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92_HB6034eng HB6034 Engrossed LRB9214884BDdvA 1 AN ACT concerning audits and reports. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Funds Statement Publication Act is 5 amended by changing Section 1 as follows: 6 (30 ILCS 15/1) (from Ch. 102, par. 5) 7 Sec. 1. Except as provided in Section 2.1, each public 8 officer, other than a state officer, (and other than a city 9 or village treasurer or municipal officer who is required by 10 Article 3 of the Illinois Municipal Code, approved May 29, 11 1961, as heretofore and hereafter amended, to file an annual 12 report to the city council or board of trustees which report 13 is required to be published, and other than a treasurer of a 14 city, village or incorporated town, who is required to file 15 an account with the municipal clerk, which account is 16 published as required by "An Act in relation to the 17 preparation, publication and filing of annual accounts of 18 certain municipalities, the payment of tax monies to 19 treasurers of certain municipalities, and providing penalties 20 for violations thereof", approved August 15, 1961, as 21 heretofore and hereafter amended), who, by virtue of his 22 office receives for disbursement and disburses public funds 23 in the discharge of governmental or municipal debts and 24 liabilities, shall, at the expiration of each fiscal year, 25 prepare a statement: 26 (1) Of all moneys received and from what sources 27 received, giving items, particulars and details; 28 (2) Except as provided in paragraph (3) of this 29 Section, of all moneys paid out where the total amount 30 paid during the fiscal year exceeds $2,500 in the 31 aggregate, giving the name of each individual to whom HB6034 Engrossed -2- LRB9214884BDdvA 1 paid and the amount paid to each person; 2 (3) Of all monies paid out as compensation for 3 personal services, giving the name of each individual to 4 whom paid and the total amount paid to each person, 5 except that any public officer may elect to report the 6 compensation for personal services of all personnel by 7 name, listing each employee in one of the following 8 categories: 9 (A) under $25,000.00; 10 (B) $25,000.00 to $49,999.99; 11 (C) $50,000.00 to $74,999.99; 12 (D) $75,000.00 to $99,999.99; 13 (E) $100,000.00 to $124,999.99; or 14 (F) $125,000.00 and over; and 15 (4) A summary statement of operations for all funds 16 and account groups, as excerpted from the annual17financial report as filed with the appropriate State18agency of the State of Illinois. 19 Such statement shall be subscribed and sworn to by the 20 public officer making such statement, and, within 6 months 21 after the expiration of such fiscal year shall be filed in 22 the office of the county clerk of the county in which such 23 public officer resides. 24 (Source: P.A. 92-354, eff. 8-15-01.) 25 Section 10. The Governmental Account Audit Act is 26 amended by changing Sections 1, 3, and 6 as follows: 27 (50 ILCS 310/1) (from Ch. 85, par. 701) 28 Sec. 1. Definitions. As used in this Act, unless the 29 context otherwise indicates: 30 "Governmental unit" or "unit" includes all municipal 31 corporations in and political subdivisions of this State that 32 appropriate more than $5,000 for a fiscal year, with the HB6034 Engrossed -3- LRB9214884BDdvA 1 amount to increase or decrease by the amount of the Consumer 2 Price Index (CPI) as reported on January 1 of each year, 3 except the following: 4 (1) School districts. 5 (2) Cities, villages, and incorporated towns 6 subject to the Municipal Auditing Law, as contained in 7 the Illinois Municipal Code, and cities that file a 8 report with the Comptroller under Section 3.1-35-115 of 9 the Illinois Municipal Code. 10 (3) Counties with a population of 1,000,000 or 11 more. 12 (4) Counties subject to the County Auditing Law. 13 (5) Any other municipal corporations in or 14 political subdivisions of this State, the accounts of 15 which are required by law to be audited by or under the 16 direction of the Auditor General. 17 (6) (Blank). 18 (7) A drainage district, established under the 19 Illinois Drainage Code (70 ILCS 605), that did not 20 receive or expend any moneys during the immediately 21 preceding fiscal year or obtains approval for assessments 22 and expenditures through the circuit court. 23 (8) Public housing authorities that submit 24 financial reports to the U.S. Department of Housing and 25 Urban Development. 26 "Governing body" means the board or other body or 27 officers having authority to levy taxes, make appropriations, 28 authorize the expenditure of public funds or approve claims 29 for any governmental unit. 30 "Comptroller" means the Comptroller of the State of 31 Illinois. 32 "Consumer Price Index" means the Consumer Price Index for 33 All Urban Consumers for all items published by the United 34 States Department of Labor. HB6034 Engrossed -4- LRB9214884BDdvA 1 "Licensed public accountant" means the holder of a valid 2 certificate as a public accountant under the Illinois Public 3 Accounting Act. 4 "Audit report" means the written report of the licensed 5 public accountant and all appended statements and schedules 6 relating to that report, presenting or recording the findings 7 of an examination or audit of the financial transactions, 8 affairs, or conditions of a governmental unit. 9 "Report" includes both audit reports and reports filed 10 instead of an audit report by a governmental unit receiving 11 revenue of less than $850,000appropriating less than12$200,000during any fiscal year to which the reports relate. 13 (Source: P.A. 92-191, eff. 8-1-01.) 14 (50 ILCS 310/3) (from Ch. 85, par. 703) 15 Sec. 3. Any governmental unit receiving revenue of less 16 than $850,000appropriating less than $200,000for any fiscal 17 year shall, in lieu of complying with the requirements of 18 Section 2 for audits and audit reports, file with the 19 Comptroller a financial report containing information 20 required by the Comptroller. In addition, a governmental 21 unit receiving revenue of less than $850,000appropriating22less than $200,000may file with the Comptroller any audit 23 reports which may have been prepared under any other law. Any 24 governmental unit receiving revenue of $850,000appropriating25$200,000or more for any fiscal year shall, in addition to 26 complying with the requirements of Section 2 for audits and 27 audit reports, file with the Comptroller the financial report 28 required by this Section. Such financial reports shall be on 29 forms so designed by the Comptroller as not to require 30 professional accounting services for its preparation. 31 (Source: P.A. 90-104, eff. 7-11-97.) 32 (50 ILCS 310/6) (from Ch. 85, par. 706) HB6034 Engrossed -5- LRB9214884BDdvA 1 Sec. 6. When the audit is completed the licensed public 2 accountant making such audit shall make and sign at least 3 3 copies of the report of the audit and immediately file them 4 with the governmental unit audited. Governmental units 5 receiving revenue of $850,000appropriating $200,000or more 6 for any fiscal year shall immediately make one copy of the 7 audit report and one copy of the financial report required by 8 Section 3 of this Act a part of its public record. 9 Governmental units receiving revenue of less than $850,000 10appropriating less than $200,000shall immediately make one 11 copy of the audit report, or one copy of the report 12 authorized by Section 3 of this Act to be filed instead of 13 the audit report, a part of its public record. These copies 14 shall be open to public inspection. In addition, the 15 governmental unit shall file one copy of the report with the 16 Comptroller and with the county clerk of the county in which 17 the principal office of the governmental unit is located. A 18 governmental unit may, in filing its audit report with the 19 Comptroller, transmit with such report any comment or 20 explanation that it wishes to make concerning the report. 21 (Source: P.A. 82-422.) 22 Section 15. The Township Code is amended by changing 23 Section 80-20 as follows: 24 (60 ILCS 1/80-20) 25 Sec. 80-20. Independent audit of accounts. 26 (a) All accounts audited under this Article (and those 27 rejected, if any) shall be delivered with the certificate of 28 the trustees (or a majority of them) to the township clerk, 29 who shall keep them on file for the inspection of any of the 30 inhabitants of the township. They shall also be produced by 31 the township clerk at the next annual meeting and shall be 32 read at the meeting by the clerk. HB6034 Engrossed -6- LRB9214884BDdvA 1 (b) In townships that receive revenue of $850,000 2appropriate $200,000or more during any fiscal year, 3 exclusive of road funds, the township board shall have the 4 accounts and all records of the township thoroughly audited 5 by a certified public accountant within 6 months after the 6 close of each fiscal year. The board shall have a copy of 7 the accountant's report and recommendations filed with the 8 township clerk and another copy filed with the county clerk 9 for public inspection. 10 (c) In townships that receive revenue of less than 11 $850,000appropriate less than $200,000during any fiscal 12 year, exclusive of road funds, the township board shall have 13 the accounts and all records of the township audited and 14 inspected by an independent auditing committee composed of 3 15 township electors chosen by the board. The audit shall be 16 completed within 6 months after the close of each fiscal 17 year. A copy of the auditing committee's report and 18 recommendations shall be filed with the township clerk and 19 another copy shall be filed with the county clerk for public 20 inspection. The auditing committee shall not contain any 21 member of the township board or any person related to a 22 trustee. Members of the auditing committee shall be 23 proficient in accounting principles and practices and shall 24 be compensated at a rate determined by the township board but 25 not to exceed $50 per day. In addition to the other audit 26 requirements imposed by law, in townships subject to this 27 subsection, the township board shall have the accounts and 28 all records of the township thoroughly audited by a certified 29 public accountant within 6 months after (i) the end of each 30 term of office of the township supervisor and (ii) a vacancy 31 occurs in the office of township supervisor. A copy of the 32 accountant's report and recommendations shall be filed with 33 the township clerk and another copy shall be filed with the 34 county clerk for public inspection. HB6034 Engrossed -7- LRB9214884BDdvA 1 (Source: P.A. 90-210, eff. 7-25-97.) 2 Section 99. Effective date. This Act takes effect on 3 July 1, 2002.