Bill Amendment: IL HB5391 | 2025-2026 | 104th General Assembly
Bill Title: GOV REPORT ENHANCEMENT ACT
Status: 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB5391 Detail]
Download: Illinois-2025-HB5391-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 5391 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5391 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Article 1. GENERAL PROVISIONS | ||||||
| 5 | Section 1-1. Short title. This Act may be cited as the | ||||||
| 6 | Government Reporting Enhancement and Transparency Act. | ||||||
| 7 | Section 1-5. Purpose. The purpose of this Act is to | ||||||
| 8 | establish a uniform, simplified reporting framework for local | ||||||
| 9 | government reporting requirements to the Comptroller with an | ||||||
| 10 | independent review process. | ||||||
| 11 | Section 1-10. Definitions. In this Act: | ||||||
| 12 | "Agreed-upon procedures" or "AUPs" is an attestation | ||||||
| 13 | engagement performed in accordance with attestation standards | ||||||
| 14 | established by the American Institute of Certified Public | ||||||
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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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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.) | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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) | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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.". | ||||||
