Bill Text: IL HB1362 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB1362 Detail]
Download: Illinois-2011-HB1362-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1362
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2 | AMENDMENT NO. ______. Amend House Bill 1362, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Fire Protection District Act is amended by | ||||||
6 | changing Section 11a as follows:
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7 | (70 ILCS 705/11a) (from Ch. 127 1/2, par. 31a)
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8 | Sec. 11a.
The Board of Trustees of any fire protection | ||||||
9 | district organized
hereunder may contract with any corporation | ||||||
10 | organized to furnish fire
protection service or with any | ||||||
11 | association organized to furnish fire
protection service or | ||||||
12 | with any city, village, incorporated town, or
organized fire | ||||||
13 | protection district lying adjacent to such district for fire
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14 | protection service to be furnished by such corporation or such | ||||||
15 | association
or such municipality or fire protection district | ||||||
16 | for the property within
such district or to be furnished by |
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1 | such district for the property within
such municipality. The | ||||||
2 | board of trustees may also contract for the
installation, | ||||||
3 | rental or use of fire hydrants within the fire protection
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4 | district and for the furnishing of water to be used within such | ||||||
5 | district
for fire protection purposes, and for mutual aid from | ||||||
6 | and to other fire
protection districts, and for mutual aid from | ||||||
7 | and to corporations and
associations organized to furnish fire | ||||||
8 | protection service and for mutual
aid from and to | ||||||
9 | municipalities.
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10 | A municipality's fiscal obligations for fire protection
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11 | services under a contract with a fire protection district
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12 | entered into under this Section shall comply with the Local
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13 | Government Prompt Payment Act.
If a municipality fails to make | ||||||
14 | a payment within 90 days, an interest penalty of 1% of any | ||||||
15 | amount approved and unpaid shall be added for each 90 days or | ||||||
16 | fraction thereof after the expiration of the 90 day period, | ||||||
17 | until final payment is made. In the case of an action in court | ||||||
18 | to collect delinquent fees from a contract for services between | ||||||
19 | a municipality and a fire protection district, the losing party | ||||||
20 | shall pay all reasonable legal fees incurred in the proceeding. | ||||||
21 | When the Board of Trustees of a Fire Protection District | ||||||
22 | purchases fire
protection services from an organization | ||||||
23 | (specifically including without
limitation a city, village, | ||||||
24 | incorporated town, or adjacent fire protection
district) that | ||||||
25 | is required to be audited by "An Act in relation to audits
of | ||||||
26 | the accounts of certain governmental units and to repeal an Act |
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1 | therein
named", approved May 10, 1967, or by The Illinois | ||||||
2 | Municipal Auditing Law,
the scope of the audit of the | ||||||
3 | organization providing the fire protection
services shall be | ||||||
4 | expanded to require the licensed public accountant
performing | ||||||
5 | the audit to specifically report on compliance with the terms | ||||||
6 | of
the contract as it relates to financial matters, including | ||||||
7 | but not limited
to the amount charged to the purchasing Fire | ||||||
8 | Protection District. To the
extent possible, the financial | ||||||
9 | statements of the providing organization
shall segregate | ||||||
10 | accounts relating to fire protection service transactions
and | ||||||
11 | present them as a separate fund or as a separate department | ||||||
12 | within a
fund. A copy of the providing organization audit | ||||||
13 | report shall be furnished
to the purchasing Fire Protection | ||||||
14 | District within 6 months after the close
of the fiscal year of | ||||||
15 | the organization providing the fire protection services.
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16 | When the Board of Trustees of a Fire Protection District | ||||||
17 | purchases fire
protection services from an organization | ||||||
18 | (specifically including without
limitation a not-for-profit | ||||||
19 | corporation or a for-profit corporation or
association) that is | ||||||
20 | not required to be audited by "An Act in relation to
audits of | ||||||
21 | the accounts of certain governmental units and to repeal an Act
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22 | therein named", approved May 10, 1967, or by The Illinois | ||||||
23 | Municipal
Auditing Law, the organization providing the fire | ||||||
24 | protection services shall
employ a person licensed to practice | ||||||
25 | public accounting under the laws of
this State to annually | ||||||
26 | audit the providing organization's financial
statements of all |
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1 | accounts, funds, and other moneys in the care, custody,
or | ||||||
2 | control of the providing organization. Such audit shall be | ||||||
3 | conducted in
accordance with Generally Accepted Auditing | ||||||
4 | Standards and the scope of such
audit shall be expanded to | ||||||
5 | require the licensed public accountant
performing the audit to | ||||||
6 | specifically report on compliance with the terms of
the | ||||||
7 | contract as it relates to financial matters, including but not | ||||||
8 | limited
to the amount charged to the purchasing Fire Protection | ||||||
9 | District. To the
extent possible, the financial statements of | ||||||
10 | the providing organization
shall segregate accounts relating | ||||||
11 | to fire protection service transactions
and present them as a | ||||||
12 | separate fund or as a separate department within a
fund. A copy | ||||||
13 | of the providing organization audit report shall be furnished
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14 | to the purchasing Fire Protection District within 6 months | ||||||
15 | after the close
of the fiscal year of the organization | ||||||
16 | providing the fire protection
services. Within 15 days after | ||||||
17 | the first meeting of the board of directors
or trustees of the | ||||||
18 | organization providing the fire protection services that
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19 | occurs after receiving the audit report, the organization | ||||||
20 | providing the
fire protection services shall publish excerpts | ||||||
21 | from the audit report that
relate to fire protection service | ||||||
22 | operations in accordance with Section 7
of this Act. When fire | ||||||
23 | protection services are rendered in more than one
geographic | ||||||
24 | area, publication or distribution should be made in each
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25 | geographic area served.
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26 | (Source: P.A. 86-216; 86-1023.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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