Full Text of HB1362 97th General Assembly
HB1362ham002 97TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 5/3/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1362
| 2 | | AMENDMENT NO. ______. Amend House Bill 1362, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Fire Protection District Act is amended by | 6 | | changing Section 11a as follows:
| 7 | | (70 ILCS 705/11a) (from Ch. 127 1/2, par. 31a)
| 8 | | Sec. 11a.
The Board of Trustees of any fire protection | 9 | | district organized
hereunder may contract with any corporation | 10 | | organized to furnish fire
protection service or with any | 11 | | association organized to furnish fire
protection service or | 12 | | with any city, village, incorporated town, or
organized fire | 13 | | protection district lying adjacent to such district for fire
| 14 | | protection service to be furnished by such corporation or such | 15 | | association
or such municipality or fire protection district | 16 | | for the property within
such district or to be furnished by |
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| 1 | | such district for the property within
such municipality. The | 2 | | board of trustees may also contract for the
installation, | 3 | | rental or use of fire hydrants within the fire protection
| 4 | | district and for the furnishing of water to be used within such | 5 | | district
for fire protection purposes, and for mutual aid from | 6 | | and to other fire
protection districts, and for mutual aid from | 7 | | and to corporations and
associations organized to furnish fire | 8 | | protection service and for mutual
aid from and to | 9 | | municipalities.
| 10 | | A municipality's fiscal obligations for fire protection
| 11 | | services under a contract with a fire protection district
| 12 | | entered into under this Section shall comply with the Local
| 13 | | Government Prompt Payment Act.
If a municipality fails to make | 14 | | a payment within 90 days, an interest penalty of 1% of any | 15 | | amount approved and unpaid shall be added for each 90 days or | 16 | | fraction thereof after the expiration of the 90 day period, | 17 | | until final payment is made. In the case of an action in court | 18 | | to collect delinquent fees from a contract for services between | 19 | | a municipality and a fire protection district, the losing party | 20 | | shall pay all reasonable legal fees incurred in the proceeding. | 21 | | When the Board of Trustees of a Fire Protection District | 22 | | purchases fire
protection services from an organization | 23 | | (specifically including without
limitation a city, village, | 24 | | incorporated town, or adjacent fire protection
district) that | 25 | | is required to be audited by "An Act in relation to audits
of | 26 | | the accounts of certain governmental units and to repeal an Act |
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| 1 | | therein
named", approved May 10, 1967, or by The Illinois | 2 | | Municipal Auditing Law,
the scope of the audit of the | 3 | | organization providing the fire protection
services shall be | 4 | | expanded to require the licensed public accountant
performing | 5 | | the audit to specifically report on compliance with the terms | 6 | | of
the contract as it relates to financial matters, including | 7 | | but not limited
to the amount charged to the purchasing Fire | 8 | | Protection District. To the
extent possible, the financial | 9 | | statements of the providing organization
shall segregate | 10 | | accounts relating to fire protection service transactions
and | 11 | | present them as a separate fund or as a separate department | 12 | | within a
fund. A copy of the providing organization audit | 13 | | report shall be furnished
to the purchasing Fire Protection | 14 | | District within 6 months after the close
of the fiscal year of | 15 | | the organization providing the fire protection services.
| 16 | | When the Board of Trustees of a Fire Protection District | 17 | | purchases fire
protection services from an organization | 18 | | (specifically including without
limitation a not-for-profit | 19 | | corporation or a for-profit corporation or
association) that is | 20 | | not required to be audited by "An Act in relation to
audits of | 21 | | the accounts of certain governmental units and to repeal an Act
| 22 | | therein named", approved May 10, 1967, or by The Illinois | 23 | | Municipal
Auditing Law, the organization providing the fire | 24 | | protection services shall
employ a person licensed to practice | 25 | | public accounting under the laws of
this State to annually | 26 | | audit the providing organization's financial
statements of all |
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| 1 | | accounts, funds, and other moneys in the care, custody,
or | 2 | | control of the providing organization. Such audit shall be | 3 | | conducted in
accordance with Generally Accepted Auditing | 4 | | Standards and the scope of such
audit shall be expanded to | 5 | | require the licensed public accountant
performing the audit to | 6 | | specifically report on compliance with the terms of
the | 7 | | contract as it relates to financial matters, including but not | 8 | | limited
to the amount charged to the purchasing Fire Protection | 9 | | District. To the
extent possible, the financial statements of | 10 | | the providing organization
shall segregate accounts relating | 11 | | to fire protection service transactions
and present them as a | 12 | | separate fund or as a separate department within a
fund. A copy | 13 | | of the providing organization audit report shall be furnished
| 14 | | to the purchasing Fire Protection District within 6 months | 15 | | after the close
of the fiscal year of the organization | 16 | | providing the fire protection
services. Within 15 days after | 17 | | the first meeting of the board of directors
or trustees of the | 18 | | organization providing the fire protection services that
| 19 | | occurs after receiving the audit report, the organization | 20 | | providing the
fire protection services shall publish excerpts | 21 | | from the audit report that
relate to fire protection service | 22 | | operations in accordance with Section 7
of this Act. When fire | 23 | | protection services are rendered in more than one
geographic | 24 | | area, publication or distribution should be made in each
| 25 | | geographic area served.
| 26 | | (Source: P.A. 86-216; 86-1023.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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