adoption of an ordinance |
| 4 | | or resolution fixing a time and place for public hearing shall |
| 5 | | not be applicable. |
| 6 | | (h) On and after the effective date of this amendatory Act |
| 7 | | of the 96th General Assembly, the State Comptroller must post |
| 8 | | on the State Comptroller's official website the information |
| 9 | | submitted by a municipality pursuant to subsection (d) of this |
| 10 | | Section. The information must be posted no later than 45 days |
| 11 | | after the State Comptroller receives the information from the |
| 12 | | municipality. The State Comptroller must also post a list of |
| 13 | | the municipalities not in compliance with the reporting |
| 14 | | requirements set forth in subsection (d) of this Section. |
| 15 | | (i) No later than 10 years after the corporate authorities |
| 16 | | of a municipality adopt an ordinance to establish a |
| 17 | | redevelopment project area, the municipality must compile a |
| 18 | | status report concerning the redevelopment project area. The |
| 19 | | status report must detail without limitation the following: |
| 20 | | (i) the amount of revenue generated within the redevelopment |
| 21 | | project area, (ii) any expenditures made by the municipality |
| 22 | | for the redevelopment project area including without |
| 23 | | limitation expenditures from the special tax allocation fund, |
| 24 | | (iii) the status of planned activities, goals, and objectives |
| 25 | | set forth in the redevelopment plan including details on new |
| 26 | | or planned construction within the redevelopment project area, |
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| 1 | | (iv) the amount of private and public investment within the |
| 2 | | redevelopment project area, and (v) any other relevant |
| 3 | | evaluation or performance data. Within 30 days after the |
| 4 | | municipality compiles the status report, the municipality must |
| 5 | | hold at least one public hearing concerning the report. The |
| 6 | | municipality must provide 20 days' public notice of the |
| 7 | | hearing. |
| 8 | | (j) Beginning in fiscal year 2011 and in each fiscal year |
| 9 | | thereafter, a municipality must detail in its annual budget |
| 10 | | (i) the revenues generated from redevelopment project areas by |
| 11 | | source and (ii) the expenditures made by the municipality for |
| 12 | | redevelopment 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 |
| 16 | | which has adopted tax increment allocation financing prior to |
| 17 | | January 1, 1987, may by ordinance (1) authorize the Department |
| 18 | | of Revenue, subject to appropriation, to annually certify and |
| 19 | | cause to be paid from the Illinois Tax Increment Fund to such |
| 20 | | municipality for deposit in the municipality's special tax |
| 21 | | allocation fund an amount equal to the Net State Sales Tax |
| 22 | | Increment and (2) authorize the Department of Revenue to |
| 23 | | annually notify the municipality of the amount of the |
| 24 | | Municipal Sales Tax Increment which shall be deposited by the |
| 25 | | municipality in the municipality's special tax allocation |
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| 1 | | fund. Provided that for purposes of this Section no amendments |
| 2 | | adding additional area to the redevelopment project area which |
| 3 | | has been certified as the State Sales Tax Boundary shall be |
| 4 | | taken into account if such amendments are adopted by the |
| 5 | | municipality after January 1, 1987. If an amendment is adopted |
| 6 | | which decreases the area of a State Sales Tax Boundary, the |
| 7 | | municipality shall update the list required by subsection |
| 8 | | (3)(a) of this Section. The Retailers' Occupation Tax |
| 9 | | liability, Use Tax liability, Service Occupation Tax liability |
| 10 | | and Service Use Tax liability for retailers and servicemen |
| 11 | | located within the disconnected area shall be excluded from |
| 12 | | the base from which tax increments are calculated and the |
| 13 | | revenue from any such retailer or serviceman shall not be |
| 14 | | included in calculating incremental revenue payable to the |
| 15 | | municipality. A municipality adopting an ordinance under this |
| 16 | | subsection (1) of this Section for a redevelopment project |
| 17 | | area which is certified as a State Sales Tax Boundary shall not |
| 18 | | be entitled to payments of State taxes authorized under |
| 19 | | subsection (2) of this Section for the same redevelopment |
| 20 | | project area. Nothing herein shall be construed to prevent a |
| 21 | | municipality from receiving payment of State taxes authorized |
| 22 | | under subsection (2) of this Section for a separate |
| 23 | | redevelopment project area that does not overlap in any way |
| 24 | | with the State Sales Tax Boundary receiving payments of State |
| 25 | | taxes pursuant to subsection (1) of this Section. |
| 26 | | A certified copy of such ordinance shall be submitted by |
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| 1 | | the municipality to the Department of Commerce and Economic |
| 2 | | Opportunity and the Department of Revenue not later than 30 |
| 3 | | days after the effective date of the ordinance. Upon |
| 4 | | submission of the ordinances, and the information required |
| 5 | | pursuant to subsection 3 of this Section, the Department of |
| 6 | | Revenue shall promptly determine the amount of such taxes paid |
| 7 | | under the Retailers' Occupation Tax Act, Use Tax Act, Service |
| 8 | | Use Tax Act, the Service Occupation Tax Act, the Municipal |
| 9 | | Retailers' Occupation Tax Act and the Municipal Service |
| 10 | | Occupation Tax Act by retailers and servicemen on transactions |
| 11 | | at places located in the redevelopment project area during the |
| 12 | | base year, and shall certify all the foregoing "initial sales |
| 13 | | tax amounts" to the municipality within 60 days of submission |
| 14 | | of the list required of subsection (3)(a) of this Section. |
| 15 | | If a retailer or serviceman with a place of business |
| 16 | | located within a redevelopment project area also has one or |
| 17 | | more other places of business within the municipality but |
| 18 | | outside the redevelopment project area, the retailer or |
| 19 | | serviceman shall, upon request of the Department of Revenue, |
| 20 | | certify to the Department of Revenue the amount of taxes paid |
| 21 | | pursuant to the Retailers' Occupation Tax Act, the Municipal |
| 22 | | Retailers' Occupation Tax Act, the Service Occupation Tax Act |
| 23 | | and the Municipal Service Occupation Tax Act at each place of |
| 24 | | business which is located within the redevelopment project |
| 25 | | area in the manner and for the periods of time requested by the |
| 26 | | Department of Revenue. |
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| 1 | | When the municipality determines that a portion of an |
| 2 | | increase in the aggregate amount of taxes paid by retailers |
| 3 | | and servicemen under the Retailers' Occupation Tax Act, Use |
| 4 | | Tax Act, Service Use Tax Act, or the Service Occupation Tax Act |
| 5 | | is the result of a retailer or serviceman initiating retail or |
| 6 | | service operations in the redevelopment project area by such |
| 7 | | retailer or serviceman with a resulting termination of retail |
| 8 | | or service operations by such retailer or serviceman at |
| 9 | | another location in Illinois in the standard metropolitan |
| 10 | | statistical area of such municipality, the Department of |
| 11 | | Revenue shall be notified that the retailers occupation tax |
| 12 | | liability, use tax liability, service occupation tax |
| 13 | | liability, or service use tax liability from such retailer's |
| 14 | | or serviceman's terminated operation shall be included in the |
| 15 | | base Initial Sales Tax Amounts from which the State Sales Tax |
| 16 | | Increment is calculated for purposes of State payments to the |
| 17 | | affected municipality; provided, however, for purposes of this |
| 18 | | paragraph "termination" shall mean a closing of a retail or |
| 19 | | service operation which is directly related to the opening of |
| 20 | | the same retail or service operation in a redevelopment |
| 21 | | project area which is included within a State Sales Tax |
| 22 | | Boundary, but it shall not include retail or service |
| 23 | | operations closed for reasons beyond the control of the |
| 24 | | retailer or serviceman, as determined by the Department. |
| 25 | | If the municipality makes the determination referred to in |
| 26 | | the prior paragraph and notifies the Department and if the |
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| 1 | | relocation is from a location within the municipality, the |
| 2 | | Department, at the request of the municipality, shall adjust |
| 3 | | the certified aggregate amount of taxes that constitute the |
| 4 | | Municipal Sales Tax Increment paid by retailers and servicemen |
| 5 | | on transactions at places of business located within the State |
| 6 | | Sales Tax Boundary during the base year using the same |
| 7 | | procedures as are employed to make the adjustment referred to |
| 8 | | in the prior paragraph. The adjusted Municipal Sales Tax |
| 9 | | Increment calculated by the Department shall be sufficient to |
| 10 | | satisfy the requirements of subsection (1) of this Section. |
| 11 | | When a municipality which has adopted tax increment |
| 12 | | allocation financing in 1986 determines that a portion of the |
| 13 | | aggregate amount of taxes paid by retailers and servicemen |
| 14 | | under the Retailers Occupation Tax Act, Use Tax Act, Service |
| 15 | | Use Tax Act, or Service Occupation Tax Act, the Municipal |
| 16 | | Retailers' Occupation Tax Act and the Municipal Service |
| 17 | | Occupation Tax Act, includes revenue of a retailer or |
| 18 | | serviceman which terminated retailer or service operations in |
| 19 | | 1986, prior to the adoption of tax increment allocation |
| 20 | | financing, the Department of Revenue shall be notified by such |
| 21 | | municipality that the retailers' occupation tax liability, use |
| 22 | | tax liability, service occupation tax liability or service use |
| 23 | | tax liability, from such retailer's or serviceman's terminated |
| 24 | | operations shall be excluded from the Initial Sales Tax |
| 25 | | Amounts for such taxes. The revenue from any such retailer or |
| 26 | | serviceman which is excluded from the base year under this |
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| 1 | | paragraph, shall not be included in calculating incremental |
| 2 | | revenues if such retailer or serviceman reestablishes such |
| 3 | | business in the redevelopment project area. |
| 4 | | For State fiscal year 1992, the Department of Revenue |
| 5 | | shall budget, and the Illinois General Assembly shall |
| 6 | | appropriate from the Illinois Tax Increment Fund in the State |
| 7 | | treasury, an amount not to exceed $18,000,000 to pay to each |
| 8 | | eligible municipality the Net State Sales Tax Increment to |
| 9 | | which such municipality is entitled. |
| 10 | | Beginning on January 1, 1993, each municipality's |
| 11 | | proportional share of the Illinois Tax Increment Fund shall be |
| 12 | | determined by adding the annual Net State Sales Tax Increment |
| 13 | | and the annual Net Utility Tax Increment to determine the |
| 14 | | Annual Total Increment. The ratio of the Annual Total |
| 15 | | Increment of each municipality to the Annual Total Increment |
| 16 | | for all municipalities, as most recently calculated by the |
| 17 | | Department, shall determine the proportional shares of the |
| 18 | | Illinois Tax Increment Fund to be distributed to each |
| 19 | | municipality. |
| 20 | | Beginning in October, 1993, and each January, April, July |
| 21 | | and October thereafter, the Department of Revenue shall |
| 22 | | certify to the Treasurer and the Comptroller the amounts |
| 23 | | payable quarter annually during the fiscal year to each |
| 24 | | municipality under this Section. The Comptroller shall |
| 25 | | promptly then draw warrants, ordering the State Treasurer to |
| 26 | | pay such amounts from the Illinois Tax Increment Fund in the |
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| 1 | | State treasury. |
| 2 | | The Department of Revenue shall utilize the same periods |
| 3 | | established for determining State Sales Tax Increment to |
| 4 | | determine the Municipal Sales Tax Increment for the area |
| 5 | | within a State Sales Tax Boundary and certify such amounts to |
| 6 | | such municipal treasurer who shall transfer such amounts to |
| 7 | | the special tax allocation fund. |
| 8 | | The provisions of this subsection (1) do not apply to |
| 9 | | additional municipal retailers' occupation or service |
| 10 | | occupation taxes imposed by municipalities using their home |
| 11 | | rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4 |
| 12 | | and 8-11-1.5 of this Act. A municipality shall not receive |
| 13 | | from the State any share of the Illinois Tax Increment Fund |
| 14 | | unless such municipality deposits all its Municipal Sales Tax |
| 15 | | Increment and the local incremental real property tax |
| 16 | | revenues, as provided herein, into the appropriate special tax |
| 17 | | allocation fund. If, however, a municipality has extended the |
| 18 | | estimated dates of completion of the redevelopment project and |
| 19 | | retirement of obligations to finance redevelopment project |
| 20 | | costs by municipal ordinance to December 31, 2013 under |
| 21 | | subsection (n) of Section 11-74.4-3, then that municipality |
| 22 | | shall continue to receive from the State a share of the |
| 23 | | Illinois Tax Increment Fund so long as the municipality |
| 24 | | deposits, from any funds available, excluding funds in the |
| 25 | | special tax allocation fund, an amount equal to the municipal |
| 26 | | share of the real property tax increment revenues into the |
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| 1 | | special tax allocation fund during the extension period. The |
| 2 | | amount to be deposited by the municipality in each of the tax |
| 3 | | years affected by the extension to December 31, 2013 shall be |
| 4 | | equal to the municipal share of the property tax increment |
| 5 | | deposited into the special tax allocation fund by the |
| 6 | | municipality for the most recent year that the property tax |
| 7 | | increment was distributed. A municipality located within an |
| 8 | | economic development project area created under the County |
| 9 | | Economic Development Project Area Property Tax Allocation Act |
| 10 | | which has abated any portion of its property taxes which |
| 11 | | otherwise would have been deposited in its special tax |
| 12 | | allocation fund shall not receive from the State the Net Sales |
| 13 | | Tax Increment. |
| 14 | | (2) A municipality which has adopted tax increment |
| 15 | | allocation financing with regard to an industrial park or |
| 16 | | industrial park conservation area, prior to January 1, 1988, |
| 17 | | may by ordinance authorize the Department of Revenue to |
| 18 | | annually certify and pay from the Illinois Tax Increment Fund |
| 19 | | to such municipality for deposit in the municipality's special |
| 20 | | tax allocation fund an amount equal to the Net State Utility |
| 21 | | Tax Increment. Provided that for purposes of this Section no |
| 22 | | amendments adding additional area to the redevelopment project |
| 23 | | area shall be taken into account if such amendments are |
| 24 | | adopted by the municipality after January 1, 1988. |
| 25 | | Municipalities adopting an ordinance under this subsection (2) |
| 26 | | of this Section for a redevelopment project area shall not be |
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| 1 | | entitled to payment of State taxes authorized under subsection |
| 2 | | (1) of this Section for the same redevelopment project area |
| 3 | | which is within a State Sales Tax Boundary. Nothing herein |
| 4 | | shall be construed to prevent a municipality from receiving |
| 5 | | payment of State taxes authorized under subsection (1) of this |
| 6 | | Section for a separate redevelopment project area within a |
| 7 | | State Sales Tax Boundary that does not overlap in any way with |
| 8 | | the redevelopment project area receiving payments of State |
| 9 | | taxes pursuant to subsection (2) of this Section. |
| 10 | | A certified copy of such ordinance shall be submitted to |
| 11 | | the Department of Commerce and Economic Opportunity and the |
| 12 | | Department of Revenue not later than 30 days after the |
| 13 | | effective date of the ordinance. |
| 14 | | When a municipality determines that a portion of an |
| 15 | | increase in the aggregate amount of taxes paid by industrial |
| 16 | | or commercial facilities under the Public Utilities Act, is |
| 17 | | the result of an industrial or commercial facility initiating |
| 18 | | operations in the redevelopment project area with a resulting |
| 19 | | termination of such operations by such industrial or |
| 20 | | commercial facility at another location in Illinois, the |
| 21 | | Department of Revenue shall be notified by such municipality |
| 22 | | that such industrial or commercial facility's liability under |
| 23 | | the Public Utility Tax Act shall be included in the base from |
| 24 | | which tax increments are calculated for purposes of State |
| 25 | | payments to the affected municipality. |
| 26 | | After receipt of the calculations by the public utility as |
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| 1 | | required by subsection (4) of this Section, the Department of |
| 2 | | Revenue shall annually budget and the Illinois General |
| 3 | | Assembly shall annually appropriate from the General Revenue |
| 4 | | Fund through State Fiscal Year 1989, and thereafter from the |
| 5 | | Illinois Tax Increment Fund, an amount sufficient to pay to |
| 6 | | each eligible municipality the amount of incremental revenue |
| 7 | | attributable to State electric and gas taxes as reflected by |
| 8 | | the charges imposed on persons in the project area to which |
| 9 | | such municipality is entitled by comparing the preceding |
| 10 | | calendar year with the base year as determined by this |
| 11 | | Section. Beginning on January 1, 1993, each municipality's |
| 12 | | proportional share of the Illinois Tax Increment Fund shall be |
| 13 | | determined by adding the annual Net State Utility Tax |
| 14 | | Increment and the annual Net Utility Tax Increment to |
| 15 | | determine the Annual Total Increment. The ratio of the Annual |
| 16 | | Total Increment of each municipality to the Annual Total |
| 17 | | Increment for all municipalities, as most recently calculated |
| 18 | | by the Department, shall determine the proportional shares of |
| 19 | | the Illinois Tax Increment Fund to be distributed to each |
| 20 | | municipality. |
| 21 | | A municipality shall not receive any share of the Illinois |
| 22 | | Tax Increment Fund from the State unless such municipality |
| 23 | | imposes the maximum municipal charges authorized pursuant to |
| 24 | | Section 9-221 of the Public Utilities Act and deposits all |
| 25 | | municipal utility tax incremental revenues as certified by the |
| 26 | | public utilities, and all local real estate tax increments |
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| 1 | | into such municipality's special tax allocation fund. |
| 2 | | (3) Within 30 days after the adoption of the ordinance |
| 3 | | required by either subsection (1) or subsection (2) of this |
| 4 | | Section, the municipality shall transmit to the Department of |
| 5 | | Commerce and Economic Opportunity and the Department of |
| 6 | | Revenue 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 |
| 2 | | information set forth in paragraph (b) of subsection (3) shall |
| 3 | | immediately forward such information to each public utility |
| 4 | | furnishing natural gas or electricity to buildings within the |
| 5 | | redevelopment project area. Upon receipt of such information, |
| 6 | | each 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 |
| 7 | | the redevelopment project area notify the Department of |
| 8 | | Revenue and the municipality of any increase in charges over |
| 9 | | the base year determinations made pursuant to paragraphs (b) |
| 10 | | and (c). |
| 11 | | (5) The payments authorized under this Section shall be |
| 12 | | deposited by the municipal treasurer in the special tax |
| 13 | | allocation fund of the municipality, which for accounting |
| 14 | | purposes shall identify the sources of each payment as: |
| 15 | | municipal receipts from the State retailers occupation, |
| 16 | | service occupation, use and service use taxes; and municipal |
| 17 | | public utility taxes charged to customers under the Public |
| 18 | | Utilities Act and State public utility taxes charged to |
| 19 | | customers under the Public Utilities Act. |
| 20 | | (6) Before the effective date of this amendatory Act of |
| 21 | | the 91st General Assembly, any municipality receiving payments |
| 22 | | authorized under this Section for any redevelopment project |
| 23 | | area or area within a State Sales Tax Boundary within the |
| 24 | | municipality shall submit to the Department of Revenue and to |
| 25 | | the taxing districts which are sent the notice required by |
| 26 | | Section 6 of this Act annually within 180 days after the close |
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| 1 | | of each municipal fiscal year the following information for |
| 2 | | the 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 |
| 26 | | this amendatory Act of the 91st General Assembly, any funds |
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| 1 | | which have not been designated for use in a specific |
| 2 | | development project in the annual report shall be designated |
| 3 | | as surplus. No funds may be held in the Special Tax Allocation |
| 4 | | Fund for more than 36 months from the date of receipt unless |
| 5 | | the money is required for payment of contractual obligations |
| 6 | | for specific development project costs. If held for more than |
| 7 | | 36 months in violation of the preceding sentence, such funds |
| 8 | | shall be designated as surplus. Any funds designated as |
| 9 | | surplus must first be used for early redemption of any bond |
| 10 | | obligations. Any funds designated as surplus which are not |
| 11 | | disposed of as otherwise provided in this paragraph, shall be |
| 12 | | distributed as surplus as provided in Section 11-74.4-7. |
| 13 | | (7) Any appropriation made pursuant to this Section for |
| 14 | | the 1987 State fiscal year shall not exceed the amount of $7 |
| 15 | | million and for the 1988 State fiscal year the amount of $10 |
| 16 | | million. The amount which shall be distributed to each |
| 17 | | municipality shall be the incremental revenue to which each |
| 18 | | municipality is entitled as calculated by the Department of |
| 19 | | Revenue, unless the requests of the municipality exceed the |
| 20 | | appropriation, then the amount to which each municipality |
| 21 | | shall be entitled shall be prorated among the municipalities |
| 22 | | in the same proportion as the increment to which the |
| 23 | | municipality would be entitled bears to the total increment |
| 24 | | which all municipalities would receive in the absence of this |
| 25 | | limitation, provided that no municipality may receive an |
| 26 | | amount in excess of 15% of the appropriation. For the 1987 Net |
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| 1 | | State Sales Tax Increment payable in Fiscal Year 1989, no |
| 2 | | municipality shall receive more than 7.5% of the total |
| 3 | | appropriation; provided, however, that any of the |
| 4 | | appropriation remaining after such distribution shall be |
| 5 | | prorated among municipalities on the basis of their pro rata |
| 6 | | share of the total increment. Beginning on January 1, 1993, |
| 7 | | each municipality's proportional share of the Illinois Tax |
| 8 | | Increment Fund shall be determined by adding the annual Net |
| 9 | | State Sales Tax Increment and the annual Net Utility Tax |
| 10 | | Increment to determine the Annual Total Increment. The ratio |
| 11 | | of the Annual Total Increment of each municipality to the |
| 12 | | Annual Total Increment for all municipalities, as most |
| 13 | | recently calculated by the Department, shall determine the |
| 14 | | proportional shares of the Illinois Tax Increment Fund to be |
| 15 | | distributed to each municipality. |
| 16 | | (7.1) No distribution of Net State Sales Tax Increment to |
| 17 | | a municipality for an area within a State Sales Tax Boundary |
| 18 | | shall exceed in any State Fiscal Year an amount equal to 3 |
| 19 | | times the sum of the Municipal Sales Tax Increment, the real |
| 20 | | property tax increment and deposits of funds from other |
| 21 | | sources, excluding state and federal funds, as certified by |
| 22 | | the city treasurer to the Department of Revenue for an area |
| 23 | | within a State Sales Tax Boundary. After July 29, 1988, for |
| 24 | | those municipalities which issue bonds between June 1, 1988 |
| 25 | | and 3 years from July 29, 1988 to finance redevelopment |
| 26 | | projects within the area in a State Sales Tax Boundary, the |
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| 1 | | distribution of Net State Sales Tax Increment during the 16th |
| 2 | | through 20th years from the date of issuance of the bonds shall |
| 3 | | not exceed in any State Fiscal Year an amount equal to 2 times |
| 4 | | the sum of the Municipal Sales Tax Increment, the real |
| 5 | | property tax increment and deposits of funds from other |
| 6 | | sources, excluding State and federal funds. |
| 7 | | (8) Any person who knowingly files or causes to be filed |
| 8 | | false information for the purpose of increasing the amount of |
| 9 | | any State tax incremental revenue commits a Class A |
| 10 | | misdemeanor. |
| 11 | | (9) The following procedures shall be followed to |
| 12 | | determine whether municipalities have complied with the Act |
| 13 | | for the purpose of receiving distributions after July 1, 1989 |
| 14 | | pursuant 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 |
| 13 | | in accordance with the provisions of subsection (9) of this |
| 14 | | Section, such boundaries shall subsequently be utilized to |
| 15 | | determine Revised Initial Sales Tax Amounts and the Net State |
| 16 | | Sales Tax Increment; provided, however, that such revised |
| 17 | | State Sales Tax Boundary shall not have any effect upon the |
| 18 | | boundary of the redevelopment project area established for the |
| 19 | | purposes of determining the ad valorem taxes on real property |
| 20 | | pursuant to Sections 11-74.4-7 and 11-74.4-8 of this Act nor |
| 21 | | upon the municipality's authority to implement the |
| 22 | | redevelopment plan for that redevelopment project area. For |
| 23 | | any redevelopment project area with a smaller State Sales Tax |
| 24 | | Boundary within its area, the municipality may annually elect |
| 25 | | to deposit the Municipal Sales Tax Increment for the |
| 26 | | redevelopment project area in the special tax allocation fund |
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| 1 | | and shall certify the amount to the Department prior to |
| 2 | | receipt of the Net State Sales Tax Increment. Any municipality |
| 3 | | required by subsection (9) to establish a State Sales Tax |
| 4 | | Boundary for one or more of its redevelopment project areas |
| 5 | | shall submit all necessary information required by the |
| 6 | | Department concerning such boundary and the retailers therein, |
| 7 | | by October 1, 1989, after complying with the procedures for |
| 8 | | amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of |
| 9 | | this Act. Net State Sales Tax Increment produced within the |
| 10 | | State Sales Tax Boundary shall be spent only within that area. |
| 11 | | However expenditures of all municipal property tax increment |
| 12 | | and municipal sales tax increment in a redevelopment project |
| 13 | | area are not required to be spent within the smaller State |
| 14 | | Sales Tax Boundary within such redevelopment project area. |
| 15 | | (11) The Department of Revenue shall have the authority to |
| 16 | | issue rules and regulations for purposes of this Section. |
| 17 | | (12) If, under Section 5.4.1 of the Illinois Enterprise |
| 18 | | Zone Act, a municipality determines that property that lies |
| 19 | | within a State Sales Tax Boundary has an improvement, |
| 20 | | rehabilitation, or renovation that is entitled to a property |
| 21 | | tax abatement, then that property along with any improvements, |
| 22 | | rehabilitation, or renovations shall be immediately removed |
| 23 | | from any State Sales Tax Boundary. The municipality that made |
| 24 | | the determination shall notify the Department of Revenue |
| 25 | | within 30 days after the determination. Once a property is |
| 26 | | removed from the State Sales Tax Boundary because of the |
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| 1 | | existence of a property tax abatement resulting from an |
| 2 | | enterprise zone, then that property shall not be permitted to |
| 3 | | be 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; |
| 7 | | changes. |
| 8 | | (a) Before adoption of an ordinance proposing the |
| 9 | | designation of a redevelopment planning area or a |
| 10 | | redevelopment project area, or both, or approving a |
| 11 | | redevelopment plan or redevelopment project, the municipality |
| 12 | | or commission designated pursuant to subsection (l) of Section |
| 13 | | 11-74.6-15 shall fix by ordinance or resolution a time and |
| 14 | | place for public hearing. Prior to the adoption of the |
| 15 | | ordinance or resolution establishing the time and place for |
| 16 | | the public hearing, the municipality shall make available for |
| 17 | | public inspection a redevelopment plan or a report that |
| 18 | | provides in sufficient detail, the basis for the eligibility |
| 19 | | of the redevelopment project area. The report along with the |
| 20 | | name of a person to contact for further information shall be |
| 21 | | sent to the affected taxing district by certified mail within |
| 22 | | a reasonable time following the adoption of the ordinance or |
| 23 | | resolution establishing the time and place for the public |
| 24 | | hearing. |
| 25 | | At the public hearing any interested person or affected |
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| 1 | | taxing district may file with the municipal clerk written |
| 2 | | objections to the ordinance and may be heard orally on any |
| 3 | | issues that are the subject of the hearing. The municipality |
| 4 | | shall hear and determine all alternate proposals or bids for |
| 5 | | any proposed conveyance, lease, mortgage or other disposition |
| 6 | | of land and all protests and objections at the hearing and the |
| 7 | | hearing may be adjourned to another date without further |
| 8 | | notice other than a motion to be entered upon the minutes |
| 9 | | fixing the time and place of the later hearing. At the public |
| 10 | | hearing or at any time prior to the adoption by the |
| 11 | | municipality of an ordinance approving a redevelopment plan, |
| 12 | | the municipality may make changes in the redevelopment plan. |
| 13 | | Changes which (1) add additional parcels of property to the |
| 14 | | proposed redevelopment project area, (2) substantially affect |
| 15 | | the general land uses proposed in the redevelopment plan, or |
| 16 | | (3) substantially change the nature of or extend the life of |
| 17 | | the redevelopment project shall be made only after the |
| 18 | | municipality gives notice, convenes a joint review board, and |
| 19 | | conducts a public hearing pursuant to the procedures set forth |
| 20 | | in this Section and in Section 11-74.6-25. Changes which do |
| 21 | | not (1) add additional parcels of property to the proposed |
| 22 | | redevelopment project area, (2) substantially affect the |
| 23 | | general land uses proposed in the redevelopment plan, or (3) |
| 24 | | substantially change the nature of or extend the life of the |
| 25 | | redevelopment project may be made without further hearing, |
| 26 | | provided that the municipality shall give notice of any such |
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| 1 | | changes by mail to each affected taxing district and by |
| 2 | | publication once in a newspaper of general circulation within |
| 3 | | the affected taxing district. Such notice by mail and by |
| 4 | | publication shall each occur not later than 10 days following |
| 5 | | the adoption by ordinance of such changes. |
| 6 | | (b) Before adoption of an ordinance proposing the |
| 7 | | designation of a redevelopment planning area or a |
| 8 | | redevelopment project area, or both, or amending the |
| 9 | | boundaries of an existing redevelopment project area or |
| 10 | | redevelopment planning area, or both, the municipality shall |
| 11 | | convene a joint review board to consider the proposal. The |
| 12 | | board shall consist of a representative selected by each |
| 13 | | taxing district that has authority to levy real property taxes |
| 14 | | on the property within the proposed redevelopment project area |
| 15 | | and that has at least 5% of its total equalized assessed value |
| 16 | | located within the proposed redevelopment project area, a |
| 17 | | representative selected by the municipality and a public |
| 18 | | member. The public member and the board's chairperson shall be |
| 19 | | selected by a majority of other board members. |
| 20 | | All board members shall be appointed and the first board |
| 21 | | meeting held within 14 days following the notice by the |
| 22 | | municipality to all the taxing districts as required by |
| 23 | | subsection (c) of Section 11-74.6-25. The notice shall also |
| 24 | | advise the taxing bodies represented on the joint review board |
| 25 | | of the time and place of the first meeting of the board. |
| 26 | | Additional meetings of the board shall be held upon the call of |
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| 1 | | any 2 members. The municipality seeking designation of the |
| 2 | | redevelopment project area may provide administrative support |
| 3 | | to the board. |
| 4 | | The board shall review the public record, planning |
| 5 | | documents and proposed ordinances approving the redevelopment |
| 6 | | plan and project to be adopted by the municipality. As part of |
| 7 | | its deliberations, the board may hold additional hearings on |
| 8 | | the proposal. A board's recommendation, if any, shall be a |
| 9 | | written recommendation adopted by a majority vote of the board |
| 10 | | and submitted to the municipality within 30 days after the |
| 11 | | board convenes. A board's recommendation shall be binding upon |
| 12 | | the municipality. Failure of the board to submit its |
| 13 | | recommendation on a timely basis shall not be cause to delay |
| 14 | | the public hearing or the process of establishing or amending |
| 15 | | the redevelopment project area. The board's recommendation on |
| 16 | | the proposal shall be based upon the area satisfying the |
| 17 | | applicable eligibility criteria defined in Section 11-74.6-10 |
| 18 | | and whether there is a basis for the municipal findings set |
| 19 | | forth in the redevelopment plan as required by this Act. If the |
| 20 | | board does not file a recommendation it shall be presumed that |
| 21 | | the board has found that the redevelopment project area |
| 22 | | satisfies the eligibility criteria. |
| 23 | | (c) After a municipality has by ordinance approved a |
| 24 | | redevelopment plan and designated a redevelopment planning |
| 25 | | area or a redevelopment project area, or both, the plan may be |
| 26 | | amended and additional properties may be added to the |
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| 1 | | redevelopment project area only as herein provided. Amendments |
| 2 | | which (1) add additional parcels of property to the proposed |
| 3 | | redevelopment project area, (2) substantially affect the |
| 4 | | general land uses proposed in the redevelopment plan, (3) |
| 5 | | substantially change the nature of the redevelopment project, |
| 6 | | (4) increase the total estimated redevelopment project costs |
| 7 | | set out in the redevelopment plan by more than 5% after |
| 8 | | adjustment for inflation from the date the plan was adopted, |
| 9 | | or (5) add additional redevelopment project costs to the |
| 10 | | itemized list of redevelopment project costs set out in the |
| 11 | | redevelopment plan shall be made only after the municipality |
| 12 | | gives notice, convenes a joint review board, and conducts a |
| 13 | | public hearing pursuant to the procedures set forth in this |
| 14 | | Section and in Section 11-74.6-25. Changes which do not (1) |
| 15 | | add additional parcels of property to the proposed |
| 16 | | redevelopment project area, (2) substantially affect the |
| 17 | | general land uses proposed in the redevelopment plan, (3) |
| 18 | | substantially change the nature of the redevelopment project, |
| 19 | | (4) increase the total estimated redevelopment project cost |
| 20 | | set out in the redevelopment plan by more than 5% after |
| 21 | | adjustment for inflation from the date the plan was adopted, |
| 22 | | or (5) add additional redevelopment project costs to the |
| 23 | | itemized list of redevelopment project costs set out in the |
| 24 | | redevelopment plan may be made without further hearing, |
| 25 | | provided that the municipality shall give notice of any such |
| 26 | | changes by mail to each affected taxing district and by |
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| 1 | | publication once in a newspaper of general circulation within |
| 2 | | the affected taxing district. Such notice by mail and by |
| 3 | | publication shall each occur not later than 10 days following |
| 4 | | the adoption by ordinance of such changes. |
| 5 | | Notwithstanding Section 11-74.6-50, the redevelopment |
| 6 | | project area established by an ordinance adopted in its final |
| 7 | | form on December 19, 2011 by the City of Loves Park may be |
| 8 | | expanded by the adoption of an ordinance to that effect |
| 9 | | without further hearing or notice to include land that (i) is |
| 10 | | at least in part contiguous to the existing redevelopment |
| 11 | | project area, (ii) does not exceed approximately 16.56 acres, |
| 12 | | (iii) at the time of the establishment of the redevelopment |
| 13 | | project area would have been otherwise eligible for inclusion |
| 14 | | in the redevelopment project area, and (iv) is zoned so as to |
| 15 | | comply with this Act prior to its inclusion in the |
| 16 | | redevelopment project area. |
| 17 | | (d) After the effective date of this amendatory Act of the |
| 18 | | 91st General Assembly, a municipality shall submit the |
| 19 | | following information for each redevelopment project area (i) |
| 20 | | to the State Comptroller under Section 8-8-3.5 of the Illinois |
| 21 | | Municipal Code, subject to any extensions or exemptions |
| 22 | | provided at the Comptroller's discretion under that Section, |
| 23 | | and (ii) to all taxing districts overlapping the redevelopment |
| 24 | | project area no later than 180 days after the close of each |
| 25 | | municipal fiscal year, or, for fiscal years ending before |
| 26 | | January 1, 2028, year or as soon thereafter as the audited |
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| 1 | | financial statements become available and, in any case, shall |
| 2 | | be submitted before the annual meeting of the joint review |
| 3 | | board to each of the taxing districts that overlap the |
| 4 | | redevelopment 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 |
| 6 | | this Section, for Fiscal Year 2022 and each fiscal year |
| 7 | | thereafter, reporting municipalities shall also report to the |
| 8 | | Comptroller annually in a manner and format prescribed by the |
| 9 | | Comptroller: (1) the number of jobs, if any, projected to be |
| 10 | | created for each redevelopment project area at the time of |
| 11 | | approval of the redevelopment agreement; (2) the number of |
| 12 | | jobs, if any, created as a result of the development to date |
| 13 | | for that reporting period under the same guidelines and |
| 14 | | assumptions as was used for the projections used at the time of |
| 15 | | approval of the redevelopment agreement; (3) the amount of |
| 16 | | increment projected to be created at the time of approval of |
| 17 | | the redevelopment agreement for each redevelopment project |
| 18 | | area; (4) the amount of increment created as a result of the |
| 19 | | development to date for that reporting period using the same |
| 20 | | assumptions as was used for the projections used at the time of |
| 21 | | the approval of the redevelopment agreement; and (5) the |
| 22 | | stated rate of return identified by the developer to the |
| 23 | | municipality for each redevelopment project area, if any. |
| 24 | | Stated rates of return required to be reported in item (5) |
| 25 | | shall be independently verified by a third party chosen by the |
| 26 | | municipality. Reporting municipalities shall also report to |
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| 1 | | the Comptroller a copy of the redevelopment plan each time the |
| 2 | | redevelopment plan is enacted, amended, or extended in a |
| 3 | | manner and format prescribed by the Comptroller. These |
| 4 | | requirements shall only apply to redevelopment projects |
| 5 | | beginning in or after Fiscal Year 2022. |
| 6 | | (e) The joint review board shall meet annually 180 days |
| 7 | | after the close of the municipal fiscal year, or, for fiscal |
| 8 | | years ending before January 1, 2028, year or as soon as the |
| 9 | | redevelopment project audit for that fiscal year becomes |
| 10 | | available to review the effectiveness and status of the |
| 11 | | redevelopment 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 |
| 15 | | constructs or acquires or improves a facility under this |
| 16 | | Division 94 shall charge for the use thereof at a rate which at |
| 17 | | all times is sufficient to pay maintenance and operation |
| 18 | | costs, depreciation and the principal and interest on the |
| 19 | | bonds. Such a municipality may make, enact, and enforce all |
| 20 | | needful rules and regulations for the construction, |
| 21 | | acquisition, improvement, extension, management, maintenance, |
| 22 | | care, and protection of its natatoriums or swimming pools, |
| 23 | | indoor or outdoor tennis courts, handball, racquetball or |
| 24 | | squash courts, artificial ice skating rinks or golf courses, |
| 25 | | or any other recreational facility, or any combination of |
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| 1 | | facilities, as the case may be, and for the use thereof. |
| 2 | | Charges or rates for the use of the facility shall be |
| 3 | | established, revised, maintained, and payable as the corporate |
| 4 | | authorities may determine by ordinance. |
| 5 | | While any bond issued under this Division 94 is |
| 6 | | outstanding, such a municipality is required to maintain and |
| 7 | | operate its natatoriums or swimming pools, indoor or outdoor |
| 8 | | tennis courts, handball, racquetball or squash courts, |
| 9 | | artificial ice skating rinks or golf courses, or any other |
| 10 | | recreational facility, or any combination of facilities, as |
| 11 | | long as it can do so out of the revenue derived from the |
| 12 | | operation thereof. It shall not sell, lease, loan, mortgage or |
| 13 | | in any other manner dispose of the natatoriums or swimming |
| 14 | | pools, indoor or outdoor tennis courts, handball, racquetball |
| 15 | | or squash courts, artificial ice skating rinks or golf |
| 16 | | courses, or any other recreational facility, or any |
| 17 | | combination of facilities, until all of the bonds so issued |
| 18 | | have been paid in full, both principal and interest or until |
| 19 | | provision has been made for the payment of all of the bonds and |
| 20 | | interests thereon in full. |
| 21 | | Such a municipality shall install and maintain a proper |
| 22 | | system of accounts, showing the amount of revenue received |
| 23 | | from the operation of its natatoriums or swimming pools, |
| 24 | | indoor or outdoor tennis courts, handball, racquetball or |
| 25 | | squash courts, artificial ice skating rinks or golf courses. |
| 26 | | At least once each year, the municipality shall have the |
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| 1 | | accounts properly audited for fiscal years ending before |
| 2 | | January 1, 2028. A report of this audit shall be open for |
| 3 | | inspection at all times to any taxpayer, or to a holder of any |
| 4 | | bond or coupon of any bond issued under this Division 94, or to |
| 5 | | their respective representatives. |
| 6 | | This amendatory Act of 1973 is not a limit upon any |
| 7 | | municipality which is a home rule unit. |
| 8 | | This amendatory Act of 1975 is not a limit upon any |
| 9 | | municipality 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, |
| 13 | | shall keep the accounts for each public utility distinct from |
| 14 | | other municipal accounts and in such manner as to show the true |
| 15 | | and complete financial results of municipal ownership or |
| 16 | | ownership and operation, as the case may be. These accounts |
| 17 | | shall be so kept as to show (1) the actual cost of the |
| 18 | | municipality of each public utility owned; (2) all costs of |
| 19 | | maintenance, extension, and improvement; (3) all operating |
| 20 | | expenses of every description, in case of municipal operation; |
| 21 | | (4) the amounts set aside for sinking fund purposes; (5) if |
| 22 | | water or other service is furnished for the use of a public |
| 23 | | utility without charge, as nearly as possible, the value of |
| 24 | | that service and also the value of any similar service |
| 25 | | rendered by each public utility to any other municipal |
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| 1 | | department without charge; (6) reasonable allowances for |
| 2 | | interest, depreciation, and insurance; and (7) estimates of |
| 3 | | the amount of taxes that would be chargeable against each |
| 4 | | public utility if owned by a private corporation. |
| 5 | | For fiscal years ending before January 1, 2028, the The |
| 6 | | corporate authorities shall print annually for public |
| 7 | | distribution, a report, in the form specified in this Section, |
| 8 | | showing the financial results of the municipal ownership or |
| 9 | | ownership and operation. The accounts of each public utility |
| 10 | | shall be examined once each year by a licensed Certified |
| 11 | | Public Accountant permitted to perform audits under the |
| 12 | | Illinois Public Accounting Act who shall report to the |
| 13 | | corporate authorities the results of his examination. This |
| 14 | | accountant shall be selected in such manner as the corporate |
| 15 | | authorities may direct, and he shall receive for his services |
| 16 | | such compensation, to be paid out of the revenue from each |
| 17 | | public 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 |
| 22 | | noncontiguous, and which operate an electric utility system, |
| 23 | | may form a municipal power agency by the execution of an agency |
| 24 | | agreement authorized by an ordinance adopted by the governing |
| 25 | | body 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 |
| 7 | | municipal power agency established pursuant to this Division |
| 8 | | or such other officer selected by the Board of Directors, |
| 9 | | within 3 months after establishment, shall file a certified |
| 10 | | copy of the agency agreement and a list of the municipalities |
| 11 | | which have adopted the agreement with the recorder of deeds of |
| 12 | | the county in which the principal office is located. The |
| 13 | | recorder of deeds shall record this certified copy and list |
| 14 | | and shall immediately transmit the certified copy and list to |
| 15 | | the Secretary of State, together with his certificate of |
| 16 | | recordation. The Secretary of State shall file these documents |
| 17 | | and issue his certificate of approval over his signature and |
| 18 | | the Great Seal of the State. The Secretary of State shall make |
| 19 | | and keep a register of municipal power agencies established |
| 20 | | under this Division. |
| 21 | | C. Each municipality which becomes a member of the |
| 22 | | municipal power agency shall appoint a representative to serve |
| 23 | | on the Board of Directors, which representative may be a |
| 24 | | member of the governing body of the municipality. Each |
| 25 | | appointment shall be made by the mayor, or president, subject |
| 26 | | to the confirmation of the governing body. The directors so |
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| 1 | | appointed shall hold office for a term of 3 years, or until a |
| 2 | | successor has been duly appointed and qualified, except that |
| 3 | | the directors first appointed shall determine by lot at their |
| 4 | | initial meeting the respective directors which shall serve for |
| 5 | | a term of one, 2 or 3 years from the date of that meeting. A |
| 6 | | vacancy shall be filled for the balance of the unexpired term |
| 7 | | in the same manner as the original appointment. |
| 8 | | The Board of Directors is the corporate authority of the |
| 9 | | municipal power agency and shall exercise all the powers and |
| 10 | | manage and control all of the affairs and property of the |
| 11 | | agency. The Board of Directors shall have full power to pass |
| 12 | | all necessary ordinances, resolutions, rules and regulations |
| 13 | | for the proper management and conduct of the business of the |
| 14 | | board, and for carrying into effect the objects for which the |
| 15 | | agency was established. |
| 16 | | At the initial meeting of the Board of Directors to be held |
| 17 | | within 30 days after the date of establishment of the |
| 18 | | municipal power agency, the directors shall elect from their |
| 19 | | members a presiding officer to preside over the meetings of |
| 20 | | the Board of Directors and an alternative presiding officer |
| 21 | | and may elect an executive board. The Board of Directors shall |
| 22 | | determine and designate in the agency's bylaws the titles for |
| 23 | | the presiding officers. The directors shall also elect a |
| 24 | | secretary and treasurer, who need not be directors. The board |
| 25 | | may select such other officers, employees and agents as deemed |
| 26 | | to be necessary, who need not be directors or residents of any |
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| 1 | | of the municipalities which are members of the municipal power |
| 2 | | agency. The board may designate appropriate titles for all |
| 3 | | other officers, employees, and agents. All persons selected by |
| 4 | | the board shall hold their respective offices during the |
| 5 | | pleasure of the board, and give such bond as may be required by |
| 6 | | the board. |
| 7 | | D. The bylaws of the municipal power agency, and any |
| 8 | | amendments thereto, shall be adopted by the Board of Directors |
| 9 | | by a majority vote (adjusted for weighted voting, if provided |
| 10 | | in 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 |
| 25 | | in the State of Illinois to be known as its principal office. |
| 26 | | When a municipal power agency desires to change the location |
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| 1 | | of such office, it shall file with the Secretary of State a |
| 2 | | certificate of change of location, stating the new address and |
| 3 | | the effective date of change. Meetings of the Board of |
| 4 | | Directors may be held at any place within the State of |
| 5 | | Illinois, designated by the Board of Directors, after notice. |
| 6 | | Unless otherwise provided by the bylaws, an act of the |
| 7 | | majority of the directors present at a meeting at which a |
| 8 | | quorum is present is the act of the Board of Directors. |
| 9 | | F. The Board of Directors shall hold at least one meeting |
| 10 | | each year for the election of officers and for the transaction |
| 11 | | of any other business. Special meetings of the Board of |
| 12 | | Directors may be called for any purpose upon written request |
| 13 | | to the presiding officer of the Board of Directors or |
| 14 | | secretary to call the meeting. Such officer shall give notice |
| 15 | | of the meeting to be held not less than 10 days and not more |
| 16 | | than 60 days after receipt of such request. Unless the bylaws |
| 17 | | provide for a different percentage, a quorum for a meeting of |
| 18 | | the Board of Directors is a majority of all members then in |
| 19 | | office. All meetings of the board shall be held in compliance |
| 20 | | with the provisions of the Open Meetings Act "An Act in |
| 21 | | relation to meetings", approved July 11, 1957, as amended. |
| 22 | | G. The agency agreement may be amended as proposed at any |
| 23 | | meeting of the Board of Directors for which notice, stating |
| 24 | | the purpose, shall be given to each director and, unless the |
| 25 | | bylaws prescribe otherwise, such amendment shall become |
| 26 | | effective when ratified by ordinances adopted by a majority of |
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| 1 | | the governing bodies of the member municipalities. Each |
| 2 | | amendment, duly certified, shall be recorded and filed in the |
| 3 | | same manner as for the original agreement. |
| 4 | | H. Each member municipality shall have full power and |
| 5 | | authority, subject to the provisions of its charter and laws |
| 6 | | regarding local finance, to appropriate money for the payment |
| 7 | | of the expenses of the municipal power agency and of its |
| 8 | | representative in exercising its functions as a member of the |
| 9 | | municipal power agency. |
| 10 | | I. Any additional municipality which operates an electric |
| 11 | | utility system may join the municipal power agency, or any |
| 12 | | member municipality may withdraw therefrom upon the approval |
| 13 | | by ordinance adopted by the governing body of the majority of |
| 14 | | the municipalities which are then members of the municipal |
| 15 | | power agency. Any new member shall agree to assume its |
| 16 | | proportionate share of the outstanding obligations of the |
| 17 | | municipal power agency and any member permitted to withdraw |
| 18 | | shall remain obligated to make payments under any outstanding |
| 19 | | contract or agreement with the municipal power agency. Any |
| 20 | | such change in membership shall be recorded and filed in the |
| 21 | | same manner as for the original agreement. |
| 22 | | J. Any 2 or more municipal power agencies organized |
| 23 | | pursuant to this Division may consolidate to form a new |
| 24 | | municipal power agency when approved by ordinance adopted by |
| 25 | | the governing body of each municipality which is a member of |
| 26 | | the respective municipal power agency and by the execution of |
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| 1 | | an agency agreement as provided in this Section. |
| 2 | | K. For fiscal years ending before January 1, 2028, |
| 3 | | notwithstanding any other provision of law to the contrary, |
| 4 | | the operations and fiscal activities of a municipal power |
| 5 | | agency shall be subject to the Governmental Account Audit Act. |
| 6 | | L. For fiscal years beginning after December 31, 2027, |
| 7 | | notwithstanding any other provision of law to the contrary, |
| 8 | | the operations and fiscal activities of a municipal power |
| 9 | | agency shall be subject to the Government Reporting |
| 10 | | Enhancement 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, |
| 14 | | contiguous or noncontiguous, and which operate a natural gas |
| 15 | | plant or system, may form a municipal natural gas agency by the |
| 16 | | execution of an agency agreement authorized by an ordinance |
| 17 | | adopted by the governing body of each municipality. The agency |
| 18 | | agreement 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 |
| 26 | | municipal natural gas agency established pursuant to this |
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| 1 | | Division or such other officer selected by the Board of |
| 2 | | Directors, within 3 months after establishment, shall file a |
| 3 | | certified copy of the agency agreement and a list of the |
| 4 | | municipalities which have adopted the agreement with the |
| 5 | | recorder of the county in which the principal office is |
| 6 | | located. The recorder shall record this certified copy and |
| 7 | | list and shall immediately transmit the certified copy and |
| 8 | | list to the Secretary of State, together with his certificate |
| 9 | | of recordation. The Secretary of State shall file these |
| 10 | | documents and issue his certificate of approval over his |
| 11 | | signature and the Great Seal of the State. The Secretary of |
| 12 | | State shall make and keep a register of municipal natural gas |
| 13 | | agencies established under this Division. |
| 14 | | C. Each municipality which becomes a member of the |
| 15 | | municipal natural gas agency shall appoint a representative to |
| 16 | | serve on the Board of Directors, which representative may be a |
| 17 | | member of the governing body of the municipality. Each |
| 18 | | appointment shall be made by the mayor, or president, subject |
| 19 | | to the confirmation of the governing body. The directors so |
| 20 | | appointed shall hold office for a term of 3 years, or until a |
| 21 | | successor has been duly appointed and qualified, except that |
| 22 | | the directors first appointed shall determine by lot at their |
| 23 | | initial meeting the respective directors which shall serve for |
| 24 | | a term of one, 2 or 3 years from the date of that meeting. A |
| 25 | | vacancy shall be filled for the balance of the unexpired term |
| 26 | | in the same manner as the original appointment. |
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| 1 | | The Board of Directors is the corporate authority of the |
| 2 | | municipal natural gas agency and shall exercise all the powers |
| 3 | | and manage and control all of the affairs and property of the |
| 4 | | agency. The Board of Directors shall have full power to pass |
| 5 | | all necessary ordinances, resolutions, rules and regulations |
| 6 | | for the proper management and conduct of the business of the |
| 7 | | board, and for carrying into effect the objects for which the |
| 8 | | agency was established. |
| 9 | | At the initial meeting of the Board of Directors to be held |
| 10 | | within 30 days after the date of establishment of the |
| 11 | | municipal natural gas agency, the directors shall elect from |
| 12 | | their members a presiding officer to preside over the meetings |
| 13 | | of the Board of Directors and an alternate presiding officer |
| 14 | | and may elect an executive board. The Board of Directors shall |
| 15 | | determine and designate in the agency's bylaws the titles for |
| 16 | | the presiding officers. The directors shall also elect a |
| 17 | | secretary and treasurer, who need not be directors. The board |
| 18 | | may select such other officers, employees and agents as deemed |
| 19 | | to be necessary, who need not be directors or residents of any |
| 20 | | of the municipalities which are members of the municipal |
| 21 | | natural gas agency. The board may designate appropriate titles |
| 22 | | for all other officers, employees, and agents. All persons |
| 23 | | selected by the board shall hold their respective offices |
| 24 | | during the pleasure of the board, and give such bond as may be |
| 25 | | required by the board. |
| 26 | | D. The bylaws of the municipal natural gas agency, and any |
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| 1 | | amendments thereto, shall be adopted by the Board of Directors |
| 2 | | by a majority vote (adjusted for weighted voting, if provided |
| 3 | | in 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 |
| 18 | | office in the State of Illinois to be known as its principal |
| 19 | | office. When a municipal natural gas agency desires to change |
| 20 | | the location of such office, it shall file with the Secretary |
| 21 | | of State a certificate of change of location, stating the new |
| 22 | | address and the effective date of change. Meetings of the |
| 23 | | Board of Directors may be held at any place within the State of |
| 24 | | Illinois, designated by the Board of Directors, after notice. |
| 25 | | Unless otherwise provided by the bylaws, an act of the |
| 26 | | majority of the directors present at a meeting at which a |
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| 1 | | quorum is present is the act of the Board of Directors. |
| 2 | | F. The Board of Directors shall hold at least one meeting |
| 3 | | each year for the election of officers and for the transaction |
| 4 | | of any other business. Special meetings of the Board of |
| 5 | | Directors may be called for any purpose upon written request |
| 6 | | to the presiding officer of the Board of Directors or |
| 7 | | secretary to call the meeting. Such officer shall give notice |
| 8 | | of the meeting to be held not less than 10 days and not more |
| 9 | | than 60 days after receipt of such request. Unless the bylaws |
| 10 | | provide for a different percentage, a quorum for a meeting of |
| 11 | | the Board of Directors is a majority of all members then in |
| 12 | | office. All meetings of the board shall be held in compliance |
| 13 | | with the provisions of the Open Meetings Act. |
| 14 | | G. The agency agreement may be amended as proposed at any |
| 15 | | meeting of the Board of Directors for which notice, stating |
| 16 | | the purpose, shall be given to each director and, unless the |
| 17 | | bylaws prescribe otherwise, such amendment shall become |
| 18 | | effective when ratified by ordinances adopted by a majority of |
| 19 | | the governing bodies of the member municipalities. Each |
| 20 | | amendment, duly certified, shall be recorded and filed in the |
| 21 | | same manner as for the original agreement. |
| 22 | | H. Each member municipality shall have full power and |
| 23 | | authority, subject to the provisions of its charter and laws |
| 24 | | regarding local finance, to appropriate money for the payment |
| 25 | | of the expenses of the municipal natural gas agency and of its |
| 26 | | representative in exercising its functions as a member of the |
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| 1 | | municipal natural gas agency. |
| 2 | | I. Any additional municipality which operates a natural |
| 3 | | gas plant or system may join the municipal natural gas agency, |
| 4 | | or any member municipality may withdraw therefrom upon the |
| 5 | | approval by ordinance adopted by the governing body of the |
| 6 | | majority of the municipalities which are then members of the |
| 7 | | municipal natural gas agency. Any new member shall agree to |
| 8 | | assume its proportionate share of the outstanding obligations |
| 9 | | of the municipal natural gas agency and any member permitted |
| 10 | | to withdraw shall remain obligated to make payments under any |
| 11 | | outstanding contract or agreement with the municipal natural |
| 12 | | gas agency. Any such change in membership shall be recorded |
| 13 | | and filed in the same manner as for the original agreement. |
| 14 | | J. Any 2 or more municipal natural gas agencies organized |
| 15 | | pursuant to this Division may consolidate to form a new |
| 16 | | municipal natural gas agency when approved by ordinance |
| 17 | | adopted by the governing body of each municipality which is a |
| 18 | | member of the respective municipal natural gas agency and by |
| 19 | | the execution of an agency agreement as provided in this |
| 20 | | Section. |
| 21 | | K. For fiscal years ending before January 1, 2028, |
| 22 | | notwithstanding any other provision of law to the contrary, |
| 23 | | the operations and fiscal activities of a municipal natural |
| 24 | | gas agency shall be subject to the Governmental Account Audit |
| 25 | | Act. |
| 26 | | L. For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of a municipal natural |
| 3 | | gas agency shall be subject to the Government Reporting |
| 4 | | Enhancement 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, |
| 8 | | street railways, shall keep the books of account for these |
| 9 | | street railways distinct from other city accounts and in such |
| 10 | | manner as to show the true and complete financial results of |
| 11 | | the city ownership, or ownership and operation, as the case |
| 12 | | may be. These accounts shall be so kept as to show: (1) the |
| 13 | | actual cost to the city of street railways owned, (2) all costs |
| 14 | | of maintenance, extension, and improvement, (3) all operating |
| 15 | | expenses of every description, in case of city operation, (4) |
| 16 | | the amount set aside for sinking fund purposes, (5) if water or |
| 17 | | other service is furnished for the use of the street railways |
| 18 | | without charge, as nearly as possible, the value of this |
| 19 | | service, and also the value of any similar service rendered by |
| 20 | | the street railways to any other city department without |
| 21 | | charge, (6) reasonable allowances for interest, depreciation, |
| 22 | | and insurance, and (7) estimates of the amount of taxes that |
| 23 | | would be chargeable against the property if owned by a private |
| 24 | | corporation. The city council shall print annually for public |
| 25 | | distribution, a report showing the financial results, in the |
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| 1 | | form specified in this section, of the city ownership, or |
| 2 | | ownership and operation. |
| 3 | | For fiscal years ending before January 1, 2028, the The |
| 4 | | accounts of those street railways, shall be examined at least |
| 5 | | once a year by a licensed Certified Public Accountant |
| 6 | | permitted to perform audits under the Illinois Public |
| 7 | | Accounting Act, who shall report to the city council the |
| 8 | | results of his examination. This accountant shall be selected |
| 9 | | in such manner as the city council may direct, and he shall |
| 10 | | receive for his services such compensation, to be paid out of |
| 11 | | the income from those street railways, as the city council may |
| 12 | | prescribe. |
| 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 |
| 16 | | operating, or owning and leasing any portion of a utility, |
| 17 | | shall keep the accounts for the utilities separate and |
| 18 | | distinct from other municipal accounts and in such manner as |
| 19 | | to show the true and complete financial standing and results |
| 20 | | of the municipal ownership and operation or of the municipal |
| 21 | | ownership and leasing, as the case may be. These accounts |
| 22 | | shall be so kept as to show: (1) the actual cost of the |
| 23 | | municipality of the utilities owned; (2) all costs of |
| 24 | | maintenance, extension, and improvement; (3) all operating |
| 25 | | expenses of every description, in case of municipal operation, |
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| 1 | | whether of the whole or of a part of the utilities; (4) if |
| 2 | | water or other service is furnished for the use of the |
| 3 | | utilities without charge, as nearly as possible, the value of |
| 4 | | that service, and also the value of any service rendered by the |
| 5 | | utilities to any reasonable allowances for interest, |
| 6 | | depreciation, and other municipal department without charge; |
| 7 | | (5) insurance; and (6) estimates of the amount of taxes that |
| 8 | | would be chargeable against the utilities if owned by a |
| 9 | | private corporation. For fiscal years ending before January 1, |
| 10 | | 2028, the The corporate authorities of the municipality shall |
| 11 | | have printed annually for public distribution, a report |
| 12 | | showing the financial standing and results, in the form |
| 13 | | specified in this section, of the municipal ownership and |
| 14 | | operation, or of municipal ownership and leasing. This report |
| 15 | | shall be published in one or more newspapers published in the |
| 16 | | municipality, or, if no newspaper is published therein, then |
| 17 | | in one or more newspapers with a general circulation within |
| 18 | | the municipality. In municipalities with less than 500 |
| 19 | | population in which no newspaper is published, publication may |
| 20 | | instead be made by posting a notice in 3 prominent places |
| 21 | | within the municipality. |
| 22 | | For fiscal years ending before January 1, 2028, the The |
| 23 | | accounts of the utilities shall be examined at least once a |
| 24 | | year by a licensed Certified Public Accountant permitted to |
| 25 | | perform audits under the Illinois Public Accounting Act, who |
| 26 | | shall report to the corporate authorities the results of his |
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| 1 | | examination. This accountant shall be selected in such manner |
| 2 | | as the corporate authorities may direct, and he shall receive |
| 3 | | for his services such compensation, to be paid out of the |
| 4 | | revenue from the utilities, as the corporate authorities may |
| 5 | | prescribe. |
| 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 |
| 9 | | under this Division 130 shall install and maintain a proper |
| 10 | | system of accounts, showing the amount of revenue received and |
| 11 | | its application. For fiscal years ending before January 1, |
| 12 | | 2028, at At least once a year the municipality shall have the |
| 13 | | accounts properly audited by a competent auditor. The report |
| 14 | | of that audit shall be open for inspection at all proper times |
| 15 | | to any taxpayer, water-user, or any holder of bonds issued |
| 16 | | under this Division 130, or to anyone acting for and on behalf |
| 17 | | of the taxpayer, water-user, or bondholder. |
| 18 | | The treasurer of the municipality shall be custodian of |
| 19 | | the funds derived from income received from waterworks |
| 20 | | purchased or constructed either in whole or in part under the |
| 21 | | provisions of this Division 130. He shall give proper bond for |
| 22 | | the faithful discharge of his duties as such custodian, and |
| 23 | | this bond shall be fixed and approved by the corporate |
| 24 | | authorities of the municipality. |
| 25 | | All of the funds received as income from waterworks |
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| 1 | | purchased or constructed in whole or in part under the |
| 2 | | provisions of this Division 130, and all of the funds received |
| 3 | | from the sale of revenue bonds issued to construct such a |
| 4 | | waterworks system, shall be kept separate and apart from the |
| 5 | | other funds of the municipality. The treasurer shall maintain |
| 6 | | separate accounts in which shall be placed (1) the interest |
| 7 | | and sinking fund, (2) the depreciation fund and (3) the |
| 8 | | operating and maintenance fund. He shall also provide for |
| 9 | | refunding outstanding certificates payable out of water |
| 10 | | revenue. |
| 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 |
| 14 | | waterworks and sewerage system under this Division 139, shall |
| 15 | | set up and maintain a proper system of accounts showing the |
| 16 | | amount of revenue received from the combined waterworks and |
| 17 | | sewerage system and the application of this revenue. For |
| 18 | | fiscal years ending before January 1, 2028, at At least once |
| 19 | | each year the municipality shall have these accounts properly |
| 20 | | audited, and a report of this audit shall be open to the public |
| 21 | | for 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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| 1 | | this Division 141 shall install and maintain a proper system |
| 2 | | of accounts showing the amount of revenue received from the |
| 3 | | sewerage system and the application of that revenue. For |
| 4 | | fiscal years ending before January 1, 2028, at At least once |
| 5 | | each year the municipality shall have the accounts properly |
| 6 | | audited. A report of that audit shall be open for inspection at |
| 7 | | all proper times to any taxpayer, sewerage system user, or the |
| 8 | | holder of any bond issued under this Division 141, or their |
| 9 | | respective representatives. |
| 10 | | (Source: Laws 1961, p. 576.) |
| 11 | | Section 900-47. The Home Equity Assurance Act is amended |
| 12 | | by 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 |
| 15 | | Transparency Act. |
| 16 | | (a) For fiscal years ending before January 1, 2028, |
| 17 | | notwithstanding any other provision of law to the contrary, |
| 18 | | the operations and fiscal activities of a home equity program |
| 19 | | and its related governing commission shall be subject to the |
| 20 | | Governmental Account Audit Act. |
| 21 | | (b) For fiscal years beginning after December 31, 2027, |
| 22 | | notwithstanding any other provision of law to the contrary, |
| 23 | | the operations and fiscal activities of a home equity program |
| 24 | | and its related governing commission shall be subject to the |
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| 1 | | Government 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 |
| 5 | | referendum under the provisions of this Act shall maintain a |
| 6 | | guarantee fund for the purposes of paying the costs of |
| 7 | | administering the program and extending protection to members |
| 8 | | pursuant to the limitations and procedures set forth in this |
| 9 | | Act. |
| 10 | | (b) The guarantee fund shall be raised by means of an |
| 11 | | annual tax levied on all residential property within the |
| 12 | | territory of the program having at least one, but not more than |
| 13 | | 6 dwelling units and classified by county ordinance as |
| 14 | | residential. The rate of this tax may be changed from year to |
| 15 | | year by majority vote of the governing commission but in no |
| 16 | | case shall it exceed a rate of .12% of the equalized assessed |
| 17 | | valuation of all property in the territory of the program |
| 18 | | having at least one, but not more than 6 dwelling units and |
| 19 | | classified by county ordinance as residential, or the maximum |
| 20 | | tax rate approved by the voters of the territory at the |
| 21 | | referendum which created the program or, in the case of a |
| 22 | | merged program, the maximum tax rate approved by the voters at |
| 23 | | the referendum authorizing the merger, whichever rate is |
| 24 | | lower. The commissioners shall cause the amount to be raised |
| 25 | | by taxation in each year to be certified to the county clerk in |
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| 1 | | the manner provided by law, and any tax so levied and certified |
| 2 | | shall be collected and enforced in the same manner and by the |
| 3 | | same officers as those taxes for the purposes of the county and |
| 4 | | city within which the territory of the commission is located. |
| 5 | | Any such tax, when collected, shall be paid over to the proper |
| 6 | | officer of the commission who is authorized to receive and |
| 7 | | receipt for such tax. The governing commission may issue tax |
| 8 | | anticipation warrants against the taxes to be assessed for the |
| 9 | | calendar year in which the program is created and for the first |
| 10 | | full calendar year after the creation of the program. |
| 11 | | (c) The moneys deposited in the guarantee fund shall, as |
| 12 | | nearly as practicable, be fully and continuously invested or |
| 13 | | reinvested by the governing commission in investment |
| 14 | | obligations which shall be in such amounts, and shall mature |
| 15 | | at such times, that the maturity or date of redemption at the |
| 16 | | option of the holder of such investment obligations shall |
| 17 | | coincide, as nearly as practicable, with the times at which |
| 18 | | monies will be required for the purposes of the program. For |
| 19 | | the purposes of this Section investment obligation shall mean |
| 20 | | direct general municipal, state, or federal obligations which |
| 21 | | at the time are legal investments under the laws of this State |
| 22 | | and the payment of principal of and interest on which are |
| 23 | | unconditionally 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 |
| 26 | | for the purpose of providing guarantees to members of the |
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| 1 | | particular Guaranteed Home Equity Program and for reasonable |
| 2 | | salaries, expenses, bills, and fees incurred in administering |
| 3 | | the program, and shall be used for no other purpose. |
| 4 | | A governing commission, with no less than $4,000,000 in |
| 5 | | its guarantee fund, may, if authorized (i) by referendum duly |
| 6 | | adopted by a majority of the voters or (ii) by resolution of |
| 7 | | the governing commission upon approval by two-thirds of the |
| 8 | | commissioners, establish a Low Interest Home Improvement Loan |
| 9 | | Program in accordance with and subject to procedures |
| 10 | | established by a financial institution, as defined in the |
| 11 | | Illinois Banking Act. Whenever the question of creating a Low |
| 12 | | Interest Home Improvement Loan Program is initiated by |
| 13 | | resolution or ordinance of the corporate authorities of the |
| 14 | | municipality or by a petition signed by not less than 10% of |
| 15 | | the total number of registered voters of each precinct in the |
| 16 | | territory, the registered voters of which are eligible to sign |
| 17 | | the petition, it shall be the duty of the election authority |
| 18 | | having jurisdiction over the municipality to submit the |
| 19 | | question of creating the program to the electors of each |
| 20 | | precinct within the territory at the regular election |
| 21 | | specified in the resolution, ordinance, or petition initiating |
| 22 | | the question. A petition initiating a question described in |
| 23 | | this subsection shall be filed with the election authority |
| 24 | | having jurisdiction over the municipality. The petition shall |
| 25 | | be filed and objections to the petition shall be made in the |
| 26 | | manner provided in the Election Code. A resolution, ordinance, |
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| 1 | | or petition initiating a question described in this subsection |
| 2 | | shall specify the election at which the question is to be |
| 3 | | submitted. The referendum on the question shall be held in |
| 4 | | accordance with the Election Code. The question shall be in |
| 5 | | substantially 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?" |
| 10 | | The votes must be recorded as "Yes" or "No". |
| 11 | | Whenever a majority of the voters on the public question |
| 12 | | approve the creation of the program as certified by the proper |
| 13 | | election authorities or a resolution of the governing |
| 14 | | commission is approved by a two-thirds majority, the |
| 15 | | commission shall establish the program and administer the |
| 16 | | program with funds collected under the Guaranteed Home Equity |
| 17 | | Program, 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 |
| 4 | | in its guarantee fund, may, if authorized by referendum duly |
| 5 | | adopted by a majority of the voters, establish a Foreclosure |
| 6 | | Prevention Loan Fund to provide low interest emergency loans |
| 7 | | to eligible applicants that may be forced into foreclosure |
| 8 | | proceedings. |
| 9 | | Whenever the question of creating a Foreclosure Prevention |
| 10 | | Loan Fund is initiated by resolution or ordinance of the |
| 11 | | corporate authorities of the municipality or by a petition |
| 12 | | signed by not less than 10% of the total number of registered |
| 13 | | voters of each precinct in the territory, the registered |
| 14 | | voters of which are eligible to sign the petition, it shall be |
| 15 | | the duty of the election authority having jurisdiction over |
| 16 | | the municipality to submit the question of creating the |
| 17 | | program to the electors of each precinct within the territory |
| 18 | | at the regular election specified in the resolution, |
| 19 | | ordinance, or petition initiating the question. A petition |
| 20 | | initiating a question described in this subsection shall be |
| 21 | | filed with the election authority having jurisdiction over the |
| 22 | | municipality. The petition shall be filed and objections to |
| 23 | | the petition shall be made in the manner provided in the |
| 24 | | Election Code. A resolution, ordinance, or petition initiating |
| 25 | | a question described in this subsection shall specify the |
| 26 | | election at which the question is to be submitted. The |
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| 1 | | referendum on the question shall be held in accordance with |
| 2 | | the Election Code. The question shall be in substantially the |
| 3 | | following form: |
| 4 | | "Shall the (name of the home equity program) implement a |
| 5 | | Foreclosure Prevention Loan Fund with money from the guarantee |
| 6 | | fund 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 |
| 9 | | approve the creation of a Foreclosure Prevention Loan Fund as |
| 10 | | certified by the proper election authorities, the commission |
| 11 | | shall establish the program and administer the program with |
| 12 | | funds collected under the Guaranteed Home Equity Program, |
| 13 | | subject 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 |
| 12 | | authorized (i) by referendum approved by a majority of the |
| 13 | | voters or (ii) by resolution of the governing commission upon |
| 14 | | approval by two-thirds of the commissioners, establish a |
| 15 | | Delinquent Tax Repayment Loan Fund to provide low-interest |
| 16 | | emergency loans to eligible applicants. |
| 17 | | If the question of creating a Delinquent Tax Repayment |
| 18 | | Loan Fund is initiated by resolution or ordinance of the |
| 19 | | corporate authorities of the municipality or by a petition |
| 20 | | signed by not less than 10% of the total number of registered |
| 21 | | voters of each precinct in the territory, the registered |
| 22 | | voters of which are eligible to sign the petition, it shall be |
| 23 | | the duty of the election authority having jurisdiction over |
| 24 | | the municipality to submit the question of creating the |
| 25 | | program to the electors of each precinct within the territory |
| 26 | | at the regular election specified in the resolution, |
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| 1 | | ordinance, or petition initiating the question. A resolution, |
| 2 | | ordinance, or petition initiating a question described in this |
| 3 | | subsection shall be filed with the election authority having |
| 4 | | jurisdiction over the municipality. The resolution, ordinance, |
| 5 | | or petition shall be filed and objections to the resolution, |
| 6 | | ordinance, or petition shall be made in the manner provided in |
| 7 | | the Election Code. A resolution, ordinance, or petition |
| 8 | | initiating a question described in this subsection shall |
| 9 | | specify the election at which the question is to be submitted. |
| 10 | | The referendum on the question shall be held in accordance |
| 11 | | with the Election Code. The question shall be in substantially |
| 12 | | the 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 |
| 19 | | creation of a Delinquent Tax Repayment Loan Fund as certified |
| 20 | | by the proper election authorities or two-thirds of the |
| 21 | | commissioners, by resolution, approve the creation of a |
| 22 | | Delinquent Tax Repayment Loan Fund, the commission shall |
| 23 | | establish the program and administer the program with funds |
| 24 | | collected under the program, subject to the following |
| 25 | | conditions: |
| 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 |
| 2 | | expended exclusively by the governing commission of the |
| 3 | | program for whose purposes it was created. Under no |
| 4 | | circumstance shall the guarantee fund be used by any person or |
| 5 | | persons, governmental body, or public or private agency or |
| 6 | | concern other than the governing commission of the program for |
| 7 | | whose purposes it was created. Under no circumstances shall |
| 8 | | the guarantee fund be commingled with other funds or |
| 9 | | investments. |
| 10 | | (e-1) No commissioner or family member of a commissioner, |
| 11 | | or employee or family member of an employee, may receive any |
| 12 | | financial benefit, either directly or indirectly, from the |
| 13 | | guarantee fund. Nothing in this subsection (e-1) shall be |
| 14 | | construed to prohibit payment of expenses to a commissioner in |
| 15 | | accordance with Section 4 or payment of salaries or expenses |
| 16 | | to an employee in accordance with this Section. |
| 17 | | As used in this subsection (e-1), "family member" means a |
| 18 | | spouse, child, stepchild, parent, brother, or sister of a |
| 19 | | commissioner or a child, stepchild, parent, brother, or sister |
| 20 | | of a commissioner's spouse. |
| 21 | | (f) For fiscal years ending before January 1, 2028, an An |
| 22 | | independent audit of the guarantee fund and the management of |
| 23 | | the program shall be conducted annually and made available to |
| 24 | | the public through any office of the governing commission or a |
| 25 | | public facility such as a local public library located within |
| 26 | | the 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 |
| 3 | | changing 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 |
| 7 | | The Board shall provide for the proper and safe keeping of its |
| 8 | | permanent records and for the recording of the corporate |
| 9 | | action of the Authority. It shall keep a true and accurate |
| 10 | | account of its receipts and an annual audit shall be made of |
| 11 | | its books, records and accounts. All officers and employees |
| 12 | | authorized to receive or retain the custody of money or to sign |
| 13 | | vouchers, checks, warrants or evidences of indebtedness |
| 14 | | binding upon the Authority shall furnish surety bond for the |
| 15 | | faithful performance of their duties and the faithful |
| 16 | | accounting for all moneys that may come into their hands in an |
| 17 | | amount to be fixed and in a form to be approved by the Board. |
| 18 | | (b) For fiscal years beginning after December 31, 2027, |
| 19 | | the Board shall provide for the proper and safe keeping of its |
| 20 | | permanent records and for the recording of the corporate |
| 21 | | action of the Authority. It shall keep a true and accurate |
| 22 | | account of its receipts and disbursements. All officers and |
| 23 | | employees authorized to receive or retain the custody of money |
| 24 | | or to sign vouchers, checks, warrants or evidences of |
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| 1 | | indebtedness binding upon the Authority shall furnish surety |
| 2 | | bond for the faithful performance of their duties and the |
| 3 | | faithful accounting for all moneys that may come into their |
| 4 | | hands in an amount to be fixed and in a form to be approved by |
| 5 | | the Board. |
| 6 | | (c) For fiscal years beginning after December 31, 2027, |
| 7 | | notwithstanding any other provision of law to the contrary, |
| 8 | | the operations and fiscal activities of the airport authority |
| 9 | | shall be subject to the Government Reporting Enhancement and |
| 10 | | Transparency Act. |
| 11 | | (Source: Laws 1945, p. 290.) |
| 12 | | Section 900-55. The Interstate Airport Authorities Act is |
| 13 | | amended 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 |
| 16 | | appropriate funds of the state for the development, support |
| 17 | | and maintenance of the airport authority. All revenue received |
| 18 | | from the air facility and the property, both real and |
| 19 | | personal, within the jurisdiction and control of the airport |
| 20 | | authority shall be applied to the maintenance and development |
| 21 | | of the air facility. All limitations upon expenditures, which |
| 22 | | may be an element of title to the real estate held by the |
| 23 | | airport authority, shall be observed. |
| 24 | | (b) Revenue bonds to be retired exclusively from income |
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| 1 | | received from the operation of the air facility may be issued |
| 2 | | by the airport authority and in the name of such authority in |
| 3 | | accordance with the laws of the state in which the air facility |
| 4 | | is located, which laws prescribe the terms and conditions for |
| 5 | | the issuance of revenue bonds by airport authorities. |
| 6 | | (c) The airport authority may secure loans from private |
| 7 | | financing and offer as collateral those assets, real, personal |
| 8 | | or mixed, not inconsistent with the laws of the state in which |
| 9 | | the airport is located. |
| 10 | | (d) Each year on or before the first day of July, the |
| 11 | | airport authority shall prepare a budget of its estimated |
| 12 | | expenditures for the fiscal year beginning on the first day of |
| 13 | | January of the succeeding year and shall on or before the first |
| 14 | | of July submit a copy of said report to the various combining |
| 15 | | governmental units. The estimated expenditures shall be |
| 16 | | allocated and prorated equally between the various combining |
| 17 | | governmental units and a statement of the allocated amount |
| 18 | | shall be included in the copy of the budgetary report |
| 19 | | submitted to the combining governmental units. To provide |
| 20 | | funds to pay its share of the proposed expenditures, each |
| 21 | | combining governmental unit is authorized to annually levy a |
| 22 | | tax on property located within the governmental unit at a rate |
| 23 | | sufficient to raise funds to pay its prorated share of |
| 24 | | estimated expenditures. Said tax shall be levied and collected |
| 25 | | in the same manner as other property taxes are levied and |
| 26 | | collected by the governmental unit and in accordance with the |
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| 1 | | tax laws of the state in which such unit is located. The money |
| 2 | | raised by the levying of such tax shall be appropriated and |
| 3 | | distributed to the airport authority by the governmental unit: |
| 4 | | Provided, That such funds so appropriated shall be used |
| 5 | | exclusively for the development and maintenance of the air |
| 6 | | facility. |
| 7 | | (e) The airport authority may meet any of its obligations |
| 8 | | in whole or in part with funds made available to it under the |
| 9 | | provisions of section 2 of this Act: Provided, That the |
| 10 | | airport authority takes specific action setting aside such |
| 11 | | funds prior to the incurring of any obligation to be met in |
| 12 | | whole or in part in this manner. |
| 13 | | (f) The expenses and any other costs for each member of the |
| 14 | | airport authority shall be met by the airport authority in |
| 15 | | accordance with such standards and procedures as it may |
| 16 | | establish under its bylaws and rules and regulations. |
| 17 | | (g) For fiscal years ending before January 1, 2028, the |
| 18 | | The airport authority shall be required to keep accurate |
| 19 | | record of all accounts of receipts and disbursements. The |
| 20 | | receipts and disbursements of the airport authority shall be |
| 21 | | subject to an annual audit, and accounting procedures |
| 22 | | established under its bylaws: Provided, That all receipts and |
| 23 | | disbursements of funds handled by the airport authority shall |
| 24 | | be audited by a qualified public accountant and the report of |
| 25 | | the audit shall be incorporated into and become a part of the |
| 26 | | annual report of the airport authority. |
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| 1 | | (h) The accounts of the airport authority shall be open to |
| 2 | | inspection by the general public at any reasonable time. |
| 3 | | (i) For fiscal years beginning after December 31, 2027, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of the airport authority |
| 6 | | shall be subject to the Government Reporting Enhancement and |
| 7 | | Transparency Act. |
| 8 | | (Source: Laws 1963, P. 2121.) |
| 9 | | Section 900-60. The Cemetery Maintenance District Act is |
| 10 | | amended 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 |
| 14 | | control all the affairs of such district. The board of |
| 15 | | trustees, immediately after their appointment and at their |
| 16 | | first meeting in May of each year thereafter, shall elect one |
| 17 | | of their number as president and one of their number as |
| 18 | | secretary. The board shall prescribe the duties and fix the |
| 19 | | compensation of all of the officers and employees of the |
| 20 | | cemetery maintenance district; but no member of the board of |
| 21 | | trustees shall receive a sum to exceed $50.00 per annum. The |
| 22 | | board of trustees shall have full power to pass all necessary |
| 23 | | ordinances, rules and regulations for the proper management |
| 24 | | and conduct of the business of the cemetery maintenance |
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| 1 | | district for carrying into effect the objects for which the |
| 2 | | district was formed. |
| 3 | | (b) The board of trustees may incur indebtedness on behalf |
| 4 | | of the district not to exceed $50,000 in the aggregate for the |
| 5 | | purpose of acquiring land for grave sites. The indebtedness |
| 6 | | shall be evidenced by a promissory note of the district |
| 7 | | requiring repayment in full no more than 20 years after the |
| 8 | | date the indebtedness is incurred. The board of trustees may |
| 9 | | give a mortgage on the land acquired to secure the |
| 10 | | indebtedness. |
| 11 | | (c) The board of trustees may accept gifts on behalf of the |
| 12 | | district. The gifts may be in any form, from any source, and |
| 13 | | for any legal purpose. |
| 14 | | (d) The board of trustees shall keep a true and accurate |
| 15 | | account of its receipts and disbursements. |
| 16 | | (e) For fiscal years beginning after December 31, 2027, |
| 17 | | notwithstanding any other provision of law to the contrary, |
| 18 | | the operations and fiscal activities of the Board shall be |
| 19 | | subject to the Government Reporting Enhancement and |
| 20 | | Transparency Act. |
| 21 | | (Source: P.A. 86-144; 86-396.) |
| 22 | | Section 900-65. The Civic Center Code is amended by |
| 23 | | changing Sections 2-135, 15-40, 20-70, 30-35, 50-35, 55-60, |
| 24 | | 100-55, 110-35, 125-50, 155-65, 175-30, 185-55, 190-55, |
| 25 | | 195-35, 200-65, 205-105, 250-40, 255-130, and 280-90 as |
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| 1 | | follows: |
| 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 |
| 5 | | soon after the end of each fiscal year as may be expedient, the |
| 6 | | Board shall cause to be prepared and printed a complete and |
| 7 | | detailed report and financial statement of its operations and |
| 8 | | of its assets and liabilities. A reasonably sufficient number |
| 9 | | of copies of such report shall be printed for distribution to |
| 10 | | persons interested upon request and a copy thereof shall be |
| 11 | | filed with the county clerk and the appointing officers. |
| 12 | | (b) For fiscal years ending before January 1, 2028, |
| 13 | | notwithstanding any other provision of law to the contrary, |
| 14 | | the operations and fiscal activities of the Board shall be |
| 15 | | subject to the Governmental Account Audit Act. |
| 16 | | (c) For fiscal years beginning after December 31, 2027, |
| 17 | | notwithstanding any other provision of law to the contrary, |
| 18 | | the operations and fiscal activities of the Board shall be |
| 19 | | subject to the Government Reporting Enhancement and |
| 20 | | Transparency 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 |
| 24 | | by reference. The following Sections of this Code are |
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| 1 | | incorporated 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 |
| 6 | | buildings; 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, |
| 11 | | or local agency. |
| 12 | | Section 2-40. Federal money. |
| 13 | | Section 2-45. Insurance. |
| 14 | | Section 2-50. Borrowing; revenue bonds; suits to compel |
| 15 | | performance. |
| 16 | | Section 2-55. Bonds; nature of indebtedness. |
| 17 | | Section 2-60. Investment in bonds. |
| 18 | | Section 2-75. Board members; financial matters; conflict |
| 19 | | of 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 |
| 4 | | lowest 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 |
| 13 | | by reference. The following Sections of this Code are |
| 14 | | incorporated 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, |
| 21 | | or local agency. |
| 22 | | Section 2-45. Insurance. |
| 23 | | Section 2-60. Investment in bonds. |
| 24 | | Section 2-76. Board members; financial matters; |
| 25 | | compensation 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 |
| 6 | | bank 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 |
| 10 | | and penalties. |
| 11 | | Section 2-128. Contracts; award to other than highest or |
| 12 | | lowest 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 |
| 22 | | by reference. The following Sections of this Code are |
| 23 | | incorporated by reference into this Article: |
| 24 | | Section 2-5. Definitions. |
| 25 | | Section 2-10. Lawsuits; common seal. |
|
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|
|
| 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 |
| 6 | | governmental agency. |
| 7 | | Section 2-40. Federal money. |
| 8 | | Section 2-45. Insurance. |
| 9 | | Section 2-51. Borrowing; revenue bonds; mandamus or other |
| 10 | | actions to compel performance. |
| 11 | | Section 2-75. Board members; financial matters; conflict |
| 12 | | of 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 |
| 16 | | bank or savings and loan association. |
| 17 | | Section 2-106. Funds; compliance with Public Funds |
| 18 | | Investment 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 |
| 22 | | and penalties. |
| 23 | | Section 2-127. Contracts; award to other than highest or |
| 24 | | lowest 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 |
| 7 | | by reference. The following Sections of this Code are |
| 8 | | incorporated 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 |
| 16 | | governmental agency. |
| 17 | | Section 2-40. Federal money. |
| 18 | | Section 2-45. Insurance. |
| 19 | | Section 2-76. Board members; financial matters; |
| 20 | | compensation 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 |
| 2 | | bank or savings and loan association. |
| 3 | | Section 2-106. Funds; compliance with Public Funds |
| 4 | | Investment 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 |
| 8 | | and penalties. |
| 9 | | Section 2-127. Contracts; award to other than highest or |
| 10 | | lowest 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 |
| 19 | | by reference. The following Sections of this Code are |
| 20 | | incorporated 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 |
| 25 | | buildings; lease of space. |
|
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|
|
| 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, |
| 5 | | or local agency. |
| 6 | | Section 2-40. Federal money. |
| 7 | | Section 2-45. Insurance. |
| 8 | | Section 2-50. Borrowing; revenue bonds; suits to compel |
| 9 | | performance. |
| 10 | | Section 2-55. Bonds; nature of indebtedness. |
| 11 | | Section 2-60. Investment in bonds. |
| 12 | | Section 2-75. Board members; financial matters; conflict |
| 13 | | of 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.) |
|
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|
|
| 1 | | (70 ILCS 200/100-55) |
| 2 | | Sec. 100-55. Standard civic center provisions incorporated |
| 3 | | by reference. The following Sections of this Code are |
| 4 | | incorporated 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 |
| 12 | | governmental agency. |
| 13 | | Section 2-40. Federal money. |
| 14 | | Section 2-45. Insurance. |
| 15 | | Section 2-75. Board members; financial matters; conflict |
| 16 | | of interest. |
| 17 | | Section 2-80. Board members' oath. |
| 18 | | Section 2-83. Removal of Board member from office. |
| 19 | | Section 2-85. Board members; vacancy in office. |
| 20 | | Section 2-90. Organization of the Board. |
| 21 | | Section 2-95. Meetings; action by 5 Board members. |
| 22 | | Section 2-101. Secretary; treasurer; funds deposited in |
| 23 | | bank or savings and loan association. |
| 24 | | Section 2-106. Funds; compliance with Public Funds |
| 25 | | Investment 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 |
| 4 | | and penalties. |
| 5 | | Section 2-127. Contracts; award to other than highest or |
| 6 | | lowest 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 |
| 15 | | by reference. The following Sections of this Code are |
| 16 | | incorporated 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 |
| 21 | | buildings; 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, |
|
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|
|
| 1 | | or local agency. |
| 2 | | Section 2-40. Federal money. |
| 3 | | Section 2-45. Insurance. |
| 4 | | Section 2-50. Borrowing; revenue bonds; suits to compel |
| 5 | | performance. |
| 6 | | Section 2-55. Bonds; nature of indebtedness. |
| 7 | | Section 2-60. Investment in bonds. |
| 8 | | Section 2-75. Board members; financial matters; conflict |
| 9 | | of 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 |
| 20 | | lowest 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 |
| 4 | | by reference. The following Sections of this Code are |
| 5 | | incorporated 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; |
| 9 | | lease of space. |
| 10 | | Section 2-25. Incurring obligations. |
| 11 | | Section 2-35. Acquisition of property from person, State, |
| 12 | | or 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; |
| 17 | | compensation 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 |
| 24 | | bank or savings and loan association. |
| 25 | | Section 2-106. Funds; compliance with Public Funds |
|
| | 10400HB5391ham001 | - 246 - | LRB104 18487 RTM 35239 a |
|
|
| 1 | | Investment 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 |
| 5 | | and penalties. |
| 6 | | Section 2-127. Contracts; award to other than highest or |
| 7 | | lowest 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 |
| 16 | | by reference. The following Sections of this Code are |
| 17 | | incorporated 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 |
|
|
| 1 | | of 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 |
| 5 | | bank or savings and loan association. |
| 6 | | Section 2-106. Funds; compliance with Public Funds |
| 7 | | Investment 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 |
| 11 | | and 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 |
| 19 | | by reference. The following Sections of this Code are |
| 20 | | incorporated 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 |
| 2 | | governmental agency. |
| 3 | | Section 2-40. Federal money. |
| 4 | | Section 2-45. Insurance. |
| 5 | | Section 2-51. Borrowing; revenue bonds; mandamus or other |
| 6 | | actions to compel performance. |
| 7 | | Section 2-75. Board members; financial matters; conflict |
| 8 | | of 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 |
| 15 | | bank or savings and loan association. |
| 16 | | Section 2-106. Funds; compliance with Public Funds |
| 17 | | Investment 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 |
| 21 | | and penalties. |
| 22 | | Section 2-127. Contracts; award to other than highest or |
| 23 | | lowest 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 |
| 6 | | by reference. The following Sections of this Code are |
| 7 | | incorporated 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; |
| 11 | | lease of space. |
| 12 | | Section 2-25. Incurring obligations. |
| 13 | | Section 2-35. Acquisition of property from person, State, |
| 14 | | or 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; |
| 19 | | compensation 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 |
|
|
| 1 | | bank or savings and loan association. |
| 2 | | Section 2-106. Funds; compliance with Public Funds |
| 3 | | Investment 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 |
| 7 | | and penalties. |
| 8 | | Section 2-127. Contracts; award to other than highest or |
| 9 | | lowest 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 |
| 18 | | by reference. The following Sections of this Code are |
| 19 | | incorporated 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 |
| 2 | | governmental agency. |
| 3 | | Section 2-40. Federal money. |
| 4 | | Section 2-45. Insurance. |
| 5 | | Section 2-51. Borrowing; revenue bonds; mandamus or other |
| 6 | | actions to compel performance. |
| 7 | | Section 2-75. Board members; financial matters; conflict |
| 8 | | of 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 |
| 15 | | bank or savings and loan association. |
| 16 | | Section 2-106. Funds; compliance with Public Funds |
| 17 | | Investment Act. |
| 18 | | Section 2-110. Signatures on checks or drafts. |
| 19 | | Section 2-120. Ordinances, rules, and regulations; fines |
| 20 | | and penalties. |
| 21 | | Section 2-127. Contracts; award to other than highest or |
| 22 | | lowest 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. |
|
| | 10400HB5391ham001 | - 252 - | LRB104 18487 RTM 35239 a |
|
|
| 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 |
| 5 | | by reference. The following Sections of this Code are |
| 6 | | incorporated 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 |
| 11 | | buildings; 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, |
| 16 | | or local agency. |
| 17 | | Section 2-40. Federal money. |
| 18 | | Section 2-45. Insurance. |
| 19 | | Section 2-50. Borrowing; revenue bonds; suits to compel |
| 20 | | performance. |
| 21 | | Section 2-55. Bonds; nature of indebtedness. |
| 22 | | Section 2-60. Investment in bonds. |
| 23 | | Section 2-75. Board members; financial matters; conflict |
| 24 | | of 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 |
| 10 | | lowest 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 |
| 20 | | by reference. The following Sections of this Code are |
| 21 | | incorporated 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; |
| 25 | | lease of space. |
|
| | 10400HB5391ham001 | - 254 - | LRB104 18487 RTM 35239 a |
|
|
| 1 | | Section 2-25. Incurring obligations. |
| 2 | | Section 2-30. Prompt payment. |
| 3 | | Section 2-35. Acquisition of property from person, State, |
| 4 | | or local agency. |
| 5 | | Section 2-40. Federal money. |
| 6 | | Section 2-45. Insurance. |
| 7 | | Section 2-50. Borrowing; revenue bonds; suits to compel |
| 8 | | performance. |
| 9 | | Section 2-60. Investment in bonds. |
| 10 | | Section 2-76. Board members; financial matters; |
| 11 | | compensation 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 |
| 21 | | and 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. |
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| 1 | | (Source: P.A. 90-328, eff. 1-1-98.) |
| 2 | | (70 ILCS 200/205-105) |
| 3 | | Sec. 205-105. Standard civic center provisions |
| 4 | | incorporated by reference. The following Sections of this Code |
| 5 | | are 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 |
| 16 | | by reference. The following Sections of this Code are |
| 17 | | incorporated 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 |
| 24 | | governmental agency. |
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| 1 | | Section 2-40. Federal money. |
| 2 | | Section 2-45. Insurance. |
| 3 | | Section 2-51. Borrowing; revenue bonds; mandamus or other |
| 4 | | actions to compel performance. |
| 5 | | Section 2-75. Board members; financial matters; conflict |
| 6 | | of 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 |
| 13 | | bank or savings and loan association. |
| 14 | | Section 2-106. Funds; compliance with Public Funds |
| 15 | | Investment 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 |
| 19 | | and penalties. |
| 20 | | Section 2-127. Contracts; award to other than highest or |
| 21 | | lowest 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. |
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| 1 | | (Source: P.A. 90-328, eff. 1-1-98.) |
| 2 | | (70 ILCS 200/255-130) |
| 3 | | Sec. 255-130. Standard civic center provisions |
| 4 | | incorporated by reference. The following Sections of this Code |
| 5 | | are 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, |
| 11 | | or local agency. |
| 12 | | Section 2-45. Insurance. |
| 13 | | Section 2-60. Investment in bonds. |
| 14 | | Section 2-76. Board members; financial matters; |
| 15 | | compensation for secretary or treasurer; conflict of interest. |
| 16 | | Section 2-101. Secretary; treasurer; funds deposited in |
| 17 | | bank 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 |
| 21 | | and penalties. |
| 22 | | Section 2-128. Contracts; award to other than highest or |
| 23 | | lowest bidder by three-fourths vote. |
| 24 | | Section 2-130. Bids and advertisements. |
| 25 | | Section 2-135. Report and financial statement. |
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| 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 |
| 8 | | by reference. The following Sections of this Code are |
| 9 | | incorporated 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, |
| 16 | | or local agency. |
| 17 | | Section 2-45. Insurance. |
| 18 | | Section 2-60. Investment in bonds. |
| 19 | | Section 2-76. Board members; financial matters; |
| 20 | | compensation for secretary or treasurer; conflict of interest. |
| 21 | | Section 2-80. Board members' oath. |
| 22 | | Section 2-101. Secretary; treasurer; funds deposited in |
| 23 | | bank or savings and loan association. |
| 24 | | Section 2-110. Signatures on checks or drafts. |
| 25 | | Section 2-115. General manager; other appointments. |
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| 1 | | Section 2-120. Ordinances, rules, and regulations; fines |
| 2 | | and 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.) |
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| 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 |
| 4 | | repealing Sections 15-35, 20-65, 30-30, 50-30, 55-55, 100-50, |
| 5 | | 110-30, 125-45, 155-60, 175-25, 185-50, 190-50, 195-30, |
| 6 | | 200-60, 205-85, 250-35, 255-110, and 280-85. |
| 7 | | Section 900-75. The Metropolitan Pier and Exposition |
| 8 | | Authority 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 |
| 11 | | Act. |
| 12 | | (a) For fiscal years ending before January 1, 2028, as As |
| 13 | | soon after the end of each fiscal year as may be expedient, the |
| 14 | | Board shall cause to be prepared and printed a complete and |
| 15 | | detailed report and financial statement of its operations and |
| 16 | | of its assets and liabilities. A reasonably sufficient number |
| 17 | | of copies of such report shall be printed for distribution to |
| 18 | | persons interested, upon request, and a copy thereof shall be |
| 19 | | filed with the Governor, the Mayor, the General Assembly and |
| 20 | | the Park District President. Within 6 months after the |
| 21 | | effective date of this amendatory Act of 1985, or as soon |
| 22 | | thereafter as is possible, the Authority shall adopt an |
| 23 | | accounting system which shall not be implemented until it has |
| 24 | | been approved by the Auditor General as appropriate for the |
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| 1 | | Authority's operations. |
| 2 | | (b) With respect to construction by the Authority funded |
| 3 | | in whole or in part with State or borrowed funds, including the |
| 4 | | Project, the Authority shall prepare a monthly report of the |
| 5 | | progress of construction. The report shall include a |
| 6 | | discussion of: (1) the status of construction; (2) delays or |
| 7 | | anticipated delays in the completion of the construction; (3) |
| 8 | | cost overruns; (4) funds available for construction and the |
| 9 | | current construction budget; (5) the status of the |
| 10 | | implementation of the Authority's affirmative action program |
| 11 | | by contractor, trade and levels of skill; and (6) any |
| 12 | | problems, or anticipated problems, with respect to |
| 13 | | construction or costs of construction. The monthly reports |
| 14 | | required by this Section shall be submitted to the Governor, |
| 15 | | the Mayor and the General Assembly. |
| 16 | | In connection with any construction by the Authority |
| 17 | | funded in whole or in part by State or borrowed funds, |
| 18 | | including the Project, the Authority will, when such |
| 19 | | construction is to be done by a general contractor or a |
| 20 | | construction manager operating in a general contractor |
| 21 | | capacity, institute a quality assurance program, including |
| 22 | | independent quality control inspections. The Authority will |
| 23 | | file not less frequently than quarterly written reports on the |
| 24 | | results of its quality assurance program with the Governor, |
| 25 | | the Mayor and the General Assembly. |
| 26 | | (c) For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of the Authority shall be |
| 3 | | subject to the Government Reporting Enhancement and |
| 4 | | Transparency Act. |
| 5 | | (Source: P.A. 84-1027.) |
| 6 | | Section 900-80. The Soil and Water Conservation Districts |
| 7 | | Act 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" |
| 11 | | enacted by the 69th General Assembly, the Department may |
| 12 | | employ an administrative officer, technical experts and such |
| 13 | | other agents and employees, permanent and temporary, as it may |
| 14 | | require. The Department may call upon the Attorney General of |
| 15 | | the State for such legal services as it may require. The |
| 16 | | Department shall require surety bonds for all its officers and |
| 17 | | employees who are entrusted with funds or property under this |
| 18 | | Act and shall provide for an annual audit of their accounts for |
| 19 | | fiscal years ending before January 1, 2028. The Department may |
| 20 | | establish and provide suitable office accommodations and the |
| 21 | | necessary supplies and equipment. |
| 22 | | (b) Upon request of the Department, for the purpose of |
| 23 | | carrying out any of its functions, the supervising officer of |
| 24 | | any State agency, or of any State institution of learning |
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| 1 | | shall, in so far as may be possible under available |
| 2 | | appropriations, and having due regard to the needs of the |
| 3 | | agency to which the request is directed, assign or detail to |
| 4 | | the Department members of the staff or personnel of such |
| 5 | | agency or institution of learning and make such special |
| 6 | | reports, surveys or studies as the Department may request. |
| 7 | | (c) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of the Board shall be |
| 10 | | subject to the Government Reporting Enhancement and |
| 11 | | Transparency Act. |
| 12 | | (Source: Laws 1955, p. 2146.) |
| 13 | | Section 900-85. The Conservation District Act is amended |
| 14 | | by 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 |
| 18 | | initial appointments, as the case may be, the trustees shall |
| 19 | | organize by selecting from their members a president, |
| 20 | | secretary, treasurer, and other officers as are deemed |
| 21 | | necessary, who shall hold office for 2 years in the case of an |
| 22 | | elected board, or the fiscal year in which elected in the case |
| 23 | | of an appointed board, and until their successors are selected |
| 24 | | and qualify. Three trustees shall constitute a quorum of the |
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| 1 | | board for the transaction of business if the district has 5 |
| 2 | | trustees. If the district has 7 trustees, 4 trustees shall |
| 3 | | constitute a quorum of the board for the transaction of |
| 4 | | business. The board shall hold regular monthly meetings. |
| 5 | | Special meetings may be called by the president and shall be |
| 6 | | called on the request of a majority of members, as may be |
| 7 | | required. |
| 8 | | (b) The board shall provide for the proper and safe |
| 9 | | keeping of its permanent records and for the recording of the |
| 10 | | corporate action of the district. It shall keep a proper |
| 11 | | system of accounts showing a true and accurate record of its |
| 12 | | receipts and disbursements, and it shall cause an annual audit |
| 13 | | to be made of its books, records, and accounts for fiscal years |
| 14 | | ending before January 1, 2028. |
| 15 | | (c) For fiscal years beginning after December 31, 2027, |
| 16 | | notwithstanding any other provision of law to the contrary, |
| 17 | | the operations and fiscal activities of the board shall be |
| 18 | | subject to the Government Reporting Enhancement and |
| 19 | | Transparency Act. |
| 20 | | (d) The records of the district shall be subject to public |
| 21 | | inspection at all reasonable hours and under regulations as |
| 22 | | the board may prescribe. |
| 23 | | (e) The district shall annually make a full and complete |
| 24 | | report to the county board of each county within the district |
| 25 | | and to the Department of Natural Resources of its transactions |
| 26 | | and operations for the preceding year. The report shall |
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| 1 | | contain a full statement of its receipts, disbursements, and |
| 2 | | the program of work for the period covered, and may include |
| 3 | | recommendations as may be deemed advisable. |
| 4 | | (f) Executive or ministerial duties may be delegated to |
| 5 | | one or more trustees or to an authorized officer, employee, |
| 6 | | agent, attorney, or other representative of the district. |
| 7 | | (g) All officers and employees authorized to receive or |
| 8 | | retain the custody of money or to sign vouchers, checks, |
| 9 | | warrants, or evidences of indebtedness binding upon the |
| 10 | | district shall furnish surety bond for the faithful |
| 11 | | performance of their duties and the faithful accounting for |
| 12 | | all moneys that may come into their hands in an amount to be |
| 13 | | fixed and in a form to be approved by the board. |
| 14 | | (h) All contracts for supplies, material, or work |
| 15 | | involving an expenditure in excess of $60,000 for supplies or |
| 16 | | materials and $30,000 for work, or a lower amount for any |
| 17 | | contract for supplies, material, or work if required by board |
| 18 | | policy, shall be let to the lowest responsible bidder, after |
| 19 | | due advertisement, excepting work requiring personal |
| 20 | | confidence or necessary supplies under the control of |
| 21 | | monopolies, where competitive bidding is impossible, or as |
| 22 | | otherwise provided in the Forest Preserve District and |
| 23 | | Conservation District Design-Build Authorization Act. All |
| 24 | | contracts for supplies, material, or work shall be signed by |
| 25 | | the president of the board and by any other officer as the |
| 26 | | board in its discretion may designate. |
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| 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 |
| 5 | | facility or facilities constructed, equipped, extended or |
| 6 | | improved in whole or in part with the proceeds of any bonds |
| 7 | | issued under Sections 15.2 through 15.9 of this Act for the |
| 8 | | construction, equipping, extension, or improvement of such |
| 9 | | facility or facilities shall be deposited in a separate fund. |
| 10 | | Each fund shall be used only for paying the cost of operation |
| 11 | | and maintenance of the recreational facility or facilities or |
| 12 | | any combination thereof constructed, equipped, extended or |
| 13 | | improved in whole or in part with the proceeds of such bonds so |
| 14 | | issued for such facility or facilities, and for paying the |
| 15 | | principal of and interest on the bonds so issued and creating |
| 16 | | the accounts provided for by the ordinance authorizing their |
| 17 | | issuance. |
| 18 | | (b) The district shall install and maintain a proper |
| 19 | | system of account for each fund, showing the amount received |
| 20 | | and disbursed from the operation of such facility or |
| 21 | | facilities. |
| 22 | | (c) For fiscal years ending before January 1, 2028, at At |
| 23 | | least once each year the district shall have such accounts for |
| 24 | | bonds properly audited, and the report of this audit shall be |
| 25 | | open to the public for inspection at all times. |
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| 1 | | (d) For fiscal years beginning after December 31, 2027, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of the Board shall be |
| 4 | | subject to the Government Reporting Enhancement and |
| 5 | | Transparency Act. |
| 6 | | (Source: P.A. 77-1330.) |
| 7 | | Section 900-90. The Illinois Drainage Code is amended by |
| 8 | | changing 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 |
| 11 | | before the last day of November in each year, and more often if |
| 12 | | the court so requires, the commissioners shall make a report, |
| 13 | | under oath, to the court, showing the amount of money |
| 14 | | collected by the district since the last preceding report and |
| 15 | | the manner in which the funds of the district at the beginning |
| 16 | | and the end of the period reported have been expended during |
| 17 | | that period. Such report shall also contain an itemized |
| 18 | | statement of the notes, bonds and orders, if any, outstanding |
| 19 | | and unpaid at the close of the report period and the balance on |
| 20 | | hand in the treasury of the district. Upon the filing of the |
| 21 | | report with the clerk of the court, the same shall be presented |
| 22 | | to the court, and the clerk of the court shall give notice of |
| 23 | | the date on or before which objections must be filed by |
| 24 | | publishing a notice thereof in a newspaper of general |
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| 1 | | circulation in the county in which the district was organized. |
| 2 | | Any owner of land within the district may file an objection to |
| 3 | | the report with the clerk of the court within 10 days after the |
| 4 | | publication of the notice. If any objections are filed within |
| 5 | | the time prescribed, the court shall set a hearing at a time |
| 6 | | not later than 4 weeks after the date of the filing of the |
| 7 | | report. If no objection to the report is filed, the court may |
| 8 | | approve the report without a hearing. At a hearing on the |
| 9 | | report the court shall hear evidence on any and all objections |
| 10 | | which may be urged against the report and evidence in support |
| 11 | | thereof and may continue the hearing to a day certain or from |
| 12 | | time to time. At the conclusion of a hearing, the court may |
| 13 | | approve the report, disapprove the report or order the report |
| 14 | | modified or amended. Upon the approval of a report, the same |
| 15 | | shall be recorded in the drainage record. Copies of any the |
| 16 | | financial reports covering any portion of the period since the |
| 17 | | last annual meeting of the district report shall be available |
| 18 | | at the annual meeting of the district under Section 4-12 of |
| 19 | | this 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 |
| 23 | | Transparency Act. |
| 24 | | (a) For fiscal years ending before January 1, 2028, |
| 25 | | notwithstanding any other provision of law to the contrary, |
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| 1 | | the operations and fiscal activities of the district shall be |
| 2 | | subject to the Governmental Account Audit Act. |
| 3 | | (b) For fiscal years beginning after December 31, 2027, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of the district shall be |
| 6 | | subject to the Government Reporting Enhancement and |
| 7 | | Transparency Act. |
| 8 | | Section 900-95. The Fire Protection District Act is |
| 9 | | amended 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 |
| 12 | | Transparency Act. |
| 13 | | (a) For fiscal years ending before January 1, 2028, when |
| 14 | | When an audit is required under the Governmental Account Audit |
| 15 | | Act, the trustees of the Fire Protection District created |
| 16 | | under this Act shall employ a person licensed to practice |
| 17 | | public accounting under the laws of this State to annually |
| 18 | | audit the district's financial statements of all accounts, |
| 19 | | funds, and other moneys in the care, custody, or control of the |
| 20 | | trustees. The audit shall be conducted in accordance with |
| 21 | | Generally Accepted Auditing Standards and in accordance with |
| 22 | | the Governmental Account Audit Act. A fire protection district |
| 23 | | receiving revenues of less than $850,000 for the fiscal year |
| 24 | | shall prepare the financial report required by Section 3 of |
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| 1 | | the Governmental Account Audit Act. In addition to any other |
| 2 | | filing requirements, the audit report or financial report |
| 3 | | shall be filed with the county clerk of the county in which the |
| 4 | | Fire Protection District was organized as a public record and |
| 5 | | a copy thereof shall be filed with the secretary of the |
| 6 | | district as part of its corporate records. |
| 7 | | (b) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of a fire protection |
| 10 | | district created under this Act shall be subject to the |
| 11 | | Government 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 |
| 15 | | district organized hereunder may contract with any corporation |
| 16 | | organized to furnish fire protection service or with any |
| 17 | | association organized to furnish fire protection service or |
| 18 | | with any city, village, incorporated town, or organized fire |
| 19 | | protection district lying adjacent to such district for fire |
| 20 | | protection service to be furnished by such corporation or such |
| 21 | | association or such municipality or fire protection district |
| 22 | | for the property within such district or to be furnished by |
| 23 | | such district for the property within such municipality. The |
| 24 | | board of trustees may also contract for the installation, |
| 25 | | rental or use of fire hydrants within the fire protection |
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| 1 | | district and for the furnishing of water to be used within such |
| 2 | | district for fire protection purposes, and for mutual aid from |
| 3 | | and to other fire protection districts, and for mutual aid |
| 4 | | from and to corporations and associations organized to furnish |
| 5 | | fire protection service and for mutual aid from and to |
| 6 | | municipalities. |
| 7 | | (b) For fiscal years ending before January 1, 2028, when |
| 8 | | When the Board of Trustees of a Fire Protection District |
| 9 | | purchases fire protection services from an organization |
| 10 | | (specifically including without limitation a city, village, |
| 11 | | incorporated town, or adjacent fire protection district) that |
| 12 | | is required to be audited by "An Act in relation to audits of |
| 13 | | the accounts of certain governmental units and to repeal an |
| 14 | | Act therein named", approved May 10, 1967, or by The Illinois |
| 15 | | Municipal Auditing Law, the scope of the audit of the |
| 16 | | organization providing the fire protection services shall be |
| 17 | | expanded to require the licensed public accountant performing |
| 18 | | the audit to specifically report on compliance with the terms |
| 19 | | of the contract as it relates to financial matters, including |
| 20 | | but not limited to the amount charged to the purchasing Fire |
| 21 | | Protection District. To the extent possible, the financial |
| 22 | | statements of the providing organization shall segregate |
| 23 | | accounts relating to fire protection service transactions and |
| 24 | | present them as a separate fund or as a separate department |
| 25 | | within a fund. A copy of the providing organization audit |
| 26 | | report shall be furnished to the purchasing Fire Protection |
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| 1 | | District within 6 months after the close of the fiscal year of |
| 2 | | the organization providing the fire protection services. |
| 3 | | (c) For fiscal years ending before January 1, 2028, when |
| 4 | | When the Board of Trustees of a Fire Protection District |
| 5 | | purchases fire protection services from an organization |
| 6 | | (specifically including without limitation a not-for-profit |
| 7 | | corporation or a for-profit corporation or association) that |
| 8 | | is not required to be audited by "An Act in relation to audits |
| 9 | | of the accounts of certain governmental units and to repeal an |
| 10 | | Act therein named", approved May 10, 1967, or by The Illinois |
| 11 | | Municipal Auditing Law, the organization providing the fire |
| 12 | | protection services shall employ a person licensed to practice |
| 13 | | public accounting under the laws of this State to annually |
| 14 | | audit the providing organization's financial statements of all |
| 15 | | accounts, funds, and other moneys in the care, custody, or |
| 16 | | control of the providing organization. Such audit shall be |
| 17 | | conducted in accordance with Generally Accepted Auditing |
| 18 | | Standards and the scope of such audit shall be expanded to |
| 19 | | require the licensed public accountant performing the audit to |
| 20 | | specifically report on compliance with the terms of the |
| 21 | | contract as it relates to financial matters, including but not |
| 22 | | limited to the amount charged to the purchasing Fire |
| 23 | | Protection District. To the extent possible, the financial |
| 24 | | statements of the providing organization shall segregate |
| 25 | | accounts relating to fire protection service transactions and |
| 26 | | present them as a separate fund or as a separate department |
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| 1 | | within a fund. A copy of the providing organization audit |
| 2 | | report shall be furnished to the purchasing Fire Protection |
| 3 | | District within 6 months after the close of the fiscal year of |
| 4 | | the organization providing the fire protection services. |
| 5 | | Within 15 days after the first meeting of the board of |
| 6 | | directors or trustees of the organization providing the fire |
| 7 | | protection services that occurs after receiving the audit |
| 8 | | report, the organization providing the fire protection |
| 9 | | services shall publish excerpts from the audit report that |
| 10 | | relate to fire protection service operations in accordance |
| 11 | | with Section 7 of this Act. When fire protection services are |
| 12 | | rendered in more than one geographic area, publication or |
| 13 | | distribution 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 |
| 18 | | within the fire department of each fire protection district |
| 19 | | that has an organized fire department, employs full-time |
| 20 | | firefighters, and is subject to a collective bargaining |
| 21 | | agreement. |
| 22 | | (b) The board shall consist of 7 trustees; the fire chief, |
| 23 | | who shall hold office by virtue of rank, and 6 members, who |
| 24 | | shall be elected at large by the sworn members of the |
| 25 | | department. If there are an insufficient number of candidates |
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| 1 | | to fill all these positions, the number of board members may be |
| 2 | | reduced, but not to fewer than 3 trustees. All sworn members of |
| 3 | | the department shall be eligible to vote for and be elected as |
| 4 | | officers of the board. |
| 5 | | (c) The members of the board shall annually elect |
| 6 | | officers. These officers shall be a chairman and a treasurer. |
| 7 | | (d) The trustees of the board shall make rules with |
| 8 | | respect to the board and the management of the money to be |
| 9 | | appropriated to the board. |
| 10 | | (e) The treasurer of the board shall give a sufficient |
| 11 | | bond to the board of trustees of the fire protection district, |
| 12 | | conditioned upon the faithful performance by the treasurer of |
| 13 | | his or her duties under this Section. This bond must be |
| 14 | | approved by the board of trustees of the fire protection |
| 15 | | district. |
| 16 | | (f) The officers of the department foreign fire insurance |
| 17 | | board shall develop and maintain a listing of those items that |
| 18 | | the board feels are appropriate expenditures under this |
| 19 | | Section. The officers shall make rules concerning the board |
| 20 | | and the management of the money appropriated to the board. |
| 21 | | (g) All of the money paid to the secretary of the fire |
| 22 | | protection district under Section 11-10-1 of the Illinois |
| 23 | | Municipal Code (65 ILCS 5/11-10-1) shall be set apart and |
| 24 | | shall be appropriated annually by the board of trustees of the |
| 25 | | fire protection district to the department foreign fire |
| 26 | | insurance board. |
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| 1 | | (h) The treasurer of the department foreign fire insurance |
| 2 | | board shall receive the appropriated money and shall pay out |
| 3 | | the money upon the order of the board for the maintenance, use, |
| 4 | | and benefit of the department. For fiscal years ending before |
| 5 | | January 1, 2028, as As part of the fire protection district's |
| 6 | | annual audit, these funds shall be audited to verify that the |
| 7 | | funds have been expended by the board only for the |
| 8 | | maintenance, 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 |
| 11 | | amended 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 |
| 15 | | financial audit of the District shall be conducted annually by |
| 16 | | a certified public accountant (CPA) that is licensed at the |
| 17 | | time of the audit by the Illinois Department of Financial and |
| 18 | | Professional Regulation. The CPA shall meet all of the general |
| 19 | | standards concerning qualifications, independence, due |
| 20 | | professional care, and quality control as required by the |
| 21 | | Government Auditing Standards, 1994 Revision, Chapter 3, |
| 22 | | including the requirements for continuing professional |
| 23 | | education and external peer review. The financial audit is to |
| 24 | | be performed in accordance with generally accepted auditing |
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| 1 | | standards issued by the American Institute of Certified Public |
| 2 | | Accountants (AICPA) for field work and reporting, generally |
| 3 | | accepted government auditing standards (GAGAS) and AICPA |
| 4 | | Statements on Auditing Standards (SAS) current at the time the |
| 5 | | audit is commenced. The audit shall be made publicly available |
| 6 | | and sent to the county board chairman of the county in which |
| 7 | | the district is situated and to the Illinois Secretary of |
| 8 | | State. |
| 9 | | (b) For fiscal years beginning after December 31, 2027, |
| 10 | | notwithstanding any other provision of law to the contrary, |
| 11 | | the operations and fiscal activities of the District created |
| 12 | | under this Act shall be subject to the Government Reporting |
| 13 | | Enhancement 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 |
| 16 | | District 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 |
| 20 | | financial audit of the district shall be conducted annually by |
| 21 | | a certified public accountant (CPA) that is licensed at the |
| 22 | | time of the audit by the Illinois Department of Financial and |
| 23 | | Professional Regulation. The CPA shall meet all of the general |
| 24 | | standards concerning qualifications, independence, due |
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| 1 | | professional care, and quality control as required by the |
| 2 | | Government Auditing Standards, 1994 Revision, Chapter 3, |
| 3 | | including the requirements for continuing professional |
| 4 | | education and external peer review. The financial audit is to |
| 5 | | be performed in accordance with generally accepted auditing |
| 6 | | standards issued by the American Institute of Certified Public |
| 7 | | Accountants (AICPA) for field work and reporting, generally |
| 8 | | accepted government auditing standards (GAGAS), and AICPA |
| 9 | | Statements on Auditing Standards (SAS) current at the time the |
| 10 | | audit is commenced. The audit shall be made publicly available |
| 11 | | and sent to the county board chairperson and to the Secretary |
| 12 | | of State. |
| 13 | | (b) For fiscal years beginning after December 31, 2027, |
| 14 | | notwithstanding any other provision of law to the contrary, |
| 15 | | the operations and fiscal activities of the District created |
| 16 | | under this Act shall be subject to the Government Reporting |
| 17 | | Enhancement and Transparency Act. |
| 18 | | (Source: P.A. 97-309, eff. 8-11-11.) |
| 19 | | Section 900-110. The Downstate Forest Preserve District |
| 20 | | Act is amended by changing Sections 13.3, 13.7, and 18.5 as |
| 21 | | follows: |
| 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 |
| 24 | | organized under this Act shall fix a fiscal year for the |
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| 1 | | district. The board shall, within or before the first quarter |
| 2 | | of each fiscal year, adopt an annual appropriation ordinance |
| 3 | | appropriating such sums of money as may be required to defray |
| 4 | | all necessary expenses and liabilities of the district to be |
| 5 | | paid or incurred during the fiscal year. |
| 6 | | (b) The failure of the board to adopt an annual |
| 7 | | appropriation ordinance or to otherwise comply with the |
| 8 | | provisions of this Section shall not affect the validity of |
| 9 | | any tax levy of the forest preserve district. The annual |
| 10 | | appropriation ordinance for any fiscal year need not be |
| 11 | | intended or required to be in support of or in relation to any |
| 12 | | tax levy made during that fiscal year. |
| 13 | | (c) For fiscal years ending before January 1, 2028, |
| 14 | | nothing Nothing in this Act shall be construed as requiring |
| 15 | | any forest preserve district to change or as preventing any |
| 16 | | forest preserve district from changing from a cash basis of |
| 17 | | financing to a surplus or deficit basis of financing, or as |
| 18 | | requiring any forest preserve district to change or as |
| 19 | | preventing any forest preserve district from changing its |
| 20 | | system of accounting. |
| 21 | | (d) Any forest preserve district that determines to change |
| 22 | | its fiscal year may adopt an annual appropriation ordinance |
| 23 | | for a transition period of more or less than 12 months as may |
| 24 | | be necessary to effect such change, and appropriations made |
| 25 | | for such transition period shall terminate with the close of |
| 26 | | such period. |
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| 1 | | (e) For fiscal years beginning after December 31, 2027, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of any conservancy |
| 4 | | district organized under this Act created under this Act shall |
| 5 | | be subject to the Government Reporting Enhancement and |
| 6 | | Transparency 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, |
| 11 | | and increase a separate fund to be known as the "Endowment |
| 12 | | Fund" to pay all costs and expenses incurred or anticipated by |
| 13 | | the forest preserve district for the long-term maintenance and |
| 14 | | improvement of forest preserve facilities and lands, and for |
| 15 | | the future purchase of real property. Only one "Endowment |
| 16 | | Fund" may be created by a forest preserve district, but the |
| 17 | | fund may provide for the collection, maintenance, investment, |
| 18 | | and expenditure of monies for more than one purpose. All |
| 19 | | revenues deposited in the Endowment Fund shall be designated |
| 20 | | by purpose and appropriated and expended for the purpose for |
| 21 | | which it was designated. No appropriation in the Endowment |
| 22 | | Fund shall lapse, and the monies received and designated for a |
| 23 | | specific purpose shall not become part of the general funds of |
| 24 | | the district or considered an asset available for |
| 25 | | appropriation for another purpose in a subsequent year unless |
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| 1 | | the purpose for which the monies were originally appropriated |
| 2 | | has been completed. Revenues deposited in the Endowment Fund |
| 3 | | must come from private sources, whether received before, on, |
| 4 | | or after the effective date of this amendatory Act of 1995. No |
| 5 | | revenues shall come from any Federal, State, or local |
| 6 | | government source, except for those received as a result of |
| 7 | | agreements obligating the district to the long-term |
| 8 | | maintenance of improvements constructed on district lands. For |
| 9 | | fiscal years ending before January 1, 2028, the The Fund shall |
| 10 | | be audited annually by a licensed certified public accountant. |
| 11 | | (b) For fiscal years beginning after December 31, 2027, if |
| 12 | | the Endowment Fund is a separate legal entity from the forest |
| 13 | | preserve district, notwithstanding any other provision of law |
| 14 | | to the contrary, the operations and fiscal activities of the |
| 15 | | Endowment Fund shall be subject to the Government Reporting |
| 16 | | Enhancement 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 |
| 20 | | facility or facilities constructed, equipped, acquired, |
| 21 | | extended or improved in whole or in part with the proceeds of |
| 22 | | any bonds issued under Sections 18.1 through 18.10 of this Act |
| 23 | | for the construction, equipping, acquisition, extension, or |
| 24 | | improvement of such facility or facilities shall be deposited |
| 25 | | in a separate fund. Each fund shall be used only for paying the |
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| 1 | | cost of operation and maintenance of the recreational facility |
| 2 | | or facilities or any combination thereof constructed, |
| 3 | | equipped, acquired, extended or improved in whole or in part |
| 4 | | with the proceeds of such bonds so issued for such facility or |
| 5 | | facilities, and for paying the principal of and interest on |
| 6 | | the bonds so issued and creating the accounts provided for by |
| 7 | | the ordinance authorizing their issuance. |
| 8 | | Such forest preserve district shall install and maintain a |
| 9 | | proper system of account for each fund, showing the amount |
| 10 | | received and disbursed from the operation of such facility or |
| 11 | | facilities. For fiscal years ending before January 1, 2028, at |
| 12 | | At least once each year, such district shall have such |
| 13 | | accounts for bonds properly audited, and the report of this |
| 14 | | audit 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 |
| 17 | | Act 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 |
| 20 | | Act. |
| 21 | | (a) The fiscal year of each forest preserve district |
| 22 | | subject to this Act shall extend from January 1, until |
| 23 | | December 31. The forest preserve district shall, before the |
| 24 | | commencement or within 60 days after the commencement of each |
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| 1 | | fiscal year, adopt an annual appropriation ordinance, which |
| 2 | | shall appropriate sums of money required to defray all |
| 3 | | necessary expenses and liabilities of the district to be paid |
| 4 | | or incurred during that fiscal year. Transfers from one |
| 5 | | appropriation of any one fund to another of the same fund, not |
| 6 | | affecting the total amount appropriated, may be made at any |
| 7 | | meeting of the Board. |
| 8 | | (b) For fiscal years beginning after December 31, 2027, |
| 9 | | notwithstanding any other provision of law to the contrary, |
| 10 | | the operations and fiscal activities of each forest preserve |
| 11 | | district created under this Act shall be subject to the |
| 12 | | Government 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 |
| 16 | | facility or facilities constructed, equipped, acquired, |
| 17 | | extended or improved in whole or in part with the proceeds of |
| 18 | | any bonds issued under Sections 31 through 39 of this Act for |
| 19 | | the construction, equipping, acquisition, extension, or |
| 20 | | improvement of such facility or facilities shall be deposited |
| 21 | | in a separate fund. Each fund shall be used only for paying the |
| 22 | | cost of operation and maintenance of the recreational facility |
| 23 | | or facilities or any combination thereof constructed, |
| 24 | | equipped, acquired, extended or improved in whole or in part |
| 25 | | with the proceeds of such bonds so issued for such facility or |
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| 1 | | facilities, and for paying the principal of and interest on |
| 2 | | the bonds so issued and creating the accounts provided for by |
| 3 | | the ordinance authorizing their issuance. |
| 4 | | Such forest preserve district shall install and maintain a |
| 5 | | proper system of account for each fund, showing the amount |
| 6 | | received and disbursed from the operation of such facility or |
| 7 | | facilities. For fiscal years ending before January 1, 2028, at |
| 8 | | At least once each year, such district shall have such |
| 9 | | accounts for bonds properly audited, and the report of this |
| 10 | | audit 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 |
| 13 | | by changing Sections 15 and 18 and by adding Section 16 as |
| 14 | | follows: |
| 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 |
| 18 | | meeting 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 |
| 21 | | 2 members and filed with the Secretary; |
| 22 | | 4. Levy, annually, subject to Section 21 in addition to |
| 23 | | all other taxes which are now or hereafter may be authorized to |
| 24 | | be levied on the aggregate valuation of all property within |
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| 1 | | the public health district, a special "public health tax", not |
| 2 | | to exceed .1% of the value, as equalized or assessed by the |
| 3 | | Department of Revenue, of all taxable property embraced within |
| 4 | | such public health district, according to the valuation of the |
| 5 | | same as made for the purpose of State and county taxation, |
| 6 | | which shall form, when collected, a fund to be known as the |
| 7 | | "public health fund", (i) except that the tax authorized by |
| 8 | | this subsection 4 may be levied at a rate over .1% but not to |
| 9 | | exceed .15%, not subject to Section 21 of this Act, if the |
| 10 | | board of health by resolution initiates a referendum to be |
| 11 | | held in accordance with the general election law and the |
| 12 | | question of authorizing a rate not to exceed .15% is approved |
| 13 | | by a majority of the electors voting on the question, and (ii) |
| 14 | | further except, if a public health district is situated within |
| 15 | | any county or multiple-county health department for whose |
| 16 | | benefit a tax is levied under "An Act in relation to the |
| 17 | | establishment and maintenance of county and multiple-county |
| 18 | | public health departments", approved July 9, 1943, as amended, |
| 19 | | the county clerk shall reduce and abate from the tax levied by |
| 20 | | the authority of this Act a rate which would produce an amount |
| 21 | | equal to the amount of the tax accruing to the public health |
| 22 | | district under the above-named Act. In any public health |
| 23 | | district in which a health department was established by a |
| 24 | | referendum prior to January 1, 1970, the board of health may, |
| 25 | | by a resolution adopted by at least a three-fifths vote and |
| 26 | | without subsequent referendum, levy a tax at a rate not to |
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| 1 | | exceed the rate set forth above; |
| 2 | | 5. Appoint a medical health officer as the executive |
| 3 | | officer of the board of health, who shall be a citizen of the |
| 4 | | United States or has made declaration of intention to become a |
| 5 | | citizen, who shall possess such qualifications as may be |
| 6 | | prescribed by the State Department of Public Health, or |
| 7 | | appoint a Public Health Administrator who shall possess such |
| 8 | | qualifications as may be prescribed by the State Department of |
| 9 | | Public Health as executive officer of the board of health, |
| 10 | | provided that the board of health shall make available medical |
| 11 | | supervision which is considered adequate by the Director of |
| 12 | | the Department of Public Health; |
| 13 | | 6. Appoint, upon the advice and approval of the executive |
| 14 | | officer, professional and technical personnel who meet the |
| 15 | | qualifications established by the State Department of Public |
| 16 | | Health and such clerical and other personnel as the executive |
| 17 | | officer deems necessary; |
| 18 | | 7. Fix the compensation of the medical health officer or |
| 19 | | administrator; |
| 20 | | 8. Provide, equip and maintain suitable offices, |
| 21 | | facilities and appliances for the health officer or |
| 22 | | administrator and his staff; |
| 23 | | 9. If determined necessary by the board of health, |
| 24 | | establish, equip and maintain an analytical biological and |
| 25 | | research laboratory; |
| 26 | | 10. Pay, from the "public health fund", the salary of the |
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| 1 | | medical health officer or administrator and the salaries of |
| 2 | | all appointees and employees and the expenses of maintenance |
| 3 | | of the public health department, including therein the expense |
| 4 | | of administering the sanitation and health laws and |
| 5 | | ordinances; |
| 6 | | 11. Consult with other private and public health agencies |
| 7 | | in the district on the development of local plans for the most |
| 8 | | efficient performance of health services; |
| 9 | | 12. Acquire, hold, lease and sell, in the name of the |
| 10 | | public health district, real estate and personal property; |
| 11 | | 13. Receive contributions of money or property and charge |
| 12 | | fees for health services; |
| 13 | | 14. Publish, annually, on or soon after the second Tuesday |
| 14 | | in April, in pamphlet form, for free distribution, an annual |
| 15 | | report showing the condition of their trust on April 1, of that |
| 16 | | year, the sums of money received from taxation and from other |
| 17 | | sources, giving the name of the donor, how all moneys have been |
| 18 | | expended and for what purpose, and such other statistics and |
| 19 | | information in regard to the work of the health department as |
| 20 | | they deem of general interest for fiscal years ending before |
| 21 | | January 1, 2028. |
| 22 | | (Source: P.A. 86-338.) |
| 23 | | (70 ILCS 905/16 new) |
| 24 | | Sec. 16. Government Reporting Enhancement and Transparency |
| 25 | | Act. |
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| 1 | | (a) For fiscal years ending before January 1, 2028, |
| 2 | | notwithstanding any other provision of law to the contrary, |
| 3 | | the operations and fiscal activities of each public health |
| 4 | | district shall be subject to the Governmental Account Audit |
| 5 | | Act. |
| 6 | | (b) For fiscal years beginning after December 31, 2027, |
| 7 | | notwithstanding any other provision of law to the contrary, |
| 8 | | the operations and fiscal activities of each public health |
| 9 | | district shall be subject to the Government Reporting |
| 10 | | Enhancement and Transparency Act. |
| 11 | | Section 900-125. The Hospital District Law is amended by |
| 12 | | changing Section 18 as follows: |
| 13 | | (70 ILCS 910/18) (from Ch. 23, par. 1268) |
| 14 | | Sec. 18. Government Reporting Enhancement and Transparency |
| 15 | | Act. |
| 16 | | (a) The Board shall provide for the proper and safe |
| 17 | | keeping of its permanent records and for the recording of the |
| 18 | | corporate action of the District. It shall keep a true and |
| 19 | | accurate account of its receipts and an annual audit shall be |
| 20 | | made of its books, records and accounts for fiscal years |
| 21 | | ending before January 1, 2028. All officers and employees |
| 22 | | authorized to receive or retain the custody of money or to sign |
| 23 | | vouchers, checks, warrants or evidences of indebtedness |
| 24 | | binding upon the District shall furnish surety bond for the |
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| 1 | | faithful performance of their duties and the faithful |
| 2 | | accounting for all moneys that may come into their hands in an |
| 3 | | amount to be fixed and in a form to be approved by the board. |
| 4 | | (b) For fiscal years beginning after December 31, 2027, |
| 5 | | notwithstanding any other provision of law to the contrary, |
| 6 | | the operations and fiscal activities of the District shall be |
| 7 | | subject to the Government Reporting Enhancement and |
| 8 | | Transparency Act. |
| 9 | | (Source: Laws 1949, p. 361.) |
| 10 | | Section 900-130. The Mosquito Abatement District Act is |
| 11 | | amended by adding Section 9.3 as follows: |
| 12 | | (70 ILCS 1005/9.3 new) |
| 13 | | Sec. 9.3. Government Reporting Enhancement and |
| 14 | | Transparency Act. |
| 15 | | (a) For fiscal years ending before January 1, 2028, |
| 16 | | notwithstanding any other provision of law to the contrary, |
| 17 | | the operations and fiscal activities of each district shall be |
| 18 | | subject to the Governmental Account Audit Act. |
| 19 | | (b) For fiscal years beginning after December 31, 2027, |
| 20 | | notwithstanding any other provision of law to the contrary, |
| 21 | | the operations and fiscal activities of each district shall be |
| 22 | | subject to the Government Reporting Enhancement and |
| 23 | | Transparency Act. |
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| 1 | | Section 900-135. The Museum District Act is amended by |
| 2 | | changing 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 |
| 6 | | board shall, within or before the first quarter of each fiscal |
| 7 | | year, adopt an annual appropriation ordinance appropriating |
| 8 | | the sums of money that will be required to defray all necessary |
| 9 | | expenses and liabilities of the district to be paid or |
| 10 | | incurred during the fiscal year. |
| 11 | | (b) The failure of the board to adopt an annual |
| 12 | | appropriation ordinance or to otherwise comply with the |
| 13 | | provisions of this Section shall not affect the validity of |
| 14 | | any tax levy of the district. The annual appropriation |
| 15 | | ordinance for any fiscal year need not be intended or required |
| 16 | | to be in support of or in relation to any tax levy made during |
| 17 | | that fiscal year. |
| 18 | | (c) A district that determines to change its fiscal year |
| 19 | | may adopt an appropriation ordinance for a transition period |
| 20 | | of more or less than 12 months as may be necessary to effect |
| 21 | | the change. Appropriations made for the transition period |
| 22 | | shall end with the close of the transition period. |
| 23 | | (d) For fiscal years ending before January 1, 2028, |
| 24 | | notwithstanding any other provision of law to the contrary, |
| 25 | | the operations and fiscal activities of the district shall be |
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| 1 | | subject to the Governmental Account Audit Act. |
| 2 | | (e) For fiscal years beginning after December 31, 2027, |
| 3 | | notwithstanding any other provision of law to the contrary, |
| 4 | | the operations and fiscal activities of the district shall be |
| 5 | | subject to the Government Reporting Enhancement and |
| 6 | | Transparency Act. |
| 7 | | (Source: P.A. 86-477.) |
| 8 | | Section 900-140. The Park District Code is amended by |
| 9 | | changing Sections 9-1d, 9.1-5, 9.2-5, and 9.3-5 and by adding |
| 10 | | Sections 2-29 and 8-58 as follows: |
| 11 | | (70 ILCS 1205/2-29 new) |
| 12 | | Sec. 2-29. Government Reporting Enhancement and |
| 13 | | Transparency Act. |
| 14 | | (a) For fiscal years ending before January 1, 2028, |
| 15 | | notwithstanding any other provision of law to the contrary, |
| 16 | | the operations and fiscal activities of each district shall be |
| 17 | | subject to the Governmental Account Audit Act. |
| 18 | | (b) For fiscal years beginning after December 31, 2027, |
| 19 | | notwithstanding any other provision of law to the contrary, |
| 20 | | the operations and fiscal activities of each district shall be |
| 21 | | subject to the Government Reporting Enhancement and |
| 22 | | Transparency Act. |
| 23 | | (70 ILCS 1205/8-58 new) |
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| 1 | | Sec. 8-58. Government Reporting Enhancement and |
| 2 | | Transparency Act. |
| 3 | | (a) For fiscal years ending before January 1, 2028, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of the River Valley |
| 6 | | Special Recreation Association shall be subject to the |
| 7 | | Governmental Account Audit Act. |
| 8 | | (b) For fiscal years beginning after December 31, 2027, |
| 9 | | notwithstanding any other provision of law to the contrary, |
| 10 | | the operations and fiscal activities of the River Valley |
| 11 | | Special Recreation Association shall be subject to the |
| 12 | | Government 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 |
| 15 | | constructs a swimming pool, or an artificial ice skating rink, |
| 16 | | under Section 9-1 hereof shall charge for the use thereof at a |
| 17 | | rate which at all times is sufficient to pay maintenance and |
| 18 | | operation cost, depreciation, and the principal and interest |
| 19 | | on the bonds. Such district may make, enact, and enforce all |
| 20 | | needful rules and regulations for the construction, |
| 21 | | acquisition, improvement, extension, management, maintenance, |
| 22 | | care and protection of its swimming pool, or its artificial |
| 23 | | ice skating rink, and for the use thereof. Charges or rates for |
| 24 | | the use of the swimming pool, or the artificial ice skating |
| 25 | | rink, shall be such as the board may from time to time |
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| 1 | | determine. |
| 2 | | While any bond issued under Section 9-1 hereof is |
| 3 | | outstanding, such district is required to maintain and operate |
| 4 | | its swimming pool, or its artificial ice skating rink, as long |
| 5 | | as it can do so, out of the revenue derived from the operation |
| 6 | | thereof. It shall not sell, loan, mortgage, or in any other |
| 7 | | manner dispose of the swimming pool, or the artificial ice |
| 8 | | skating rink, until all of the bonds so issued have been paid |
| 9 | | in full, both principal and interest, or until provision has |
| 10 | | been made for the payment of all of the bonds and interest |
| 11 | | thereon in full. Nothing in this paragraph shall, however, |
| 12 | | prohibit any park district from leasing any such swimming pool |
| 13 | | or artificial ice skating rink to any municipality, school |
| 14 | | district, or other unit of local government, or from entering |
| 15 | | into any other agreement with any municipality, school |
| 16 | | district, or other unit of local government by which lease or |
| 17 | | other agreement such swimming pool or artificial ice skating |
| 18 | | rink may be operated and/or used in whole or in part by or for |
| 19 | | such municipality, school district or other unit of local |
| 20 | | government, where such lease or other agreement is not |
| 21 | | prohibited by the terms of such revenue bonds or the ordinance |
| 22 | | of the park district authorizing them and where the revenues |
| 23 | | of the park district derived from such lease or other |
| 24 | | agreement are deposited in the fund required by Section 9-1c |
| 25 | | hereof in connection with such revenue bonds. |
| 26 | | Such a park district shall install and maintain a proper |
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| 1 | | system of accounts, showing the amount of revenue received |
| 2 | | from the operation of its swimming pool, or its artificial ice |
| 3 | | skating rink. For fiscal years ending before January 1, 2028, |
| 4 | | at At least once each year, the district shall have the |
| 5 | | accounts properly audited. A report of this audit shall be |
| 6 | | open 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 |
| 10 | | acquires or constructs, or extends or improves a golf course |
| 11 | | and facilities shall charge for the use thereof at a rate which |
| 12 | | at all times is sufficient to pay maintenance and operation |
| 13 | | costs, depreciation, and the principal and interest on the |
| 14 | | bonds. Such district may make, enact, and enforce all needful |
| 15 | | rules and regulations for the construction, acquisition, |
| 16 | | improvement, extension, management, maintenance, care and |
| 17 | | protection of its golf course and for the use thereof. Charges |
| 18 | | or rates for the use of the golf course or courses shall be |
| 19 | | such as the board may from time to time determine. |
| 20 | | While any bond issued under Section 9.1-1 of this Article |
| 21 | | is outstanding such district is required to maintain and |
| 22 | | operate its golf course or courses, as long as it can do so, |
| 23 | | out of the revenue derived from the operation thereof. It |
| 24 | | shall not sell, lease, loan, mortgage, or in any other manner |
| 25 | | dispose of the golf course or courses until all of the bonds so |
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| 1 | | issued have been paid in full, both principal and interest, or |
| 2 | | until provision has been made for the payment of all of the |
| 3 | | bonds and interest thereon in full. Nothing in this Section |
| 4 | | prohibits any park district from leasing any such golf course |
| 5 | | and facilities to any school district, municipality, or other |
| 6 | | unit of local government, or from entering into any other |
| 7 | | agreement with any school district, municipality, or other |
| 8 | | unit of local government by which lease or other agreement |
| 9 | | such golf course and facilities may be operated or used in |
| 10 | | whole or in part by or for such school district, municipality, |
| 11 | | or other unit of local government, where such lease or other |
| 12 | | agreement is not prohibited by the terms of such revenue bonds |
| 13 | | or the ordinance of the park district authorizing them and |
| 14 | | where the revenues of the park district derived from such |
| 15 | | lease or other agreement are deposited in the fund required by |
| 16 | | Section 9.1-4 of this Act in connection with such revenue |
| 17 | | bonds. |
| 18 | | Such a park district shall install and maintain a proper |
| 19 | | system of accounts, showing the amount of revenue received |
| 20 | | from the operation of its golf course. For fiscal years ending |
| 21 | | before January 1, 2028, at At least once each year, the |
| 22 | | district shall have the accounts properly audited. A report of |
| 23 | | this 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 |
| 2 | | acquires or constructs or extends or improves indoor or |
| 3 | | outdoor tennis courts, handball, racquetball, or squash |
| 4 | | courts, or zoos and facilities shall charge for the use |
| 5 | | thereof at a rate which at all times is sufficient to pay |
| 6 | | maintenance and operation costs, depreciation, and the |
| 7 | | principal and interest on the bonds. Such district may make, |
| 8 | | enact and enforce all needful rules and regulations for the |
| 9 | | construction, acquisition, improvement, extension, |
| 10 | | management, maintenance, care and protection of its courts or |
| 11 | | zoo and for the use thereof. Charges or rates for the use of |
| 12 | | the courts or zoo facilities shall be such as the board may |
| 13 | | from time to time determine. |
| 14 | | While any bond issued under Section 9.2-1 of this Article |
| 15 | | is outstanding such district is required to maintain and |
| 16 | | operate its tennis, handball, racquetball, or squash courts or |
| 17 | | zoo facilities as long as it can do so, out of the revenue |
| 18 | | derived from the operation thereof. It shall not sell, lease, |
| 19 | | loan, mortgage or in any other manner dispose of the courts or |
| 20 | | zoo facilities until all of the bonds so issued have been paid |
| 21 | | in full, both principal and interest, or until provision has |
| 22 | | been made for the payment of all the bonds and interest thereon |
| 23 | | in full. Nothing in this Section prohibits any park district |
| 24 | | from leasing any such indoor or outdoor tennis courts, |
| 25 | | handball, racquetball, or squash courts, or zoos and |
| 26 | | facilities to any school district, municipality, or other unit |
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| 1 | | of local government or from entering into any other agreement |
| 2 | | with any school district, municipality, or other unit of local |
| 3 | | government by which lease or other agreement such indoor or |
| 4 | | outdoor tennis courts, handball, racquetball, or squash |
| 5 | | courts, or zoos and facilities may be operated or used in whole |
| 6 | | or in part by or for such school district, municipality, or |
| 7 | | other unit of local government, where such lease or other |
| 8 | | agreement is not prohibited by the terms of such revenue bonds |
| 9 | | or the ordinance of the park district authorizing them and |
| 10 | | where the revenues of the park district derived from such |
| 11 | | lease or other agreement are deposited in the fund required by |
| 12 | | Section 9.2-4 of this Act in connection with such revenue |
| 13 | | bonds. |
| 14 | | Such a park district shall install and maintain a proper |
| 15 | | system of accounts, showing the amount of revenue received |
| 16 | | from the operation of its tennis, handball, racquetball, or |
| 17 | | squash courts or zoo. For fiscal years ending before January |
| 18 | | 1, 2028, at At least once each year, the district shall have |
| 19 | | the accounts properly audited. A report of this audit shall be |
| 20 | | open 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 |
| 24 | | acquires or constructs, extends or improves indoor or outdoor |
| 25 | | recreational facilities under the provisions of this Article |
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| 1 | | shall charge for the use thereof at a rate which at all times |
| 2 | | is sufficient to pay maintenance and operation costs, |
| 3 | | depreciation, and the principal and interest on the bonds. |
| 4 | | Such district may make, enact and enforce all needful rules |
| 5 | | and regulations for the construction, acquisition, |
| 6 | | improvements, extension, management, maintenance, care and |
| 7 | | protection of the facility and for the use thereof. Charges or |
| 8 | | rates for the use of the facility shall be such as the board |
| 9 | | may from time to time determine. |
| 10 | | While any bond issued under Section 9.3-1 is outstanding |
| 11 | | such district is required to maintain and operate the facility |
| 12 | | as long as it can do so, out of the revenue derived from the |
| 13 | | operation thereof. It shall not sell, lease, loan, mortgage or |
| 14 | | in any other manner dispose of the facility or facilities |
| 15 | | until all of the bonds so issued have been paid in full, both |
| 16 | | principal and interest, or until provision has been made for |
| 17 | | the payment of all of the bonds and interest thereon in full. |
| 18 | | Such park district shall install and maintain a proper |
| 19 | | system of accounts, showing the amount of revenue received |
| 20 | | from the operation of the facility. For fiscal years ending |
| 21 | | before January 1, 2028, at At least once each year, the |
| 22 | | district shall have the accounts properly audited. A report of |
| 23 | | this 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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| 1 | | by 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 |
| 4 | | Transparency Act. |
| 5 | | (a) For fiscal years ending before January 1, 2028, as As |
| 6 | | soon after the end of each fiscal year as may be expedient, the |
| 7 | | commissioners shall cause to be prepared and printed a |
| 8 | | complete and detailed report and financial statement of the |
| 9 | | district's operations and of the district's assets and |
| 10 | | liabilities. A reasonably sufficient number of copies of such |
| 11 | | report shall be delivered to the appropriate committee of the |
| 12 | | Chicago City Council. |
| 13 | | (b) For fiscal years beginning after December 31, 2027, |
| 14 | | notwithstanding any other provision of law to the contrary, |
| 15 | | the operations and fiscal activities of the district shall be |
| 16 | | subject to the Government Reporting Enhancement and |
| 17 | | Transparency Act. |
| 18 | | (Source: P.A. 85-1411.) |
| 19 | | Section 900-150. The Metro-East Park and Recreation |
| 20 | | District 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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| 1 | | The board shall, by the end of the District's fiscal year, |
| 2 | | submit a financial report to the State Comptroller. |
| 3 | | (b) For fiscal years ending before January 1, 2028, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of the district shall be |
| 6 | | subject to the Governmental Account Audit Act. |
| 7 | | (c) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of the district shall be |
| 10 | | subject to the Government Reporting Enhancement and |
| 11 | | Transparency Act. |
| 12 | | (Source: P.A. 91-103, eff. 7-13-99.) |
| 13 | | Section 900-155. The Alexander-Cairo Port District Act is |
| 14 | | amended 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 |
| 18 | | Within 60 days after the end of each fiscal year, the Board |
| 19 | | shall cause to be prepared and printed a complete and detailed |
| 20 | | report and financial statement of the operations and assets |
| 21 | | and liabilities of the Port District. A reasonably sufficient |
| 22 | | number of copies of the report shall be printed for |
| 23 | | distribution to persons interested, upon request, and a copy |
| 24 | | thereof shall be filed with the Governor and the county clerk |
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| 1 | | and the presiding officer of the County Board of Alexander |
| 2 | | County. A copy of the report shall be addressed to and mailed |
| 3 | | to the corporate authorities of each municipality within the |
| 4 | | area of the District. |
| 5 | | (b) For fiscal years beginning after December 31, 2027, |
| 6 | | notwithstanding any other provision of law to the contrary, |
| 7 | | the operations and fiscal activities of the district shall be |
| 8 | | subject to the Government Reporting Enhancement and |
| 9 | | Transparency Act. |
| 10 | | (Source: P.A. 96-1015, eff. 7-8-10.) |
| 11 | | Section 900-160. The Havana Regional Port District Act is |
| 12 | | amended by changing Section 33 as follows: |
| 13 | | (70 ILCS 1805/33) (from Ch. 19, par. 633) |
| 14 | | Sec. 33. Government Reporting Enhancement and Transparency |
| 15 | | Act. |
| 16 | | (a) For fiscal years ending before January 1, 2028, as As |
| 17 | | soon after the end of each fiscal year as may be expedient, the |
| 18 | | Board shall cause to be prepared and printed a complete and |
| 19 | | detailed report and financial statement of the Port District |
| 20 | | operations and of its assets and liabilities and a copy |
| 21 | | thereof shall be filed with the Governor, the county clerk of |
| 22 | | each county which is partially or wholly within the Port |
| 23 | | District, and a copy mailed to the Mayor and City Council or |
| 24 | | President and Board of Trustees of each municipality within |
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| 1 | | the Port District. |
| 2 | | (b) For fiscal years beginning after December 31, 2027, |
| 3 | | notwithstanding any other provision of law to the contrary, |
| 4 | | the operations and fiscal activities of the district shall be |
| 5 | | subject to the Government Reporting Enhancement and |
| 6 | | Transparency Act. |
| 7 | | (Source: Laws 1967, p. 3589.) |
| 8 | | Section 900-170. The Heart of Illinois Regional Port |
| 9 | | District 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 |
| 13 | | soon after the end of each fiscal year as may be expedient, the |
| 14 | | Board shall prepare and print a complete and detailed report |
| 15 | | and financial statement of its operations and of its assets |
| 16 | | and liabilities. A reasonably sufficient number of copies of |
| 17 | | the report shall be printed for distribution to persons |
| 18 | | interested, upon request, and a copy of the report shall be |
| 19 | | filed with the Governor and the county clerk of each county |
| 20 | | that is within the area of the district. A copy of the report |
| 21 | | shall be addressed to and mailed to the mayor and city council |
| 22 | | or president and board of trustees of each municipality within |
| 23 | | the area of the district. |
| 24 | | (b) For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of the district shall be |
| 3 | | subject to the Government Reporting Enhancement and |
| 4 | | Transparency Act. |
| 5 | | (Source: P.A. 93-262, eff. 7-22-03.) |
| 6 | | Section 900-175. The Illinois International Port District |
| 7 | | Act 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 |
| 10 | | Act. |
| 11 | | (a) For fiscal years ending before January 1, 2028, as As |
| 12 | | soon after the end of each fiscal year as may be expedient, the |
| 13 | | Board shall cause to be prepared and printed a complete and |
| 14 | | detailed report and financial statement of its operations and |
| 15 | | of its assets and liabilities. A reasonably sufficient number |
| 16 | | of copies of such report shall be printed for distribution to |
| 17 | | persons interested, upon request, and a copy thereof shall be |
| 18 | | filed with the Governor and the county clerk of each county |
| 19 | | which is partially or wholly within the area of operation of |
| 20 | | the District. A copy of such report shall be addressed to and |
| 21 | | mailed to the Mayor and city council or president and board of |
| 22 | | trustees of each municipality within the area of the District. |
| 23 | | (b) For fiscal years beginning after December 31, 2027, |
| 24 | | notwithstanding any other provision of law to the contrary, |
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| 1 | | the operations and fiscal activities of the District shall be |
| 2 | | subject to the Government Reporting Enhancement and |
| 3 | | Transparency Act. |
| 4 | | (Source: Laws 1951, p. 256.) |
| 5 | | Section 900-180. The Illinois Valley Regional Port |
| 6 | | District 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 |
| 9 | | Act. |
| 10 | | (a) For fiscal years ending before January 1, 2028, as As |
| 11 | | soon after the end of each fiscal year as may be expedient, the |
| 12 | | Board shall cause to be prepared and printed a complete and |
| 13 | | detailed report and financial statement of the Port District |
| 14 | | operations and of its assets and liabilities. A reasonably |
| 15 | | sufficient number of copies of such report shall be printed |
| 16 | | for distribution to persons interested, upon request, and a |
| 17 | | copy thereof shall be filed with the Governor, and the county |
| 18 | | clerk of each county which is partially or wholly within the |
| 19 | | Port District. A copy of such report shall be addressed and |
| 20 | | mailed to the corporate authorities of each municipality |
| 21 | | within the Port District. |
| 22 | | (b) For fiscal years beginning after December 31, 2027, |
| 23 | | notwithstanding any other provision of law to the contrary, |
| 24 | | the operations and fiscal activities of the District shall be |
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| 1 | | subject to the Government Reporting Enhancement and |
| 2 | | Transparency Act. |
| 3 | | (Source: P.A. 77-1799.) |
| 4 | | Section 900-185. The Illinois Waterway Ports Commission |
| 5 | | Act is amended by adding Section 20 as follows: |
| 6 | | (70 ILCS 1816/20 new) |
| 7 | | Sec. 20. Government Reporting Enhancement and Transparency |
| 8 | | Act. |
| 9 | | (a) For fiscal years ending before January 1, 2028, |
| 10 | | notwithstanding any other provision of law to the contrary, |
| 11 | | the operations and fiscal activities of the Commission shall |
| 12 | | be subject to the Governmental Account Audit Act. |
| 13 | | (b) For fiscal years beginning after December 31, 2027, |
| 14 | | notwithstanding any other provision of law to the contrary, |
| 15 | | the operations and fiscal activities of the Commission shall |
| 16 | | be subject to the Government Reporting Enhancement and |
| 17 | | Transparency Act. |
| 18 | | Section 900-190. The Jackson-Union Counties Regional Port |
| 19 | | District 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 |
| 22 | | Act. |
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| 1 | | (a) For fiscal years ending before January 1, 2028, within |
| 2 | | Within 60 days after the end of each fiscal year, the Board |
| 3 | | shall cause to be prepared and printed a complete and detailed |
| 4 | | report and financial statement of the operations and assets |
| 5 | | and liabilities of the Port District. A reasonably sufficient |
| 6 | | number of copies of such report shall be printed for |
| 7 | | distribution to persons interested, upon request, and a copy |
| 8 | | thereof shall be filed with the Governor and the county clerks |
| 9 | | and the presiding officer of the county boards of Jackson and |
| 10 | | Union counties. A copy of such report shall be addressed to and |
| 11 | | mailed to the corporate authorities of each municipality |
| 12 | | within the area of the District. |
| 13 | | (b) For fiscal years beginning after December 31, 2027, |
| 14 | | notwithstanding any other provision of law to the contrary, |
| 15 | | the operations and fiscal activities of the Port District |
| 16 | | shall be subject to the Government Reporting Enhancement and |
| 17 | | Transparency Act. |
| 18 | | (Source: P.A. 79-1475.) |
| 19 | | Section 900-195. The Joliet Regional Port District Act is |
| 20 | | amended by changing Section 24 as follows: |
| 21 | | (70 ILCS 1825/24) (from Ch. 19, par. 274) |
| 22 | | Sec. 24. Government Reporting Enhancement and Transparency |
| 23 | | Act. |
| 24 | | (a) For fiscal years ending before January 1, 2028, within |
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| 1 | | Within 60 days after the end of each fiscal year, the Board |
| 2 | | shall cause to be prepared and printed a complete and detailed |
| 3 | | report and financial statement of the operations and assets |
| 4 | | and liabilities of the Port District. A reasonably sufficient |
| 5 | | number of copies of such report shall be printed for |
| 6 | | distribution to persons interested, upon request, and a copy |
| 7 | | thereof shall be filed with the Governor and the county clerk |
| 8 | | and the presiding officer of the county board of Will County. A |
| 9 | | copy of such report shall be addressed to and mailed to the |
| 10 | | Mayor and city council or president and board of trustees of |
| 11 | | each municipality within the area of the District. |
| 12 | | (b) For fiscal years beginning after December 31, 2027, |
| 13 | | notwithstanding any other provision of law to the contrary, |
| 14 | | the operations and fiscal activities of the Port District |
| 15 | | shall be subject to the Government Reporting Enhancement and |
| 16 | | Transparency Act. |
| 17 | | (Source: Laws 1957, p. 1302.) |
| 18 | | Section 900-200. The Kaskaskia Regional Port District Act |
| 19 | | is 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 |
| 22 | | Act. |
| 23 | | (a) For fiscal years ending before January 1, 2028, as As |
| 24 | | soon after the end of each fiscal year as may be expedient, the |
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| 1 | | Board shall cause to be prepared and printed a complete and |
| 2 | | detailed report and financial statement of the Port District |
| 3 | | operations and of its assets and liabilities. A reasonably |
| 4 | | sufficient number of copies of such report shall be printed |
| 5 | | for distribution to persons interested, upon request, and a |
| 6 | | copy thereof shall be filed with the Governor, and the county |
| 7 | | clerk of each county which is partially or wholly within the |
| 8 | | Port District. A copy of such report shall be addressed and |
| 9 | | mailed to the Mayor and City Council of President and Board of |
| 10 | | Trustees of each municipality within the Port District. |
| 11 | | (b) For fiscal years beginning after December 31, 2027, |
| 12 | | notwithstanding any other provision of law to the contrary, |
| 13 | | the operations and fiscal activities of the Port District |
| 14 | | shall be subject to the Government Reporting Enhancement and |
| 15 | | Transparency Act. |
| 16 | | (Source: Laws 1965, p. 1013.) |
| 17 | | Section 900-205. The Massac-Metropolis Port District Act |
| 18 | | is 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 |
| 22 | | Within 60 days after the end of each fiscal year, the Board |
| 23 | | shall cause to be prepared and printed a complete and detailed |
| 24 | | report and financial statement of the operations and assets |
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| 1 | | and liabilities of the Port District. A reasonably sufficient |
| 2 | | number of copies of such report shall be printed for |
| 3 | | distribution to persons interested, upon request, and a copy |
| 4 | | thereof shall be filed with the Governor and the county clerk |
| 5 | | and the presiding officer of the county board of Massac |
| 6 | | County. A copy of such report shall be addressed to and mailed |
| 7 | | to the corporate authorities of each municipality within the |
| 8 | | area of the District. |
| 9 | | (b) For fiscal years beginning after December 31, 2027, |
| 10 | | notwithstanding any other provision of law to the contrary, |
| 11 | | the operations and fiscal activities of the Port District |
| 12 | | shall be subject to the Government Reporting Enhancement and |
| 13 | | Transparency Act. |
| 14 | | (Source: P.A. 96-838, eff. 12-16-09.) |
| 15 | | Section 900-210. The Mid-America Intermodal Authority Port |
| 16 | | District 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 |
| 20 | | soon after the end of each fiscal year as may be expedient, the |
| 21 | | Board shall prepare and print a complete and detailed report |
| 22 | | and financial statement of its operations and of its assets |
| 23 | | and liabilities. A reasonably sufficient number of copies of |
| 24 | | the report shall be printed for distribution to persons |
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| 1 | | interested, upon request, and a copy of the report shall be |
| 2 | | filed with the Governor and the county clerk of each county |
| 3 | | that is within the area of the district. A copy of the report |
| 4 | | shall be addressed to and mailed to the mayor and city council |
| 5 | | or president and board of trustees of each municipality within |
| 6 | | the area of the district. |
| 7 | | (b) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of the District shall be |
| 10 | | subject to the Government Reporting Enhancement and |
| 11 | | Transparency Act. |
| 12 | | (Source: P.A. 90-636, eff. 7-24-98.) |
| 13 | | Section 900-215. The Ottawa Port District Act is amended |
| 14 | | by 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 |
| 18 | | Within 60 days after the end of each fiscal year, the Board |
| 19 | | shall prepare and print a complete and detailed report and |
| 20 | | financial statement of the operations, assets, and liabilities |
| 21 | | of the District. A reasonably sufficient number of copies of |
| 22 | | the report shall be printed for distribution to persons |
| 23 | | interested, upon request, and a copy of the report shall be |
| 24 | | filed with the Governor, the county clerk, and the presiding |
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| 1 | | officer of the county board of LaSalle County. A copy of the |
| 2 | | report shall be mailed to the corporate authorities of each |
| 3 | | municipality located within the District. |
| 4 | | (b) For fiscal years beginning after December 31, 2027, |
| 5 | | notwithstanding any other provision of law to the contrary, |
| 6 | | the operations and fiscal activities of the District shall be |
| 7 | | subject to the Government Reporting Enhancement and |
| 8 | | Transparency Act. |
| 9 | | (Source: P.A. 96-1522, eff. 2-14-11.) |
| 10 | | Section 900-220. The Rock Island Regional Port District |
| 11 | | Act 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 |
| 15 | | Within 60 days after the end of a fiscal year, a participating |
| 16 | | municipality's city council shall have prepared by a certified |
| 17 | | public accountant a complete and detailed report and financial |
| 18 | | statement of the operations and assets and liabilities of the |
| 19 | | Port District within the municipality's corporate limits. |
| 20 | | Copies of the report shall be prepared for distribution to |
| 21 | | persons interested, upon request, and a copy of the report and |
| 22 | | financial statement shall be filed with the Governor and with |
| 23 | | the Rock Island County Clerk. |
| 24 | | (b) For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of the District shall be |
| 3 | | subject to the Government Reporting Enhancement and |
| 4 | | Transparency Act. |
| 5 | | (Source: P.A. 103-242, eff. 1-1-24.) |
| 6 | | Section 900-225. The Seneca Regional Port District Act is |
| 7 | | amended by changing Section 25 as follows: |
| 8 | | (70 ILCS 1845/25) (from Ch. 19, par. 375) |
| 9 | | Sec. 25. Government Reporting Enhancement and Transparency |
| 10 | | Act. |
| 11 | | (a) For fiscal years ending before January 1, 2028, within |
| 12 | | Within 60 days after the end of each fiscal year, the Board |
| 13 | | shall cause to be prepared and printed a complete and detailed |
| 14 | | report and financial statement of the operations and assets |
| 15 | | and liabilities of the Port District. A reasonably sufficient |
| 16 | | number of copies of such report shall be printed for |
| 17 | | distribution to persons interested, upon request, and a copy |
| 18 | | thereof shall be filed with the Governor and the county clerks |
| 19 | | and the presiding officer of the county boards of La Salle and |
| 20 | | Grundy counties. A copy of such report shall be addressed to |
| 21 | | and mailed to the corporate authorities of each municipality |
| 22 | | within the area of the District. |
| 23 | | (b) For fiscal years beginning after December 31, 2027, |
| 24 | | notwithstanding any other provision of law to the contrary, |
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| 1 | | the operations and fiscal activities of the District shall be |
| 2 | | subject to the Government Reporting Enhancement and |
| 3 | | Transparency Act. |
| 4 | | (Source: Laws 1961, p. 2957.) |
| 5 | | Section 900-230. The Shawneetown Regional Port District |
| 6 | | Act 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 |
| 9 | | Act. |
| 10 | | (a) For fiscal years ending before January 1, 2028, within |
| 11 | | Within 60 days after the end of each fiscal year, the Board |
| 12 | | shall cause to be prepared and printed a complete and detailed |
| 13 | | report and financial statement of the operations and assets |
| 14 | | and liabilities of the Port District. A reasonably sufficient |
| 15 | | number of copies of such report shall be printed for |
| 16 | | distribution to persons interested, upon request, and a copy |
| 17 | | thereof shall be filed with the Governor and the county clerks |
| 18 | | and the presiding officer of the county boards of Gallatin and |
| 19 | | Hardin counties. A copy of such report shall be addressed to |
| 20 | | and mailed to the corporate authorities of each municipality |
| 21 | | within the area of the District. |
| 22 | | (b) For fiscal years beginning after December 31, 2027, |
| 23 | | notwithstanding any other provision of law to the contrary, |
| 24 | | the operations and fiscal activities of the District shall be |
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| 1 | | subject to the Government Reporting Enhancement and |
| 2 | | Transparency Act. |
| 3 | | (Source: Laws 1961, p. 2975.) |
| 4 | | Section 900-235. The America's Central Port District Act |
| 5 | | is 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 |
| 8 | | Act. |
| 9 | | (a) For fiscal years ending before January 1, 2028, within |
| 10 | | Within 9 months after the end of each fiscal year, the Board |
| 11 | | shall cause an independent auditor to prepare and print a |
| 12 | | complete and detailed report and financial statement of the |
| 13 | | operations and assets and liabilities of the Port District. A |
| 14 | | reasonably sufficient number of copies of such report shall be |
| 15 | | printed for distribution to persons interested, upon request, |
| 16 | | and a copy of the report shall be filed with the Governor and |
| 17 | | the county clerks of Madison and Jersey Counties. A copy of |
| 18 | | such report or a summary of the report shall be addressed and |
| 19 | | submitted to the Mayor or ranking official of each |
| 20 | | municipality within the area of the District. |
| 21 | | (b) For fiscal years beginning after December 31, 2027, |
| 22 | | notwithstanding any other provision of law to the contrary, |
| 23 | | the operations and fiscal activities of the Port District |
| 24 | | shall be subject to the Government Reporting Enhancement and |
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| 1 | | Transparency Act. |
| 2 | | (Source: P.A. 104-206, eff. 1-1-26.) |
| 3 | | Section 900-240. The Upper Mississippi River International |
| 4 | | Port District Act is amended by changing Section 31 as |
| 5 | | follows: |
| 6 | | (70 ILCS 1863/31) |
| 7 | | Sec. 31. Financial statement. |
| 8 | | (a) For fiscal years ending before January 1, 2028, within |
| 9 | | Within 60 days after the end of each fiscal year, the Board |
| 10 | | shall prepare and print a complete and detailed report and |
| 11 | | financial statement of the operations and assets and |
| 12 | | liabilities of the Port District. A reasonably sufficient |
| 13 | | number of copies of such report shall be printed for |
| 14 | | distribution to persons interested, upon request, and a copy |
| 15 | | shall be filed with the Governor and the County Clerk and the |
| 16 | | County Board Chair of Jo Daviess and Carroll Counties. |
| 17 | | (b) For fiscal years beginning after December 31, 2027, |
| 18 | | notwithstanding any other provision of law to the contrary, |
| 19 | | the operations and fiscal activities of the Port District |
| 20 | | shall be subject to the Government Reporting Enhancement and |
| 21 | | Transparency 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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| 1 | | by changing Section 25 as follows: |
| 2 | | (70 ILCS 1865/25) (from Ch. 19, par. 203) |
| 3 | | Sec. 25. Government Reporting Enhancement and Transparency |
| 4 | | Act. |
| 5 | | (a) For fiscal years ending before January 1, 2028, within |
| 6 | | Within 60 days after the end of each fiscal year, the Board |
| 7 | | shall cause to be prepared and printed a complete and detailed |
| 8 | | report and financial statement of the operations and assets |
| 9 | | and liabilities of the Port District. A reasonably sufficient |
| 10 | | number of copies of such report shall be printed for |
| 11 | | distribution to persons interested, upon request, and a copy |
| 12 | | thereof shall be filed with the Governor and the county clerk |
| 13 | | and the presiding officer of the county board of each county |
| 14 | | which is partially or wholly within the area of operation of |
| 15 | | the District. A copy of such report shall be addressed to and |
| 16 | | mailed to the Mayor and city council or president and board of |
| 17 | | trustees of each municipality within the area of the District. |
| 18 | | (b) For fiscal years beginning after December 31, 2027, |
| 19 | | notwithstanding any other provision of law to the contrary, |
| 20 | | the operations and fiscal activities of the Port District |
| 21 | | shall be subject to the Government Reporting Enhancement and |
| 22 | | Transparency Act. |
| 23 | | (Source: Laws 1955, p. 657.) |
| 24 | | Section 900-250. The Emergency Services Districts Act is |
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| 1 | | amended by adding Section 16 as follows: |
| 2 | | (70 ILCS 2005/16 new) |
| 3 | | Sec. 16. Government Reporting Enhancement and Transparency |
| 4 | | Act. |
| 5 | | (a) For fiscal years ending before January 1, 2028, |
| 6 | | notwithstanding any other provision of law to the contrary, |
| 7 | | the operations and fiscal activities of each emergency |
| 8 | | services district shall be subject to the Governmental Account |
| 9 | | Audit Act. |
| 10 | | (b) For fiscal years beginning after December 31, 2027, |
| 11 | | notwithstanding any other provision of law to the contrary, |
| 12 | | the operations and fiscal activities of each emergency |
| 13 | | services district shall be subject to the Government Reporting |
| 14 | | Enhancement and Transparency Act. |
| 15 | | Section 900-255. The River Conservancy Districts Act is |
| 16 | | amended by adding Section 24.5 as follows: |
| 17 | | (70 ILCS 2105/24.5 new) |
| 18 | | Sec. 24.5. Government Reporting Enhancement and |
| 19 | | Transparency Act. For fiscal years beginning after December |
| 20 | | 31, 2027, notwithstanding any other provision of law to the |
| 21 | | contrary, the operations and fiscal activities of any |
| 22 | | conservancy district organized under this Act created under |
| 23 | | this Act shall be subject to the Government Reporting |
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| 1 | | Enhancement and Transparency Act. |
| 2 | | Section 900-260. The Sanitary District Act of 1907 is |
| 3 | | amended 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, |
| 6 | | prior to the 15th day of each month for fiscal years ending |
| 7 | | before January 1, 2028, shall submit to the circuit court in |
| 8 | | which such district was organized a verified statement showing |
| 9 | | for the preceding month a listing of all persons employed by |
| 10 | | the district and the total amount of money paid to each person |
| 11 | | for services performed for the district during the preceding |
| 12 | | month, including salary, wages, commissions, expenses or other |
| 13 | | emolument. |
| 14 | | (Source: P.A. 77-1299.) |
| 15 | | (70 ILCS 2205/27) (from Ch. 42, par. 273) |
| 16 | | Sec. 27. Government Reporting Enhancement and Transparency |
| 17 | | Act. |
| 18 | | (a) Said board, its clerk and treasurer, shall submit to |
| 19 | | the circuit court of the county in which said district is |
| 20 | | organized, annually for fiscal years ending before January 1, |
| 21 | | 2028, between the first and tenth days of April, or oftener, if |
| 22 | | required by said court, verified reports, showing all moneys |
| 23 | | received and the manner in which the same may have been |
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| 1 | | expended. Three weeks' notice of the filing of such report |
| 2 | | shall be given by publication in like manner as provided in |
| 3 | | section 2 of this act, and any person interested may appear and |
| 4 | | object to the approval of the same, in whole or in part, and |
| 5 | | the court shall make such orders in reference thereto as shall |
| 6 | | be just. |
| 7 | | (b) For fiscal years ending before January 1, 2028, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of each sanitary district |
| 10 | | shall be subject to the Governmental Account Audit Act. |
| 11 | | (c) For fiscal years beginning after December 31, 2027, |
| 12 | | notwithstanding any other provision of law to the contrary, |
| 13 | | the operations and fiscal activities of each sanitary district |
| 14 | | shall be subject to the Government Reporting Enhancement and |
| 15 | | Transparency Act. |
| 16 | | (Source: Laws 1967, p. 3815.) |
| 17 | | Section 900-265. The North Shore Water Reclamation |
| 18 | | District Act is amended by changing Section 11 and by adding |
| 19 | | Section 5.1 as follows: |
| 20 | | (70 ILCS 2305/5.1 new) |
| 21 | | Sec. 5.1. Government Reporting Enhancement and |
| 22 | | Transparency Act. |
| 23 | | (a) For fiscal years ending before January 1, 2028, |
| 24 | | notwithstanding any other provision of law to the contrary, |
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| 1 | | the operations and fiscal activities of each district shall be |
| 2 | | subject to the Governmental Account Audit Act. |
| 3 | | (b) For fiscal years beginning after December 31, 2027, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of each district shall be |
| 6 | | subject to the Government Reporting Enhancement and |
| 7 | | Transparency Act. |
| 8 | | (70 ILCS 2305/11) (from Ch. 42, par. 287) |
| 9 | | Sec. 11. Except as otherwise provided in this Section, all |
| 10 | | contracts for purchases or sales by the municipality, the |
| 11 | | expense of which will exceed the mandatory competitive bid |
| 12 | | threshold, shall be let to the lowest responsible bidder |
| 13 | | therefor upon not less than 14 days' public notice of the terms |
| 14 | | and conditions upon which the contract is to be let, having |
| 15 | | been given by publication in a newspaper of general |
| 16 | | circulation published in the district, and the board may |
| 17 | | reject any and all bids and readvertise. In determining the |
| 18 | | lowest responsible bidder, the board shall take into |
| 19 | | consideration the qualities and serviceability of the articles |
| 20 | | supplied, their conformity with specifications, their |
| 21 | | suitability to the requirements of the district, the |
| 22 | | availability of support services, the uniqueness of the |
| 23 | | service, materials, equipment, or supplies as it applies to |
| 24 | | network integrated computer systems, the compatibility of the |
| 25 | | service, materials, equipment or supplies with existing |
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| 1 | | equipment, and the delivery terms. Contracts for services in |
| 2 | | excess of the mandatory competitive bid threshold may, subject |
| 3 | | to the provisions of this Section, be let by competitive |
| 4 | | bidding at the discretion of the district board of trustees. |
| 5 | | All contracts for purchases or sales that will not exceed the |
| 6 | | mandatory competitive bid threshold may be made in the open |
| 7 | | market without publication in a newspaper as above provided, |
| 8 | | but whenever practical shall be based on at least 3 |
| 9 | | competitive bids. For purposes of this Section, the "mandatory |
| 10 | | competitive bid threshold" is a dollar amount equal to 0.1% of |
| 11 | | the total general fixed assets of the district as reported in |
| 12 | | the most recent required audit report. In no event, however, |
| 13 | | shall the mandatory competitive bid threshold dollar amount be |
| 14 | | less than $10,000, nor more than $40,000. |
| 15 | | Cash, a cashier's check, a certified check, or a bid bond |
| 16 | | with adequate surety approved by the board of trustees as a |
| 17 | | deposit of good faith, in a reasonable amount, but not in |
| 18 | | excess of 10% of the contract amount, may be required of each |
| 19 | | bidder by the district on all bids involving amounts in excess |
| 20 | | of the mandatory competitive bid threshold and, if so |
| 21 | | required, the advertisement for bids shall so specify. |
| 22 | | Contracts which by their nature are not adapted to award |
| 23 | | by competitive bidding, including, without limitation, |
| 24 | | contracts for the services of individuals, groups or firms |
| 25 | | possessing a high degree of professional skill where the |
| 26 | | ability or fitness of the individual or organization plays an |
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| 1 | | important part, contracts for financial management services |
| 2 | | undertaken pursuant to "An Act relating to certain investments |
| 3 | | of public funds by public agencies", approved July 23, 1943, |
| 4 | | as now or hereafter amended, contracts for the purchase or |
| 5 | | sale of utilities, contracts for commodities including supply |
| 6 | | contracts for natural gas and electricity, contracts for |
| 7 | | materials economically procurable only from a single source of |
| 8 | | supply, contracts for services, supplies, materials, parts, or |
| 9 | | equipment which are available only from a single source or |
| 10 | | contracts for maintenance, repairs, OEM supplies, or OEM parts |
| 11 | | from the manufacturer or from a source authorized by the |
| 12 | | manufacturer, contracts for the use, purchase, delivery, |
| 13 | | movement, or installation of data processing equipment, |
| 14 | | software, or services and telecommunications and interconnect |
| 15 | | equipment, software, or services, contracts for duplicating |
| 16 | | machines and supplies, contracts for goods or services |
| 17 | | procured from another governmental agency, purchases of |
| 18 | | equipment previously owned by an entity other than the |
| 19 | | district itself, purchases of used equipment, purchases at |
| 20 | | auction or similar transactions which by their very nature are |
| 21 | | not suitable to competitive bids, and leases of real property |
| 22 | | where the sanitary district is the lessee shall not be subject |
| 23 | | to the competitive bidding requirements of this Section. |
| 24 | | The District may use a design-build procurement method for |
| 25 | | any public project which shall not be subject to the |
| 26 | | competitive bidding requirements of this Section provided the |
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| 1 | | Board of Trustees approves the contract for the public project |
| 2 | | by a vote of 4 of the 5 trustees. For the purposes of this |
| 3 | | Section, "design-build" means a delivery system that provides |
| 4 | | responsibility within a single contract for the furnishing of |
| 5 | | architecture, engineering, land surveying and related services |
| 6 | | as required, and the labor, materials, equipment, and other |
| 7 | | construction services for the project. |
| 8 | | In the case of an emergency affecting the public health or |
| 9 | | safety so declared by the Board of Trustees of the |
| 10 | | municipality at a meeting thereof duly convened, which |
| 11 | | declaration shall require the affirmative vote of four of the |
| 12 | | five Trustees, and shall set forth the nature of the danger to |
| 13 | | the public health or safety, contracts totaling not more than |
| 14 | | the emergency contract cap may be let to the extent necessary |
| 15 | | to resolve such emergency without public advertisement or |
| 16 | | competitive bidding. For purposes of this Section, the dollar |
| 17 | | amount of an emergency contract shall not be less than |
| 18 | | $40,000, nor more than $500,000. The Resolution or Ordinance |
| 19 | | in which such declaration is embodied shall fix the date upon |
| 20 | | which such emergency shall terminate which date may be |
| 21 | | extended or abridged by the Board of Trustees as in their |
| 22 | | judgment the circumstances require. A full written account of |
| 23 | | any such emergency, together with a requisition for the |
| 24 | | materials, supplies, labor or equipment required therefor |
| 25 | | shall be submitted immediately upon completion and shall be |
| 26 | | open to public inspection for a period of at least one year |
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| 1 | | subsequent to the date of such emergency purchase. |
| 2 | | To address operating emergencies not affecting the public |
| 3 | | health or safety, the Board of Trustees shall authorize, in |
| 4 | | writing, officials or employees of the sanitary district to |
| 5 | | purchase in the open market and without advertisement any |
| 6 | | supplies, materials, equipment, or services for immediate |
| 7 | | delivery to meet the bona fide operating emergency, without |
| 8 | | filing a requisition or estimate therefor, in an amount not in |
| 9 | | excess of $100,000; provided that the Board of Trustees must |
| 10 | | be notified of the operating emergency. A full, written |
| 11 | | account of each operating emergency and a requisition for the |
| 12 | | materials, supplies, equipment, and services required to meet |
| 13 | | the operating emergency must be immediately submitted by the |
| 14 | | officials or employees authorized to make purchases to the |
| 15 | | Board of Trustees. The account must be available for public |
| 16 | | inspection for a period of at least one year after the date of |
| 17 | | the operating emergency purchase. The exercise of authority |
| 18 | | with respect to purchases for a bona fide operating emergency |
| 19 | | is not dependent on a declaration of an operating emergency by |
| 20 | | the Board of Trustees. |
| 21 | | The competitive bidding requirements of this Section do |
| 22 | | not apply to contracts, including contracts for both materials |
| 23 | | and services incidental thereto, for the repair or replacement |
| 24 | | of a sanitary district's treatment plant, sewers, equipment, |
| 25 | | or facilities damaged or destroyed as the result of a sudden or |
| 26 | | unexpected occurrence, including, but not limited to, a flood, |
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| 1 | | fire, tornado, earthquake, storm, or other natural or man-made |
| 2 | | disaster, if the board of trustees determines in writing that |
| 3 | | the awarding of those contracts without competitive bidding is |
| 4 | | reasonably necessary for the sanitary district to maintain |
| 5 | | compliance with a permit issued under the National Pollution |
| 6 | | Discharge Elimination System (NPDES) or any successor system |
| 7 | | or with any outstanding order relating to that compliance |
| 8 | | issued by the United States Environmental Protection Agency, |
| 9 | | the Illinois Environmental Protection Agency, or the Illinois |
| 10 | | Pollution Control Board. The authority to issue contracts |
| 11 | | without competitive bidding pursuant to this paragraph expires |
| 12 | | 6 months after the date of the writing determining that the |
| 13 | | awarding of contracts without competitive bidding is |
| 14 | | reasonably necessary. |
| 15 | | No Trustee shall be interested, directly or indirectly, in |
| 16 | | any contract, work or business of the municipality, or in the |
| 17 | | sale of any article, whenever the expense, price or |
| 18 | | consideration of the contract work, business or sale is paid |
| 19 | | either from the treasury or by any assessment levied by any |
| 20 | | Statute or Ordinance. No Trustee shall be interested, directly |
| 21 | | or indirectly, in the purchase of any property which (1) |
| 22 | | belongs to the municipality, or (2) is sold for taxes or |
| 23 | | assessments of the municipality, or (3) is sold by virtue of |
| 24 | | legal process in the suit of the municipality. |
| 25 | | A contract for any work or other public improvement, to be |
| 26 | | paid for in whole or in part by special assessment or special |
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| 1 | | taxation, shall be entered into and the performance thereof |
| 2 | | controlled by the provisions of Division 2 of Article 9 of the |
| 3 | | "Illinois Municipal Code", approved May 29, 1961, as |
| 4 | | heretofore or hereafter amended, as near as may be. However, |
| 5 | | contracts may be let for making proper and suitable |
| 6 | | connections between the mains and outlets of the respective |
| 7 | | sanitary sewers in the district with any conduit, conduits, |
| 8 | | main pipe or pipes that may be constructed by such sanitary |
| 9 | | district. |
| 10 | | (Source: P.A. 101-575, eff. 8-23-19.) |
| 11 | | Section 900-270. The Sanitary District Act of 1917 is |
| 12 | | amended by changing Sections 11 and 16.12 and by adding |
| 13 | | Section 32 as follows: |
| 14 | | (70 ILCS 2405/11) (from Ch. 42, par. 310) |
| 15 | | Sec. 11. Except as otherwise hereinafter provided, all |
| 16 | | contracts for purchases or sales by a sanitary district |
| 17 | | organized under this Act, the expense of which will exceed the |
| 18 | | mandatory competitive bid threshold, shall be let to the |
| 19 | | lowest responsible bidder therefor upon not less than 14 days' |
| 20 | | public notice of the terms and conditions upon which the |
| 21 | | contract is to be let, having been given by publication in a |
| 22 | | newspaper of general circulation published in the district, |
| 23 | | and the board may reject any and all bids, and readvertise. In |
| 24 | | determining the lowest responsible bidder, the board shall |
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| 1 | | take into consideration the qualities and serviceability of |
| 2 | | the articles supplied, their conformity with specifications, |
| 3 | | their suitability to the requirements of the district, the |
| 4 | | availability of support services, the uniqueness of the |
| 5 | | service, materials, equipment, or supplies as it applies to |
| 6 | | network integrated computer systems, the compatibility of the |
| 7 | | service, materials, equipment or supplies with existing |
| 8 | | equipment, and the delivery terms. Contracts for services in |
| 9 | | excess of the mandatory competitive bid threshold may, subject |
| 10 | | to the provisions of this Section, be let by competitive |
| 11 | | bidding at the discretion of the district board of trustees. |
| 12 | | Cash, a cashier's check, a certified check, or a bid bond |
| 13 | | with adequate surety approved by the board of trustees as a |
| 14 | | deposit of good faith, in a reasonable amount, but not in |
| 15 | | excess of 10% of the contract amount, may be required of each |
| 16 | | bidder by the district on all bids involving amounts in excess |
| 17 | | of the mandatory competitive bid threshold and, if so |
| 18 | | required, the advertisement for bids shall so specify. |
| 19 | | All contracts for purchases or sales that will not exceed |
| 20 | | the mandatory competitive bid threshold may be made in the |
| 21 | | open market without publication in a newspaper as above |
| 22 | | provided, but whenever practical shall be based on at least 3 |
| 23 | | competitive bids. For purposes of this Section, the "mandatory |
| 24 | | competitive bid threshold" is a dollar amount equal to 0.1% of |
| 25 | | the total general capital fixed assets of the district as |
| 26 | | reported in the most recent required audit report. In no |
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| 1 | | event, however, shall the mandatory competitive bid threshold |
| 2 | | dollar amount be less than $10,000, nor more than $40,000. |
| 3 | | If a unit of local government performs non-emergency |
| 4 | | construction, alteration, repair, improvement, or maintenance |
| 5 | | work on the public way, the sanitary district may enter into an |
| 6 | | intergovernmental agreement with the unit of local government |
| 7 | | allowing similar construction work to be performed by the |
| 8 | | sanitary district on the same project, in an amount no greater |
| 9 | | than $100,000, to save taxpayer funds and eliminate |
| 10 | | duplication of government effort. The sanitary district and |
| 11 | | the other unit of local government shall, before work is |
| 12 | | performed by either unit of local government on a project, |
| 13 | | adopt a resolution by a majority vote of both governing bodies |
| 14 | | certifying work will occur at a specific location, the reasons |
| 15 | | why both units of local government require work to be |
| 16 | | performed in the same location, and the projected cost savings |
| 17 | | if work is performed by both units of local government on the |
| 18 | | same project. Officials or employees of the sanitary district |
| 19 | | may, if authorized by resolution, purchase in the open market |
| 20 | | any supplies, materials, equipment, or services for use within |
| 21 | | the project in an amount no greater than $100,000 without |
| 22 | | advertisement or without filing a requisition or estimate. A |
| 23 | | full written account of each project performed by the sanitary |
| 24 | | district and a requisition for the materials, supplies, |
| 25 | | equipment, and services used by the sanitary district required |
| 26 | | to complete the project must be submitted by the officials or |
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| 1 | | employees authorized to make purchases to the board of |
| 2 | | trustees of the sanitary district no later than 30 days after |
| 3 | | purchase. The full written account must be available for |
| 4 | | public inspection for at least one year after expenditures are |
| 5 | | made. |
| 6 | | Contracts which by their nature are not adapted to award |
| 7 | | by competitive bidding, including, without limitation, |
| 8 | | contracts for the services of individuals, groups or firms |
| 9 | | possessing a high degree of professional skill where the |
| 10 | | ability or fitness of the individual or organization plays an |
| 11 | | important part, contracts for financial management services |
| 12 | | undertaken pursuant to "An Act relating to certain investments |
| 13 | | of public funds by public agencies", approved July 23, 1943, |
| 14 | | as now or hereafter amended, contracts for the purchase or |
| 15 | | sale of utilities, contracts for materials economically |
| 16 | | procurable only from a single source of supply, contracts for |
| 17 | | the use, purchase, delivery, movement, or installation of data |
| 18 | | processing equipment, software, or services and |
| 19 | | telecommunications and interconnect equipment, software, or |
| 20 | | services, contracts for duplicating machines and supplies, |
| 21 | | contracts for goods or services procured from another |
| 22 | | governmental agency, purchases of equipment previously owned |
| 23 | | by an entity other than the district itself, and leases of real |
| 24 | | property where the sanitary district is the lessee shall not |
| 25 | | be subject to the competitive bidding requirements of this |
| 26 | | Section. |
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| 1 | | The competitive bidding requirements of this Section do |
| 2 | | not apply to contracts for construction of a facility or |
| 3 | | structure for the sanitary district when the facility or |
| 4 | | structure will be designed, built, and tested before being |
| 5 | | conveyed to the sanitary district. |
| 6 | | The competitive bidding requirements of this Section do |
| 7 | | not apply to contracts, including contracts for both materials |
| 8 | | and services incidental thereto, for the repair or replacement |
| 9 | | of a sanitary district's treatment plant, sewers, equipment, |
| 10 | | or facilities damaged or destroyed as the result of a sudden or |
| 11 | | unexpected occurrence, including, but not limited to, a flood, |
| 12 | | fire, tornado, earthquake, storm, or other natural or man-made |
| 13 | | disaster, if the board of trustees determines in writing that |
| 14 | | the awarding of those contracts without competitive bidding is |
| 15 | | reasonably necessary for the sanitary district to maintain |
| 16 | | compliance with a permit issued under the National Pollution |
| 17 | | Discharge Elimination System (NPDES) or any successor system |
| 18 | | or with any outstanding order relating to that compliance |
| 19 | | issued by the United States Environmental Protection Agency, |
| 20 | | the Illinois Environmental Protection Agency, or the Illinois |
| 21 | | Pollution Control Board. The authority to issue contracts |
| 22 | | without competitive bidding pursuant to this paragraph expires |
| 23 | | 6 months after the date of the writing determining that the |
| 24 | | awarding of contracts without competitive bidding is |
| 25 | | reasonably necessary. |
| 26 | | Where the board of trustees declares, by a 2/3 vote of all |
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| 1 | | members of the board, that there exists an emergency affecting |
| 2 | | the public health or safety, contracts totaling not more than |
| 3 | | the emergency contract cap may be let to the extent necessary |
| 4 | | to resolve such emergency without public advertisement or |
| 5 | | competitive bidding. For purposes of this Section, the |
| 6 | | "emergency contract cap" is a dollar amount equal to 0.4% of |
| 7 | | the total general capital fixed assets of the district as |
| 8 | | reported in the most recent required audit report. In no |
| 9 | | event, however, shall the emergency contract cap dollar amount |
| 10 | | be less than $40,000, nor more than $100,000. The ordinance or |
| 11 | | resolution embodying the emergency declaration shall contain |
| 12 | | the date upon which such emergency will terminate. The board |
| 13 | | of trustees may extend the termination date if in its judgment |
| 14 | | the circumstances so require. A full written account of the |
| 15 | | emergency, together with a requisition for the materials, |
| 16 | | supplies, labor or equipment required therefor shall be |
| 17 | | submitted immediately upon completion and shall be open to |
| 18 | | public inspection for a period of at least one year subsequent |
| 19 | | to the date of such emergency purchase. Within 30 days after |
| 20 | | the passage of the resolution or ordinance declaring an |
| 21 | | emergency affecting the public health or safety, the District |
| 22 | | shall submit to the Illinois Environmental Protection Agency |
| 23 | | the full written account of any such emergency along with a |
| 24 | | copy of the resolution or ordinance declaring the emergency, |
| 25 | | in 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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| 1 | | paid for in whole or in part by special assessment or special |
| 2 | | taxation, shall be entered into and the performance thereof |
| 3 | | controlled by Division 2 of Article 9 of the "Illinois |
| 4 | | Municipal Code", approved May 29, 1961, as heretofore and |
| 5 | | hereafter amended, as near as may be. The contracts may be let |
| 6 | | for making proper and suitable connections between the mains |
| 7 | | and outlets of the respective sewers in the district with any |
| 8 | | conduit, conduits, main pipe or pipes that may be constructed |
| 9 | | by 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 |
| 13 | | Act of a waterworks shall install and maintain a proper system |
| 14 | | of accounts, showing the amount of revenue received and its |
| 15 | | application. For fiscal years ending before January 1, 2028, |
| 16 | | at At least once a year the district shall have the accounts |
| 17 | | properly audited by a competent auditor. The report of that |
| 18 | | audit shall be open for inspection at all proper times to any |
| 19 | | taxpayer, user, or any holder of bonds issued under this Act, |
| 20 | | or to anyone acting for and on behalf of the taxpayer, user, or |
| 21 | | bondholder. The treasurer of the district shall be custodian |
| 22 | | and ex-officio collector of the funds derived from income |
| 23 | | received from a waterworks purchased or constructed under the |
| 24 | | provisions of this Act. He shall give proper bond for the |
| 25 | | faithful discharge of his duties as such custodian, and this |
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| 1 | | bond shall be fixed and approved by the trustees. |
| 2 | | All of the funds received as income from a waterworks |
| 3 | | purchased or constructed in whole or in part under the |
| 4 | | provisions of this Act, and all of the funds received from the |
| 5 | | sale of revenue bonds shall be kept separate and apart from the |
| 6 | | other funds of the district. |
| 7 | | (Source: Laws 1967, p. 950.) |
| 8 | | (70 ILCS 2405/32 new) |
| 9 | | Sec. 32. Government Reporting Enhancement and Transparency |
| 10 | | Act. |
| 11 | | (a) For fiscal years ending before January 1, 2028, |
| 12 | | notwithstanding any other provision of law to the contrary, |
| 13 | | the operations and fiscal activities of each sanitary district |
| 14 | | shall be subject to the Governmental Account Audit Act. |
| 15 | | (b) For fiscal years beginning after December 31, 2027, |
| 16 | | notwithstanding any other provision of law to the contrary, |
| 17 | | the operations and fiscal activities of each sanitary district |
| 18 | | shall be subject to the Government Reporting Enhancement and |
| 19 | | Transparency Act. |
| 20 | | Section 900-275. The Metropolitan Water Reclamation |
| 21 | | District Act is amended by changing Sections 5.12, 5.13, and |
| 22 | | 11.3 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 |
| 2 | | before January 1, 2028, each Each district shall cause an |
| 3 | | independent audit to be made annually for the period beginning |
| 4 | | January 1, and ending December 31. Such audit shall be made by |
| 5 | | a Certified Public Accountant licensed to practice in the |
| 6 | | State of Illinois, who shall examine and audit the accounts of |
| 7 | | the district. A report thereof, together with any |
| 8 | | recommendations as to changes in accounting procedure shall be |
| 9 | | made to the board of trustees and shall be printed in the |
| 10 | | official proceedings of the district. At least 3 copies of |
| 11 | | such audit shall be made conveniently available for public |
| 12 | | inspection at the office of the district and a copy of such |
| 13 | | audit shall be made available to any person requesting a copy |
| 14 | | thereof upon the payment of a reasonable charge. Copies of |
| 15 | | such audit shall be furnished to such departments or agencies |
| 16 | | of the State of Illinois as may be required by law and such |
| 17 | | audit shall comply with such State laws as may regulate the |
| 18 | | making of governmental audits. The reasonable expense of the |
| 19 | | audit required to be made hereunder shall be paid by each such |
| 20 | | sanitary district. |
| 21 | | An annual audit of the Metropolitan Water Reclamation |
| 22 | | District of Greater Chicago conducted in accordance with |
| 23 | | Section 5.12a serves as that district's annual audit required |
| 24 | | by 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, |
| 3 | | the The clerk shall prepare on or before the first (1st) day of |
| 4 | | July of each year after the year 1943, an annual financial |
| 5 | | report which shall contain financial information required by |
| 6 | | generally accepted accounting principles (GAAP) for |
| 7 | | governments as promulgated and established by the Governmental |
| 8 | | Accounting Standards Board (GASB). |
| 9 | | Copies of the annual financial report shall be made |
| 10 | | conveniently available in the office of the Sanitary District |
| 11 | | to the public and shall be issued to any person upon payment of |
| 12 | | a reasonable amount therefor. Nothing in this section shall be |
| 13 | | construed to mean that the annual financial report may not be |
| 14 | | combined with the annual audit report and the two published |
| 15 | | simultaneously 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, |
| 19 | | all purchase orders or contracts involving amounts in excess |
| 20 | | of the mandatory competitive bid threshold and made by or on |
| 21 | | behalf of the sanitary district for labor, services or work, |
| 22 | | the purchase, lease or sale of personal property, materials, |
| 23 | | equipment or supplies, or the granting of any concession, |
| 24 | | shall be let by free and open competitive bidding after |
| 25 | | advertisement, to the lowest responsible bidder or to the |
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| 1 | | highest responsible bidder, as the case may be, depending upon |
| 2 | | whether the sanitary district is to expend or receive money. |
| 3 | | All such purchase orders or contracts which shall involve |
| 4 | | amounts that will not exceed the mandatory competitive bid |
| 5 | | threshold, shall also be let in the manner prescribed above |
| 6 | | whenever practicable, except that after solicitation of bids, |
| 7 | | such purchase orders or contracts may be let in the open |
| 8 | | market, in a manner calculated to insure the best interests of |
| 9 | | the public. The provisions of this section are subject to any |
| 10 | | contrary provisions contained in "An Act concerning the use of |
| 11 | | Illinois mined coal in certain plants and institutions", filed |
| 12 | | July 13, 1937, as heretofore and hereafter amended. For |
| 13 | | purposes of this Section, the "mandatory competitive bid |
| 14 | | threshold" is a dollar amount equal to 0.1% of the total |
| 15 | | general capital fixed assets of the district as reported in |
| 16 | | the most recent required audit report. In no event, however, |
| 17 | | shall the mandatory competitive bid threshold dollar amount be |
| 18 | | less than $60,000. |
| 19 | | If a unit of local government performs non-emergency |
| 20 | | construction, alteration, repair, improvement, or maintenance |
| 21 | | work on the public way, the sanitary district may enter into an |
| 22 | | intergovernmental agreement with the unit of local government |
| 23 | | allowing similar construction work to be performed by the |
| 24 | | sanitary district on the same project, in an amount no greater |
| 25 | | than $100,000, to save taxpayer funds and eliminate |
| 26 | | duplication of government effort. The sanitary district and |
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| 1 | | the other unit of local government shall, before work is |
| 2 | | performed by either unit of local government on a project, |
| 3 | | adopt a resolution by a majority vote of both governing bodies |
| 4 | | certifying work will occur at a specific location, the reasons |
| 5 | | why both units of local government require work to be |
| 6 | | performed in the same location, and the projected cost savings |
| 7 | | if work is performed by both units of local government on the |
| 8 | | same project. Officials or employees of the sanitary district |
| 9 | | may, if authorized by resolution, purchase in the open market |
| 10 | | any supplies, materials, equipment, or services for use within |
| 11 | | the project in an amount no greater than $100,000 without |
| 12 | | advertisement or without filing a requisition or estimate. A |
| 13 | | full written account of each project performed by the sanitary |
| 14 | | district and a requisition for the materials, supplies, |
| 15 | | equipment, and services used by the sanitary district required |
| 16 | | to complete the project must be submitted by the officials or |
| 17 | | employees authorized to make purchases to the board of |
| 18 | | trustees of the sanitary district no later than 30 days after |
| 19 | | purchase. The full written account must be available for |
| 20 | | public inspection for at least one year after expenditures are |
| 21 | | made. |
| 22 | | Notwithstanding the provisions of this Section, the |
| 23 | | sanitary district is expressly authorized to establish such |
| 24 | | procedures as it deems appropriate to comply with state or |
| 25 | | federal regulations as to affirmative action and the |
| 26 | | utilization of small and minority businesses in construction |
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| 1 | | and procurement contracts. |
| 2 | | (Source: P.A. 103-865, eff. 1-1-25.) |
| 3 | | Section 900-280. The Sanitary District Act of 1936 is |
| 4 | | amended by changing Sections 14, 26m, and 32n and by adding |
| 5 | | Section 94 as follows: |
| 6 | | (70 ILCS 2805/14) (from Ch. 42, par. 425) |
| 7 | | Sec. 14. Except as otherwise provided in this Section, all |
| 8 | | contracts for purchases or sales by the sanitary district, the |
| 9 | | expense of which will exceed the mandatory competitive bid |
| 10 | | threshold, shall be let to the lowest responsible bidder |
| 11 | | therefor upon not less than 14 days' public notice of the terms |
| 12 | | and conditions upon which the contract is to be let, having |
| 13 | | been given by publication in a daily or weekly newspaper |
| 14 | | published in the district or, if there is no newspaper |
| 15 | | published in the district, in a newspaper published in the |
| 16 | | county and having general circulation in the district, and the |
| 17 | | board may reject any and all bids, and readvertise. Contracts |
| 18 | | for services in excess of the mandatory competitive bid |
| 19 | | threshold may, subject to the provisions of this Section, be |
| 20 | | let by competitive bidding at the discretion of the district |
| 21 | | board of trustees. All contracts for purchases or sales that |
| 22 | | will not exceed the mandatory competitive bid threshold may be |
| 23 | | made in the open market without publication in a newspaper as |
| 24 | | above provided, but whenever practical shall be based on at |
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| 1 | | least 3 competitive bids. For purposes of this Section, the |
| 2 | | "mandatory competitive bid threshold" is a dollar amount equal |
| 3 | | to 0.1% of the total general capital fixed assets of the |
| 4 | | district as reported in the most recent required audit report. |
| 5 | | In no event, however, shall the mandatory competitive bid |
| 6 | | threshold dollar amount be less than $10,000, nor more than |
| 7 | | $40,000. |
| 8 | | If a unit of local government performs non-emergency |
| 9 | | construction, alteration, repair, improvement, or maintenance |
| 10 | | work on the public way, the sanitary district may enter into an |
| 11 | | intergovernmental agreement with the unit of local government |
| 12 | | allowing similar construction work to be performed by the |
| 13 | | sanitary district on the same project, in an amount no greater |
| 14 | | than $100,000, to save taxpayer funds and eliminate |
| 15 | | duplication of government effort. The sanitary district and |
| 16 | | the other unit of local government shall, before work is |
| 17 | | performed by either unit of local government on a project, |
| 18 | | adopt a resolution by a majority vote of both governing bodies |
| 19 | | certifying work will occur at a specific location, the reasons |
| 20 | | why both units of local government require work to be |
| 21 | | performed in the same location, and the projected cost savings |
| 22 | | if work is performed by both units of local government on the |
| 23 | | same project. Officials or employees of the sanitary district |
| 24 | | may, if authorized by resolution, purchase in the open market |
| 25 | | any supplies, materials, equipment, or services for use within |
| 26 | | the project in an amount no greater than $100,000 without |
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| 1 | | advertisement or without filing a requisition or estimate. A |
| 2 | | full written account of each project performed by the sanitary |
| 3 | | district and a requisition for the materials, supplies, |
| 4 | | equipment, and services used by the sanitary district required |
| 5 | | to complete the project must be submitted by the officials or |
| 6 | | employees authorized to make purchases to the board of |
| 7 | | trustees of the sanitary district no later than 30 days after |
| 8 | | purchase. The full written account must be available for |
| 9 | | public inspection for at least one year after expenditures are |
| 10 | | made. |
| 11 | | Cash, a cashier's check, a certified check, or a bid bond |
| 12 | | with adequate surety approved by the board of trustees as a |
| 13 | | deposit of good faith, in a reasonable amount, but not in |
| 14 | | excess of 10% of the contract amount, may be required of each |
| 15 | | bidder by the district on all bids involving amounts in excess |
| 16 | | of the mandatory competitive bid threshold and, if so |
| 17 | | required, the advertisement for bids shall so specify. |
| 18 | | Contracts which by their nature are not adapted to award |
| 19 | | by competitive bidding, including, without limitation, |
| 20 | | contracts for the services of individuals, groups or firms |
| 21 | | possessing a high degree of professional skill where the |
| 22 | | ability or fitness of the individual or organization plays an |
| 23 | | important part, contracts for financial management services |
| 24 | | undertaken pursuant to the Public Funds Investment Act, |
| 25 | | contracts for the purchase or sale of utilities, contracts for |
| 26 | | materials economically procurable only from a single source of |
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| 1 | | supply and leases of real property where the sanitary district |
| 2 | | is the lessee shall not be subject to the competitive bidding |
| 3 | | requirements of this Section. |
| 4 | | Where the board of trustees declares, by a 2/3 vote of all |
| 5 | | members of the board, that there exists an emergency affecting |
| 6 | | the public health or safety, contracts totaling not more than |
| 7 | | the emergency contract cap may be let to the extent necessary |
| 8 | | to resolve such emergency without public advertisement or |
| 9 | | competitive bidding. For purposes of this Section, the |
| 10 | | "emergency contract cap" is a dollar amount equal to 0.4% of |
| 11 | | the total general capital fixed assets of the district as |
| 12 | | reported in the most recent required audit report. In no |
| 13 | | event, however, shall the emergency contract cap dollar amount |
| 14 | | be less than $40,000, nor more than $100,000. The ordinance or |
| 15 | | resolution embodying the emergency declaration shall contain |
| 16 | | the date upon which such emergency will terminate. The board |
| 17 | | of trustees may extend the termination date if in its judgment |
| 18 | | the circumstances so require. A full written account of the |
| 19 | | emergency, together with a requisition for the materials, |
| 20 | | supplies, labor or equipment required therefor shall be |
| 21 | | submitted immediately upon completion and shall be open to |
| 22 | | public inspection for a period of at least one year subsequent |
| 23 | | to the date of such emergency purchase. Within 30 days after |
| 24 | | the passage of the resolution or ordinance declaring an |
| 25 | | emergency affecting the public health or safety, the District |
| 26 | | shall submit to the Illinois Environmental Protection Agency |
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| 1 | | the full written account of any such emergency along with a |
| 2 | | copy of the resolution or ordinance declaring the emergency, |
| 3 | | in 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 |
| 7 | | Act for a drainage system shall install and maintain a proper |
| 8 | | system of accounts, showing the amount of revenue received and |
| 9 | | its application. For fiscal years ending before January 1, |
| 10 | | 2028, at At least once a year the district shall have the |
| 11 | | accounts properly audited by a competent auditor. The report |
| 12 | | of that audit shall be open for inspection at all proper times |
| 13 | | to any taxpayer, user, or any holder of bonds issued under this |
| 14 | | Act, or to anyone acting for and on behalf of the taxpayer, |
| 15 | | user, or bondholder. The treasurer of the district shall be |
| 16 | | custodian and ex-officio collector of the funds derived from |
| 17 | | income received from a drainage system purchased or |
| 18 | | constructed under the provisions of this Act. He shall give |
| 19 | | proper bond for the faithful discharge of his duties as such |
| 20 | | custodian, and this bond shall be fixed and approved by the |
| 21 | | trustees. |
| 22 | | All of the funds received as income from a drainage system |
| 23 | | purchased or constructed in whole or in part under the |
| 24 | | provisions of this Act, and all of the funds received from the |
| 25 | | sale of revenue bonds shall be kept separate and apart from the |
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| 1 | | other 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 |
| 5 | | Act shall install and maintain a proper system of accounts, |
| 6 | | showing the amount of revenue received and its application. |
| 7 | | For fiscal years ending before January 1, 2028, at At least |
| 8 | | once a year the district shall have the accounts properly |
| 9 | | audited by a competent auditor. The report of that audit shall |
| 10 | | be open for inspection at all proper times to any taxpayer, |
| 11 | | water-user, or any holder of bonds issued under this Article, |
| 12 | | or to anyone acting for and on behalf of the taxpayer, |
| 13 | | water-user, or bondholder. The treasurer of the district shall |
| 14 | | be custodian and ex-officio collector of the funds derived |
| 15 | | from income received from waterworks purchased or constructed |
| 16 | | under the provisions of this Act. He shall give proper bond for |
| 17 | | the faithful discharge of his duties as such custodian, and |
| 18 | | this bond shall be fixed and approved by the trustees. |
| 19 | | All of the funds received as income from waterworks |
| 20 | | purchased or constructed in whole or in part under the |
| 21 | | provisions of this Act, and all of the funds received from the |
| 22 | | sale of revenue bonds shall be kept separate and apart from the |
| 23 | | other 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 |
| 3 | | Act. |
| 4 | | (a) For fiscal years ending before January 1, 2028, |
| 5 | | notwithstanding any other provision of law to the contrary, |
| 6 | | the operations and fiscal activities of each sanitary district |
| 7 | | shall be subject to the Governmental Account Audit Act. |
| 8 | | (b) For fiscal years beginning after December 31, 2027, |
| 9 | | notwithstanding any other provision of law to the contrary, |
| 10 | | the operations and fiscal activities of each sanitary district |
| 11 | | shall be subject to the Government Reporting Enhancement and |
| 12 | | Transparency Act. |
| 13 | | Section 900-285. The Metro-East Sanitary District Act of |
| 14 | | 1974 is amended by changing Section 4-2 and by adding Section |
| 15 | | 5-6 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 |
| 18 | | executive and administrative officer of the district and shall |
| 19 | | be responsible to the board for the proper administration of |
| 20 | | all affairs of the district, including but not limited to, the |
| 21 | | board's compliance with subsection (b) of Section 3-3, and to |
| 22 | | that end he shall: |
| 23 | | (1) Appoint and, when necessary for the good of the |
| 24 | | service, remove all officers and employees of the district, |
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| 1 | | except as otherwise provided in this Act, and except as he may |
| 2 | | authorize the head of a department or office to appoint |
| 3 | | subordinates in such department or office. |
| 4 | | (2) Prepare the budget annually and submit it to the Board |
| 5 | | and be responsible for its administration after adoption. |
| 6 | | (3) Prepare and submit to the board and the Department of |
| 7 | | Natural Resources, as of the end of the fiscal year, a complete |
| 8 | | report of the finances and administrative activities of the |
| 9 | | district and all subdistricts for the year, and submit any |
| 10 | | interim reports that the Department of Natural Resources |
| 11 | | requests. For fiscal years ending before January 1, 2028, the |
| 12 | | report to the board and the Department of Natural Resources |
| 13 | | shall include a complete report of the finances of the |
| 14 | | district and all subdistricts for the year. |
| 15 | | (4) Keep the board advised of the financial condition of |
| 16 | | the district and all subdistricts and make recommendations |
| 17 | | concerning their future needs. |
| 18 | | (5) Attend all meetings of the board and, in so far as |
| 19 | | possible, its committees. |
| 20 | | (6) Enforce all district ordinances and see that all |
| 21 | | contracts are faithfully performed. |
| 22 | | (7) Advise, assist, and cooperate in fostering the |
| 23 | | interest of institutions of learning and civic, professional, |
| 24 | | and employee organizations in the improvement of personnel |
| 25 | | standards and conditions in the district. |
| 26 | | (8) Perform such other duties as may be prescribed by this |
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| 1 | | Act or required of him by the board, not inconsistent with this |
| 2 | | Act. |
| 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 |
| 6 | | Transparency Act. |
| 7 | | (a) For fiscal years ending before January 1, 2028, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of a sanitary district |
| 10 | | organized under this Act shall be subject to the Governmental |
| 11 | | Account Audit Act. |
| 12 | | (b) For fiscal years beginning after December 31, 2027, |
| 13 | | notwithstanding any other provision of law to the contrary, |
| 14 | | the operations and fiscal activities of a sanitary district |
| 15 | | organized under this Act shall be subject to the Government |
| 16 | | Reporting Enhancement and Transparency Act. |
| 17 | | Section 900-290. The Sanitary District Revenue Bond Act is |
| 18 | | amended by changing Section 8 and by adding Section 23 as |
| 19 | | follows: |
| 20 | | (70 ILCS 3010/8) (from Ch. 42, par. 319.8) |
| 21 | | Sec. 8. Every sanitary district which issues bonds under |
| 22 | | this Act shall install and maintain a proper system of |
| 23 | | accounts showing the amount of revenue received from the |
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| 1 | | sewerage system and the application of that revenue. For |
| 2 | | fiscal years ending before January 1, 2028, at At least once |
| 3 | | each year the sanitary district shall have the accounts |
| 4 | | properly audited. A report of that audit shall be open for |
| 5 | | inspection at all proper times to any taxpayer, sewerage |
| 6 | | system user, or the holder of any bond issued under this Act, |
| 7 | | or 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 |
| 11 | | Act. |
| 12 | | (a) For fiscal years ending before January 1, 2028, |
| 13 | | notwithstanding any other provision of law to the contrary, |
| 14 | | the operations and fiscal activities of each sanitary district |
| 15 | | shall be subject to the Governmental Account Audit Act. |
| 16 | | (b) For fiscal years beginning after December 31, 2027, |
| 17 | | notwithstanding any other provision of law to the contrary, |
| 18 | | the operations and fiscal activities of each sanitary district |
| 19 | | shall be subject to the Government Reporting Enhancement and |
| 20 | | Transparency Act. |
| 21 | | Section 900-293. The Eastern Will Sanitary District Act is |
| 22 | | amended by adding Section 25 as follows: |
| 23 | | (70 ILCS 3020/25 new) |
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| 1 | | Sec. 25. Government Reporting Enhancement and Transparency |
| 2 | | Act. |
| 3 | | (a) For fiscal years ending before January 1, 2028, |
| 4 | | notwithstanding any other provision of law to the contrary, |
| 5 | | the operations and fiscal activities of each sanitary district |
| 6 | | shall be subject to the Governmental Account Audit Act. |
| 7 | | (b) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of each sanitary district |
| 10 | | shall be subject to the Government Reporting Enhancement and |
| 11 | | Transparency Act. |
| 12 | | Section 900-295. The Solid Waste Disposal District Act is |
| 13 | | amended by changing Section 10 and by adding Sections 26 and 30 |
| 14 | | as follows: |
| 15 | | (70 ILCS 3105/10) (from Ch. 85, par. 1660) |
| 16 | | Sec. 10. Within 60 days after their selection, the |
| 17 | | trustees shall organize by selecting from their members a |
| 18 | | president, secretary, treasurer and such other officers as are |
| 19 | | deemed necessary, who shall hold office for the fiscal year in |
| 20 | | which elected and until their successors are selected and |
| 21 | | qualify. Three trustees shall constitute a quorum of the board |
| 22 | | for the transaction of business. The board shall hold regular |
| 23 | | monthly meetings. Special meetings may be called by the |
| 24 | | president and shall be called on the request of a majority of |
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| 1 | | members as may be required. |
| 2 | | The board shall provide for the proper and safe keeping of |
| 3 | | its permanent records and for the recording of the corporate |
| 4 | | action of the district. It shall keep a proper system of |
| 5 | | accounts showing a true and accurate record of its receipts |
| 6 | | and disbursements and it shall cause an annual audit to be made |
| 7 | | of its books, records and accounts for fiscal years ending |
| 8 | | before January 1, 2028. |
| 9 | | The records of the district shall be subject to public |
| 10 | | inspection at all reasonable hours and under such regulations |
| 11 | | as the board may prescribe. |
| 12 | | The district shall annually make a full and complete |
| 13 | | report to the county board of each county within the district |
| 14 | | or, if the boundaries of the district are not coextensive with |
| 15 | | a county or counties, to the board of township trustees of each |
| 16 | | township within the district and to the Environmental |
| 17 | | Protection Agency of its transactions and operations for the |
| 18 | | preceding year. Such report shall contain a full statement of |
| 19 | | its receipts, disbursements and the program of work for the |
| 20 | | period covered, and may include such recommendations as may be |
| 21 | | deemed advisable. |
| 22 | | Executive or ministerial duties may be delegated to one or |
| 23 | | more trustees or to an authorized officer, employee, agent, |
| 24 | | attorney or other representative of the district. |
| 25 | | All officers and employees authorized to receive or retain |
| 26 | | the custody of money or to sign vouchers, checks, warrants or |
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| 1 | | evidences of indebtedness binding upon the district shall |
| 2 | | furnish surety bond for the faithful performance of their |
| 3 | | duties and the faithful accounting for all moneys that may |
| 4 | | come into their hands in an amount to be fixed and in a form to |
| 5 | | be approved by the board. |
| 6 | | All contracts for supplies, material or work involving an |
| 7 | | expenditure in excess of $1,500 shall be let to the lowest |
| 8 | | responsible bidder, after due advertisement except work |
| 9 | | requiring personal confidence or necessary supplies under the |
| 10 | | control of monopolies, where competitive bidding is |
| 11 | | impossible. All contracts for supplies, material or work shall |
| 12 | | be signed by the president of the board and by any such other |
| 13 | | office 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 |
| 17 | | Act. |
| 18 | | (a) For fiscal years ending before January 1, 2028, |
| 19 | | notwithstanding any other provision of law to the contrary, |
| 20 | | the operations and fiscal activities of each district shall be |
| 21 | | subject to the Governmental Account Audit Act. |
| 22 | | (b) For fiscal years beginning after December 31, 2027, |
| 23 | | notwithstanding any other provision of law to the contrary, |
| 24 | | the operations and fiscal activities of each district shall be |
| 25 | | subject to the Government Reporting Enhancement and |
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| 1 | | Transparency Act. |
| 2 | | (70 ILCS 3105/30 new) |
| 3 | | Sec. 30. Government Reporting Enhancement and Transparency |
| 4 | | Act. |
| 5 | | (a) For fiscal years ending before January 1, 2028, |
| 6 | | notwithstanding any other provision of law to the contrary, |
| 7 | | the operations and fiscal activities of each district shall be |
| 8 | | subject to the Governmental Account Audit Act. |
| 9 | | (b) For fiscal years beginning after December 31, 2027, |
| 10 | | notwithstanding any other provision of law to the contrary, |
| 11 | | the operations and fiscal activities of each district shall be |
| 12 | | subject to the Government Reporting Enhancement and |
| 13 | | Transparency Act. |
| 14 | | Section 900-300. The Street Light District Act is amended |
| 15 | | by adding Section 5.2 as follows: |
| 16 | | (70 ILCS 3305/5.2 new) |
| 17 | | Sec. 5.2. Government Reporting Enhancement and |
| 18 | | Transparency Act. |
| 19 | | (a) For fiscal years ending before January 1, 2028, |
| 20 | | notwithstanding any other provision of law to the contrary, |
| 21 | | the operations and fiscal activities of each district shall be |
| 22 | | subject to the Governmental Account Audit Act. |
| 23 | | (b) For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of each district shall be |
| 3 | | subject to the Government Reporting Enhancement and |
| 4 | | Transparency Act. |
| 5 | | Section 900-305. The Surface Water Protection District Act |
| 6 | | is amended by adding Section 30 as follows: |
| 7 | | (70 ILCS 3405/30 new) |
| 8 | | Sec. 30. Government Reporting Enhancement and Transparency |
| 9 | | Act. |
| 10 | | (a) For fiscal years ending before January 1, 2028, |
| 11 | | notwithstanding any other provision of law to the contrary, |
| 12 | | the operations and fiscal activities of the River Valley |
| 13 | | Special Recreation Association shall be subject to the |
| 14 | | Governmental Account Audit Act. |
| 15 | | (b) For fiscal years beginning after December 31, 2027, |
| 16 | | notwithstanding any other provision of law to the contrary, |
| 17 | | the operations and fiscal activities of the River Valley |
| 18 | | Special Recreation Association shall be subject to the |
| 19 | | Government Reporting Enhancement and Transparency Act. |
| 20 | | Section 900-310. The Metropolitan Transit Authority Act is |
| 21 | | amended 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 |
| 2 | | Act. |
| 3 | | (a) For fiscal years ending before January 1, 2028, as As |
| 4 | | soon after the end of each fiscal year as may be expedient, the |
| 5 | | Board shall cause to be prepared and printed a complete and |
| 6 | | detailed report and financial statement of its operations and |
| 7 | | of its assets and liabilities. A reasonably sufficient number |
| 8 | | of copies of such report shall be printed for distribution to |
| 9 | | persons interested, upon request, and a copy thereof shall be |
| 10 | | filed with the Governor, the county clerk of Cook County and |
| 11 | | the clerk of each municipality which has adopted this Act, or |
| 12 | | which has granted rights to the Authority by ordinance. A copy |
| 13 | | of such report shall be addressed to and mailed to the Mayor |
| 14 | | and City Council or President and Board of Trustees of such |
| 15 | | municipality. |
| 16 | | (b) For fiscal years beginning after December 31, 2027, |
| 17 | | notwithstanding any other provision of law to the contrary, |
| 18 | | the operations and fiscal activities of the Authority shall be |
| 19 | | subject to the Government Reporting Enhancement and |
| 20 | | Transparency Act. |
| 21 | | (Source: P.A. 84-939.) |
| 22 | | Section 900-315. The Local Mass Transit District Act is |
| 23 | | amended 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 |
| 2 | | Act. |
| 3 | | (a) For fiscal years ending before January 1, 2028, it It |
| 4 | | shall be the duty of the Board of Trustees of every District to |
| 5 | | cause an annual audit of its accounts to be made by a certified |
| 6 | | public accountant of Illinois. The audit shall be completed, |
| 7 | | filed with the District within 4 months after the close of each |
| 8 | | fiscal year of the District. Certified copies of annual audits |
| 9 | | shall likewise be filed with the Secretary of State and with |
| 10 | | the governing body or bodies which created the District. |
| 11 | | (b) For fiscal years beginning after December 31, 2027, |
| 12 | | notwithstanding any other provision of law to the contrary, |
| 13 | | the operations and fiscal activities of each district shall be |
| 14 | | subject to the Government Reporting Enhancement and |
| 15 | | Transparency Act. |
| 16 | | (Source: Laws 1959, p. 1635.) |
| 17 | | Section 900-320. The Regional Transportation Authority Act |
| 18 | | is amended by changing Section 4.05 and by adding Section 4.17 |
| 19 | | as 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, |
| 23 | | the Board shall prepare a complete and detailed report |
| 24 | | consolidating the financial statements audits of the Service |
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| 1 | | Boards with the Authority's financial statements. The |
| 2 | | consolidated 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 |
| 11 | | report prepared pursuant to subsection (a) shall review and |
| 12 | | reviewing the state State of the Authority, the Service |
| 13 | | Boards, and of the public transportation provided by the |
| 14 | | various Service Boards and transportation agencies. The report |
| 15 | | shall include evaluations of public transportation in the |
| 16 | | metropolitan region and of the fiscal activities of the |
| 17 | | Authority and the Service Boards Authority's activities, and |
| 18 | | financial statements of the Authority's and the Service |
| 19 | | Boards' revenues and expenditures for such year and of their |
| 20 | | assets and liabilities, which financial statements shall have |
| 21 | | been audited by an independent certified public accountant. |
| 22 | | (c) In addition to consolidated financial statements, the |
| 23 | | report prepared pursuant to subsection (a) The report shall |
| 24 | | also set forth the financial results as reported to the |
| 25 | | Service Boards from each transportation agency which during |
| 26 | | such year had a purchase of service agreement with a Service |
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| 1 | | Board or which received financial grants or financial |
| 2 | | assistance from a Service Board, such results to be set forth |
| 3 | | separately for each such agency. |
| 4 | | (d) A sufficient number of copies of each annual report |
| 5 | | shall be printed for distribution to anyone, upon request, and |
| 6 | | a copy thereof shall be filed with the Governor, the State |
| 7 | | Comptroller, the Speaker and Minority Leader of the Illinois |
| 8 | | House of Representatives, the President and Minority Leader of |
| 9 | | the Illinois Senate, the Mayor of the City of Chicago and the |
| 10 | | President or Chairman of the county board of each county in the |
| 11 | | metropolitan region, each Service Board, and with each |
| 12 | | transportation agency which during such year had a purchase of |
| 13 | | service agreement with a Service Board or which received |
| 14 | | financial grants or other financial assistance from a Service |
| 15 | | Board. |
| 16 | | (Source: P.A. 83-1362.) |
| 17 | | (70 ILCS 3615/4.17 new) |
| 18 | | Sec. 4.17. Government Reporting Enhancement and |
| 19 | | Transparency Act. For fiscal years beginning after December |
| 20 | | 31, 2027, notwithstanding any other provision of law to the |
| 21 | | contrary, the operations and fiscal activities of each Service |
| 22 | | Board and the Authority shall be subject to the Government |
| 23 | | Reporting Enhancement and Transparency Act. |
| 24 | | Section 900-325. The Public Water District Act is amended |
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| 1 | | by 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 |
| 4 | | Act. |
| 5 | | (a) It shall be the duty of the board of trustees to |
| 6 | | install and maintain a proper system of accounts showing |
| 7 | | receipts from operation and the application of the same, and |
| 8 | | the board shall at least once a year cause such accounts to be |
| 9 | | properly audited by a licensed Certified Public Accountant |
| 10 | | permitted to perform audits under the Illinois Public |
| 11 | | Accounting Act for fiscal years ending before January 1, 2028. |
| 12 | | (b) For fiscal years beginning after December 31, 2027, |
| 13 | | notwithstanding any other provision of law to the contrary, |
| 14 | | the operations and fiscal activities of a water district shall |
| 15 | | be subject to the Government Reporting Enhancement and |
| 16 | | Transparency Act. |
| 17 | | (Source: P.A. 94-465, eff. 8-4-05.) |
| 18 | | Section 900-330. The Water Service District Act is amended |
| 19 | | by adding Sections 14 as follows: |
| 20 | | (70 ILCS 3710/14 new) |
| 21 | | Sec. 14. Government Reporting Enhancement and Transparency |
| 22 | | Act. |
| 23 | | (a) For fiscal years ending before January 1, 2028, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of each district shall be |
| 3 | | subject to the Governmental Account Audit Act. |
| 4 | | (b) For fiscal years beginning after December 31, 2027, |
| 5 | | notwithstanding any other provision of law to the contrary, |
| 6 | | the operations and fiscal activities of each district shall be |
| 7 | | subject to the Government Reporting Enhancement and |
| 8 | | Transparency Act. |
| 9 | | Section 900-333. The Water Authorities Act is amended by |
| 10 | | adding Section 6d as follows: |
| 11 | | (70 ILCS 3715/6d new) |
| 12 | | Sec. 6d. Government Reporting Enhancement and Transparency |
| 13 | | Act. |
| 14 | | (a) For fiscal years ending before January 1, 2028, |
| 15 | | notwithstanding any other provision of law to the contrary, |
| 16 | | the operations and fiscal activities of each district shall be |
| 17 | | subject to the Governmental Account Audit Act. |
| 18 | | (b) For fiscal years beginning after December 31, 2027, |
| 19 | | notwithstanding any other provision of law to the contrary, |
| 20 | | the operations and fiscal activities of each district shall be |
| 21 | | subject to the Government Reporting Enhancement and |
| 22 | | Transparency Act. |
| 23 | | Section 900-335. The Water Commission Act of 1985 is |
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| 1 | | amended by changing Section 0.001b and by adding Section 6 as |
| 2 | | follows: |
| 3 | | (70 ILCS 3720/0.001b) |
| 4 | | Sec. 0.001b. Powers and duties. A water commission has the |
| 5 | | power 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 |
| 6 | | Act. |
| 7 | | (a) For fiscal years ending before January 1, 2028, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of each water commission |
| 10 | | shall be subject to the Governmental Account Audit Act. |
| 11 | | (b) For fiscal years beginning after December 31, 2027, |
| 12 | | notwithstanding any other provision of law to the contrary, |
| 13 | | the operations and fiscal activities of each water commission |
| 14 | | shall be subject to the Government Reporting Enhancement and |
| 15 | | Transparency Act. |
| 16 | | Section 900-340. The Illinois Local Library Act is amended |
| 17 | | by 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 |
| 21 | | year of the city, incorporated town, village or township, the |
| 22 | | board of trustees shall make a report of the condition of their |
| 23 | | trust on the last day of the fiscal year, to the city council, |
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| 1 | | board of trustees or board of town trustees, as the case may |
| 2 | | be. This report shall be made in writing and shall be verified |
| 3 | | under oath by the secretary, or some other responsible officer |
| 4 | | of the board of trustees. It shall contain (1) an itemized |
| 5 | | statement of the various sums of money received from the |
| 6 | | library fund and from other sources; (2) an itemized statement |
| 7 | | of the objects and purposes for which those sums of money have |
| 8 | | been expended; (3) a statement of the number of books and |
| 9 | | periodicals available for use, and the number and character |
| 10 | | thereof circulated; (4) a statement of the real and personal |
| 11 | | property acquired by legacy, purchase, gift or otherwise; (5) |
| 12 | | a statement of the character of any extensions of library |
| 13 | | service which have been undertaken; (6) (blank); (7) a |
| 14 | | statement as to the amount of accumulations and the reasons |
| 15 | | therefor; (8) a statement as to any outstanding liabilities |
| 16 | | including those for bonds still outstanding or amounts due for |
| 17 | | judgments, settlements, liability insurance, or for amounts |
| 18 | | due under a certificate of the board; (9) any other |
| 19 | | statistics, information and suggestions that may be of |
| 20 | | interest. A report shall also be filed, at the same time, with |
| 21 | | the Illinois State Library. |
| 22 | | (b) The board of trustees of a municipal library shall |
| 23 | | also submit to the city council, board of trustees or board of |
| 24 | | town trustees, along with the Illinois State Library, a |
| 25 | | statement of financial requirements of the library for the |
| 26 | | ensuing fiscal year for inclusion in the appropriation of the |
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| 1 | | corporate authority, and of the amount of money which, in the |
| 2 | | judgment of the board of library trustees, will be necessary |
| 3 | | to levy for library purposes in the next annual tax levy |
| 4 | | ordinance. This statement shall be submitted no less than 60 |
| 5 | | days prior to when the tax levy must be certified under |
| 6 | | subsection (b) of Section 18-15 of the Property Tax Code. |
| 7 | | (c)The board of trustees in a township shall also submit |
| 8 | | its appropriation and levy determinations to the Board of |
| 9 | | Township Trustees as provided in "The Illinois Municipal |
| 10 | | Budget Law", as amended. |
| 11 | | (d) For fiscal years beginning after December 31, 2027, |
| 12 | | notwithstanding any other provision of law to the contrary, if |
| 13 | | the library is a separate legal entity from a village, |
| 14 | | incorporated town, or township, the operations and fiscal |
| 15 | | activities of the library shall be subject to the Government |
| 16 | | Reporting Enhancement and Transparency Act. |
| 17 | | (Source: P.A. 100-245, eff. 8-22-17.) |
| 18 | | Section 900-345. The Illinois Library System Act is |
| 19 | | amended by changing Section 10 as follows: |
| 20 | | (75 ILCS 10/10) (from Ch. 81, par. 120) |
| 21 | | Sec. 10. Government Reporting Enhancement and Transparency |
| 22 | | Act. |
| 23 | | (a) Each library system receiving state aid shall furnish |
| 24 | | an annual report and such information regarding its library |
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| 1 | | service as the State Librarian may from time to time require. |
| 2 | | The State Librarian may revoke his approval of a library |
| 3 | | system if he finds that it does not conform to the plan of |
| 4 | | service or the regulations promulgated by the State Librarian; |
| 5 | | or in case of a provisional approval, if such library system |
| 6 | | does not fulfill the terms upon which provisional approval was |
| 7 | | based. In such a case a library system shall not thereafter be |
| 8 | | entitled to state aid until its bylaws or plan of service is |
| 9 | | again approved by the State Librarian. |
| 10 | | (b) For fiscal years beginning after December 31, 2027, |
| 11 | | notwithstanding any other provision of law to the contrary, |
| 12 | | the operations and fiscal activities of each library system |
| 13 | | shall be subject to the Government Reporting Enhancement and |
| 14 | | Transparency Act. |
| 15 | | (Source: P.A. 83-411.) |
| 16 | | Section 900-350. The Public Library District Act of 1991 |
| 17 | | is 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 |
| 21 | | in this Section. |
| 22 | | (b) The president shall preside over all meetings, appoint |
| 23 | | members of committees authorized by the district's |
| 24 | | regulations, and perform other duties specified by the |
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| 1 | | district's regulations, ordinances, or other appropriate |
| 2 | | action. In the president's absence, the vice president shall |
| 3 | | preside at meetings. The president shall not have or exercise |
| 4 | | veto powers. |
| 5 | | (c) The vice president's duties shall be prescribed by |
| 6 | | regulations. |
| 7 | | (d) The treasurer shall keep and maintain accounts and |
| 8 | | records of the district during the treasurer's term in office, |
| 9 | | indicating in those accounts and records a record of all |
| 10 | | receipts, disbursements, and balances in any funds. |
| 11 | | For fiscal years ending before January 1, 2028, annual |
| 12 | | Annual audit and financial report requirements shall conform |
| 13 | | with Section 3 of the Governmental Account Audit Act. |
| 14 | | (e) The treasurer shall give bond to the district to |
| 15 | | faithfully discharge the duties of the office and to account |
| 16 | | to the district for all district funds coming into the |
| 17 | | treasurer's hands. The bond shall be in an amount and with |
| 18 | | sureties approved by the board. The amount of the bond shall be |
| 19 | | based upon a minimum of 10% of the total funds received by the |
| 20 | | district in the last previous fiscal year. The cost of any |
| 21 | | surety bond shall be borne by the district. As an alternative |
| 22 | | to a personal bond on the treasurer, the treasurer may secure |
| 23 | | for the district an insurance policy or other insurance |
| 24 | | instrument that provides the district with coverage for |
| 25 | | negligent or intentional acts by district officials and |
| 26 | | employees that could result in the loss of district funds. The |
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| 1 | | coverage shall be in an amount at least equal to 10% of the |
| 2 | | average amount of the district's operating fund from the prior |
| 3 | | 3 fiscal years. The coverage shall be placed with an insurer |
| 4 | | approved by the board. The cost of any such coverage shall be |
| 5 | | borne by the district. The system shall provide the Illinois |
| 6 | | State Library a copy of the district's certificate of |
| 7 | | insurance at the time the district's annual report is filed. |
| 8 | | (f) Any person, entity, or public body or agency |
| 9 | | possessing district funds, property, or records shall, upon |
| 10 | | demand by any trustee, transfer and release the funds, |
| 11 | | property, or records to the treasurer. |
| 12 | | (g) The secretary shall keep and maintain appropriate |
| 13 | | records for his or her term in office and shall include in |
| 14 | | those records a record of the minutes of all meetings, the |
| 15 | | names of those in attendance, the ordinances enacted, the |
| 16 | | resolutions and regulations adopted, and all other pertinent |
| 17 | | written matter affecting the operation of the district. The |
| 18 | | secretary may administer oaths and affirmations for the |
| 19 | | purposes 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 |
| 24 | | or before September 1 of each year, the board shall prepare a |
| 25 | | written report for the past fiscal year. The secretary shall |
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| 1 | | file certified copies of the report on or before the due date |
| 2 | | with the Illinois State Librarian and in the library or |
| 3 | | libraries operated by the district, where the report shall be |
| 4 | | available for public inspection. The report shall include the |
| 5 | | following: |
| 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 |
| 19 | | Where dissolution of the district has been approved, the board |
| 20 | | shall prepare a final report. |
| 21 | | (c) For fiscal years ending before January 1, 2028, the |
| 22 | | The secretary's records shall be audited by 2 other trustees |
| 23 | | appointed by the president. The audit shall be conducted each |
| 24 | | fiscal year and upon the change of secretaries. The audit |
| 25 | | report shall be filed not later than 90 days following the |
| 26 | | completion of the fiscal year. The report shall certify the |
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| 1 | | accuracy and completeness of the secretary's records and shall |
| 2 | | list the discrepancies, if any. The report of the audit of the |
| 3 | | secretary's records shall be made a part of the secretary's |
| 4 | | records. |
| 5 | | (d) The board shall take whatever action is deemed |
| 6 | | necessary to cure the discrepancies reported to it by any |
| 7 | | audit committee. |
| 8 | | (e) For fiscal years beginning after December 31, 2027, |
| 9 | | notwithstanding any other provision of law to the contrary, |
| 10 | | the operations and fiscal activities of the district shall be |
| 11 | | subject to the Government Reporting Enhancement and |
| 12 | | Transparency 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 |
| 15 | | is amended by adding Section 3 as follows: |
| 16 | | (75 ILCS 50/3 new) |
| 17 | | Sec. 3. Government Reporting Enhancement and Transparency |
| 18 | | Act. For fiscal years beginning after December 31, 2027, |
| 19 | | notwithstanding any other provision of law to the contrary, if |
| 20 | | the library is a separate legal entity from the village, the |
| 21 | | operations and fiscal activities of the library shall be |
| 22 | | subject to the Government Reporting Enhancement and |
| 23 | | Transparency Act. |
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| 1 | | Section 900-360. The Public Community College Act is |
| 2 | | amended by changing Sections 3-22.1, 3-22.2, and 7-24 as |
| 3 | | follows: |
| 4 | | (110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1) |
| 5 | | Sec. 3-22.1. Government Reporting Enhancement and |
| 6 | | Transparency Act. |
| 7 | | (a) For fiscal years ending before January 1, 2028, the |
| 8 | | board shall To cause an audit to be made as of the end of each |
| 9 | | fiscal year by an accountant licensed to practice public |
| 10 | | accounting in Illinois and appointed by the board. The auditor |
| 11 | | shall perform his or her examination in accordance with |
| 12 | | generally accepted auditing standards and regulations |
| 13 | | prescribed by the State Board, and submit his or her report |
| 14 | | thereon in accordance with generally accepted accounting |
| 15 | | principles. The examination and report shall include a |
| 16 | | verification of student enrollments and any other bases upon |
| 17 | | which claims are filed with the State Board. The audit report |
| 18 | | shall include a statement of the scope and findings of the |
| 19 | | audit and a professional opinion signed by the auditor. If a |
| 20 | | professional opinion is denied by the auditor he or she shall |
| 21 | | set forth the reasons for that denial. The board shall not |
| 22 | | limit the scope of the examination to the extent that the |
| 23 | | effect of such limitation will result in the qualification of |
| 24 | | the auditor's professional opinion. The procedures for payment |
| 25 | | for the expenses of the audit shall be in accordance with |
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| 1 | | Section 9 of the Governmental Account Audit Act. Copies of the |
| 2 | | audit report shall be filed with the State Board in accordance |
| 3 | | with regulations prescribed by the State Board. |
| 4 | | (b) For fiscal years beginning after December 31, 2027, |
| 5 | | notwithstanding any other provision of law to the contrary, |
| 6 | | the operations and fiscal activities of the Board shall be |
| 7 | | subject to the Government Reporting Enhancement and |
| 8 | | Transparency 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, |
| 12 | | 2028, the board shall To publish annually a financial |
| 13 | | statement in accordance with rules and regulations issued by |
| 14 | | the State Board. Such statement shall be published at least |
| 15 | | once in a newspaper of general circulation in the community |
| 16 | | college 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 |
| 20 | | Transparency Act. |
| 21 | | (a) For fiscal years ending before January 1, 2028, the |
| 22 | | The board shall yearly, and may as often as necessary, appoint |
| 23 | | certified public accountants to examine the business methods |
| 24 | | and audit the accounts of the board, and to submit a report of |
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| 1 | | that examination and audit, together with any of their |
| 2 | | recommendations as to changes in business methods of the board |
| 3 | | or any of its departments, officers or employees. That report |
| 4 | | shall be made to the mayor, the city council, and the board and |
| 5 | | be filed in the records of the board. The board shall prepare, |
| 6 | | publish and transmit to the mayor and the city council an |
| 7 | | annual report including in detail all receipts and |
| 8 | | expenditures, specifying the source of the receipts and the |
| 9 | | objects of the expenditures. |
| 10 | | (b) For fiscal years beginning after December 31, 2027, |
| 11 | | notwithstanding any other provision of law to the contrary, |
| 12 | | the operations and fiscal activities of the Board shall be |
| 13 | | subject to the Government Reporting Enhancement and |
| 14 | | Transparency Act. |
| 15 | | (Source: P.A. 83-343.) |
| 16 | | Section 900-365. The Housing Authorities Act is amended by |
| 17 | | changing 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 |
| 20 | | Transparency Act. |
| 21 | | (a) For fiscal years ending before January 1, 2028, as As a |
| 22 | | part of its annual report, every Housing Authority shall |
| 23 | | present statements setting forth for each project of the |
| 24 | | Housing Authority a balance sheet, a classified statement of |
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| 1 | | revenues and expenditures and of receipts and disbursements |
| 2 | | and a surplus statement, and also a consolidated balance sheet |
| 3 | | and consolidated classified statements of revenues and |
| 4 | | expenditures, and of receipts and disbursements and a surplus |
| 5 | | statement reflecting the financial status and condition of the |
| 6 | | Housing Authority as a whole as of the close of the immediately |
| 7 | | preceding fiscal year. All statements shall be made separately |
| 8 | | for bond interest and retirement, capital and operating |
| 9 | | accounts. The report for the Housing Authority in any |
| 10 | | municipality containing over 500,000 inhabitants shall also |
| 11 | | include a separate statement setting out the total amount of |
| 12 | | rent received for, and the amount of money expended on, each |
| 13 | | housing project as that term is defined in Section 17 (g) of |
| 14 | | this Act under the jurisdiction of the Housing Authority and |
| 15 | | shall also include a complete schedule of salaries in effect |
| 16 | | on the date of the report and to whom such salaries are paid. |
| 17 | | The report for Housing Authorities other than those in |
| 18 | | municipalities containing over 500,000 inhabitants shall |
| 19 | | include a separate statement setting out in detail the exact |
| 20 | | amount of rent received for, and the amount of money expended |
| 21 | | on, each housing project as that term is defined in Section 17 |
| 22 | | (g) of this Act under the jurisdiction of the Housing |
| 23 | | Authority and shall also include a complete schedule of the |
| 24 | | salaries in effect on the date of the report and to whom |
| 25 | | salaries are being paid. All statements shall be made |
| 26 | | separately for bond interest and retirement, capital and |
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| 1 | | operating accounts. The annual report of every Housing |
| 2 | | Authority shall also include the amount or amounts of service |
| 3 | | charge or charges paid or proffered to the County Collector or |
| 4 | | to the appropriate officer or officers, of any municipal |
| 5 | | corporation in lieu of normal real estate taxes, identified to |
| 6 | | show the year or years and project or projects for which |
| 7 | | payment was made or proffered. The requirements of this |
| 8 | | Section can be fulfilled by the filing of an annual certified |
| 9 | | audit conducted in accordance with federal Housing and Urban |
| 10 | | Development requirements with the presiding officers and |
| 11 | | legislative authorities of the city, village, incorporated |
| 12 | | town or county. |
| 13 | | (b) For fiscal years ending before January 1, 2028, in In |
| 14 | | addition to all other information required herein, the Housing |
| 15 | | Authority in any municipality or county containing over |
| 16 | | 500,000 inhabitants shall prepare and maintain a summary |
| 17 | | tabulation for each project for the period covered by the |
| 18 | | annual report showing the number of and size of individual |
| 19 | | housing accommodations; the number of units occupied by |
| 20 | | families in the various income groups; the total number of |
| 21 | | persons; the age group of the head of the household of |
| 22 | | move-ins; the number of persons comprising the household; the |
| 23 | | rent schedules for determining contract rents; and the number |
| 24 | | of workers per family moving in; the year of admission of |
| 25 | | families to public housing; the number of move-ins with the |
| 26 | | size of family; income groups of families moving in; size of |
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| 1 | | unit occupied by families moving in or out; and information as |
| 2 | | to family composition; and information as to number of |
| 3 | | families receiving public assistance or social security |
| 4 | | benefits. All information shall be a matter of public record |
| 5 | | and shall be made available by the Housing Authority, on |
| 6 | | request, at any reasonable time without fee or reward. |
| 7 | | (c) For fiscal years beginning after December 31, 2027, |
| 8 | | notwithstanding any other provision of law to the contrary, |
| 9 | | the operations and fiscal activities of the Housing Authority |
| 10 | | shall be subject to the Government Reporting Enhancement and |
| 11 | | Transparency Act. |
| 12 | | (Source: P.A. 87-200.) |
| 13 | | Section 900-370. The Illinois Highway Code is amended by |
| 14 | | adding Section 6-145 as follows: |
| 15 | | (605 ILCS 5/6-145 new) |
| 16 | | Sec. 6-145. Government Reporting Enhancement and |
| 17 | | Transparency Act. |
| 18 | | (a) For fiscal years beginning after December 31, 2027, |
| 19 | | notwithstanding any other provision of law to the contrary, |
| 20 | | the operations and fiscal activities of each township and road |
| 21 | | district comprised of a single township shall be combined and |
| 22 | | shall be subject to the Government Reporting Enhancement and |
| 23 | | Transparency Act. |
| 24 | | (b) For fiscal years beginning after December 31, 2027, |
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| 1 | | notwithstanding any other provision of law to the contrary, |
| 2 | | the operations and fiscal activities of each road district |
| 3 | | other than a road district comprised of a single township |
| 4 | | shall be subject to the Government Reporting Enhancement and |
| 5 | | Transparency Act. |
| 6 | | Section 900-375. The Clerks of Courts Act is amended by |
| 7 | | changing 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 |
| 11 | | the fiscal year beginning before January 1, 2028 all fiscal |
| 12 | | years thereafter, in addition to any other audits required by |
| 13 | | law, the county board of each county shall cause an audit of |
| 14 | | the office of the circuit clerk to be made annually at the |
| 15 | | close of the county's fiscal year by a licensed public |
| 16 | | accountant. The county auditor and his or her staff may assist |
| 17 | | with the audit. The audit shall consist of a letter report that |
| 18 | | expresses an opinion on the financial statements of the |
| 19 | | circuit clerk, a letter report that expresses an opinion on |
| 20 | | internal controls of the circuit clerk, a letter report on the |
| 21 | | circuit clerk's compliance with applicable statutes, rules, |
| 22 | | and procedures relating to assessment, collection, and |
| 23 | | distribution of funds, including the timeliness of those |
| 24 | | actions, any documentation or statements necessary to support |
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| 1 | | the findings and opinions of the auditors, and any |
| 2 | | supplemental schedules or other documents required by the |
| 3 | | audit guidelines. A listing of applicable legal requirements |
| 4 | | shall be compiled by the Administrative Office of the Illinois |
| 5 | | Courts and made available to auditors for their compliance |
| 6 | | testing. |
| 7 | | The county board may include additional requirements in |
| 8 | | the audit. |
| 9 | | (b) The audits shall be completed in accordance with |
| 10 | | generally accepted government auditing standards and generally |
| 11 | | accepted auditing standards. The audit shall be completed |
| 12 | | within 6 months after the end of the fiscal year. The county |
| 13 | | board may grant an extension of up to 6 months for the |
| 14 | | completion of the audit. |
| 15 | | (c) The expenses of conducting and filing the audit shall |
| 16 | | be paid by the county from the circuit clerk's appropriations, |
| 17 | | and the county board shall make provisions for the payment |
| 18 | | unless another person or entity agrees, in writing, to pay the |
| 19 | | expenses. |
| 20 | | (d) The audit shall be filed with the Administrative |
| 21 | | Office of the Illinois Courts, the State Comptroller, the |
| 22 | | circuit clerk, and the county board within one month after the |
| 23 | | completion of the audit. |
| 24 | | (e) The Administrative Office of the Illinois Courts shall |
| 25 | | disseminate auditing guidelines to the county boards and the |
| 26 | | circuit clerks. The Auditor General's Office shall update, |
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| 1 | | with the assistance of the Administrative Office of the |
| 2 | | Illinois Courts, the auditing guidelines as necessary from |
| 3 | | time to time. Revised guidelines shall be available to the |
| 4 | | Administrative Office of the Illinois Courts for dissemination |
| 5 | | to the county boards and the circuit clerks. |
| 6 | | (f) The auditing requirements of this Section may be |
| 7 | | included in the audit required by Section 6-31003 of the |
| 8 | | Counties Code. |
| 9 | | (g) This Section is intended to require a comprehensive |
| 10 | | audit of the circuit clerks and to eliminate duplicative |
| 11 | | audits of the circuit clerk. The audit performed under this |
| 12 | | Section 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 |
| 16 | | becoming law.". |