State of Illinois
90th General Assembly
Legislation

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90_HB3381

      65 ILCS 5/3.1-35-65       from Ch. 24, par. 3.1-35-65
      65 ILCS 5/3.1-35-70       from Ch. 24, par. 3.1-35-70
      65 ILCS 5/3.1-35-75       from Ch. 24, par. 3.1-35-75
          Amends  the  Illinois  Municipal  Code.   Provides   that
      treasurers  in  municipalities  with  a  population less than
      500,000 may list  in  their  annual  account  of  moneys  the
      compensation  for  personnel  services  by stated categories.
      Provides that a municipality may authorize the publication of
      an annual financial report instead of the annual  account  of
      moneys and provides that the publication shall include that a
      copy  of the complete financial statement or annual financial
      report may be inspected at the clerk's office.  Subjects  the
      report  to the same filing requirements as the annual account
      of moneys.
                                                     LRB9009454PTsb
                                               LRB9009454PTsb
 1        AN ACT to amend the Illinois Municipal Code  by  changing
 2    Sections 3.1-35-65, 3.1-35-70, and 3.1-35-75.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing  Sections  3.1-35-65,  3.1-35-70,  and  3.1-35-75 as
 7    follows:
 8        (65 ILCS 5/3.1-35-65) (from Ch. 24, par. 3.1-35-65)
 9        Sec. 3.1-35-65.  Treasurer; annual accounts or reports.
10        (a)  Within 6 months after the end of each  fiscal  year,
11    the  treasurer  of  each  municipality having a population of
12    less than  500,000,  as  determined  by  the  last  preceding
13    federal  census,  shall  annually  prepare  and file with the
14    clerk of the municipality an account of moneys  received  and
15    expenditures  incurred  during  the  preceding fiscal year as
16    specified in this Section. The treasurer shall  show  in  the
17    account:
18             (1)  All   moneys   received  by  the  municipality,
19        indicating the total amounts, in the aggregate,  received
20        in  each  account  of  the  municipality,  with a general
21        statement concerning the  source  of  receipts.  In  this
22        paragraph,   the   term  "account"  does  not  mean  each
23        individual taxpayer, householder, licensee, utility user,
24        or other persons whose payments to the  municipality  are
25        credited to a general account.
26             (2)  Except  as  provided  in  paragraph (3) of this
27        subsection (a), all moneys paid out by  the  municipality
28        where  the  total  amount  paid  during  the  fiscal year
29        exceeds $2,500 in the aggregate, giving the name of  each
30        person  to  whom  moneys  were paid and the total paid to
31        each person.
                            -2-                LRB9009454PTsb
 1             (3)  All moneys paid  out  by  the  municipality  as
 2        compensation  for  personal  services, giving the name of
 3        each person to whom moneys were paid and the total amount
 4        paid to each person from  each  account,  except  that  a
 5        treasurer  may  elect  to  report  the  compensation  for
 6        personal  services  of  all  personnel  by  name  without
 7        specifying  the  exact  amount  paid, but instead listing
 8        each employee in one of the following categories:
 9                  (A)  Less than $15,000.
10                  (B)  $15,000 to $24,999.
11                  (C)  $25,000 to 39,999.
12                  (D)  $40,000 or more.
13             (4)  A summary statement of operations for all funds
14        and account groups of the municipality, as excerpted from
15        the annual financial report as filed with the appropriate
16        State agency.
17        (a-5)  Instead of the account required in subsection (a),
18    the corporate authorities may, by resolution,  authorize  the
19    publication  of  the  information  contained  in  the  annual
20    financial report filed with the State Comptroller as required
21    by  Section 8-8-3.  A publication under this subsection shall
22    state  that  a  copy  of  the  following  is  available   for
23    inspection at the office of the clerk of the municipality:
24             (1)  the   complete   financial  statement  for  the
25        municipality and the independent auditor's report; or
26             (2)  the annual financial report filed instead of an
27        audit report by a municipality with a population of  less
28        than  800  that  does not own or operate public utilities
29        and does not have bonded debt.
30        If a  municipality  chooses  this  alternative  reporting
31    method, then the municipal treasurer shall prepare the report
32    described  in  this  subsection  and submit the report to the
33    municipal clerk.
34        (b)  Upon receipt of  the  account  or  report  from  the
                            -3-                LRB9009454PTsb
 1    municipal  treasurer,  the  municipal clerk shall publish the
 2    account or report at least once in  one  or  more  newspapers
 3    published   in  the  municipality  or,  if  no  newspaper  is
 4    published in the municipality, then in one or more newspapers
 5    having a general  circulation  within  the  municipality.  In
 6    municipalities with a population of less than 500 in which no
 7    newspaper  is  published, however, publication may be made by
 8    posting a copy of the account or report in 3 prominent places
 9    within the municipality.
10    (Source: P.A. 89-63, eff. 6-30-95.)
11        (65 ILCS 5/3.1-35-70) (from Ch. 24, par. 3.1-35-70)
12        Sec. 3.1-35-70.  Treasurer; copy  of  account  or  report
13    filed  with collector.  Within 6 months after the end of each
14    fiscal year the treasurer of each municipality,  as  provided
15    in  Section  3.1-35-65,  shall  file with each town or county
16    collector  of  taxes  who  collects  taxes  levied   by   the
17    municipality  a  copy of the annual account or report that is
18    required to be filed with  and  published  by  the  municipal
19    clerk,  as  provided  in  Section 3.1-35-65, together with an
20    affidavit of the municipal clerk stating that the copy  is  a
21    true  and  correct copy of the annual account or report filed
22    with the clerk, that it was published or posted  as  required
23    by  Section 3.1-35-65, the date of the filing and publication
24    or posting, and, if published, the newspaper in which it  was
25    published.
26    (Source: P.A. 87-1119.)
27        (65 ILCS 5/3.1-35-75) (from Ch. 24, par. 3.1-35-75)
28        Sec.  3.1-35-75.  Treasurer;  failure  to file account or
29    report.  If a municipal treasurer fails to  file  the  annual
30    account  or  report  and  affidavit  with  the town or county
31    collector within 6 months after the end of a fiscal  year  as
32    required  by Section 3.1-35-70, the town or county collector,
                            -4-                LRB9009454PTsb
 1    as the case may be, shall withhold payment to  the  treasurer
 2    of  any  and  all  moneys  due  the  municipality  after  the
 3    expiration  of  that  6  month  period  and  until the annual
 4    account  or  report  and  affidavit  are  received   by   the
 5    collector.  The failure of a municipal treasurer or municipal
 6    clerk to comply with the provisions of Sections 3.1-35-65 and
 7    3.1-35-70  within  6  months  after  the end of a fiscal year
 8    shall not preclude  the  treasurer  or  clerk  or  the  other
 9    officers  of  the  municipality from preparing, publishing or
10    posting,  and  filing  the  annual  account  or  report   and
11    affidavit  after  the  expiration of that 6 month period.  If
12    the clerk, treasurer, or other officers later comply with the
13    provisions of this Division 35, the town or county collector,
14    as the case may be, shall pay over to the municipal treasurer
15    the moneys withheld by the  collector  immediately  upon  the
16    filing of the annual account or report and affidavit with the
17    collector.
18    (Source: P.A. 87-1119.)

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