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

Rep. Jim Durkin

Filed: 2/24/2011

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1
AMENDMENT TO HOUSE BILL 1362
2 AMENDMENT NO. ______. Amend House Bill 1362 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Fire Protection District Act is amended by
5changing Section 11a as follows:
6 (70 ILCS 705/11a) (from Ch. 127 1/2, par. 31a)
7 Sec. 11a. The Board of Trustees of any fire protection
8district organized hereunder may contract with any corporation
9organized to furnish fire protection service or with any
10association organized to furnish fire protection service or
11with any city, village, incorporated town, or organized fire
12protection district lying adjacent to such district for fire
13protection service to be furnished by such corporation or such
14association or such municipality or fire protection district
15for the property within such district or to be furnished by
16such district for the property within such municipality. The

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1board of trustees may also contract for the installation,
2rental or use of fire hydrants within the fire protection
3district and for the furnishing of water to be used within such
4district for fire protection purposes, and for mutual aid from
5and to other fire protection districts, and for mutual aid from
6and to corporations and associations organized to furnish fire
7protection service and for mutual aid from and to
8municipalities.
9 A municipality's fiscal obligations for fire protection
10services under a contract with a fire protection district
11entered into under this Section shall comply with the Local
12Government Prompt Payment Act. If the municipality fails to
13make the payment required under the contract to the fire
14protection district more than 180 days after the payment is
15due, then the fire protection district may, after giving notice
16to the municipality, certify to the State Comptroller the
17amounts of the delinquent payments, including any interest
18thereon as provided in the Local Government Prompt Payment Act,
19and the State Comptroller must, beginning with the following
20fiscal year, deduct and deposit into the fire protection
21district's general operating fund the certified amounts from
22grants of State funds to the municipality, if applicable. The
23State Comptroller may not deduct from any grants of State funds
24to the municipality more than the amount certified by the fire
25protection district to the State Comptroller.
26 When the Board of Trustees of a Fire Protection District

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1purchases fire protection services from an organization
2(specifically including without limitation a city, village,
3incorporated town, or adjacent fire protection district) that
4is required to be audited by "An Act in relation to audits of
5the accounts of certain governmental units and to repeal an Act
6therein named", approved May 10, 1967, or by The Illinois
7Municipal Auditing Law, the scope of the audit of the
8organization providing the fire protection services shall be
9expanded to require the licensed public accountant performing
10the audit to specifically report on compliance with the terms
11of the contract as it relates to financial matters, including
12but not limited to the amount charged to the purchasing Fire
13Protection District. To the extent possible, the financial
14statements of the providing organization shall segregate
15accounts relating to fire protection service transactions and
16present them as a separate fund or as a separate department
17within a fund. A copy of the providing organization audit
18report shall be furnished to the purchasing Fire Protection
19District within 6 months after the close of the fiscal year of
20the organization providing the fire protection services.
21 When the Board of Trustees of a Fire Protection District
22purchases fire protection services from an organization
23(specifically including without limitation a not-for-profit
24corporation or a for-profit corporation or association) that is
25not required to be audited by "An Act in relation to audits of
26the accounts of certain governmental units and to repeal an Act

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1therein named", approved May 10, 1967, or by The Illinois
2Municipal Auditing Law, the organization providing the fire
3protection services shall employ a person licensed to practice
4public accounting under the laws of this State to annually
5audit the providing organization's financial statements of all
6accounts, funds, and other moneys in the care, custody, or
7control of the providing organization. Such audit shall be
8conducted in accordance with Generally Accepted Auditing
9Standards and the scope of such audit shall be expanded to
10require the licensed public accountant performing the audit to
11specifically report on compliance with the terms of the
12contract as it relates to financial matters, including but not
13limited to the amount charged to the purchasing Fire Protection
14District. To the extent possible, the financial statements of
15the providing organization shall segregate accounts relating
16to fire protection service transactions and present them as a
17separate fund or as a separate department within a fund. A copy
18of the providing organization audit report shall be furnished
19to the purchasing Fire Protection District within 6 months
20after the close of the fiscal year of the organization
21providing the fire protection services. Within 15 days after
22the first meeting of the board of directors or trustees of the
23organization providing the fire protection services that
24occurs after receiving the audit report, the organization
25providing the fire protection services shall publish excerpts
26from the audit report that relate to fire protection service

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1operations in accordance with Section 7 of this Act. When fire
2protection services are rendered in more than one geographic
3area, publication or distribution should be made in each
4geographic area served.
5(Source: P.A. 86-216; 86-1023.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law.".
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