Bill Text: IL HB1362 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 11a as follows:
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6 | (70 ILCS 705/11a) (from Ch. 127 1/2, par. 31a)
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7 | Sec. 11a.
The Board of Trustees of any fire protection | ||||||
8 | district organized
hereunder may contract with any corporation | ||||||
9 | organized to furnish fire
protection service or with any | ||||||
10 | association organized to furnish fire
protection service or | ||||||
11 | with any city, village, incorporated town, or
organized fire | ||||||
12 | protection district lying adjacent to such district for fire
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13 | protection service to be furnished by such corporation or such | ||||||
14 | association
or such municipality or fire protection district | ||||||
15 | for the property within
such district or to be furnished by | ||||||
16 | such district for the property within
such municipality. The |
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1 | board of trustees may also contract for the
installation, | ||||||
2 | rental or use of fire hydrants within the fire protection
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3 | district and for the furnishing of water to be used within such | ||||||
4 | district
for fire protection purposes, and for mutual aid from | ||||||
5 | and to other fire
protection districts, and for mutual aid from | ||||||
6 | and to corporations and
associations organized to furnish fire | ||||||
7 | protection service and for mutual
aid from and to | ||||||
8 | municipalities.
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9 | A municipality's fiscal obligations for fire protection | ||||||
10 | services under a contract with a fire protection district | ||||||
11 | entered into under this Section shall comply with the Local | ||||||
12 | Government Prompt Payment Act. If the municipality fails to | ||||||
13 | make the payment required under the contract to the fire | ||||||
14 | protection district more than 180 days after the payment is | ||||||
15 | due, then the fire protection district may, after giving notice | ||||||
16 | to the municipality, certify to the State Comptroller the | ||||||
17 | amounts of the delinquent payments, including any interest | ||||||
18 | thereon as provided in the Local Government Prompt Payment Act, | ||||||
19 | and the State Comptroller must, beginning with the following | ||||||
20 | fiscal year, deduct and deposit into the fire protection | ||||||
21 | district's general operating fund the certified amounts from | ||||||
22 | grants of State funds to the municipality, if applicable. The | ||||||
23 | State Comptroller may not deduct from any grants of State funds | ||||||
24 | to the municipality more than the amount certified by the fire | ||||||
25 | protection district to the State Comptroller. | ||||||
26 | When the Board of Trustees of a Fire Protection District |
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1 | purchases fire
protection services from an organization | ||||||
2 | (specifically including without
limitation a city, village, | ||||||
3 | incorporated town, or adjacent fire protection
district) that | ||||||
4 | is required to be audited by "An Act in relation to audits
of | ||||||
5 | the accounts of certain governmental units and to repeal an Act | ||||||
6 | therein
named", approved May 10, 1967, or by The Illinois | ||||||
7 | Municipal Auditing Law,
the scope of the audit of the | ||||||
8 | organization providing the fire protection
services shall be | ||||||
9 | expanded to require the licensed public accountant
performing | ||||||
10 | the audit to specifically report on compliance with the terms | ||||||
11 | of
the contract as it relates to financial matters, including | ||||||
12 | but not limited
to the amount charged to the purchasing Fire | ||||||
13 | Protection District. To the
extent possible, the financial | ||||||
14 | statements of the providing organization
shall segregate | ||||||
15 | accounts relating to fire protection service transactions
and | ||||||
16 | present them as a separate fund or as a separate department | ||||||
17 | within a
fund. A copy of the providing organization audit | ||||||
18 | report shall be furnished
to the purchasing Fire Protection | ||||||
19 | District within 6 months after the close
of the fiscal year of | ||||||
20 | the organization providing the fire protection services.
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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 not-for-profit | ||||||
24 | corporation or a for-profit corporation or
association) that is | ||||||
25 | not 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 organization providing the fire | ||||||
3 | protection services shall
employ a person licensed to practice | ||||||
4 | public accounting under the laws of
this State to annually | ||||||
5 | audit the providing organization's financial
statements of all | ||||||
6 | accounts, funds, and other moneys in the care, custody,
or | ||||||
7 | control of the providing organization. Such audit shall be | ||||||
8 | conducted in
accordance with Generally Accepted Auditing | ||||||
9 | Standards and the scope of such
audit shall be expanded to | ||||||
10 | require the licensed public accountant
performing the audit to | ||||||
11 | specifically report on compliance with the terms of
the | ||||||
12 | contract as it relates to financial matters, including but not | ||||||
13 | limited
to the amount charged to the purchasing Fire Protection | ||||||
14 | District. To the
extent possible, the financial statements of | ||||||
15 | the providing organization
shall segregate accounts relating | ||||||
16 | to fire protection service transactions
and present them as a | ||||||
17 | separate fund or as a separate department within a
fund. A copy | ||||||
18 | of the providing organization audit report shall be furnished
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19 | to the purchasing Fire Protection District within 6 months | ||||||
20 | after the close
of the fiscal year of the organization | ||||||
21 | providing the fire protection
services. Within 15 days after | ||||||
22 | the first meeting of the board of directors
or trustees of the | ||||||
23 | organization providing the fire protection services that
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24 | occurs after receiving the audit report, the organization | ||||||
25 | providing the
fire protection services shall publish excerpts | ||||||
26 | from the audit report that
relate to fire protection service |
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1 | operations in accordance with Section 7
of this Act. When fire | ||||||
2 | protection services are rendered in more than one
geographic | ||||||
3 | area, publication or distribution should be made in each
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4 | geographic area served.
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5 | (Source: P.A. 86-216; 86-1023.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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