Bill Text: IL HB1362 | 2011-2012 | 97th General Assembly | Introduced
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-Introduced.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-Introduced.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning local government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing 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 | ||||||
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
| ||||||
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 | ||||||
17 | board of trustees may also contract for the
installation, | ||||||
18 | rental or use of fire hydrants within the fire protection
| ||||||
19 | district and for the furnishing of water to be used within such | ||||||
20 | district
for fire protection purposes, and for mutual aid from | ||||||
21 | and to other fire
protection districts, and for mutual aid from | ||||||
22 | and to corporations and
associations organized to furnish fire | ||||||
23 | protection service and for mutual
aid from and to |
| |||||||
| |||||||
1 | municipalities.
| ||||||
2 | A municipality's fiscal obligations for fire protection
| ||||||
3 | services under a contract with a fire protection district
| ||||||
4 | entered into under this Section shall comply with the Local
| ||||||
5 | Government Prompt Payment Act.
If a municipality fails to make | ||||||
6 | a payment within 90 days, an interest penalty of 1% of any | ||||||
7 | amount approved and unpaid shall be added for each 90 days or | ||||||
8 | fraction thereof after the expiration of the 90 day period, | ||||||
9 | until final payment is made. In the case of an action in court | ||||||
10 | to collect delinquent fees from a contract for services between | ||||||
11 | a municipality and a fire protection district, the losing party | ||||||
12 | shall pay all reasonable legal fees incurred in the proceeding. | ||||||
13 | When the Board of Trustees of a Fire Protection District | ||||||
14 | purchases fire
protection services from an organization | ||||||
15 | (specifically including without
limitation a city, village, | ||||||
16 | incorporated town, or adjacent fire protection
district) that | ||||||
17 | is required to be audited by "An Act in relation to audits
of | ||||||
18 | the accounts of certain governmental units and to repeal an Act | ||||||
19 | therein
named", approved May 10, 1967, or by The Illinois | ||||||
20 | Municipal Auditing Law,
the scope of the audit of the | ||||||
21 | organization providing the fire protection
services shall be | ||||||
22 | expanded to require the licensed public accountant
performing | ||||||
23 | the audit to specifically report on compliance with the terms | ||||||
24 | of
the contract as it relates to financial matters, including | ||||||
25 | but not limited
to the amount charged to the purchasing Fire | ||||||
26 | Protection District. To the
extent possible, the financial |
| |||||||
| |||||||
1 | statements of the providing organization
shall segregate | ||||||
2 | accounts relating to fire protection service transactions
and | ||||||
3 | present them as a separate fund or as a separate department | ||||||
4 | within a
fund. A copy of the providing organization audit | ||||||
5 | report shall be furnished
to the purchasing Fire Protection | ||||||
6 | District within 6 months after the close
of the fiscal year of | ||||||
7 | the organization providing the fire protection services.
| ||||||
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 not-for-profit | ||||||
11 | corporation or a for-profit corporation or
association) that is | ||||||
12 | not required to be audited by "An Act in relation to
audits of | ||||||
13 | the accounts of certain governmental units and to repeal an Act
| ||||||
14 | therein named", approved May 10, 1967, or by The Illinois | ||||||
15 | Municipal
Auditing Law, the organization providing the fire | ||||||
16 | protection services shall
employ a person licensed to practice | ||||||
17 | public accounting under the laws of
this State to annually | ||||||
18 | audit the providing organization's financial
statements of all | ||||||
19 | accounts, funds, and other moneys in the care, custody,
or | ||||||
20 | control of the providing organization. Such audit shall be | ||||||
21 | conducted in
accordance with Generally Accepted Auditing | ||||||
22 | Standards and the scope of such
audit shall be expanded to | ||||||
23 | require the licensed public accountant
performing the audit to | ||||||
24 | specifically report on compliance with the terms of
the | ||||||
25 | contract as it relates to financial matters, including but not | ||||||
26 | limited
to the amount charged to the purchasing Fire Protection |
| |||||||
| |||||||
1 | District. To the
extent possible, the financial statements of | ||||||
2 | the providing organization
shall segregate accounts relating | ||||||
3 | to fire protection service transactions
and present them as a | ||||||
4 | separate fund or as a separate department within a
fund. A copy | ||||||
5 | of the providing organization audit report shall be furnished
| ||||||
6 | to the purchasing Fire Protection District within 6 months | ||||||
7 | after the close
of the fiscal year of the organization | ||||||
8 | providing the fire protection
services. Within 15 days after | ||||||
9 | the first meeting of the board of directors
or trustees of the | ||||||
10 | organization providing the fire protection services that
| ||||||
11 | occurs after receiving the audit report, the organization | ||||||
12 | providing the
fire protection services shall publish excerpts | ||||||
13 | from the audit report that
relate to fire protection service | ||||||
14 | operations in accordance with Section 7
of this Act. When fire | ||||||
15 | protection services are rendered in more than one
geographic | ||||||
16 | area, publication or distribution should be made in each
| ||||||
17 | geographic area served.
| ||||||
18 | (Source: P.A. 86-216; 86-1023.)
|