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Public Act 92-0582
HB6034 Enrolled LRB9214884BDdvA
AN ACT concerning audits and reports.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Funds Statement Publication Act is
amended by changing Section 1 as follows:
(30 ILCS 15/1) (from Ch. 102, par. 5)
Sec. 1. Except as provided in Section 2.1, each public
officer, other than a state officer, (and other than a city
or village treasurer or municipal officer who is required by
Article 3 of the Illinois Municipal Code, approved May 29,
1961, as heretofore and hereafter amended, to file an annual
report to the city council or board of trustees which report
is required to be published, and other than a treasurer of a
city, village or incorporated town, who is required to file
an account with the municipal clerk, which account is
published as required by "An Act in relation to the
preparation, publication and filing of annual accounts of
certain municipalities, the payment of tax monies to
treasurers of certain municipalities, and providing penalties
for violations thereof", approved August 15, 1961, as
heretofore and hereafter amended), who, by virtue of his
office receives for disbursement and disburses public funds
in the discharge of governmental or municipal debts and
liabilities, shall, at the expiration of each fiscal year,
prepare a statement:
(1) Of all moneys received and from what sources
received, giving items, particulars and details;
(2) Except as provided in paragraph (3) of this
Section, of all moneys paid out where the total amount
paid during the fiscal year exceeds $2,500 in the
aggregate, giving the name of each individual to whom
paid and the amount paid to each person;
(3) Of all monies paid out as compensation for
personal services, giving the name of each individual to
whom paid and the total amount paid to each person,
except that any public officer may elect to report the
compensation for personal services of all personnel by
name, listing each employee in one of the following
categories:
(A) under $25,000.00;
(B) $25,000.00 to $49,999.99;
(C) $50,000.00 to $74,999.99;
(D) $75,000.00 to $99,999.99;
(E) $100,000.00 to $124,999.99; or
(F) $125,000.00 and over; and
(4) A summary statement of operations for all funds
and account groups, as excerpted from the annual
financial report as filed with the appropriate State
agency of the State of Illinois.
Such statement shall be subscribed and sworn to by the
public officer making such statement, and, within 6 months
after the expiration of such fiscal year shall be filed in
the office of the county clerk of the county in which such
public officer resides.
(Source: P.A. 92-354, eff. 8-15-01.)
Section 10. The Governmental Account Audit Act is
amended by changing Sections 1, 3, and 6 as follows:
(50 ILCS 310/1) (from Ch. 85, par. 701)
Sec. 1. Definitions. As used in this Act, unless the
context otherwise indicates:
"Governmental unit" or "unit" includes all municipal
corporations in and political subdivisions of this State that
appropriate more than $5,000 for a fiscal year, with the
amount to increase or decrease by the amount of the Consumer
Price Index (CPI) as reported on January 1 of each year,
except the following:
(1) School districts.
(2) Cities, villages, and incorporated towns
subject to the Municipal Auditing Law, as contained in
the Illinois Municipal Code, and cities that file a
report with the Comptroller under Section 3.1-35-115 of
the Illinois Municipal Code.
(3) Counties with a population of 1,000,000 or
more.
(4) Counties subject to the County Auditing Law.
(5) Any other municipal corporations in or
political subdivisions of this State, the accounts of
which are required by law to be audited by or under the
direction of the Auditor General.
(6) (Blank).
(7) A drainage district, established under the
Illinois Drainage Code (70 ILCS 605), that did not
receive or expend any moneys during the immediately
preceding fiscal year or obtains approval for assessments
and expenditures through the circuit court.
(8) Public housing authorities that submit
financial reports to the U.S. Department of Housing and
Urban Development.
"Governing body" means the board or other body or
officers having authority to levy taxes, make appropriations,
authorize the expenditure of public funds or approve claims
for any governmental unit.
"Comptroller" means the Comptroller of the State of
Illinois.
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Licensed public accountant" means the holder of a valid
certificate as a public accountant under the Illinois Public
Accounting Act.
"Audit report" means the written report of the licensed
public accountant and all appended statements and schedules
relating to that report, presenting or recording the findings
of an examination or audit of the financial transactions,
affairs, or conditions of a governmental unit.
"Report" includes both audit reports and reports filed
instead of an audit report by a governmental unit receiving
revenue of less than $850,000 appropriating less than
$200,000 during any fiscal year to which the reports relate.
(Source: P.A. 92-191, eff. 8-1-01.)
(50 ILCS 310/3) (from Ch. 85, par. 703)
Sec. 3. Any governmental unit receiving revenue of less
than $850,000 appropriating less than $200,000 for any fiscal
year shall, in lieu of complying with the requirements of
Section 2 for audits and audit reports, file with the
Comptroller a financial report containing information
required by the Comptroller. In addition, a governmental
unit receiving revenue of less than $850,000 appropriating
less than $200,000 may file with the Comptroller any audit
reports which may have been prepared under any other law. Any
governmental unit receiving revenue of $850,000 appropriating
$200,000 or more for any fiscal year shall, in addition to
complying with the requirements of Section 2 for audits and
audit reports, file with the Comptroller the financial report
required by this Section. Such financial reports shall be on
forms so designed by the Comptroller as not to require
professional accounting services for its preparation.
(Source: P.A. 90-104, eff. 7-11-97.)
(50 ILCS 310/6) (from Ch. 85, par. 706)
Sec. 6. When the audit is completed the licensed public
accountant making such audit shall make and sign at least 3
copies of the report of the audit and immediately file them
with the governmental unit audited. Governmental units
receiving revenue of $850,000 appropriating $200,000 or more
for any fiscal year shall immediately make one copy of the
audit report and one copy of the financial report required by
Section 3 of this Act a part of its public record.
Governmental units receiving revenue of less than $850,000
appropriating less than $200,000 shall immediately make one
copy of the audit report, or one copy of the report
authorized by Section 3 of this Act to be filed instead of
the audit report, a part of its public record. These copies
shall be open to public inspection. In addition, the
governmental unit shall file one copy of the report with the
Comptroller and with the county clerk of the county in which
the principal office of the governmental unit is located. A
governmental unit may, in filing its audit report with the
Comptroller, transmit with such report any comment or
explanation that it wishes to make concerning the report.
(Source: P.A. 82-422.)
Section 15. The Township Code is amended by changing
Section 80-20 as follows:
(60 ILCS 1/80-20)
Sec. 80-20. Independent audit of accounts.
(a) All accounts audited under this Article (and those
rejected, if any) shall be delivered with the certificate of
the trustees (or a majority of them) to the township clerk,
who shall keep them on file for the inspection of any of the
inhabitants of the township. They shall also be produced by
the township clerk at the next annual meeting and shall be
read at the meeting by the clerk.
(b) In townships that receive revenue of $850,000
appropriate $200,000 or more during any fiscal year,
exclusive of road funds, the township board shall have the
accounts and all records of the township thoroughly audited
by a certified public accountant within 6 months after the
close of each fiscal year. The board shall have a copy of
the accountant's report and recommendations filed with the
township clerk and another copy filed with the county clerk
for public inspection.
(c) In townships that receive revenue of less than
$850,000 appropriate less than $200,000 during any fiscal
year, exclusive of road funds, the township board shall have
the accounts and all records of the township audited and
inspected by an independent auditing committee composed of 3
township electors chosen by the board. The audit shall be
completed within 6 months after the close of each fiscal
year. A copy of the auditing committee's report and
recommendations shall be filed with the township clerk and
another copy shall be filed with the county clerk for public
inspection. The auditing committee shall not contain any
member of the township board or any person related to a
trustee. Members of the auditing committee shall be
proficient in accounting principles and practices and shall
be compensated at a rate determined by the township board but
not to exceed $50 per day. In addition to the other audit
requirements imposed by law, in townships subject to this
subsection, the township board shall have the accounts and
all records of the township thoroughly audited by a certified
public accountant within 6 months after (i) the end of each
term of office of the township supervisor and (ii) a vacancy
occurs in the office of township supervisor. A copy of the
accountant's report and recommendations shall be filed with
the township clerk and another copy shall be filed with the
county clerk for public inspection.
(Source: P.A. 90-210, eff. 7-25-97.)
Section 99. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly May 08, 2002.
Approved June 26, 2002.
Effective July 01, 2002.
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