Illinois General Assembly - Full Text of SB2092
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Full Text of SB2092  93rd General Assembly

SB2092 93rd General Assembly


093_SB2092

 
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 1        AN ACT concerning municipalities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    changing Sections 8-8-4 and 8-8-8 as follows:

 6        (65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
 7        Sec. 8-8-4.  Overdue reports.
 8        (a)  In the event (i) the required audit report or annual
 9    or  supplemental  report for a municipality is not filed with
10    the Comptroller in accordance with Section 8-8-3  or  Section
11    8-8-7,  as applicable, within 6 months after the close of the
12    fiscal year of the municipality or  (ii)  the  Tax  Increment
13    Financing  Report for the municipality required under Section
14    8-8-3.5 is not filed with the  Comptroller  within  the  time
15    required   under   Section   11-74.4-5   or   11-74.6-22,  as
16    applicable,  the  Comptroller  shall  notify  the   corporate
17    authorities  of  that  municipality in writing that the audit
18    report is due, and may also grant an extension of time of  60
19    days,  for the filing of the audit report. In the event a the
20    required audit report is not filed within the time  specified
21    in  such  written  notice,  the  Comptroller  shall cause any
22    necessary  such  audit  to  be  made  by  an  accountant   or
23    accountants. In the event the required annual or supplemental
24    report  for a municipality is not filed within 6 months after
25    the close  of  the  fiscal  year  of  the  municipality,  the
26    Comptroller  shall  notify  the corporate authorities of that
27    municipality in  writing  that  the  annual  or  supplemental
28    report  is  due and may grant an extension in time of 60 days
29    for the filing of such annual or supplemental report.
30        (b)  In the event the annual or  supplemental  report  or
31    the  Tax  Increment  Financing Report is not filed within the
 
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 1    required time,  including  any  extension   extended  by  the
 2    Comptroller,  the  Comptroller  shall  cause  such  annual or
 3    supplemental report or the Tax Increment Financing Report  to
 4    be  prepared  or  completed and the municipality shall pay to
 5    the  Comptroller  reasonable  compensation  and  expenses  to
 6    reimburse the Comptroller him for the cost  of  preparing  or
 7    completing such annual or supplemental report. Moneys paid to
 8    the  Comptroller  pursuant to the preceding sentence shall be
 9    deposited into  the  Comptroller's  Audit  Expense  Revolving
10    Fund.
11        (c)  The Comptroller may decline to order an audit or the
12    completion  of  a  the  supplemental  report  if  an  initial
13    examination  of  the  books  and  records of the municipality
14    indicates that books and  records  of  the  municipality  are
15    inadequate  or  unavailable to support the preparation of the
16    audit report or the supplemental report due to the passage of
17    time or the occurrence of a natural disaster.
18    (Source: P.A. 90-104, eff. 7-11-97.)

19        (65 ILCS 5/8-8-8) (from Ch. 24, par. 8-8-8)
20        Sec. 8-8-8.  Expenses of audit and investigation.
21        (a)  The expenses  of  the  audit  and  investigation  of
22    public  accounts  provided for in Division 8, whether ordered
23    by the corporate authorities or  the  Comptroller,  shall  be
24    paid  by the municipality for which the audit is made. Except
25    as otherwise provided  in  this  Section,  payment  shall  be
26    ordered  by the corporate authorities out of the funds of the
27    municipality and it shall be the duty of such authorities  to
28    make  provisions  for payment.  Contracts for the performance
29    of audits required by this Division 8  may  be  entered  into
30    without  competitive  bidding.  If  the  audit  is made by an
31    accountant or accountants retained by  the  Comptroller,  the
32    municipality   shall   pay   to  the  Comptroller  reasonable
33    compensation and expenses to reimburse  the  Comptroller  him
 
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 1    for the cost of making such audit.
 2        (b)  Payment  for expenses of the audit and investigation
 3    of public accounts for the preparation  of  a  Tax  Increment
 4    Financing Report under Section 8-8-3.5, whether the report is
 5    prepared  by  the  corporate  authorities or the Comptroller,
 6    shall be ordered by the corporate authorities out of the  tax
 7    increment  financing  funds of the municipality, and it shall
 8    be the duty of the corporate authorities to  make  provisions
 9    for payment.
10        (c)  The  corporate  authorities  of  all  municipalities
11    coming under the provisions of this Division 8 shall have the
12    power to annually levy a "Municipal Auditing Tax" upon all of
13    the taxable property of the municipalities at the rate on the
14    dollar  which  will  produce an amount which will equal a sum
15    sufficient to meet the  cost  of  all  auditing  and  reports
16    thereunder,  except  that  no  tax  may be levied to meet the
17    costs of Tax  Increment  Financing  Reports.  Such  municipal
18    auditing  tax shall be held in a special fund and used for no
19    other purpose than the payment of expenses occasioned by this
20    Division 8.
21        (d)  The tax authorized  by  this  Section  shall  be  in
22    addition  to  taxes for general corporate purposes authorized
23    under Section 8-3-1 of this Act.
24        (e)  All    municipalities,    including    home     rule
25    municipalities,  must  comply  with  the  provisions  of this
26    amendatory Act of the 93rd General Assembly. This Section  is
27    a  denial  and  limitation  of home rule powers and functions
28    under subsection (g) of Section  6  of  Article  VII  of  the
29    Illinois Constitution.
30    (Source: P.A. 81-824.)

31        Section  90.  The State Mandates Act is amended by adding
32    Section 8.27 as follows:
 
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 1        (30 ILCS 805/8.27 new)
 2        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 3    and  8 of this Act, no reimbursement by the State is required
 4    for  the  implementation  of  any  mandate  created  by  this
 5    amendatory Act of the 93rd General Assembly.

 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.