HB5391 EngrossedLRB104 18487 RTM 31929 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Government Reporting Enhancement and Transparency Act.
 
7    Section 1-5. Purpose. The purpose of this Act is to
8establish a uniform, simplified reporting framework for local
9government reporting requirements to the Comptroller with an
10independent review process.
 
11    Section 1-10. Definitions. In this Act:
12    "Agreed-upon procedures" or "AUPs" is an attestation
13engagement performed in accordance with attestation standards
14established by the American Institute of Certified Public
15Accountants where a CPA firm performs specific procedures on
16financial or non-financial information and reports the CPA
17firm's findings without providing an opinion or conclusion.
18    "Annual cash receipts from all external sources" means all
19cash received by a local government from sources outside of
20the local government itself without duplication.
21    "Annual cash receipts from all external sources" includes,

 

 

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1but is not limited to, cash receipts from:
2        (1) all tax revenues of any kind, whether ad valorem,
3    sales, use, excise, special, or otherwise;
4        (2) all fees, charges, assessments, fines,
5    forfeitures, service charges, and other similar revenues;
6        (3) all grants, reimbursements, shared revenues, or
7    other intergovernmental revenues received from the federal
8    government, any state, or any other political subdivision
9    or public entity;
10        (4) all interest earnings and investment income;
11        (5) deposits and similar unearned income;
12        (6) all noncapital financing activities;
13        (7) all contributions, donations, gifts, and payments
14    received from private persons, entities, nonprofit
15    organizations, or other nongovernmental sources; and
16        (8) any other cash inflows received from third
17    parties:
18            (A) in exchange for goods or services;
19            (B) under applicable law; or
20            (C) from activities not otherwise excluded under
21        this definition.
22    "Annual cash receipts from all external sources" does not
23include cash receipts from:
24        (1) any entity included within the local government's
25    financial reporting entity, except for discretely
26    presented component units;

 

 

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1        (2) the return of principal from investments or
2    similar financial arrangements, including, but not limited
3    to:
4            (A) certificates of deposit;
5            (B) money market accounts or money market funds;
6            (C) treasury bills, notes, or other government
7        securities;
8            (D) repurchase agreements;
9            (E) commercial paper;
10            (F) corporate bonds or other debt securities;
11            (G) guaranteed investment contracts;
12            (H) external investment pools;
13            (I) time deposits; or
14            (J) other interest-bearing financial instruments
15        held for income or capital preservation;
16        (3) collections of principal on outstanding loans or
17    advances made by the local government;
18        (4) proceeds of indebtedness, including the principal
19    amount and any premium received from the issuance of
20    bonds, notes, or other debt obligations;
21        (5) refunds received related to an erroneous payment
22    or overpayment made by the local government;
23        (6) interfund activity, including, but not limited to,
24    transfers, reimbursements, loans, and interfund services
25    provided or used;
26        (7) any transaction that is a capital or

 

 

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1    capital-related financing activity except for capital
2    grants; or
3        (8) any other transaction that constitutes a
4    conversion of assets rather than revenue.
5    "Attorney General" means the Attorney General of the State
6of Illinois.
7    "Audit committee" means a subcommittee of the responsible
8officials of a local government responsible for overseeing
9financial reporting, monitoring internal controls, receiving
10and reviewing internal audit reports and reports prepared by
11an independent CPA firm, providing guidance on accounting,
12auditing, and financial reporting matters, and recommending
13the selection, retention, and compensation of the local
14government's independent CPA firm.
15    "Cash basis of accounting" means a method of accounting
16under which revenues are recognized only when cash is received
17and expenses are recognized only when cash is paid, without
18regard to when the related income is earned or obligations are
19incurred. For an entity that qualifies as a government under
20applicable guidance issued by the American Institute of
21Certified Public Accountants, the term means a method of
22accounting applied within the framework of funds recognized
23under GAAP promulgated by the Governmental Accounting
24Standards Board, under which assets, liabilities, deferred
25inflows of resources, and deferred outflows of resources that
26do not involve cash are not recorded, inflows of resources are

 

 

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1recognized when cash is received by a fund, outflows of
2resources are recognized when cash is disbursed by a fund, and
3fund balances or net position categories reflect only
4available cash classified in accordance with categories
5prescribed by the Governmental Accounting Standards Board.
6    "Comptroller" means the Comptroller of the State of
7Illinois.
8    "Compliance examination" means an assertion-based
9examination engagement performed in accordance with
10attestation standards established by the American Institute of
11Certified Public Accountants where the objectives of a CPA
12firm are to:
13        (1) obtain reasonable assurance about whether the
14    subject matter as measured or evaluated against the
15    criteria is free from material misstatement;
16        (2) express an opinion in a written report about
17    whether the subject matter is in accordance with or based
18    on the criteria, in all material respects, or the
19    responsible party's assertion is fairly stated, in all
20    material respects; and
21        (3) communicate as required by the relevant sections
22    of the attestation standards.
23    "Consumer Price Index" means the Consumer Price Index for
24All Urban Consumers (CPI-U) published by the U.S. Bureau of
25Labor Statistics, or its successor index, used to adjust
26dollar amounts for inflation.

 

 

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1    "CPA" means a licensed certified public accountant.
2    "CPA firm" means a sole proprietorship, corporation,
3registered limited liability partnership, professional limited
4liability company, partnership, professional service
5corporation, or any other form of organization issued a
6license in accordance with the Illinois Public Accounting Act
7or a CPA firm authorized to use the CPA firm title under
8Section 5.2 of the Illinois Public Accounting Act.
9    "Corporate authorities" means:
10        (1) the mayor and alderpersons or similar body when
11    the reference is to cities;
12        (2) the president and trustees or similar body when
13    the reference is to villages or incorporated towns; and
14        (3) the council when the reference is to
15    municipalities under the commission form of municipal
16    government.
17    "Generally accepted accounting principles" or "GAAP" means
18the body of accounting principles, standards, conventions,
19rules, and procedures that are authoritatively established and
20generally accepted in the United States of America as of the
21relevant date.
22    "Generally accepted auditing standards" or "GAAS" means
23the professional standards governing the conduct of financial
24statement audits in the United States of America, as
25authoritatively established and generally accepted from time
26to time by the Auditing Standards Board of the American

 

 

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1Institute of Certified Public Accountants as of the relevant
2date.
3    "Generally accepted government auditing standards" or
4"GAGAS" means the professional auditing standards applicable
5in the United States of America for audits of government
6organizations, government programs, activities, and functions,
7and for audits of entities that receive government awards, as
8authoritatively issued and maintained by the Comptroller
9General of the United States through the U.S. Government
10Accountability Office as of the relevant date.
11    "Guidelines" means the guidelines developed, maintained,
12and published by the Comptroller under Section 15-25.
13    "Independent elector" means an individual who is a
14qualified elector of the local government and who has no
15direct or indirect financial interest in, and no familial
16relationship with, any officer, employee, or vendor of the
17local government other than their service as an independent
18elector. For the purposes of this subsection, familial
19interest means any direct or indirect relationship by blood,
20marriage, domestic partnership, or adoption between an
21individual participating in the audit selection process and
22any owner, partner, principal, or employee of a responding CPA
23firm, including, but not limited to, a spouse or domestic
24partner, parent, stepparent, child, stepchild, adopted child,
25sibling, stepsibling, half-sibling, grandparent, grandchild,
26or any relative residing in the same household.

 

 

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1    "Licensed certified public accountant" means a certified
2public accountant who holds a license issued by the Department
3of Financial and Professional Regulation or an individual
4authorized to use the CPA title under Section 5.2 of the
5Illinois Public Accounting Act.
6    "Listing" means the listing of all local governments
7within the State that are currently seeking an independent CPA
8firm for auditing, attestation, or related professional
9accounting services established under Section 5-10.
10    "Local government" means any general or special purpose
11political subdivision of the State of Illinois, except for
12school districts or an entity subject to mandatory annual or
13biennial post-audits which are required to be audited by or
14under the direction of the Auditor General.
15    "Local Government Advisory Board" means the State
16Comptroller Local Government Advisory Board established under
17Section 22.1 of the State Comptroller Act.
18    "Local Government Registry" means the local government
19registry administered by the Comptroller created under Section
2015-5.
21    "Management" means the persons with the executive
22responsibility for the conduct of the local government's
23operations, which may include some or all of the Responsible
24Officials.
25    "Request for qualifications" or "RFQ" means a solicitation
26issued by the responsible officials of a local government to

 

 

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1identify CPA firms possessing the professional qualifications,
2experience, and capability to provide high-quality auditing,
3attestation, or related professional accounting services.
4    "Responsible and responsive firm" means a CPA firm that
5meets all the requirements of the RFQ and demonstrates the
6ability to perform the required services satisfactorily.
7    "Responsible officials" means the elected or appointed
8persons charged with governance and the responsibility for
9overseeing the strategic direction of the local government and
10the obligations related to the accountability of the local
11government.
12    "Single audit" means an engagement performed in accordance
13with the audit requirements of Title 2 of the Code of Federal
14Regulations Part 200, Uniform Administrative Requirements,
15Cost Principles, and Audit Requirements for Federal Awards.
16    "Statewide CPA organization" means a professional
17association organized and operating within the State whose
18membership consists primarily of CPAs, and which is designated
19by the Comptroller for purposes of professional consultation
20regarding accounting, auditing and attestation engagements,
21financial reporting, and other related matters.
22    "Statewide organization representing circuit clerks" means
23a professional association organized and operating within the
24State whose membership consists primarily of circuit clerks
25and is designated by the Comptroller for the purposes of
26professional consultation regarding the fiscal and

 

 

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1administrative operations of circuit clerks.
2    "Template" means the template for the applicable fiscal
3year created and published by the Comptroller under Section
415-10.
 
5
Article 5. SELECTION, RETENTION, AND COMPENSATION OF A CPA
6
FIRM

 
7    Section 5-5. Purpose. The purpose of this Article is to
8establish a fair, transparent, and competitive process for the
9selection of a local government's independent CPA firm,
10ensuring the engagement team as a whole is qualified,
11competent, and capable of providing high-quality auditing,
12attestation, or related professional accounting services in
13accordance with applicable laws, regulations, and professional
14standards.
 
15    Section 5-10. Posting requests for CPA firms.
16    (a) The Comptroller shall maintain and publish on the
17Comptroller's official website a publicly accessible,
18up-to-date listing of all local governments within the State
19that are currently seeking an independent CPA firm for
20auditing, attestation, or related professional accounting
21services.
22    (b) The listing shall include, at a minimum, the name and
23contact information of the local government, the local

 

 

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1government's RFQ, the deadline for the submission of responses
2to the local government's audit committee or responsible
3officials, and any other information deemed useful by the
4Comptroller.
5    (c) The Comptroller shall provide guidance, technical
6assistance, and other resources to responsible officials to
7support the selection of a qualified independent CPA firm for
8auditing, attestation, or related professional accounting
9services at each local government. The assistance provided by
10the Comptroller may include, but is not limited to, (i)
11guidance on the preparation and posting of a RFQ, including a
12draft fillable RFQ, (ii) best practices for evaluating the
13qualifications, independence, and experience of prospective
14CPA firms, (iii) sample engagement agreements, contract terms,
15and compensation arrangements consistent with professional
16standards and State law, (iv) guides or checklists for
17documenting the selection process and rationale for CPA firm
18retention, and (v) technical advice on compliance with
19applicable professional auditing standards and ethical
20requirements.
21    (d) All guidance, checklists, and informational resources
22provided by the Comptroller shall be made publicly available
23on the Comptroller's official website to ensure transparency
24and facilitate ease of access by responsible officials.
 
25    Section 5-15. Transition fiscal years.

 

 

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1    (a) The Comptroller shall assign and publish on the
2Comptroller's official website each local government a
3transition fiscal year for fiscal years beginning after
4December 31, 2027 through fiscal year beginning after December
531, 2033, inclusive, no later than June 30, 2027. In
6determining a local government's transition year, the
7Comptroller shall, to the extent practicable, consider (i) the
8size of the local government, (ii) the scope and complexity of
9the auditing, attestation, or related professional accounting
10services required by the local government, (iii) the local
11government's geographic region, (iv) the number of local
12governments anticipated to need to issue a RFQ during the
13earlier initial transition years, and (v) CPA firm capacity to
14balance the amount of RFQs during each fiscal year.
15    (b) During the transition year assigned by the
16Comptroller, the responsible officials of a local government
17shall initiate the independent CPA firm selection process by
18issuing a public RFQ for auditing, attestation, or related
19professional accounting services under Section 5-20.
20    (c) The responsible officials of a local government shall
21initiate the independent CPA firm selection process by issuing
22a public RFQ for auditing, attestation, or related
23professional accounting services under Section 5-20 earlier
24than the Comptroller's assigned transition year if the local
25government's current auditor was not retained under Section
265-25 or the local government did not have an independent CPA

 

 

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1firm engaged for the immediately preceding fiscal year.
 
2    Section 5-20. Independent CPA firm selection process.
3    (a) At least once every 8 fiscal years, responsible
4officials of a local government shall initiate the independent
5CPA firm selection process by issuing a public RFQ for
6auditing, attestation, or related professional accounting
7services.
8    (b) The responsible officials or audit committee if
9designated by the responsible officials shall develop a RFQ
10which includes:
11        (1) a detailed description of the scope of services to
12    be provided;
13        (2) deadlines for the delivery of anticipated reports,
14    consistent with applicable laws, regulations, and
15    contractual requirements;
16        (3) minimum required qualifications for CPA firms;
17        (4) a request for responding CPA firms to provide
18    information demonstrating their qualifications,
19    including, but not limited to, the CPA firm's (i)
20    professional qualifications and certifications, (ii)
21    independence and continuing professional education, (iii)
22    current peer review report and related letter of comments
23    or a description why the CPA firm is not required to have a
24    current peer review report, (iv) relevant governmental
25    experience, (v) relevant experience with similar entities

 

 

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1    (vi) past performance and references, (vii) a description
2    of the anticipated scope of services, (viii) evidence
3    about the capacity of proposed team members to complete
4    the engagement within the required timelines, and (ix)
5    contact information for an individual authorized to
6    negotiate with the price negotiator on behalf of the CPA
7    firm; and
8        (5) the submission deadline, as well as the required
9    format and delivery method for responding CPA firms to
10    submit their written response to the RFQ, including all
11    requested documentation, to either the responsible
12    officials or audit committee, as determined by the
13    responsible officials.
14    (c) The responsible officials shall approve the RFQ
15developed under subsection (b).
16    (d) The RFQ approved by the responsible officials shall be
17posted to the listing on the Comptroller's website for no
18fewer than 21 calendar days prior to the submission deadline.
19    (e) The responsible officials shall determine whether all
20submissions received shall be reviewed by either the entire
21body of responsible officials or the audit committee.
22    (f) The responsible officials shall designate one of its
23members to serve as the price negotiator who is not a member of
24management, unless all of the responsible officials are also
25members of management.
26    (g) All submissions received in response to the RFQ shall

 

 

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1be reviewed to determine responsible and responsive firms.
2    (h) Each responsible and responsive firm shall be ranked
3and a shortlist of the most qualified CPA firms shall be
4prepared for further consideration.
5    (i) Upon establishing the shortlist, the price negotiator
6shall request detailed fixed-fee pricing proposals from each
7shortlisted firm via electronic mail, directed to the
8individual authorized to negotiate on behalf of the firm from
9the RFQ. The price negotiator shall establish a submission
10deadline for the pricing proposals, which shall be no fewer
11than 5 calendar days from the date of the request, and shall
12specify the required format and delivery method for the
13proposals.
14    (j) After receiving pricing proposals, the price
15negotiator may engage in further negotiations with the
16highest-ranked respondent to achieve a fair and reasonable
17fixed-fee price reflecting the scope, complexity, and
18professional standards of the engagement. If a mutually
19acceptable price cannot be reached, negotiations shall proceed
20down the shortlist until a fair and reasonable fixed-fee price
21reflecting the scope, complexity, and professional standards
22of the engagement is reached with the most qualified CPA firm.
23    (k) Upon recommendation of the price negotiator, the
24responsible officials shall award a contract for auditing,
25attestation, or related professional accounting services for
26one fiscal year to the CPA firm determined to be both the most

 

 

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1qualified and offering a fair and reasonable fixed-fee price.
2    (l) No person participating in the selection process,
3including members of the audit committee, responsible
4officials, or any other individual involved in the review,
5evaluation, or recommendation of CPA firms, shall have a
6financial or familial interest in any responding CPA firm. For
7the purposes of this subsection, familial interest means any
8direct or indirect relationship by blood, marriage, domestic
9partnership, or adoption between an individual participating
10in the audit selection process and any owner, partner,
11principal, or employee of a responding CPA firm, including,
12but not limited to, a spouse or domestic partner, parent,
13stepparent, child, stepchild, adopted child, sibling,
14stepsibling, half-sibling, grandparent, grandchild, or any
15relative residing in the same household. The Comptroller may
16waive this requirement in writing for good cause.
 
17    Section 5-25. CPA firm retention.
18    (a) In any fiscal year in which the responsible officials
19do not initiate the independent CPA firm selection process
20under Section 5-20, the responsible officials shall determine
21whether to retain the local government's current independent
22CPA firm prior to awarding a contract for the next fiscal
23year's auditing, attestation, or related professional
24accounting services.
25    (b) The responsible officials shall determine whether its

 

 

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1current independent CPA firm shall be evaluated by either the
2entire body of responsible officials or the audit committee.
3    (c) The evaluation shall, at a minimum, assess the CPA
4firm's (i) independence and interest in continuing as the CPA
5firm serving the local government, (ii) compliance with
6applicable professional standards and legal requirements,
7including members of the assigned engagement team meeting
8continuing professional education requirements, (iii) quality,
9timeliness, and accuracy of reports and related
10communications, (iv) responsiveness to inquiries and requests
11from the local government, (v) current peer review report and
12related letter of comments or a description why the CPA firm is
13not required to have a current peer review report, (vi)
14cost-effectiveness, and (vii) any other factors deemed
15relevant to ensure continued competent auditing, attestation,
16or related professional accounting services.
17    (d) The responsible officials shall consider the results
18of the evaluation when determining whether to retain or
19terminate its relationship with the independent CPA firm for
20the subsequent fiscal year. If the responsible officials
21determine to retain the CPA firm, the responsible officials
22shall designate one of its members to serve as the price
23negotiator who is not a member of management, unless all of the
24responsible officials are also members of management. If the
25responsible officials determine to terminate its relationship
26with the CPA firm or the CPA firm is not interested in

 

 

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1providing services to the local government during the upcoming
2fiscal year, the responsible officials shall initiate the CPA
3firm selection process by issuing a public RFQ for auditing,
4attestation, or related professional accounting services under
5Section 5-20.
6    (e) The price negotiator shall request a detailed
7fixed-fee pricing proposal from the CPA firm by electronic
8mail. The price negotiator shall establish a submission
9deadline for the pricing proposal, which shall be no fewer
10than 5 calendar days from the date of the request, and shall
11specify the required format and delivery method for the
12proposals.
13    (f) Following receipt of the pricing proposal, the price
14negotiator may, at their discretion, engage in further
15negotiations with the CPA firm to achieve a fair and
16reasonable fixed-fee price that reflects the scope,
17complexity, and professional standards of the engagement. If a
18mutually acceptable price cannot be reached with the CPA firm,
19the responsible officials shall initiate the CPA firm
20selection process by issuing a public RFQ for auditing,
21attestation, or related professional accounting services under
22Section 5-20.
23    (g) Upon recommendation of the price negotiator, the
24responsible officials shall award a fixed-fee contract for
25auditing, attestation, or related professional accounting
26services for the next fiscal year to the CPA firm.

 

 

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1    (h) No person or entity participating in the retention
2process, including members of the audit committee, responsible
3officials, or any other individual involved in the review,
4evaluation, or recommendation of CPA firms, shall have a
5financial or familial interest in the independent CPA firm.
6For the purposes of this subsection, familial interest means
7any direct or indirect relationship by blood, marriage,
8domestic partnership, or adoption between an individual
9participating in the audit selection process and any owner,
10partner, principal, or employee of a responding CPA firm,
11including, but not limited to, a spouse or domestic partner,
12parent, stepparent, child, stepchild, adopted child, sibling,
13stepsibling, half-sibling, grandparent, grandchild, or any
14relative residing in the same household. The Comptroller may
15waive this requirement in writing for good cause.
 
16    Section 5-30. Payments for auditing, attestation, or
17related professional accounting services.
18    (a) The costs for auditing, attestation, or related
19professional accounting services incurred by a local
20government to comply with the requirements of this Act shall
21be paid by the local government. Responsible officials shall
22make appropriate provisions for payment of these costs during
23the local government's budget process.
24    (b) All invoices for payments for auditing, attestation,
25or related professional accounting services incurred by a

 

 

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1local government to comply with the requirements of this Act
2shall be reviewed and approved by the responsible officials
3prior to payment.
 
4    Section 5-35. Other competitive procurement requirements.
5Except as expressly provided in this Act, no other contracting
6or competitive procurement requirements shall apply to
7contracts let for auditing, attestation, or related
8professional accounting services.
 
9    Section 5-40. Auditing tax.
10    (a) The responsible officials of any local government,
11except the corporate authorities of a city, village, or
12incorporated town, having taxing powers may levy an auditing
13tax in an amount that shall not require extension of such tax
14at a rate in excess of 0.005% of the value of all taxable
15property in the unit as equalized or assessed by the
16Department of Revenue. It is the intent of the General
17Assembly for this Section to continue the authority for local
18governments to levy an auditing tax as provided under Section
199 of the Governmental Account Audit Act for fiscal years
20beginning after December 31, 2027.
21    This auditing tax may be in excess of or in addition to any
22statutory limitation of rate or amount. Money received from
23the auditing tax shall be held in a special fund and used only
24for the payment of costs for auditing, attestation, or related

 

 

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1professional accounting services incurred by a local
2government to comply with the requirements of this Act.
3    (b) The corporate authorities of a city, village, or
4incorporated town shall have the power to annually levy an
5auditing tax upon all of the taxable property of the
6municipalities at the rate on the dollar which shall produce
7an amount which shall equal a sum sufficient to meet the cost
8of all expenses for auditing, attestation, or related
9professional accounting services incurred by a local
10government to comply with the requirements of this Act. It is
11the intent of the General Assembly for this Section to
12continue the authority for local governments to levy an
13auditing tax as provided under Section 8-8-8 of the Illinois
14Municipal Code for fiscal years beginning after December 31,
152027.
16    This auditing tax may be in excess of or in addition to any
17statutory limitation of rate or amount. Money received from
18the auditing tax shall be held in a special fund and used only
19for the payment of costs for auditing, attestation, or related
20professional accounting services incurred by a local
21government to comply with the requirements of this Act.
 
22
Article 10. CATEGORIZATION AND REPORTING REQUIREMENTS

 
23    Section 10-5. Categories.
24    (a) Each local government shall annually determine its

 

 

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1category, as soon as practicable after the close of its fiscal
2year. The local government shall determine its category using
3its annual cash receipts from all external sources for each of
4the 3 immediately preceding fiscal years.
5    A local government must at a minimum determine its
6category to meet the threshold for the lowest category for
7which it qualifies under subsection (b). The responsible
8officials of the local government may, at their discretion,
9determine that the local government qualifies for a higher
10category than the minimum.
11    For purposes of this subsection, if a local government
12does not meet the applicable dollar threshold for a higher
13category in each of the 3 immediately preceding fiscal years,
14the local government shall be classified in the lowest
15category for which it qualifies based on those fiscal years.
16    (b) For each fiscal year beginning after December 31,
172027, the Comptroller shall, in accordance with subsections
18(c) and (d), determine and publish on the Comptroller's
19official website, no later than November 15 of the current
20calendar year, the category thresholds to be used by local
21governments in determining their category for the fiscal year
22beginning after December 31 of the current calendar year.
23    (c) For the fiscal year beginning after December 31, 2027,
24a local government shall be classified into one of 4
25categories based on its annual cash receipts from all external
26sources for each of the 3 immediately preceding fiscal years:

 

 

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1        Category 1: A local government with annual cash
2    receipts from all external sources of less than $100,000
3    during a fiscal year.
4        Category 2: A local government with annual cash
5    receipts from all external sources of at least $100,000
6    but less than $3,500,000 during a fiscal year.
7        Category 3: A local government with annual cash
8    receipts from all external sources of at least $3,500,000
9    but less than $35,000,000 during a fiscal year.
10        Category 4: A local government with annual cash
11    receipts from all external sources of $35,000,000 or more,
12    during a fiscal year.
13    (d) For each fiscal year beginning after December 31,
142028, the Comptroller shall calculate the percentage change in
15the Consumer Price Index for the 12-month period ending on
16September 30 of the current calendar year and shall adjust the
17dollar thresholds for the 4 categories described in subsection
18(c) to reflect that change.
19    (e) The Comptroller shall develop instructions and
20examples in plain language about how responsible officials or
21management can determine a local government's category which
22are reasonably designed to promote the uniform application of
23this Section by local governments. All guidance, materials,
24and informational resources provided by the Comptroller shall
25be made publicly available on the Comptroller's official
26website to ensure transparency and facilitate ease of access

 

 

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1by responsible officials.
 
2    Section 10-10. Category 1 Governments.
3    (a) For fiscal years beginning after December 31, 2027,
4the responsible officials of a Category 1 local government
5shall appoint an auditing committee composed of 3 independent
6electors.
7    (b) The auditing committee shall inspect the Category 1
8local government's records for the fiscal year under review,
9using the template for that fiscal year published by the
10Comptroller.
11    (c) All Category 1 local governments and their responsible
12officials, other elected or appointed officers, management,
13employees, and agents shall promptly comply with, and aid and
14assist the auditing committee in the exercise of its duties
15under the Act.
16    At the request of the auditing committee, each Category 1
17local government shall, without delay, provide to the CPA
18firm's representative any record or information requested and
19shall provide for examination or copying all records,
20accounts, papers, reports, vouchers, correspondence, books and
21other documentation in the custody of the local government,
22including information stored in electronic data processing
23systems, which is related to or within the scope of any
24investigation under this Act.
25    (d) The auditing committee shall complete the template,

 

 

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1documenting the procedures performed and the committee's
2findings, and submit it electronically to the responsible
3officials and management of the Category 1 local government
4for review. The auditing committee must ensure that the
5template does not include any information exempt from public
6disclosure under Section 7 of the Freedom of Information Act.
7    (e) The responsible officials and management of the
8Category 1 local government may submit written views within 7
9calendar days after receipt of the draft template from
10subsection (c) regarding the findings and conclusions of the
11auditing committee. Any comments received shall be included in
12the appropriate section of the template. Any comments received
13shall exclude information that is exempt from public
14disclosure under Section 7 of the Freedom of Information Act.
15    (f) Upon receipt of any timely written views of the
16responsible officials or management, the auditing committee
17may respond to any written views that are inconsistent with or
18in conflict with the results of the inspection. The committee
19shall then finalize the template. The auditing committee's
20response to the written views shall exclude information exempt
21from public disclosure under Section 7 of the Freedom of
22Information Act.
23    (g) Members of the auditing committee may be compensated
24for their services, with each member receiving an amount not
25exceeding $200, payable from the funds of the local
26government.

 

 

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1    (h) Each Category 1 local government shall electronically
2submit the final template from the auditing committee to the
3Comptroller no later than 7 months after the end of the local
4government's fiscal year for inclusion within the Local
5Government Registry. The Comptroller may grant extensions in
6writing for good cause regarding this reporting deadline.
7    (i) For fiscal years beginning after December 31, 2027,
8and all reporting periods thereafter, each Category 1 local
9government shall electronically update its information within
10the Local Government Registry for the preceding fiscal year no
11later than 7 months after the conclusion of the local
12government's fiscal year. The Comptroller may grant extensions
13in writing for good cause regarding this reporting deadline.
14    (j) For fiscal years beginning after December 31, 2027,
15and all reporting periods thereafter, each Category 1 local
16government shall electronically submit a spreadsheet of the
17names, positions, and amounts paid to every recipient of a
18Form W-2 or a Form 1099 during the calendar year ended in a
19format prescribed by the Comptroller during the fiscal year no
20later than 7 months after the conclusion of the local
21government's fiscal year for inclusion within the Local
22Government Registry. The Comptroller may grant extensions in
23writing for good cause regarding this reporting deadline.
24    (k) The Comptroller shall charge a Category 1 local
25government a daily fee of no more than $100 and no less than $0
26per day late for delinquent reporting under this Section. All

 

 

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1fees collected under this subsection shall be deposited into
2the Comptroller's Administrative Fund.
3    (l) The Comptroller may waive, in whole or in part, the
4requirements of subsections (h), (i), and (j), provided that
5such waiver is granted in writing and sets forth the specific
6grounds supporting the determination.
7    A written waiver may be granted upon a finding by the
8Comptroller that exigent circumstances exist that materially
9prevent the local government from complying with a requirement
10of subsection (h), (i), or (j). Exigent circumstances may
11include, but are not limited to, (i) the complete or
12substantial destruction of the local government's financial or
13administrative records due to fire, flood, natural disaster,
14cyber incident, or other catastrophic event; (ii) the sudden
15dissolution, closure, or legal incapacity of the local
16government; (iii) the seizure, impoundment, or restriction of
17access to records resulting from judicially authorized law
18enforcement activity; (iv) the existence of conditions that
19would materially limit, restrict, or impair the scope of the
20auditing committee's activities such that it is impracticable
21or impossible to satisfy the requirements prescribed by this
22Act, or (v) any other extraordinary event or circumstance that
23renders compliance impracticable.
24    Any written waiver granted by the Comptroller shall be
25limited in duration to the period reasonably necessary to
26address the exigent circumstances; to specify whether the

 

 

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1written waiver applies to all or only certain requirements of
2subsection (h), (i), and (j); and to include any conditions,
3alternative requirements, or remedial measures the Comptroller
4deems appropriate to protect the public interest.
5    Any written waiver granted by the Comptroller shall be
6posted in the location within the Local Government Registry
7where the Category 1 local government's filing or filings
8would have otherwise appeared and shall be delivered by
9certified mail, return receipt requested, to (i) the
10responsible officials of the Category 1 local government and
11(ii) each member of the Illinois House of Representatives and
12the Illinois Senate whose legislative district includes all or
13any portion of the territory within the jurisdiction of the
14Category 1 local government.
15    The Comptroller's determination under this subsection is
16final.
 
17    Section 10-15. Category 2 Governments.
18    (a) The responsible officials of a Category 2 local
19government shall enter into AUPs with the independent CPA firm
20they have retained under Article 5. The AUPs must align with
21the minimum AUPs for the relevant type of local government for
22that fiscal year, as published by the Comptroller under
23Section 15-15.
24    No Category 2 local government shall adopt procedures that
25are less stringent than those provided by the Comptroller.

 

 

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1However, Category 2 local governments may include additional
2procedures to customize the report's findings and
3recommendations to better meet the needs of the responsible
4officials.
5    (b) The independent CPA firm retained by the responsible
6officials under Article 5 shall perform the AUPs agreed-upon
7with the local government's responsible officials following
8the applicable attestation standards established by the
9American Institute of Certified Public Accountants.
10    (c) If a Category 2 local government has a redevelopment
11project under Division 74.4 of the Illinois Municipal Code or
12redevelopment project under Division 74.6 of the Illinois
13Municipal Code, the responsible officials of a Category 2
14local government shall enter into AUPs for each redevelopment
15project with the independent CPA firm they have retained under
16Article 5.
17    The AUPs shall be the AUPs designated by the Comptroller
18under Section 15-20 for each project. No Category 2 local
19government shall modify the AUPs published by the Comptroller.
20    (d) The independent CPA firm retained by the responsible
21officials under Article 5 shall complete all of the AUPs and
22electronically submit the AUP's to the responsible officials
23and management of the Category 2 local government for review.
24The independent CPA firm retained by the responsible officials
25under Article 5 must ensure all of the AUPs do not include any
26information exempt from public disclosure under Section 7 of

 

 

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1the Freedom of Information Act.
2    (e) The responsible officials and management of the
3Category 2 local government may submit written views within 7
4calendar days after receipt of the draft report from any AUPs
5regarding the findings of the independent CPA firm retained by
6the responsible officials under Article 5. Any comments
7received shall be included in the appropriate section of the
8report. Any comments received shall exclude information that
9is exempt from public disclosure under Section 7 of the
10Freedom of Information Act.
11    (f) Upon receipt of any timely written views from the
12responsible officials or management, the independent CPA firm
13retained by the responsible officials under Article 5 may
14respond to any written views that are inconsistent with or in
15conflict with the results of the inspection. The committee
16shall then finalize the report. The response of the
17independent CPA firm to the written views shall exclude
18information exempt from public disclosure under Section 7 of
19the Freedom of Information Act.
20    (g) A Category 2 local government may engage its
21independent CPA firm retained by the responsible officials
22under Article 5 to perform any additional auditing,
23attestation, or other related professional accounting services
24to the local government, provided the independent CPA firm
25provides a written report at the conclusion of the engagement.
26    (h) All Category 2 local governments and their responsible

 

 

HB5391 Engrossed- 31 -LRB104 18487 RTM 31929 b

1officials, other elected or appointed officers, management,
2employees, and agents shall promptly comply with, and aid and
3assist the CPA firm in the exercise of its duties under the
4Act.
5    At the request of the CPA firm, each Category 2 local
6government shall, without delay, provide to the CPA firm's
7representative any record or information requested and shall
8provide for examination or copying all records, accounts,
9papers, reports, vouchers, correspondence, books and other
10documentation in the custody of the local government,
11including information stored in electronic data processing
12systems, which is related to or within the scope of any
13engagement under this Act.
14    (i) Each Category 2 local government shall electronically
15submit any reports prepared by the independent CPA firm under
16this Section to the Comptroller no later than 7 months after
17the end of the local government's fiscal year for inclusion
18within the Local Government Registry. The Comptroller may
19grant extensions in writing for good cause regarding this
20reporting deadline.
21    (j) Each Category 2 local government shall electronically
22submit any known or suspected fraud or noncompliance with laws
23or regulations communicated to those charged with governance
24or management as that term is defined under the attestation
25standards established by the American Institute of Certified
26Public Accountants arising from the AUPs prepared by the

 

 

HB5391 Engrossed- 32 -LRB104 18487 RTM 31929 b

1independent CPA firm for engagements performed under this
2Section to the Comptroller no later than 7 months after the end
3of the local government's fiscal year for inclusion within the
4Local Government Registry. The Comptroller may grant
5extensions in writing for good cause regarding this reporting
6deadline.
7    (k) For fiscal years beginning after December 31, 2027,
8and all reporting periods thereafter, each Category 2 local
9government shall electronically update its information within
10the Local Government Registry for the preceding fiscal year no
11later than 7 months after the conclusion of the local
12government's fiscal year. The Comptroller may grant extensions
13in writing for good cause regarding this reporting deadline.
14    (l) For fiscal years beginning after December 31, 2027,
15and all reporting periods thereafter, each Category 2 local
16government shall electronically submit a spreadsheet of the
17names, positions, and amounts paid to every recipient of a
18Form W-2 or a Form 1099 during the calendar year ended in a
19format prescribed by the Comptroller during the fiscal year no
20later than 7 months after the conclusion of the local
21government's fiscal year for inclusion within the Local
22Government Registry. The Comptroller may grant extensions in
23writing for good cause regarding this reporting deadline.
24    (m) The Comptroller shall charge a Category 2 local
25government a daily fee of no more than $100 and no less than $0
26per day late for delinquent reporting under this Section. All

 

 

HB5391 Engrossed- 33 -LRB104 18487 RTM 31929 b

1fees collected under this subsection shall be deposited into
2the Comptroller's Administrative Fund.
3    (n) The Comptroller may waive, in whole or in part, the
4requirements of subsections (i), (j), (k), and (l), if the
5waiver is granted in writing and sets forth the specific
6grounds supporting the determination.
7    A written waiver may be granted upon a finding by the
8Comptroller that exigent circumstances exist that materially
9prevent the local government from complying with a requirement
10of subsection (i), (j), (k), or (l). Exigent circumstances
11include, but are not limited to, (i) the complete or
12substantial destruction of the local government's financial or
13administrative records due to fire, flood, natural disaster,
14cyber incident, or other catastrophic event; (ii) the sudden
15dissolution, closure, or legal incapacity of the local
16government; (iii) the seizure, impoundment, or restriction of
17access to records resulting from judicially authorized law
18enforcement activity; (iv) the existence of conditions that
19would materially limit, restrict, or impair the scope of the
20CPA firm's activities such that it is impracticable or
21impossible to satisfy the requirements prescribed by this Act;
22or (v) any other extraordinary event or circumstance that
23renders compliance impracticable.
24    Any written waiver granted by the Comptroller shall be
25limited in duration to the period reasonably necessary to
26address the exigent circumstances; to specify whether the

 

 

HB5391 Engrossed- 34 -LRB104 18487 RTM 31929 b

1written waiver applies to all or only certain requirements of
2subsection (i), (j), (k), or (l); and to include any
3conditions, alternative requirements, or remedial measures the
4Comptroller deems appropriate to protect the public interest.
5    Any written waiver granted by the Comptroller shall be
6posted in the location within the Local Government Registry
7where the Category 2 local government's filing or filings
8would have otherwise appeared and shall be delivered by
9certified mail, return receipt requested, to (i) the
10responsible officials of the Category 2 local government and
11(ii) each member of the Illinois House of Representatives and
12the Illinois Senate whose legislative district includes all or
13any portion of the territory within the jurisdiction of the
14Category 2 local government.
15    The Comptroller's determination under this subsection is
16final.
17    (o) Within 60 days after the date of any report completed
18by the independent CPA firm pursuant to this Section, a
19partner at the independent CPA firm and such additional
20personnel from the CPA firm as deemed necessary by the
21independent CPA firm shall attend a public meeting of the
22responsible officials either in person or by a live phone or
23online virtual meeting to answer questions posed by the
24responsible officials about the engagement and present the
25major findings of the report. A public body may hold a closed
26session to consider internal control weaknesses,

 

 

HB5391 Engrossed- 35 -LRB104 18487 RTM 31929 b

1identification of potential fraud risk areas, known or
2suspected frauds, and fraud interviews with the independent
3CPA firm's partner and such additional personnel from the CPA
4firm as deemed necessary by the independent CPA firm under
5Section 2 of the Open Meetings Act.
 
6    Section 10-20. Category 3 Governments.
7    (a) For fiscal years beginning after December 31, 2027,
8the responsible officials of a Category 3 local government
9shall oversee management's preparation of the local
10government's draft financial statements following the cash
11basis of accounting. The financial statements of a Category 3
12local government shall, at a minimum, present the government
13as a whole and its major funds, along with combining
14statements displaying each of the government's nonmajor funds.
15Upon completion of the draft financial statements, management
16shall furnish the draft financial statements to the local
17government's independent CPA firm for audit.
18    (b) The independent CPA firm retained by the responsible
19officials under Article 5 shall not gather data, categorize
20and organize data, or prepare the draft financial statements
21of a local government.
22    (c) The independent CPA firm retained by the responsible
23officials under Article 5 shall audit the local government's
24draft financial statements following GAAS and GAGAS.
25    (d) The responsible officials of a Category 3 local

 

 

HB5391 Engrossed- 36 -LRB104 18487 RTM 31929 b

1government shall enter into AUPs with the independent CPA firm
2they have retained under Article 5. The AUPs must align with
3the minimum AUPs for the relevant type of local government for
4that fiscal year, as published by the Comptroller under
5Section 15-15.
6    No Category 3 local government shall adopt procedures that
7are less stringent than those provided by the Comptroller.
8However, Category 3 local governments may include additional
9procedures to customize the report's findings and
10recommendations to better meet the needs of the responsible
11officials.
12    (e) The independent CPA firm retained by the responsible
13officials under Article 5 shall perform the AUPs agreed-upon
14with the local government's responsible officials following
15the applicable attestation standards established by the
16American Institute of Certified Public Accountants.
17    (f) If a Category 3 local government has a redevelopment
18project under Division 74.4 of the Illinois Municipal Code or
19redevelopment project under Division 74.6 of the Illinois
20Municipal Code, the responsible officials of a Category 3
21local government shall enter into AUPs for each redevelopment
22project with the independent CPA firm they have retained under
23Article 5.
24    The AUPs shall be the AUPs designated by the Comptroller
25under Section 15-20 for each project. No Category 3 local
26government shall modify the AUPs published by the Comptroller.

 

 

HB5391 Engrossed- 37 -LRB104 18487 RTM 31929 b

1    (g) A Category 3 local government may engage its
2independent CPA firm retained by the responsible officials
3under Article 5 to perform any additional auditing,
4attestation, or other related professional accounting
5services, including, but not limited to, a Single Audit, to
6the local government, provided the independent CPA firm
7provides a written report at the conclusion of the engagement.
8    (h) All Category 3 local governments and their responsible
9officials, other elected or appointed officers, management,
10employees, and agents shall promptly comply with, and aid and
11assist the CPA firm in the exercise of its duties under the
12Act.
13    At the request of the CPA firm, each Category 3 local
14government shall, without delay, provide to the CPA firm's
15representative any record or information requested and shall
16provide for examination or copying all records, accounts,
17papers, reports, vouchers, correspondence, books and other
18documentation in the custody of the local government,
19including information stored in electronic data processing
20systems, which is related to or within the scope of any
21engagement under this Act.
22    (i) Each Category 3 local government shall electronically
23submit any reports prepared by the independent CPA firm under
24this Section to the Comptroller no later than 7 months after
25the end of the local government's fiscal year for inclusion
26within the Local Government Registry. The Comptroller may

 

 

HB5391 Engrossed- 38 -LRB104 18487 RTM 31929 b

1grant extensions in writing for good cause regarding this
2reporting deadline.
3    (j) Each Category 3 local government shall electronically
4submit (i) the auditor's communication with those charged with
5governance under GAAS, (ii) the auditor's communication of
6deficiencies in internal control under GAAS to both those
7charged with governance or management as that term is defined
8under GAAS, (iii) any known or suspected fraud or
9noncompliance with laws or regulations communicated to those
10charged with governance or management as that term is defined
11under GAAS arising from the financial audit, and (iv) any
12known or suspected fraud or noncompliance with laws or
13regulations communicated to those charged with governance or
14management as that term is defined under the attestation
15standards established by the American Institute of Certified
16Public Accountants arising from the AUPs prepared by the
17independent CPA firm for engagements performed under this
18Section to the Comptroller no later than 7 months after the end
19of the local government's fiscal year for inclusion within the
20Local Government Registry. The Comptroller may grant
21extensions in writing for good cause regarding this reporting
22deadline.
23    (k) For fiscal years beginning after December 31, 2027,
24and all reporting periods thereafter, each Category 3 local
25government shall electronically update its information within
26the Local Government Registry for the preceding fiscal year no

 

 

HB5391 Engrossed- 39 -LRB104 18487 RTM 31929 b

1later than 7 months after the conclusion of the local
2government's fiscal year. The Comptroller may grant extensions
3in writing for good cause regarding this reporting deadline.
4    (l) For fiscal years beginning after December 31, 2027,
5and all reporting periods thereafter, each Category 3 local
6government shall electronically submit a spreadsheet of the
7names, positions, and amounts paid to every recipient of a
8Form W-2 or a Form 1099 during the calendar year ended in a
9format prescribed by the Comptroller during the fiscal year no
10later than 7 months after the conclusion of the local
11government's fiscal year for inclusion within the Local
12Government Registry. The Comptroller may grant extensions in
13writing for good cause regarding this reporting deadline.
14    (m) The Comptroller shall charge a Category 3 local
15government a daily fee of no more than $100 and no less than $0
16per day late for delinquent reporting under this Section. All
17fees collected under this subsection shall be deposited into
18the Comptroller's Administrative Fund.
19    (n) The Comptroller may waive, in whole or in part, the
20requirements of subsections (i), (j), (k), and (l), if the
21waiver is granted in writing and sets forth the specific
22grounds supporting the determination.
23    A written waiver may be granted upon a finding by the
24Comptroller that exigent circumstances exist that materially
25prevent the local government from complying with a requirement
26of subsection (i), (j), (k), or (l). Exigent circumstances

 

 

HB5391 Engrossed- 40 -LRB104 18487 RTM 31929 b

1include, but are not limited to, (i) the complete or
2substantial destruction of the local government's financial or
3administrative records due to fire, flood, natural disaster,
4cyber incident, or other catastrophic event; (ii) the sudden
5dissolution, closure, or legal incapacity of the local
6government; (iii) the seizure, impoundment, or restriction of
7access to records resulting from judicially authorized law
8enforcement activity; (iv) the existence of conditions that
9would materially limit, restrict, or impair the scope of the
10CPA firm's activities such that it is impracticable or
11impossible to satisfy the requirements prescribed by this Act;
12or (v) any other extraordinary event or circumstance that
13renders compliance impracticable.
14    Any written waiver granted by the Comptroller shall be
15limited in duration to the period reasonably necessary to
16address the exigent circumstances; to specify whether the
17written waiver applies to all or only certain requirements of
18subsection (i), (j), (k), or (l); and to include any
19conditions, alternative requirements, or remedial measures the
20Comptroller deems appropriate to protect the public interest.
21    Any written waiver granted by the Comptroller shall be
22posted in the location within the Local Government Registry
23where the Category 3 local government's filing or filings
24would have otherwise appeared and shall be delivered by
25certified mail, return receipt requested, to (i) the
26responsible officials of the Category 3 local government and

 

 

HB5391 Engrossed- 41 -LRB104 18487 RTM 31929 b

1(ii) each member of the Illinois House of Representatives and
2the Illinois Senate whose legislative district includes all or
3any portion of the territory within the jurisdiction of the
4Category 3 local government.
5    The Comptroller's determination under this subsection is
6final.
7    (o) Within 60 days after the date of any report completed
8by the independent CPA firm pursuant to this Section, a
9partner at the independent CPA firm and such additional
10personnel from the CPA firm as deemed necessary by the
11independent CPA firm shall attend a public meeting of the
12responsible officials either in person or by a live phone or
13online virtual meeting to answer questions posed by the
14responsible officials about the engagement and present the
15major findings of the report. A public body may hold a closed
16session to consider internal control weaknesses,
17identification of potential fraud risk areas, known or
18suspected frauds, and fraud interviews with the independent
19CPA firm's partner and such additional personnel from the CPA
20firm as deemed necessary by the independent CPA firm under
21Section 2 of the Open Meetings Act.
 
22    Section 10-25. Category 4 Governments.
23    (a) For fiscal years beginning after December 31, 2027,
24the responsible officials of a Category 4 local government
25shall oversee management's preparation of the local

 

 

HB5391 Engrossed- 42 -LRB104 18487 RTM 31929 b

1government's draft financial statements following GAAP. The
2financial statements of a Category 4 local government shall,
3at a minimum, present the government as a whole and its major
4funds, along with combining statements displaying each of the
5government's nonmajor funds. Upon completion of the draft
6financial statements, management shall furnish the draft
7financial statements to the local government's independent CPA
8firm for audit.
9    (b) The independent CPA firm retained by the responsible
10officials under Article 5 shall not gather data, categorize
11and organize data, or prepare the draft financial statements
12of a local government.
13    (c) The independent CPA firm retained by the responsible
14officials under Article 5 shall audit the local government's
15draft financial statements following GAAS and GAGAS.
16    (d) The responsible officials of a Category 4 local
17government shall enter into AUPs with the independent CPA firm
18they have retained under Article 5. The AUPs must align with
19the minimum AUPs for the relevant type of local government for
20that fiscal year, as published by the Comptroller under
21Section 15-15.
22    No Category 4 local government shall adopt procedures that
23are less stringent than those provided by the Comptroller.
24However, Category 4 local governments may include additional
25procedures to customize the report's findings and
26recommendations to better meet the needs of the responsible

 

 

HB5391 Engrossed- 43 -LRB104 18487 RTM 31929 b

1officials.
2    (e) The independent CPA firm retained by the responsible
3officials under Article 5 shall perform the AUPs agreed-upon
4with the local government's responsible officials following
5the applicable attestation standards established by the
6American Institute of Certified Public Accountants.
7    (f) If a Category 4 local government has a redevelopment
8project under Division 74.4 of the Illinois Municipal Code or
9redevelopment project under Division 74.6 of the Illinois
10Municipal Code, the responsible officials of a Category 4
11local government shall enter into AUPs for each redevelopment
12project with the independent CPA firm they have retained under
13Article 5.
14    The AUPs shall be the AUPs designated by the Comptroller
15under Section 15-20 for each project. No Category 4 local
16government shall modify the AUPs published by the Comptroller.
17    (g) A Category 4 local government may engage its
18independent CPA firm retained by the responsible officials
19under Article 5 to perform any additional auditing,
20attestation, or other related professional accounting
21services, including, but not limited to, a Single Audit, to
22the local government, provided the independent CPA firm
23provides a written report at the conclusion of the engagement.
24    (h) All Category 4 local governments and their responsible
25officials, other elected or appointed officers, management,
26employees, and agents shall promptly comply with, and aid and

 

 

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1assist the CPA firm in the exercise of its duties under the
2Act.
3    At the request of the CPA firm, each Category 4 local
4government shall, without delay, provide to the CPA firm's
5representative any record or information requested and shall
6provide for examination or copying all records, accounts,
7papers, reports, vouchers, correspondence, books and other
8documentation in the custody of the local government,
9including information stored in electronic data processing
10systems, which is related to or within the scope of any
11engagement under this Act.
12    (i) Each Category 4 local government shall electronically
13submit any reports prepared by the independent CPA firm under
14this Section to the Comptroller no later than 7 months after
15the end of the local government's fiscal year for inclusion
16within the Local Government Registry. The Comptroller may
17grant extensions in writing for good cause regarding this
18reporting deadline.
19    (j) Each Category 4 local government shall electronically
20submit (i) the auditor's communication with those charged with
21governance under GAAS, (ii) the auditor's communication of
22deficiencies in internal control under GAAS to both those
23charged with governance or management as that term is defined
24under GAAS, (iii) any known or suspected fraud or
25noncompliance with laws or regulations communicated to those
26charged with governance or management as that term is defined

 

 

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1under GAAS arising from the financial audit, and (iv) any
2known or suspected fraud or noncompliance with laws or
3regulations communicated to those charged with governance or
4management as that term is defined under the attestation
5standards established by the American Institute of Certified
6Public Accountants arising from the AUPs prepared by the
7independent CPA firm for engagements performed under this
8Section to the Comptroller no later than 7 months after the end
9of the local government's fiscal year for inclusion within the
10Local Government Registry. The Comptroller may grant
11extensions in writing for good cause regarding this reporting
12deadline.
13    (k) For fiscal years beginning after December 31, 2027,
14and all reporting periods thereafter, each Category 4 local
15government shall electronically update its information within
16the Local Government Registry for the preceding fiscal year no
17later than 7 months after the conclusion of the local
18government's fiscal year. The Comptroller may grant extensions
19in writing for good cause regarding this reporting deadline.
20    (l) For fiscal years beginning after December 31, 2027,
21and all reporting periods thereafter, each Category 4 local
22government shall electronically submit a spreadsheet of the
23names, positions, and amounts paid to every recipient of a
24Form W-2 or a Form 1099 during the calendar year ended in a
25format prescribed by the Comptroller during the fiscal year no
26later than 7 months after the conclusion of the local

 

 

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1government's fiscal year for inclusion within the Local
2Government Registry. The Comptroller may grant extensions in
3writing for good cause regarding this reporting deadline.
4    (m) The Comptroller shall charge a Category 4 local
5government a daily fee of no more than $100 and no less than $0
6per day late for delinquent reporting under this Section. All
7fees collected under this subsection shall be deposited into
8the Comptroller's Administrative Fund.
9    (n) The Comptroller may waive, in whole or in part, the
10requirements of subsections (i), (j), (k), and (l), if the
11waiver is granted in writing and sets forth the specific
12grounds supporting the determination.
13    A written waiver may be granted upon a finding by the
14Comptroller that exigent circumstances exist that materially
15prevent the local government from complying with a requirement
16of subsection (i), (j), (k), or (l). Exigent circumstances
17include, but are not limited to, (i) the complete or
18substantial destruction of the local government's financial or
19administrative records due to fire, flood, natural disaster,
20cyber incident, or other catastrophic event; (ii) the sudden
21dissolution, closure, or legal incapacity of the local
22government; (iii) the seizure, impoundment, or restriction of
23access to records resulting from judicially authorized law
24enforcement activity; (iv) the existence of conditions that
25would materially limit, restrict, or impair the scope of the
26CPA firm's activities such that it is impracticable or

 

 

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1impossible to satisfy the requirements prescribed by this Act;
2or (v) any other extraordinary event or circumstance that
3renders compliance impracticable.
4    Any written waiver granted by the Comptroller shall be
5limited in duration to the period reasonably necessary to
6address the exigent circumstances; to specify whether the
7written waiver applies to all or only certain requirements of
8subsection (i), (j), (k), or (l); and to include any
9conditions, alternative requirements, or remedial measures the
10Comptroller deems appropriate to protect the public interest.
11    Any written waiver granted by the Comptroller shall be
12posted in the location within the Local Government Registry
13where the Category 4 local government's filing or filings
14would have otherwise appeared and shall be delivered by
15certified mail, return receipt requested, to (i) the
16responsible officials of the Category 4 local government and
17(ii) each member of the Illinois House of Representatives and
18the Illinois Senate whose legislative district includes all or
19any portion of the territory within the jurisdiction of the
20Category 4 local government.
21    The Comptroller's determination under this subsection is
22final.
23    (o) Within 60 days after the date of any report completed
24by the independent CPA firm pursuant to this Section, a
25partner at the independent CPA firm and such additional
26personnel from the CPA firm as deemed necessary by the

 

 

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1independent CPA firm shall attend a public meeting of the
2responsible officials either in person or by a live phone or
3online virtual meeting to answer questions posed by the
4responsible officials about the engagement and present the
5major findings of the report. A public body may hold a closed
6session to consider internal control weaknesses,
7identification of potential fraud risk areas, known or
8suspected frauds, and fraud interviews with the independent
9CPA firm's partner and such additional personnel from the CPA
10firm as deemed necessary by the independent CPA firm under
11Section 2 of the Open Meetings Act.
 
12
Article 15. LOCAL GOVERNMENT REGISTRY AND REPORTS

 
13    Section 15-5. Local government registry and report
14database.
15    (a) The Comptroller shall establish and maintain a public
16searchable electronic database of all local governments no
17later than December 31, 2027, which shall include:
18        (1) the name, address, contact information, and
19    website of the local government;
20        (2) the names of the elected or appointed office
21    holders of the local government and their positions,
22    including their dates of service and any periods of
23    vacancy within a position;
24        (3) links to access any reports filed by a local

 

 

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1    government showing the names, positions, and amounts paid
2    to every recipient of a Form W-2 or a Form 1099 during a
3    calendar year; and
4        (4) links to access any reports filed by a local
5    government pursuant to this Act categorized by fiscal
6    year.
7    (b) No later than June 30, 2027, each county clerk shall
8notify the Comptroller electronically in writing of the name
9of each local government within their jurisdiction along with
10contact information for the elected or appointed office
11holders of the local government and their positions in a
12manner and format determined by the Comptroller. The
13Comptroller may grant extensions in writing for good cause for
14this reporting requirement.
15    (c) Within 30 days following the creation or dissolution
16of a local government within their jurisdiction after June 30,
172027, each county clerk shall notify the Comptroller
18electronically in writing of the name of the local government
19along with contact information for the elected or appointed
20office holders of the local government and their positions in
21a manner and format determined by the Comptroller. The
22Comptroller may grant extensions in writing for good cause for
23this reporting requirement.
24    (d) The Comptroller shall charge a county clerk a daily
25fee of no more than $10 and no less than $0 per day late for
26delinquent reporting under this Section. All fees collected

 

 

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1under this subsection shall be deposited into the
2Comptroller's Administrative Fund.
 
3    Section 15-10. Limited procedures.
4    (a) The Comptroller shall develop a template for the
5auditing committees of Category 1 governments to perform and
6report on their activities inspecting the local government's
7records for the fiscal year under review, with the advice of
8the Local Government Advisory Board and a statewide CPA
9organization.
10    (b) The template shall be written in plain language with
11procedures for the auditing committees of Category 1
12governments to perform and document its:
13        (1) sampling of disbursements during the fiscal year
14    and the testing of the selected disbursements to determine
15    each sampled disbursement was properly recorded in the
16    financial records and was supported by adequate
17    documentation, including invoices, receipts, or contracts,
18    as applicable;
19        (2) sampling of receipts during the fiscal year and
20    the testing of the selected receipts to determine each
21    sampled receipt was properly recorded in the financial
22    records, was supported by adequate documentation, and was
23    promptly deposited into the appropriate account no later
24    than 2 working days after receipt; and
25        (3) performing the local government's reconciliations

 

 

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1    of its financial records to the records of third parties,
2    including, but not limited to, bank statements, investment
3    reports, and other external documents, during the fiscal
4    year.
5    (c) The template shall include a section for the
6responsible officials and management of the local government
7to submit their written views regarding the findings and
8conclusions of the auditing committee. The template shall also
9include a section for the auditing committee to respond to any
10written views from the responsible officials and management,
11particularly if those views are inconsistent with or in
12conflict with the results of the inspection.
13    (d) For each fiscal year beginning after December 31,
142027, the Comptroller shall publish on the Comptroller's
15official website, no later than November 15 of the current
16calendar year, the template to be used by auditing committees
17of Category 1 governments for inspecting the local
18government's records for the fiscal year beginning after
19December 31 of the current calendar year.
 
20    Section 15-15. Agreed-upon procedures.
21    (a) The Comptroller shall develop minimum AUPs specific to
22each type of local government subject to this Act for the
23fiscal year under review, with the advice of the Local
24Government Advisory Board and a statewide CPA organization.
25    (b) For all local governments, the AUPs shall be written

 

 

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1by the Comptroller using plain language, insofar as
2practicable. The Comptroller shall write specific and
3objective procedures designed to be performed by a CPA firm
4over a completed fiscal year to provide factual findings
5regarding:
6        (1) compliance by the local government and its
7    responsible officials and agents with the training
8    requirements and public records disclosures laws under the
9    Freedom of Information Act;
10        (2) compliance by the local government and its
11    responsible officials and agents with the training
12    requirements under the Open Meetings Act;
13        (3) compliance by the local government and its
14    responsible officials and agents with the records
15    retention requirements under the Local Records Act;
16        (4) accountability for capital assets and leased
17    assets;
18        (5) compliance with applicable laws, rules, and
19    regulations regarding the compensation of the local
20    government's responsible officials and all other elected
21    or appointed officials;
22        (6) compliance with applicable laws, rules, and
23    regulations regarding accounts at banks or savings and
24    loan associations;
25        (7) compliance with bond requirements;
26        (8) testing of a sample of disbursements for

 

 

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1    appropriate internal controls and compliance with
2    applicable laws, rules, and regulations;
3        (9) testing of a sample of receipts for appropriate
4    internal controls and compliance with applicable laws,
5    rules, and regulations, including timely deposit
6    requirements;
7        (10) compliance with significant statutory reporting
8    requirements;
9        (11) for community colleges, procedures regarding a
10    student enrollments and other bases upon which claims are
11    filed with the Illinois Community College Board, with the
12    advice of the Illinois Community College Board;
13        (12) for fire protection districts and municipalities,
14    procedures regarding disbursements to a foreign fire
15    insurance board were used by the foreign fire insurance
16    board only for the maintenance, use, and benefit of the
17    department under Section 11-10-2 of the Illinois Municipal
18    Code and Section 11i of the Fire Protection District Act;
19    and
20        (13) for fire protection districts, when a district
21    purchases fire protection services from any organization,
22    procedures regarding compliance with the terms of the
23    contract as it relates to financial matters, including,
24    but not limited to, the amount charged to the purchasing
25    Fire Protection District.
26    The Comptroller may establish such other procedures as

 

 

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1deemed necessary to assess the accountability of responsible
2officials and management at the local government, after
3determining the perceived benefit of the additional
4accountability procedures outweigh the perceived costs to be
5incurred from implementing such procedures.
 
6    Section 15-20. Agreed-upon procedures.
7    (a) The Comptroller shall develop consistent AUPs specific
8to each redevelopment project under Division 74.4 of the
9Illinois Municipal Code or redevelopment project under
10Division 74.6 of the Illinois Municipal Code for the fiscal
11year under review, with the advice of the Local Government
12Advisory Board and a statewide CPA organization.
13    (b) For all local governments, the AUPs shall be written
14by the Comptroller using plain language, insofar as
15practicable. The Comptroller shall write specific and
16objective procedures designed to be performed by a CPA firm
17over a completed fiscal year to provide factual findings
18regarding:
19        (1) the date each redevelopment project area was
20    designated or terminated;
21        (2) the balance in the special tax allocation fund at
22    the beginning of the fiscal year, all receipts deposited
23    into the special tax allocation fund by source, all
24    disbursements from the special tax allocation fund by
25    category of permissible redevelopment project cost, and

 

 

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1    the balance in the special tax allocation fund at the end
2    of the fiscal year on the cash basis of accounting;
3        (3) a breakdown of the balance in the special tax
4    allocation fund at the end of the fiscal year identifying
5    any portion of the balance that is required, pledged,
6    earmarked, or otherwise designated for payment of or
7    securing of obligations and anticipated redevelopment
8    project costs or surplus; and
9        (4) the nature of outstanding obligations of the
10    special tax allocation fund, including the projected debt
11    service including required reserves and debt coverage and
12    actual debt service of the special tax allocation fund.
13    The Comptroller may establish such other procedures as
14deemed necessary to assess the accountability of responsible
15officials and management at the local government about a
16redevelopment project under Division 74.4 of the Illinois
17Municipal Code or redevelopment project under Division 74.6 of
18the Illinois Municipal Code, after determining the perceived
19benefit of the additional accountability procedures outweigh
20the perceived costs to be incurred from implementing such
21procedures.
 
22    Section 15-25. Guidelines for circuit clerks.
23    (a) The Comptroller shall develop, maintain, and publish
24the guidelines for circuit clerks, with the advice of the
25Local Government Advisory Board, the Administrative Office of

 

 

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1the Illinois Courts, a Statewide organization representing
2circuit clerks, and a Statewide CPA organization.
3    (b) For all fiscal years beginning after December 31,
42027, the Comptroller shall prescribe the format of the annual
5written report submitted by each county's independent CPA firm
6retained by the responsible officials under Article 5 prepared
7in accordance with the guidelines.
8    (c) For all fiscal years beginning after December 31,
92027, the guidelines shall establish procedures for each
10county's independent CPA firm to conduct, for each fiscal
11year, a compliance examination under the attestation standards
12and GAGAS to:
13        (1) examine whether fees, fines, surcharges, costs,
14    penalties, bonds, and judgments were properly collected
15    and disbursed to the appropriate entities in compliance
16    with applicable laws and other requirements, limited to
17    those situations in which applicable laws, rules,
18    regulations, and court orders require the circuit clerk to
19    collect, hold, and disburse moneys to applicable parties
20    or entities, excluding moneys already on deposit in county
21    accounts controlled by other county officials or funds
22    used to finance the regular operations of the circuit
23    clerk's office;
24        (2) determine whether the circuit clerk has complied,
25    in all material respects, with applicable laws, rules,
26    regulations, and court orders in its financial and fiscal

 

 

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1    operations;
2        (3) determine whether moneys or negotiable securities
3    or similar assets handled by the circuit clerk or held in
4    trust by the circuit clerk have been properly and legally
5    administered, and the accounting and recordkeeping thereto
6    is proper, accurate, and in accordance with law; and
7        (4) obtain a sufficient understanding of internal
8    control over compliance relevant to the specified
9    requirements to plan the engagement, assess control risk
10    for compliance with the specified requirements, and design
11    procedures to achieve the objectives of the attestation
12    engagement.
13    (d) For all fiscal years beginning after December 31,
142027, the guidelines shall require circuit clerks to prepare,
15for each fiscal year, a schedule of accountabilities under the
16cash basis of accounting which includes all accounts and funds
17where applicable laws, rules, regulations, and court orders
18require the circuit clerk to collect, hold, and disburse
19moneys to applicable parties or entities, excluding moneys
20already on deposit in county accounts controlled by other
21county officials or funds used to finance the regular
22operations of the circuit clerk's office.
23    (e) The guidelines shall prohibit the local government's
24independent CPA firm from gathering data, categorizing or
25organizing data, or preparing the schedule of
26accountabilities.

 

 

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1    (f) For all fiscal years beginning after December 31,
22027, the guidelines shall require the circuit clerk to
3furnish the draft schedule of accountabilities to the local
4government's independent CPA firm to examine the schedule of
5accountabilities. The guidelines shall require each county's
6independent CPA firm to conduct, for each fiscal year, a
7compliance examination to examine the schedule of
8accountabilities to obtain reasonable assurance that the:
9        (1) schedule of accountabilities, including its
10    footnotes, is complete and accurately presented in
11    accordance with the guidelines, and the beginning and
12    ending balances reconcile to the circuit clerk's cash,
13    savings, and investment accounts;
14        (2) reported events and transactions are accurately
15    recorded, properly classified, complete, and occurred
16    within the fiscal year under examination; and
17        (3) reported balances of cash, savings, and investment
18    accounts exist, are completely reported, the circuit
19    clerk's rights and obligations related to those moneys are
20    not in question, and account valuations are confirmed.
21    (g) For all fiscal years beginning after December 31,
222027, the guidelines shall require each county's independent
23CPA firm to express an opinion on whether the schedule of
24accountabilities is fairly stated, in all material respects,
25in relation to the county's financial statements as a whole in
26accordance with GAAS.

 

 

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1    (h) For all fiscal years beginning after December 31,
22027, upon a written agreement between the Comptroller and the
3Administrative Office of the Illinois Courts, the guidelines
4may require each county's independent CPA firm to express an
5opinion on whether other reports used by the Administrative
6Office of the Illinois Courts are fairly stated, in all
7material respects, in relation to the county's financial
8statements as a whole in accordance with GAAS.
 
9
Article 20. MISCELLANEOUS PROVISIONS

 
10    Section 20-5. Assurances. Each local government shall
11establish and maintain a system, or systems, of internal
12fiscal and administrative controls, which shall provide
13assurance that:
14        (1) resources are used efficiently, effectively, and
15    in compliance with applicable law;
16        (2) obligations and costs are in compliance with
17    applicable law;
18        (3) funds, property, and other assets and resources
19    are safeguarded against waste, loss, unauthorized use, and
20    misappropriation; and
21        (4) revenues, receipts, expenses, disbursements,
22    expenditures, and transfers of assets, resources, or funds
23    applicable to operations are properly recorded and
24    accounted for to permit the preparation of accounts and

 

 

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1    reliable financial and statistical reports and to maintain
2    accountability over the local government's resources.
 
3    Section 20-10. Conflicts of interest.
4    (a) Each local government shall maintain an appropriate
5segregation of duties to prevent conflicts of interest and
6ensure proper internal controls that its resources are used
7appropriately and financial transactions are properly
8authorized, recorded, and monitored.
9    (b) In instances where segregation of duties is not
10feasible due to limited personnel or other operational
11constraints, each local government shall implement
12compensating controls to mitigate the risks associated with
13the lack of segregation. Such compensating controls shall be
14designed to provide a reasonable level of assurance that its
15resources are used appropriately and financial transactions
16are properly authorized, recorded, and monitored.
 
17    Section 20-15. Capitalization threshold.
18    (a) The responsible officials of each local government
19shall establish a capitalization threshold for the various
20categories of capital assets and leased assets.
21    (b) The responsible officials of each local government
22shall implement procedures for tracking, managing, and
23disposing of capital assets and leased assets that either (i)
24exceed the capitalization threshold established in subsection

 

 

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1(a), or (ii) are tangible and movable assets subject to theft,
2regardless of original cost, including, but not limited to,
3tools, vehicles, weapons, and items that store data.
4    (c) Each local government's responsible officials shall
5establish procedures for tracking, managing, and disposing of
6its capital assets and leased assets which either (i) exceed
7the capitalization threshold set in subsection (a) or (ii) are
8tangible and movable assets that are subject to theft
9regardless of original cost, including, but not limited to,
10tools, vehicles, and weapons or items that store data.
 
11    Section 20-20. Audit committees. The responsible officials
12of a local government may establish and determine the duties
13and membership of an audit committee, so long as any duties and
14responsibilities of the audit committee do not conflict with
15this Act.
 
16    Section 20-25. Delinquent reports.
17    (a) If a local government fails to comply with the
18requirements of this Act and is more than 270 days late in
19meeting its reporting obligations, after considering any
20extensions granted by the Comptroller, the Comptroller shall
21review the local government's actions. The review shall assess
22whether the local government is taking appropriate corrective
23action to bring itself into compliance with the provisions of
24this Act.

 

 

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1    (b) If the Comptroller's review determines the local
2government is implementing appropriate corrective action in a
3timely manner, the Comptroller shall communicate the delay in
4writing to the local government's responsible officials and
5the Comptroller shall post the written letter in the location
6where the local government's missing filing would otherwise
7have been posted within the Local Government Registry.
8    Thereafter, the Comptroller shall review the local
9government's actions taken at least every 28 days until either
10(i) the local government comes into compliance with the Act or
11(ii) the Comptroller determines the local government is not
12implementing appropriate corrective action in a timely manner.
13    (c) If the Comptroller determines that the local
14government is not implementing appropriate corrective action
15in a timely manner, the Comptroller shall communicate the
16delay in writing to the local government's responsible
17officials and the Comptroller shall post the written letter in
18the location where the local government's missing filing would
19otherwise have been posted within the Local Government
20Registry.
21    (d) If the Comptroller determines that the local
22government is not implementing appropriate corrective action
23in a timely manner, the Comptroller shall request the Attorney
24General to seek an appropriate judicial remedy to compel the
25responsible officials and management of the local government
26to perform their duties under this Act in a timely manner.
 

 

 

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1    Section 20-30. Rules. The Comptroller shall adopt
2administrative rules pursuant to the Illinois Administrative
3Procedure Act to implement and enforce the provisions of this
4Act.
 
5    Section 20-35. Other duties of responsible officials. This
6Act does not relieve any member of the responsible officials
7or management of a local government of any other duties
8required by law of that person with respect to the auditing of
9public accounts or the disbursement of public funds.
 
10    Section 20-40. Reports to other State agencies.
11Notwithstanding any other provision to the contrary, any local
12government that files reports with the Comptroller in
13compliance with this Act shall not be required to file the same
14report with any State agencies as defined in the Illinois
15State Auditing Act. All state agencies may obtain copies of
16any report filed with the Comptroller in compliance with this
17Act.
 
18    Section 20-45. Effect on taxes. Failure of the responsible
19officials of any local government to comply with the
20provisions of this Act does not affect the legality of taxes
21levied for any of the funds of the local government.
 

 

 

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1    Section 20-50. Home rule. A home rule municipality may not
2regulate financial reporting in a manner inconsistent with
3this Act. This Act is a limitation under subsection (i) of
4Section 6 of Article VII of the Illinois Constitution on the
5concurrent exercise by home rule units of powers and functions
6exercised by the State.
 
7
Article 900.

 
8    Section 900-5. The Intergovernmental Cooperation Act is
9amended by changing Section 3.1 and by adding Section 10 as
10follows:
 
11    (5 ILCS 220/3.1)  (from Ch. 127, par. 743.1)
12    Sec. 3.1. Municipal Joint Action Water Agency.
13    (a) Any municipality or municipalities of this State, any
14county or counties of this State, any township in a county with
15a population under 700,000 of this State, any public water
16district or districts of this State, State university, or any
17combination thereof may, by intergovernmental agreement,
18establish a Municipal Joint Action Water Agency to provide
19adequate supplies of water on an economical and efficient
20basis for member municipalities, public water districts and
21other incorporated and unincorporated areas within such
22counties. Any such Agency shall itself be a municipal
23corporation, public body politic and corporate. A Municipal

 

 

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1Joint Action Water Agency so created shall not itself have
2taxing power except as hereinafter provided.
3    A Municipal Joint Action Water Agency shall be established
4by an intergovernmental agreement among the various member
5municipalities, public water districts, townships, State
6universities, and counties, upon approval by an ordinance
7adopted by the corporate authorities of each member
8municipality, public water district, township, State
9university, or county. This agreement may be amended at any
10time upon the adoption of concurring ordinances by the
11corporate authorities of all member municipalities, public
12water districts, townships, State universities, and counties.
13The agreement may provide for additional municipalities,
14public water districts, any State universities, townships in
15counties with a population under 700,000, or counties to join
16the Agency upon adoption of an ordinance by the corporate
17authorities of the joining municipality, public water
18district, township, or county, and upon such consents,
19conditions and approvals of the governing body of the
20Municipal Joint Action Water Agency and of existing member
21municipalities, public water districts, townships, State
22universities, and counties as shall be provided in the
23agreement. The agreement shall provide the manner and terms on
24which any municipality, public water district, township, or
25county may withdraw from membership in the Municipal Joint
26Action Water Agency and on which the Agency may terminate and

 

 

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1dissolve in whole or in part. The agreement shall set forth the
2corporate name of the Municipal Joint Action Water Agency and
3its duration. Promptly upon any agreement establishing a
4Municipal Joint Action Water Agency being entered into, or
5upon the amending of any such agreement, a copy of such
6agreement or amendment shall be filed in the office of the
7Secretary of State of Illinois. Promptly upon the addition or
8withdrawal of any municipality, public water district,
9township in a county with a population under 700,000, or
10county, or upon the dissolution of a Municipal Joint Action
11Water Agency, that fact shall be certified by an officer of the
12Agency to the Secretary of State of Illinois.
13    (b) The governing body of any Municipal Joint Action Water
14Agency established pursuant to this Section 3.1 shall be a
15Board of Directors. There shall be one Director from each
16member municipality, public water district, township, State
17university, and county of the Municipal Joint Action Water
18Agency appointed by ordinance of the corporate authorities of
19the municipality, public water district, township, or county.
20Each Director shall have one vote, and shall meet the
21requirements of paragraphs (1) or (2), as applicable.
22        (1) Each Director shall be the Mayor or President of
23    the member municipality, or the chairman of the board of
24    trustees of the member public water district, the
25    supervisor of the member township, the appointee of the
26    State university, or the chairman of the county board or

 

 

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1    chief executive officer of the member county or a county
2    board member appointed by the chairman of the county board
3    of the member county, appointing the Director; an elected
4    member of the corporate authorities of that municipality,
5    public water district, township, or county; or other
6    elected official of the appointing municipality, public
7    water district, township, or county. Any agreement
8    establishing a Municipal Joint Action Water Agency shall
9    specify the period during which a Director shall hold
10    office and may provide for the appointment of Alternate
11    Directors from member municipalities, public water
12    districts, townships, or counties. The Board of Directors
13    shall elect one Director to serve as Chairman, and shall
14    elect persons, who need not be Directors, to such other
15    offices as shall be designated in the agreement.
16        (2) For any Municipal Joint Action Water Agency
17    established after the effective date of this amendatory
18    Act of the 100th General Assembly, each Director shall
19    either: (i) meet the qualifications specified under
20    paragraph (1); or (ii) be an appointed official of a
21    member municipality, public water district, township,
22    State university, or county, as designated by ordinance or
23    other official action, from time to time by the corporate
24    authorities of the member municipality, public water
25    district, township, State university, or county.
26    The Board of Directors shall determine the general policy

 

 

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1of the Municipal Joint Action Water Agency, shall approve the
2annual budget, shall make all appropriations (which may
3include appropriations made at any time in addition to those
4made in any annual appropriation document), shall approve all
5contracts for the purchase or sale of water, shall adopt any
6resolutions providing for the issuance of bonds or notes by
7the Agency, shall adopt its by-laws, rules and regulations,
8and shall have such other powers and duties as may be
9prescribed in the agreement. Such agreement may further
10specify those powers and actions of the Municipal Joint Action
11Water Agency which shall be authorized only upon votes of
12greater than a majority of all Directors or only upon consents
13of the corporate authorities of a certain number of member
14municipalities, public water districts, townships, State
15universities, or counties.
16    The agreement may provide for the establishment of an
17Executive Committee to consist of the municipal manager or
18other elected or appointed official of each member
19municipality, public water district, township, State
20university, or county, as designated by ordinance or other
21official action, from time to time by the corporate
22authorities of the member municipality, public water district,
23township, State university, or county, and may prescribe
24powers and duties of the Executive Committee for the efficient
25administration of the Agency.
26    (c) A Municipal Joint Action Water Agency established

 

 

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1pursuant to this Section 3.1 may plan, construct, improve,
2extend, acquire, finance (including the issuance of revenue
3bonds or notes as provided in this Section 3.1), operate,
4maintain, and contract for a joint waterworks or water supply
5system which may include, or may consist of, without
6limitation, facilities for receiving, storing, and
7transmitting water from any source for supplying water to
8member municipalities, public water districts, townships, or
9counties (including county special service areas created under
10the Special Service Area Tax Act and county service areas
11authorized under the Counties Code), or other public agencies,
12persons, or corporations. Facilities of the Municipal Joint
13Action Water Agency may be located within or without the
14corporate limits of any member municipality.
15    A Municipal Joint Action Water Agency shall have such
16powers as shall be provided in the agreement establishing it,
17which may include, but need not be limited to, the following
18powers:
19        (i) to sue or be sued;
20        (ii) to apply for and accept gifts or grants or loans
21    of funds or property or financial or other aid from any
22    public agency or private entity;
23        (iii) to acquire, hold, sell, lease as lessor or
24    lessee, transfer or dispose of such real or personal
25    property, or interests therein, as it deems appropriate in
26    the exercise of its powers, and to provide for the use

 

 

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1    thereof by any member municipality, public water district,
2    township, or county;
3        (iv) to make and execute all contracts and other
4    instruments necessary or convenient to the exercise of its
5    powers (including contracts with member municipalities,
6    with public water districts, with townships, and with
7    counties on behalf of county service areas); and
8        (v) to employ agents and employees and to delegate by
9    resolution to one or more of its Directors or officers
10    such powers as it may deem proper.
11    Member municipalities, public water districts, townships,
12State universities, or counties may, for the purposes of, and
13upon request by, the Municipal Joint Action Water Agency,
14exercise the power of eminent domain available to them, convey
15property so acquired to the Agency for the cost of
16acquisition, and be reimbursed for all expenses related to
17this exercise of eminent domain power on behalf of the Agency.
18    All property, income and receipts of or transactions by a
19Municipal Joint Action Water Agency shall be exempt from all
20taxation, the same as if it were the property, income or
21receipts of or transaction by the member municipalities,
22public water districts, townships, State universities, or
23counties.
24    (d) A Municipal Joint Action Water Agency established
25pursuant to this Section 3.1 shall have the power to buy water
26and to enter into contracts with any person, corporation or

 

 

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1public agency (including any member municipality, public water
2district, township, or county) for that purpose. Any such
3contract made by an Agency for a supply of water may contain
4provisions whereby the Agency is obligated to pay for the
5supply of water without setoff or counterclaim and
6irrespective of whether the supply of water is ever furnished,
7made available or delivered to the Agency or whether any
8project for the supply of water contemplated by any such
9contract is completed, operable or operating and
10notwithstanding any suspension, interruption, interference,
11reduction or curtailment of the supply of water from such
12project. Any such contract may provide that if one or more of
13the other purchasers defaults in the payment of its
14obligations under such contract or a similar contract made
15with the supplier of the water one or more of the remaining
16purchasers party to such contract or such similar contract
17shall be required to pay for all or a portion of the
18obligations of the defaulting purchasers. No such contract may
19have a term in excess of 50 years.
20    A Municipal Joint Action Water Agency shall have the power
21to sell water and to enter into contracts with any person,
22corporation or public agency (including any member
23municipality, any public water district, any township, any
24State university, or any county on behalf of a county service
25area as set forth in this Section) for that purpose. No such
26contract may have a term in excess of 50 years. Any such

 

 

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1contract entered into to sell water to a public agency may
2provide that the payments to be made thereunder by such public
3agency shall be made solely from revenues to be derived by such
4public agency from the operation of its waterworks system or
5its combined waterworks and sewerage system. Any public agency
6so contracting to purchase water shall establish from time to
7time such fees and charges for its water service or combined
8water and sewer service as will produce revenues sufficient at
9all times to pay its obligations to the Agency under the
10purchase contract. Any such contract so providing shall not
11constitute indebtedness of such public agency so contracting
12to buy water within the meaning of any statutory or
13constitutional limitation. Any such contract of a public
14agency to buy water shall be a continuing, valid and binding
15obligation of such public agency payable from such revenues.
16    A Municipal Joint Action Water Agency shall establish fees
17and charges for the purchase of water from it or for the use of
18its facilities. No prior appropriation shall be required by
19either the Municipal Joint Action Water Agency or any public
20agency before entering into any contract authorized by this
21paragraph (d).
22    The changes in this Section made by this amendatory Act of
231984 are intended to be declarative of existing law.
24    (e) 1. A Municipal Joint Action Water Agency established
25pursuant to this Section 3.1 may, from time to time, borrow
26money and, in evidence of its obligation to repay the

 

 

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1borrowing, issue its negotiable water revenue bonds or notes
2pursuant to this paragraph (e) for any of the following
3purposes: for paying costs of constructing, acquiring,
4improving or extending a joint waterworks or water supply
5system; for paying other expenses incident to or incurred in
6connection with such construction, acquisition, improvement or
7extension; for repaying advances made to or by the Agency for
8such purposes; for paying interest on the bonds or notes until
9the estimated date of completion of any such construction,
10acquisition, improvement or extension and for such period
11after the estimated completion date as the Board of Directors
12of the Agency shall determine; for paying financial, legal,
13administrative and other expenses of the authorization,
14issuance, sale or delivery of bonds or notes; for paying costs
15of insuring payment of the bonds or notes; for providing or
16increasing a debt service reserve fund with respect to any or
17all of the Agency's bonds or notes; and for paying, refunding
18or redeeming any of the Agency's bonds or notes before, after
19or at their maturity, including paying redemption premiums or
20interest accruing or to accrue on such bonds or notes being
21paid or redeemed or for paying any other costs in connection
22with any such payment or redemption.
23    2. Any bonds or notes issued pursuant to this paragraph
24(e) by a Municipal Joint Action Water Agency shall be
25authorized by a resolution of the Board of Directors of the
26Agency adopted by the affirmative vote of Directors from a

 

 

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1majority of the member municipalities, public water districts,
2townships, State universities, and counties, and any
3additional requirements as may be set forth in the agreement
4establishing the Agency. The authorizing resolution may be
5effective immediately upon its adoption. The authorizing
6resolution shall describe in a general way any project
7contemplated to be financed by the bonds or notes, shall set
8forth the estimated cost of the project and shall determine
9its period of usefulness. The authorizing resolution shall
10determine the maturity or maturities of the bonds or notes,
11the rate or rates at which the bonds or notes are to bear
12interest and all the other terms and details of the bonds or
13notes. All such bonds or notes shall mature within the period
14of estimated usefulness of the project with respect to which
15such bonds or notes are issued, as determined by the Board of
16Directors, but in any event not more than 50 years from their
17date of issue. The bonds and notes may bear interest, payable
18at such times, at a rate or rates not exceeding the maximum
19rate established in the Bond Authorization Act, as from time
20to time in effect. Bonds or notes of a Municipal Joint Action
21Water Agency shall be sold in such manner as the Board of
22Directors of the Agency shall determine, either at par or at a
23premium or discount, but such that the effective interest cost
24(excluding any redemption premium) to the Agency of the bonds
25or notes shall not exceed a rate equal to the rate of interest
26specified in the Act referred to in the preceding sentence.

 

 

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1    The resolution authorizing the issuance of any bonds or
2notes pursuant to this paragraph (e) shall constitute a
3contract with the holders of the bonds and notes. The
4resolution may contain such covenants and restrictions with
5respect to the purchase or sale of water by the Agency and the
6contracts for such purchases or sales, the operation of the
7joint waterworks system or water supply system, the issuance
8of additional bonds or notes by the Agency, the security for
9the bonds and notes, and any other matters, as may be deemed
10necessary or advisable by the Board of Directors to assure the
11payment of the bonds or notes of the Agency.
12    3. The resolution authorizing the issuance of bonds or
13notes by a Municipal Joint Action Water Agency shall pledge
14and provide for the application of revenues derived from the
15operation of the Agency's joint waterworks or water supply
16system (including from contracts for the sale of water by the
17Agency) and investment earnings thereon to the payment of the
18cost of operation and maintenance of the system (including
19costs of purchasing water), to provision of adequate
20depreciation, reserve or replacement funds with respect to the
21system or the bonds or notes, and to the payment of principal,
22premium, if any, and interest on the bonds or notes of the
23Agency (including amounts for the purchase of such bonds or
24notes). The resolution shall provide that revenues of the
25Municipal Joint Action Water Agency so derived from the
26operation of the system, sufficient (together with other

 

 

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1receipts of the Agency which may be applied to such purposes)
2to provide for such purposes, shall be set aside as collected
3in a separate fund or funds and used for such purposes. The
4resolution may provide that revenues not required for such
5purposes may be used for any proper purpose of the Agency or
6may be returned to member municipalities.
7    Any notes of a Municipal Joint Action Water Agency issued
8in anticipation of the issuance of bonds by it may, in
9addition, be secured by a pledge of proceeds of bonds to be
10issued by the Agency, as specified in the resolution
11authorizing the issuance of such notes.
12    4. (i) Except as provided in clauses (ii) and (iii) of this
13subparagraph 4 of this paragraph (e), all bonds and notes of
14the Municipal Joint Action Water Agency issued pursuant to
15this paragraph (e) shall be revenue bonds or notes. Such
16revenue bonds or notes shall have no claim for payment other
17than from revenues of the Agency derived from the operation of
18its joint waterworks or water supply system (including from
19contracts for the sale of water by the Agency) and investment
20earnings thereon, from bond or note proceeds and investment
21earnings thereon, or from such other receipts of the Agency as
22the agreement establishing the Agency may authorize to be
23pledged to the payment of revenue bonds or notes, all as and to
24the extent as provided in the resolution of the Board of
25Directors authorizing the issuance of the revenue bonds or
26notes. Revenue bonds or notes issued by a Municipal Joint

 

 

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1Action Water Agency pursuant to this paragraph (e) shall not
2constitute an indebtedness of the Agency or of any member
3municipality, public water district, township, or county
4within the meaning of any constitutional or statutory
5limitation. It shall be plainly stated on each revenue bond
6and note that it does not constitute an indebtedness of the
7Municipal Joint Action Water Agency or of any member
8municipality, public water district, township, or county
9within the meaning of any constitutional or statutory
10limitation.
11    (ii) If the Agreement so provides and subject to the
12referendum provided for in clause (iii) of this subparagraph 4
13of this paragraph (e), the Municipal Joint Action Water Agency
14may borrow money for corporate purposes on the credit of the
15Municipal Joint Action Water Agency, and issue general
16obligation bonds therefor, in such amounts and form and on
17such conditions as it shall prescribe, but shall not become
18indebted in any manner or for any purpose in an amount
19including existing indebtedness in the aggregate which exceeds
205.75% of the aggregate value of the taxable property within
21the boundaries of the participating municipalities, public
22water districts, townships, and county service areas within a
23member county determined by the governing body of the county
24by resolution to be served by the Municipal Joint Action Water
25Agency (including any territory added to the Agency after the
26issuance of such general obligation bonds), collectively

 

 

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1defined as the "Service Area", as equalized and assessed by
2the Department of Revenue and as most recently available at
3the time of the issue of said bonds. Before or at the time of
4incurring any such general obligation indebtedness, the
5Municipal Joint Action Water Agency shall provide for the
6collection of a direct annual tax, which shall be unlimited as
7to rate or amount, sufficient to pay the interest on such debt
8as it falls due and also to pay and discharge the principal
9thereof at maturity, which shall be within 40 years after the
10date of issue thereof. Such tax shall be levied upon and
11collected from all of the taxable property within the
12territorial boundaries of such Service Area at the time of the
13referendum provided for in clause (iii) and shall be levied
14upon and collected from all taxable property within the
15boundaries of any territory subsequently added to the Service
16Area. Dissolution of the Municipal Joint Action Water Agency
17for any reason shall not relieve the taxable property within
18such Service Area from liability for such tax. Liability for
19such tax for property transferred to or released from such
20Service Area shall be determined in the same manner as for
21general obligation bonds of such county, if in an
22unincorporated area, and of such municipality, if within the
23boundaries thereof. The clerk or other officer of the
24Municipal Joint Action Water Agency shall file a certified
25copy of the resolution or ordinance by which such bonds are
26authorized to be issued and such tax is levied with the County

 

 

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1Clerk or Clerks of the county or counties containing the
2Service Area, and such filing shall constitute, without the
3doing of any other act, full and complete authority for such
4County Clerk or Clerks to extend such tax for collection upon
5all the taxable property within the Service Area subject to
6such tax in each and every year, as required, in amounts
7sufficient to pay the principal of and interest on such bonds,
8as aforesaid, without limit as to rate or amount. Such tax
9shall be in addition to and in excess of all other taxes
10authorized to be levied by the Municipal Joint Action Water
11Agency or by such county, municipality, township, or public
12water district. The issuance of such general obligation bonds
13shall be subject to the other provisions of this paragraph
14(e), except for the provisions of clause (i) of this
15subparagraph 4.
16    (iii) No issue of general obligation bonds of the
17Municipal Joint Action Water Agency (except bonds to refund an
18existing bonded indebtedness) shall be authorized unless the
19Municipal Joint Action Water Agency certifies the proposition
20of issuing such bonds to the proper election authorities, who
21shall submit the proposition to the voters in the Service Area
22at an election in accordance with the general election law,
23and the proposition has been approved by a majority of those
24voting on the proposition.
25    The proposition shall be substantially in the following
26form:

 

 

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1--------------------------------------------------------
2    Shall general obligation
3bonds for the purpose of (state
4purpose), in the sum not to
5exceed $....(insert amount),                Yes
6be issued by the .........           ------------------------
7(insert corporate name of the               No
8Municipal Joint Action Water
9Agency)?
10-------------------------------------------------------------
11    5. As long as any bonds or notes of a Municipal Joint
12Action Water Agency created pursuant to this Section 3.1 are
13outstanding and unpaid, the Agency shall not terminate or
14dissolve and, except as permitted by the resolution or
15resolutions authorizing outstanding bonds or notes, no member
16municipality, public water district, township, or county may
17withdraw from the Agency. While any such bonds or notes are
18outstanding, all contracts for the sale of water by the Agency
19to member municipalities, public water districts, townships,
20or counties shall be irrevocable except as permitted by the
21resolution or resolutions authorizing such bonds or notes. The
22Agency shall establish fees and charges for its operations
23sufficient to provide adequate revenues to meet all of the
24requirements under its various resolutions authorizing bonds
25or notes.
26    6. A holder of any bond or note issued pursuant to this

 

 

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1paragraph (e) may, in any civil action, mandamus or other
2proceeding, enforce and compel performance of all duties
3required to be performed by the Agency or such counties, as
4provided in the authorizing resolution, or by any of the
5public agencies contracting with the Agency to purchase water,
6including the imposition of fees and charges, the collection
7of sufficient revenues and the proper application of revenues
8as provided in this paragraph (e) and the levying, extension
9and collection of such taxes.
10    7. In addition, the resolution authorizing any bonds or
11notes issued pursuant to this paragraph (e) may provide for a
12pledge, assignment, lien or security interest, for the benefit
13of the holders of any or all bonds or notes of the Agency, (i)
14on any or all revenues derived from the operation of the joint
15waterworks or water supply system (including from contracts
16for the sale of water) and investment earnings thereon or (ii)
17on funds or accounts securing the payment of the bonds or notes
18as provided in the authorizing resolution. In addition, such a
19pledge, assignment, lien or security interest may be made with
20respect to any receipts of the Agency which the agreement
21establishing the Agency authorizes it to apply to payment of
22bonds or notes. Any such pledge, assignment, lien or security
23interest for the benefit of holders of bonds or notes shall be
24valid and binding from the time the bonds or notes are issued,
25without any physical delivery or further act, and shall be
26valid and binding as against or prior to any claims of any

 

 

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1other party having any claims of any kind against the Agency
2irrespective of whether such other parties have notice of such
3pledge, assignment, lien or security interest.
4    A resolution of a Municipal Joint Water Agency authorizing
5the issuance of bonds or notes pursuant to this paragraph (e)
6may provide for the appointment of a corporate trustee with
7respect to any or all of such bonds or notes (which trustee may
8be any trust company or state or national bank having the power
9of a trust company within Illinois). In that event, the
10resolution shall prescribe the rights, duties and powers of
11the trustee to be exercised for the benefit of the Agency and
12the protection of the holders of such bonds or notes. The
13resolution may provide for the trustee to hold in trust,
14invest and use amounts in funds and accounts created as
15provided in the resolution. The resolution authorizing the
16bonds or notes may provide for the assignment and direct
17payment to the trustee of amounts owed by public agencies to
18the Municipal Joint Action Water Agency under water sales
19contracts for application by the trustee to the purposes for
20which such revenues are to be used as provided in this
21paragraph (e) and as provided in the authorizing resolution.
22Upon receipt of notice of such assignment, the public agency
23shall thereafter make the assigned payments directly to such
24trustee.
25    Nothing in this Section authorizes a Joint Action Water
26Agency to provide water service directly to residents within a

 

 

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1municipality or in territory within one mile or less of the
2corporate limits of a municipality that operates a public
3water supply unless the municipality has consented in writing
4to such service being provided.
5    (f) For fiscal years beginning before January 1, 2028,
6notwithstanding any other provision of law, the operations and
7fiscal activities of each municipal joint action water agency
8are subject to the Governmental Account Audit Act.
9    (g) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law, the operations and
11fiscal activities of each municipal joint action water agency
12are subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: P.A. 100-1076, eff. 8-24-18.)
 
15    (5 ILCS 220/10 new)
16    Sec. 10. Government Reporting Enhancement and Transparency
17Act.
18    (a) Any separate legal entity, whether currently existing
19or created in the future, that is established by a public
20agency subject to the Government Reporting Enhancement and
21Transparency Act shall also be subject to the Government
22Reporting Enhancement and Transparency Act for fiscal years
23beginning after December 31, 2027.
24    (b) For fiscal years ending before January 1, 2028,
25notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of the wastewater
2treatment authority established by the City of West Chicago
3and Village of Winfield shall be subject to the Governmental
4Account Audit Act.
5    (c) For fiscal years beginning after December 31, 2027,
6the operations and fiscal activities of the wastewater
7treatment authority established by the City of West Chicago
8and Village of Winfield shall be subject to the Government
9Reporting Enhancement and Transparency Act.
 
10    Section 900-10. The State Comptroller Act is amended by
11changing Section 23.7 as follows:
 
12    (15 ILCS 405/23.7)
13    Sec. 23.7. Comptroller; local government and school
14district registry.
15    (a) Through December 31, 2027, the The Comptroller shall
16establish and maintain a registry of all units of local
17government and school districts within the State. Within 60
18days following the creation or dissolution of a unit of local
19government or school district, each county clerk shall provide
20to the Comptroller information for the registry in a manner
21prescribed by the Comptroller. Information in the registry may
22include, but shall not be limited to, the name, address, and
23type of government unit, the names of current elected or
24appointed office holders, and such other information as the

 

 

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1Comptroller may determine. Each county clerk shall notify the
2Comptroller upon learning of the creation or dissolution of
3any unit of local government or school district.
4    (b) On and after January 1, 2028, the Comptroller shall
5maintain a registry of local governments in accordance with
6the Government Reporting Enhancement and Transparency Act.
7(Source: P.A. 101-34, eff. 6-28-19.)
 
8    Section 900-15. The Property Tax Code is amended by adding
9Section 2-23 as follows:
 
10    (35 ILCS 200/2-23 new)
11    Sec. 2-23. Government Reporting Enhancement and
12Transparency Act.
13    (a) For fiscal years ending before January 1, 2028,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of each multi-township
16assessment district shall be subject to the Governmental
17Account Audit Act.
18    (b) For fiscal years beginning after December 31, 2027,
19notwithstanding any other provision of law to the contrary,
20the operations and fiscal activities of each multi-township
21assessment district shall be subject to the Government
22Reporting Enhancement and Transparency Act.
 
23    (35 ILCS 200/30-30 rep.)

 

 

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1    (35 ILCS 200/30-31 rep.)
2    Section 900-17. The Property Tax Code is amended by
3repealing Sections 30-30 and 30-31.
 
4    Section 900-20. The Public Building Commission Act is
5amended by changing Section 10 as follows:
 
6    (50 ILCS 20/10)  (from Ch. 85, par. 1040)
7    Sec. 10. Government Reporting Enhancement and Transparency
8Act.
9    (a) A Public Building Commission shall provide for the
10proper safekeeping of its records, subject to the provisions
11of the "The Local Records Act", enacted by the Seventy-second
12General Assembly, and shall keep a minute book for the
13recording of the corporate action of the Board of
14Commissioners. A complete record of the meetings and
15proceedings of the Board of Commissioners shall be kept in
16such minute book and such minutes shall be signed by the
17Secretary of the Public Building Commission. The Commission
18shall keep a true and accurate account of its receipts and
19disbursements and an annual audit shall be made of its books,
20records and accounts for fiscal years ending before January 1,
212028. The audit shall be presented annually for review to each
22governing body under whose resolution the Commission is
23organized. If an audit is not presented on an annual basis, any
24or all governing bodies under whose resolutions the Commission

 

 

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1is organized may order their own audit of the Commission's
2books, records, and accounts. The Commission shall cooperate
3by providing all requested documentation. When an audit is
4conducted at the direction of a governing body, no more than
5one audit shall be conducted for all governing bodies under
6whose resolutions the Commission is organized and the audit
7shall be paid for from Commission funds. All officers and
8employees authorized to receive or retain the custody of money
9or to sign vouchers, checks, warrants, or evidences of
10indebtedness on behalf of the Commission, shall furnish surety
11bond for the faithful performance of their duties and the
12faithful accounting of all monies that may come into their
13hands, in an amount to be fixed and in a form to be approved by
14the Board of Commissioners.
15    (b) For fiscal years beginning after December 31, 2027,
16notwithstanding any other provision of law to the contrary,
17the operations and fiscal activities of a Commission shall be
18subject to the Government Reporting Enhancement and
19Transparency Act.
20(Source: P.A. 90-702, eff. 8-7-98.)
 
21    Section 900-25. The Local Government Financial Statement
22Act is amended by changing Section 1 as follows:
 
23    (50 ILCS 305/1)  (from Ch. 85, par. 601)
24    Sec. 1. Through December 31, 2027, the The corporate

 

 

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1authorities of all counties and municipal corporations and all
2public officers who in the discharge of their official duties
3receive all or any part of their funds from the County
4Collector or the County Treasurer and all fee officers other
5than city or village treasurers or municipal officers who are
6required to file an annual report, which report is required to
7be published, shall furnish as herein provided, within 60 days
8after January 1st and July 1st of each year a sworn, detailed
9and itemized statement of all receipts and expenditures of any
10character for the preceding 6 months and showing the names,
11addresses, positions and salaries of every employee of the
12county office or municipal corporation.
13    A copy of such statement shall be furnished for reference,
14on request, to all daily newspapers published in each city, in
15such county, and to the city library of each city. Copies shall
16also be furnished to the clerk of the circuit court or to the
17clerk of such municipal corporation, respectively, such copies
18to be kept available for inspection by persons applying
19therefor. The governing body of any such county or municipal
20corporation may direct the publication of such reports,
21respectively, in one or more daily newspapers respectively
22published therein, and the city council of cities of 300,000
23or more population shall so direct the publication thereof.
24    Nothing in this Act shall apply to the corporate
25authorities or any officer of a county which has a population
26of more than 3,000,000.

 

 

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1(Source: P.A. 86-412.)
 
2    Section 900-30. The Governmental Account Audit Act is
3amended by changing Section 4.5 and by adding Sections 7.5 and
410.5 as follows:
 
5    (50 ILCS 310/4.5)
6    Sec. 4.5. Comptroller's Audit Expense Revolving Fund.
7There is created the Comptroller's Audit Expense Revolving
8Fund as a special fund to be held by the State Treasurer, ex
9officio, as custodian, but separate and apart from the funds
10in the State treasury. The following moneys shall be deposited
11into that Fund:
12        (1) All moneys received by the Comptroller for
13    reimbursement of the Comptroller's cost of performing
14    audits and preparing or completing reports under Section 4
15    of this Act, Section 6-31004 of the Counties Code, or
16    Section 8-8-4 of the Illinois Municipal Code.
17        (2) All moneys appropriated to that Fund by the
18    General Assembly.
19    Expenditures from the Fund shall be made on vouchers
20signed by the Comptroller, for the sole purpose of paying the
21Comptroller's cost of performing audits and preparing or
22completing reports under Section 4 of this Act, Section
236-31004 of the Counties Code, or Section 8-8-4 of the Illinois
24Municipal Code.

 

 

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1    The State Treasurer shall invest moneys in the Fund in the
2same manner and subject to the same restrictions as moneys in
3the State treasury.
4    Notwithstanding any other provision of law to the
5contrary, on June 30, 2030, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the remaining balance from the
8Comptroller's Audit Expense Revolving Fund into the
9Comptroller's Administrative Fund. Upon completion of the
10transfer, the Comptroller's Audit Expense Revolving Fund is
11dissolved, and any future deposits due to that Fund and any
12outstanding obligations or liabilities of that Fund shall pass
13to the Comptroller's Administrative Fund.
14(Source: P.A. 88-280.)
 
15    (50 ILCS 310/7.5 new)
16    Sec. 7.5. Delinquent reports.
17    (a) In this Section:
18    "CPA firm" means a sole proprietorship, corporation,
19registered limited liability company, partnership,
20professional service corporation, or any other form of
21organization issued a license in accordance with the Illinois
22Public Accounting Act or a CPA firm authorized to use the CPA
23firm title under Section 5.2 of the Illinois Public Accounting
24Act.
25    "Responsible officials" means the elected or appointed

 

 

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1persons charged with governance and the responsibility for
2overseeing the strategic direction of the governmental unit
3and the obligations related to the accountability of the
4governmental unit.
5    (b) On or after March 15, 2027, if a governmental unit
6fails to comply with the requirements of this Act or any other
7State law mandating the governmental unit to undergo an audit
8and is more than 63 days late in meeting its reporting
9obligations, after considering any extensions granted by the
10Comptroller, the Comptroller shall review the governmental
11unit's actions. The review shall assess whether the
12governmental unit is taking appropriate corrective action to
13bring itself into compliance with the provisions of this Act.
14    (c) If the Comptroller's review determines the
15governmental unit is implementing appropriate corrective
16action in a timely manner, then the Comptroller shall
17        (1) communicate the delay in writing to the
18    governmental unit's responsible officials and the
19    Comptroller shall post the written letter on the
20    Comptroller's primary website;
21        (2) review the governmental unit's actions taken at
22    least every 28 days until either:
23            (A) the governmental unit complies with this Act;
24        or
25            (B) the Comptroller determines the governmental
26        unit is not implementing appropriate corrective action

 

 

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1        in a timely manner.
2    (d) If the Comptroller determines that the governmental
3unit is not implementing appropriate corrective action in a
4timely manner, then the Comptroller shall communicate the
5delay in writing to the governmental unit's responsible
6officials and the Comptroller shall post the written letter on
7the Comptroller's primary website.
8    (e) The Comptroller may waive, in whole or in part, the
9requirements of this Act or any other State law, except the
10requirements of the Government Reporting Enhancement and
11Transparency Act mandating the governmental unit to undergo an
12audit, if the waiver is granted in writing and sets forth the
13specific grounds supporting the determination.
14    A written waiver may be granted upon a finding by the
15Comptroller that exigent circumstances exist that materially
16prevent the governmental unit from complying with the
17requirements of this Act or any other State law except the
18requirements of the Government Reporting Enhancement and
19Transparency Act mandating the governmental unit to undergo a
20financial audit. Exigent circumstances include, but are not
21limited to, (i) the complete or substantial destruction of the
22governmental unit's financial or administrative records due to
23fire, flood, natural disaster, cyber incident, or other
24catastrophic event; (ii) the sudden dissolution, closure, or
25legal incapacity of the governmental unit; (iii) the seizure,
26impoundment, or restriction of access to records resulting

 

 

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1from judicial authorized law enforcement activity; (iv) the
2existence of conditions that would materially limit, restrict,
3or impair the scope of the engagement such that it is
4impracticable or impossible to satisfy the requirements
5prescribed by this Act; or (v) any other extraordinary event
6or circumstance that renders compliance impracticable.
7    Any written waiver granted by the Comptroller shall be
8limited in duration to the period reasonably necessary to
9address the exigent circumstances; to specify whether the
10written waiver applies to all or only certain requirements of
11the requirements of this Act or any other State law, except the
12requirements of the Government Reporting Enhancement and
13Transparency Act mandating the governmental unit to undergo a
14financial audit; and to include any conditions, alternative
15requirements, or remedial measures the Comptroller deems
16appropriate to protect the public interest.
17    Any written waiver granted by the Comptroller shall be
18posted on the Comptroller's primary website and shall be
19delivered by certified mail, return receipt requested, to (i)
20the responsible officials of the governmental unit and (ii)
21each member of the General Assembly whose legislative district
22includes all or any portion of the territory within the
23jurisdiction of the governmental unit.
24    The Comptroller's determination under this Section is
25final.
 

 

 

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1    (50 ILCS 310/10.5 new)
2    Sec. 10.5. Operability. Notwithstanding any other
3provision of this Act to the contrary, the provisions of this
4Act shall only apply to reports for fiscal years ending before
5January 1, 2028.
 
6    Section 900-35. The Counties Code is amended by changing
7Sections 6-31003, 6-31004, 6-31005, 6-31006, 6-31008, 6-31009,
86-31010, 6-31011, 6-31012, and 6-31013 and by adding Section
96-31007 as follows:
 
10    (55 ILCS 5/6-31003)  (from Ch. 34, par. 6-31003)
11    Sec. 6-31003. Annual audits and reports. For fiscal years
12ending before January 1, 2028, The county board of each county
13shall cause an audit of all of the funds and accounts of the
14county to be performed annually by an auditor or auditors
15chosen by the county board or by an auditor or auditors
16retained by the Comptroller, as hereinafter provided. In
17addition, each county shall file with the Comptroller a
18financial report containing information required by the
19Comptroller. Such financial report shall be on a form so
20designed by the Comptroller as not to require professional
21accounting services for its preparation. All audits and
22reports to be filed with the Comptroller under this Section
23must be submitted electronically and the Comptroller must post
24the audits and reports on the Internet no later than 45 days

 

 

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1after they are received. If the county provides the
2Comptroller's Office with sufficient evidence that the audit
3or report cannot be filed electronically, the Comptroller may
4waive this requirement. The Comptroller must also post a list
5of counties that are not in compliance with the reporting
6requirements set forth in this Section.
7    Any financial report under this Section shall include the
8name of the purchasing agent who oversees all competitively
9bid contracts. If there is no purchasing agent, the name of the
10person responsible for oversight of all competitively bid
11contracts shall be listed.
12    The audit shall commence as soon as possible after the
13close of each fiscal year and shall be completed within 180
14days after the close of such fiscal year, unless an extension
15of time is granted by the Comptroller in writing. Such
16extension of time shall not exceed 60 days. When the auditor or
17auditors have completed the audit a full report thereof shall
18be made and not less than 2 copies of each audit report shall
19be submitted to the county board. Each audit report shall be
20signed by the auditor performing the audit and shall include
21only financial information, findings and conclusions that are
22adequately supported by evidence in the auditor's working
23papers to demonstrate or prove, when called upon, the basis
24for the matters reported and their correctness and
25reasonableness. In connection with this, each county board
26shall retain the right of inspection of the auditor's working

 

 

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1papers and shall make them available to the Comptroller, or
2his designee, upon request.
3    Within 60 days of receipt of an audit report, each county
4board shall file one copy of each audit report and each
5financial report with the Comptroller and any comment or
6explanation that the county board may desire to make
7concerning such audit report may be attached thereto. An audit
8report which fails to meet the requirements of this Division
9shall be rejected by the Comptroller and returned to the
10county board for corrective action. One copy of each such
11report shall be filed with the county clerk of the county so
12audited.
13    This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule counties of powers and
16functions exercised by the State.
17(Source: P.A. 101-419, eff. 1-1-20.)
 
18    (55 ILCS 5/6-31004)  (from Ch. 34, par. 6-31004)
19    Sec. 6-31004. Overdue reports.
20    (a) In the event the required reports for a county are not
21filed with the Comptroller in accordance with Section 6-31003
22within 180 days after the close of the fiscal year of the
23county, the Comptroller shall notify the county board in
24writing that the reports are due, and may also grant an
25extension of time of up to 60 days for the filing of the

 

 

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1reports. In the event the required reports are not filed
2within the time specified in such written notice, the
3Comptroller shall cause the audit to be performed and the
4audit report prepared by an auditor or auditors.
5    (b) The Comptroller may decline to order an audit and the
6preparation of an audit report if an initial examination of
7the books and records of the governmental unit indicates that
8the books and records of the governmental unit are inadequate
9or unavailable due to the passage of time or the occurrence of
10a natural disaster.
11    (c) The State Comptroller may grant extensions for
12delinquent audits or reports. The Comptroller may charge a
13county a fee for a delinquent audit or report of $5 per day for
14the first 15 days past due, $10 per day for 16 through 30 days
15past due, $15 per day for 31 through 45 days past due, and $20
16per day for the 46th day and every day thereafter. These
17amounts may be reduced at the Comptroller's discretion. All
18fees collected under this subsection (c) shall be deposited
19into the Comptroller's Administrative Fund.
20    (d) This Section only applies to audits for fiscal years
21ending before January 1, 2028.
22(Source: P.A. 101-419, eff. 1-1-20.)
 
23    (55 ILCS 5/6-31005)  (from Ch. 34, par. 6-31005)
24    Sec. 6-31005. Funds managed by county officials. For
25officials that leave office prior to January 1, 2027, in In

 

 

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1addition to any other audit required by this Division, the
2County Board shall cause an audit to be made of all funds and
3accounts under the management or control of a county official
4as soon as possible after such official leaves office for any
5reason. The audit shall be filed with the county board not
6later than 180 days after the official leaves office. The
7audit shall be performed and the audit report shall be
8prepared and filed with the Chairman of the County Board by an
9auditor.
10    As used in this Section, "county official" means any
11elected county officer or any officer appointed by the county
12board who is charged with the management or control of any
13county funds; and "audit" means a post facto examination of
14books, documents, records, and other evidence relating to the
15obligation, receipt, expenditure or use of public funds of the
16county, including governmental operations relating to such
17obligations, receipt, expenditure or use.
18(Source: P.A. 101-419, eff. 1-1-20.)
 
19    (55 ILCS 5/6-31006)  (from Ch. 34, par. 6-31006)
20    Sec. 6-31006. Audit report.
21    (a) Prior to fiscal year 2019, the audit report shall
22contain statements that are in conformity with generally
23accepted public accounting principles or other comprehensive
24basis of accounting and shall set forth the financial position
25and the results of financial operations for each fund,

 

 

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1account, and office of the county government. The audit report
2shall also include the professional opinion of the auditor or
3auditors with respect to the financial status and operations
4or, if an opinion cannot be expressed, a declaration that such
5auditor is unable to express such opinion and an explanation
6of the reasons he or she cannot do so. Each audit report shall
7include the certification of the auditor or auditors making
8the audit that the audit has been performed in compliance with
9generally accepted auditing standards. Each audit report filed
10with the Comptroller shall be accompanied by a copy of each
11official statement or other offering of materials prepared in
12connection with the issuance of indebtedness of the county
13since the filing of the last audit report.
14    (b) For fiscal year 2019 and each fiscal year thereafter
15through the fiscal year ending immediately preceding January
161, 2028, the audit report shall contain statements that set
17forth the financial position and the results of financial
18operations for financial statements for governmental
19activities, business-type activities, discretely presented
20component units, and each major fund and aggregated nonmajor
21funds for each fund, account, and office of the county
22government. The audit report shall include the professional
23opinion or opinions of an auditor or auditors with respect to
24the financial status and statements or, if an opinion cannot
25be expressed, a declaration that the auditor is unable to
26express an opinion and an explanation of the reasons he or she

 

 

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1cannot do so. Each auditor's report shall include the
2representation of the auditor or auditors conducting the audit
3that the audit has been performed in accordance with generally
4accepted auditing standards. Each audit report filed with the
5Comptroller shall be accompanied by a copy of each official
6statement or other offering of materials prepared in
7connection with the issuance of indebtedness of the county
8since the filing of the last audit report.
9    (c) For fiscal year 2019 and each fiscal year thereafter
10through the fiscal year ending immediately preceding January
111, 2028, audit reports shall contain financial statements
12prepared in accordance with generally accepted accounting
13principles and audited in conformity with generally accepted
14auditing standards if the last audit report filed preceding
15fiscal year 2019 expressed an unmodified or modified opinion
16by the auditor that the financial statements were presented in
17accordance with generally accepted accounting principles.
18    (d) For fiscal year 2019 and each fiscal year thereafter
19through the fiscal year ending immediately preceding January
201, 2028, audit reports containing financial statements
21prepared in accordance with an other comprehensive basis of
22accounting may follow the best practices and guidelines
23outlined by the American Institute of Certified Public
24Accountants and shall be audited in accordance with generally
25accepted auditing standards. If the county board of a county
26submits an audit report containing financial statements

 

 

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1prepared in accordance with generally accepted accounting
2principles, thereafter all future audit reports shall also
3contain financial statements prepared in accordance with
4generally accepted accounting principles.
5    (e) For fiscal years ending before January 1, 2028, audits
6Audits may be made on financial statements prepared using
7either an accrual or cash basis of accounting, depending upon
8the system followed by the county, and audit reports shall
9comply with this Section.
10(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 
11    (55 ILCS 5/6-31007 new)
12    Sec. 6-31007. Transitional agreed-upon engagements.
13    (a) No later than 10 days after certification of the
14election results after October 31, 2026, the county board
15chairperson, county board president, or county executive shall
16notify newly elected countywide officials of the option for an
17independent CPA or CPA firm, as those terms are defined in
18Section 0.03 of the Illinois Public Accounting Act, to conduct
19transitional agreed-upon procedures at the county's expense.
20The county board shall pay all costs associated with these
21agreed-upon procedures. The agreed-upon procedures shall
22assist users in understanding if funds received or funds
23expended during the current fiscal year by the official for
24whom the newly elected official is taking over were consistent
25with the county board's financial allocations to that official

 

 

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1and applicable laws, rules, and regulations.
2    (b) A home rule county shall not regulate transitional
3agreed-upon engagements in a manner inconsistent with this
4Section. This Section is a limitation under subsection (i) of
5Section 6 of Article VII of the Illinois Constitution on the
6concurrent exercise by home rule units of powers and functions
7exercised by the State
 
8    (55 ILCS 5/6-31008)  (from Ch. 34, par. 6-31008)
9    Sec. 6-31008. Expenses of audit. The expenses of
10conducting the audit and making the required audit report or
11financial statement for each county, whether ordered by the
12county board or the Comptroller, shall be paid by the county
13and the county board shall make provisions for such payment.
14If the audit is made by an auditor or auditors retained by the
15Comptroller, the county, through the county board, shall pay
16to the Comptroller reasonable compensation and expenses to
17reimburse him for the cost of making such audit. Moneys paid to
18the Comptroller pursuant to the preceding sentence shall be
19deposited into the Comptroller's Audit Expense Revolving Fund.
20    Such expenses shall be paid from the general corporate
21fund of the county.
22    Contracts for the performance of audits required by this
23Division may be entered into without competitive bidding.
24    This Section only applies to fiscal years ending before
25January 1, 2028.

 

 

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1(Source: P.A. 101-419, eff. 1-1-20.)
 
2    (55 ILCS 5/6-31009)  (from Ch. 34, par. 6-31009)
3    Sec. 6-31009. Public records. For fiscal years ending
4before January 1, 2028, all All audit reports and financial
5statements are public records and shall be open to public
6inspection. The clerk of the county board shall furnish a copy
7of the audit report or financial statement to any person
8making a request and paying the fee therefor. The fee shall be
9set by the county board and shall not exceed $15.
10(Source: P.A. 86-962.)
 
11    (55 ILCS 5/6-31010)  (from Ch. 34, par. 6-31010)
12    Sec. 6-31010. Construction. The provisions of this
13Division and the Government Reporting Enhancement and
14Transparency Act shall not be construed to relieve any officer
15of any duty otherwise required of him by law with relation to
16the auditing, management, collection or disbursement of public
17funds. Failure of the county board to comply with any of the
18provisions of this Division shall not affect the legality of
19any taxes levied by the county board.
20(Source: P.A. 86-962.)
 
21    (55 ILCS 5/6-31011)  (from Ch. 34, par. 6-31011)
22    Sec. 6-31011. Audit committee. The corporate authorities
23of a county may establish an audit committee, and may appoint

 

 

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1members of the corporate authority or other appropriate
2officers to the committee, to review audit reports prepared
3under this Division, the Government Reporting Enhancement and
4Transparency Act, and any other financial reports and
5documents, including management letters prepared by or on
6behalf of the county.
7(Source: P.A. 86-962.)
 
8    (55 ILCS 5/6-31012)
9    Sec. 6-31012. Audit report disclosure. Each fiscal year
10through the fiscal year ending immediately preceding January
111, 2028, within 60 days of the close of an audit under this
12Division, the auditor conducting the audit of all of the funds
13and accounts of a county shall do each of the following:
14        (1) Provide a copy of any management letter and a copy
15    of any audited financial statements to each member of the
16    county board. If the county maintains an Internet website,
17    the county board shall post this information to its
18    website.
19        (2) Present the information from the audit to the
20    county board either in person or by a live phone or web
21    connection during a public meeting.
22(Source: P.A. 98-738, eff. 1-1-15.)
 
23    (55 ILCS 5/6-31013)
24    Sec. 6-31013. Transitional audits.

 

 

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1    (a) No later than 10 days after certification of the
2election results through October 31, 2026, the county board
3chairperson, county board president, or county executive shall
4notify newly elected countywide officials of the option for an
5auditor to conduct a transitional audit at the county's
6expense. An elected county auditor shall conduct the audit
7upon a request of the newly elected countywide official. In a
8county that does not have an elected county auditor, the newly
9elected countywide official may hire a qualified auditing
10firm. The county board shall pay all costs associated with an
11audit. The transitional audit shall examine funds expended by
12the official for whom the newly elected official is taking
13over and report if the expended funds were consistent with the
14county board's financial allocations to that official.
15    (b) A county board shall give the option for a
16transitional financial audit to all county officials elected
17in or after November 2016 through September 30, 2026.
18    (c) A home rule county shall not regulate transitional
19audits in a manner inconsistent with this Section. This
20Section is a limitation under subsection (i) of Section 6 of
21Article VII of the Illinois Constitution on the concurrent
22exercise by home rule units of powers and functions exercised
23by the State.
24(Source: P.A. 101-544, eff. 8-23-19.)
 
25    Section 900-40. The Township Code is amended by changing

 

 

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1Sections 80-20, 80-65, and 205-90 as follows:
 
2    (60 ILCS 1/80-20)
3    Sec. 80-20. Independent audit of accounts.
4    (a) All accounts audited under this Article (and those
5rejected, if any) shall be delivered with the certificate of
6the trustees (or a majority of them) to the township clerk, who
7shall keep them on file for the inspection of any of the
8inhabitants of the township. They shall also be produced by
9the township clerk at the next annual meeting and shall be read
10at the meeting by the clerk.
11    (b) For fiscal years ending before January 1, 2028, in In
12townships that receive revenue of $850,000 or more during any
13fiscal year, exclusive of road funds, the township board shall
14have the accounts and all records of the township thoroughly
15audited by a certified public accountant within 6 months after
16the close of each fiscal year. The board shall have a copy of
17the accountant's report and recommendations filed with the
18township clerk and another copy filed with the county clerk
19for public inspection.
20    (c) For fiscal years ending before January 1, 2028, in In
21townships that receive revenue of less than $850,000 during
22any fiscal year, exclusive of road funds, the township board
23shall have the accounts and all records of the township
24audited and inspected by an independent auditing committee
25composed of 3 township electors chosen by the board. The audit

 

 

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1shall be completed within 6 months after the close of each
2fiscal year. A copy of the auditing committee's report and
3recommendations shall be filed with the township clerk and
4another copy shall be filed with the county clerk for public
5inspection. The auditing committee shall not contain any
6member of the township board or any person related to a
7trustee. Members of the auditing committee shall be proficient
8in accounting principles and practices and shall be
9compensated at a rate determined by the township board but not
10to exceed $50 per day. In addition to the other audit
11requirements imposed by law, in townships subject to this
12subsection, the township board shall have the accounts and all
13records of the township thoroughly audited by a certified
14public accountant within 6 months after (i) the end of each
15term of office of the township supervisor and (ii) a vacancy
16occurs in the office of township supervisor. A copy of the
17accountant's report and recommendations shall be filed with
18the township clerk and another copy shall be filed with the
19county clerk for public inspection.
20    (d) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of each township and road
23district comprised of a single township shall be combined and
24shall be subject to the Government Reporting Enhancement and
25Transparency Act.
26(Source: P.A. 92-582, eff. 7-1-02.)
 

 

 

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1    (60 ILCS 1/80-65)
2    Sec. 80-65. Annual audit. The township board shall comply
3with the Governmental Account Audit Act for fiscal years
4ending before January 1, 2028.
5(Source: P.A. 88-62.)
 
6    (60 ILCS 1/205-90)
7    Sec. 205-90. System of accounts; audits.
8    (a) The township board of each township availing itself of
9the provisions of this Article shall maintain a proper system
10of accounts showing the receipts from the operation of the
11system and the application of those receipts and shall at
12least once each year cause the accounts to be properly audited
13by independent public accountants for fiscal years ending
14before January 1, 2028. Copies of the audits shall be filed in
15the office of the township clerk and shall be made available
16for inspection at all proper times by any water user, township
17board member, or other interested person.
18    (b) For fiscal years beginning after December 31, 2027,
19notwithstanding any other provision of law to the contrary,
20the operations and fiscal activities of each waterworks
21system, sewerage system, combined waterworks and sewerage
22system, or system shall be combined with the township and
23shall be subject to the Government Reporting Enhancement and
24Transparency Act.

 

 

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1(Source: P.A. 82-783; 88-62.)
 
2    Section 900-45. The Illinois Municipal Code is amended by
3changing Sections 3.1-35-115, 4-5-16, 8-8-3, 8-8-3.5, 8-8-4,
48-8-5, 8-8-7, 8-8-8, 8-8-10, 8-8-10.5, 8-12-15, 11-10-2,
511-65-9, 11-74.4-5, 11-74.4-8a, 11-74.6-22, 11-94-5,
611-117-13, 11-119.1-4, 11-119.2-4, 11-122-5, 11-123-14,
711-130-11, 11-139-10, and 11-141-8 as follows:
 
8    (65 ILCS 5/3.1-35-115)  (from Ch. 24, par. 3.1-35-115)
9    Sec. 3.1-35-115. Comptroller; duties.
10    (a) The comptroller, if one is elected or appointed in a
11municipality (and if not, then the municipal clerk), shall
12exercise a general supervision over all the officers of the
13municipality charged in any manner with the receipt,
14collection, or disbursement of the municipal revenue, or with
15the collection and return of the municipal revenue, or with
16the collection and return of the municipal revenue into the
17treasury.
18    (b) The comptroller shall have custody and control of all
19municipal documents, books, and papers designated by the
20corporate authorities.
21    (c) On or before May 15 of each year, and before the annual
22appropriation ordinance is prepared by the corporate
23authorities, the comptroller shall submit to the corporate
24authorities a report of the comptroller's estimate, as nearly

 

 

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1as may be, of the money necessary to defray the expenses of the
2municipality during the current fiscal year. For the purpose
3of making this report, the comptroller is authorized to
4require all officers to submit statements of the condition and
5expenses of their respective offices or departments, with any
6proposed municipal improvements and the probable expense of
7those improvements, all unperformed contracts, and the amount
8of all unexpended appropriations of the preceding year.
9    (d) In this report, the comptroller shall (i) classify the
10different objects and purposes of expenditure, giving, as
11nearly as may be, the amount required for each, (ii) show the
12aggregate income of the preceding fiscal year, from all
13sources, (iii) show the amount of liabilities upon which
14interest is to be paid, (iv) show the bonds and debts payable
15during the year, when due and payable, and (v) give all other
16information to the corporate authorities the comptroller deems
17necessary, so that the corporate authorities may fully
18understand the demands upon the municipality for the current
19fiscal year.
20    (e) In municipalities of 500,000 or more inhabitants, the
21preparation of the report required by this Section and its
22form and substance, including the classification of the
23different objects and purposes of expenditures, shall be
24performed by the budget director of the municipality. For
25fiscal years ending before January 1, 2028, in In those
26municipalities the comptroller shall prepare an annual

 

 

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1post-audit of all funds for the preceding year which shall be
2known as the "comptroller's report", a copy of which shall be
3sent by the municipal comptroller to the State Comptroller.
4(Source: P.A. 87-1119.)
 
5    (65 ILCS 5/4-5-16)  (from Ch. 24, par. 4-5-16)
6    Sec. 4-5-16. Statement of receipts and expenses;
7examination of books and accounts; expenditure greater than
8appropriation.
9    (a) For fiscal years ending before January 1, 2028, in In
10municipalities with 25,000 or more inhabitants, the council
11each month shall print in pamphlet form, a detailed itemized
12statement of all receipts and expenses of the municipality and
13a summary of its proceedings during the preceding month. For
14fiscal years ending before January 1, 2028, in In
15municipalities with fewer than 25,000 inhabitants, the council
16shall print a similar statement annually instead of monthly.
17The council shall furnish printed copies of each statement to
18(i) the State Library, (ii) the city library, (iii) all the
19daily and weekly newspapers with a general circulation in the
20municipality, and (iv) persons who apply for a copy at the
21office of the municipal clerk.
22    (b) For fiscal years ending before January 1, 2028, at At
23the end of each fiscal year, the council shall have licensed
24Certified Public Accountants permitted to perform audits under
25the Illinois Public Accounting Act make a full and complete

 

 

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1examination of all books and accounts of the municipality and
2shall distribute the result of that examination in the manner
3provided in this Section.
4    (c) It is unlawful for the council or any commissioner to
5expend, directly or indirectly, a greater amount for any
6municipal purpose than the amount appropriated for that
7purpose in the annual appropriation ordinance passed for that
8fiscal year. A violation of this provision by any member of the
9council shall constitute a petty offense.
10(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
 
11    (65 ILCS 5/8-8-3)  (from Ch. 24, par. 8-8-3)
12    Sec. 8-8-3. Audit requirements.
13    (a) The corporate authorities of each municipality coming
14under the provisions of this Division 8 shall cause an audit of
15the funds and accounts of the municipality to be made by an
16auditor or auditors employed by such municipality or by an
17auditor or auditors retained by the Comptroller, as
18hereinafter provided.
19    (b) Until Fiscal Year 2027, the accounts and funds of each
20municipality having a population of 800 or more or having a
21bonded debt or owning or operating any type of public utility
22shall be audited annually. The audit herein required shall
23include all of the accounts and funds of the municipality.
24Such audit shall be begun as soon as possible after the close
25of the fiscal year, and shall be completed and the report

 

 

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1submitted within 180 days after the close of such fiscal year,
2unless an extension of time shall be granted by the
3Comptroller in writing. The auditor or auditors performing
4perform the audit shall submit not less than 2 copies of the
5audit report to the corporate authorities of the municipality
6being audited. Municipalities not operating utilities may
7cause audits of the accounts of municipalities to be made more
8often than herein provided, by an auditor or auditors. The
9audit report of such audit when filed with the Comptroller
10together with an audit report covering the remainder of the
11period for which an audit is required to be filed hereunder
12shall satisfy the requirements of this Section section. This
13subsection (b) becomes inoperative inoperable in Fiscal Year
142027.
15    (c) Until Fiscal Year 2027, municipalities of less than
16800 population which do not own or operate public utilities
17and do not have bonded debt, shall file annually with the
18Comptroller a financial report containing information required
19by the Comptroller. Such annual financial report shall be on
20forms devised by the Comptroller in such manner as to not
21require professional accounting services for its preparation.
22This subsection (c) becomes inoperative inoperable in Fiscal
23Year 2027.
24    (d) Until Fiscal Year 2027, in addition to any audit
25report required, all municipalities, except municipalities of
26less than 800 population which do not own or operate public

 

 

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1utilities and do not have bonded debt, shall file annually
2with the Comptroller a supplemental report on forms devised
3and approved by the Comptroller. This subsection (d) becomes
4inoperative inoperable in Fiscal Year 2027.
5    (e) Until Fiscal Year 2027, notwithstanding any provision
6of law to the contrary, if a municipality (i) has a population
7of less than 200, (ii) has bonded debt in the amount of $50,000
8or less, and (iii) owns or operates a public utility, then the
9municipality shall cause an audit of the funds and accounts of
10the municipality to be performed by an auditor employed by the
11municipality or retained by the Comptroller for fiscal year
122011 and every fourth fiscal year thereafter or until the
13municipality has a population of 200 or more, has bonded debt
14in excess of $50,000, or no longer owns or operates a public
15utility. Nothing in this subsection shall be construed as
16limiting the municipality's duty to file an annual financial
17report with the Comptroller or to comply with the filing
18requirements concerning the county clerk. This subsection (e)
19becomes inoperative inoperable in Fiscal Year 2027.
20    (f) All audits and reports to be filed with the
21Comptroller under this Section must be submitted
22electronically and the Comptroller must post the audits and
23reports on the Internet no later than 45 days after they are
24received. If the municipality provides the Comptroller's
25Office with sufficient evidence that the audit or report
26cannot be filed electronically, the Comptroller may waive this

 

 

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1requirement. The Comptroller must also post a list of
2municipalities that are not in compliance with the reporting
3requirements set forth in this Section.
4    (g) Subsection (f) of this Section is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule
7municipalities of powers and functions exercised by the State.
8    (h) Any financial report under this Section shall include
9the name of the purchasing agent who oversees all
10competitively bid contracts. If there is no purchasing agent,
11the name of the person responsible for oversight of all
12competitively bid contracts shall be listed.
13    (i) Beginning in Fiscal Year 2027, if a municipality has a
14population of less than 1,000, does not own or operate public
15utilities, and does not have bonded debt, then the
16municipality shall file annually with the Comptroller an
17annual financial report.
18    (j) Beginning in Fiscal Year 2027, a municipality with a
19population of less than 1,000 shall annually file an annual
20financial report with the Comptroller if the municipality owns
21or operates public utilities or has bonded debt. Additionally,
22the municipality shall file an audit report once every 4 years
23unless the latest audit report filed with the Comptroller
24contains an adverse opinion or disclaimer of opinion. If the
25audit report contains an adverse opinion or disclaimer of
26opinion, then the municipality shall file an audit report

 

 

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1annually until the audit report shows no adverse opinion or
2disclaimer of opinion.
3    (k) Beginning in Fiscal Year 2027, if a municipality has a
4population of 1,000 or more, then the municipality shall file
5annually with the Comptroller an audit report and annual
6financial report.
7    (l) Beginning in Fiscal Year 2027, municipalities shall
8submit completed audit reports and annual financial reports
9within 180 days after the close of such fiscal year, unless an
10extension is granted by the Comptroller in writing. The
11auditor performing the audit shall submit not less than 2
12copies of the audit report to the corporate authorities of the
13municipality being audited. The audit report of such audit
14when filed with the Comptroller together with an audit report
15covering the remainder of the period for which an audit is
16required to be filed under this Section shall satisfy the
17requirements of this Section.
18    This Section only applies to fiscal years ending before
19January 1, 2028.
20(Source: P.A. 104-167, eff. 1-1-26; revised 12-12-25.)
 
21    (65 ILCS 5/8-8-3.5)
22    Sec. 8-8-3.5. Tax Increment Financing Report. The reports
23filed under subsection (d) of Section 11-74.4-5 of the Tax
24Increment Allocation Redevelopment Act and the reports filed
25under subsection (d) of Section 11-74.6-22 of the Industrial

 

 

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1Jobs Recovery Law in the Illinois Municipal Code must be
2separate from any other annual report filed with the
3Comptroller. The Comptroller must, in cooperation with
4reporting municipalities, create a format for the reporting of
5information described in paragraphs (1.5), (5), and (8) and in
6subparagraph (G) of paragraph (7) of subsection (d) of Section
711-74.4-5 of the Tax Increment Allocation Redevelopment Act
8and the information described in paragraphs (1.5), (5), and
9(8) and in subparagraph (G) of paragraph (7) of subsection (d)
10of Section 11-74.6-22 of the Industrial Jobs Recovery Law that
11facilitates consistent reporting among the reporting
12municipalities. The Comptroller may allow these reports to be
13filed electronically and may display the report, or portions
14of the report, electronically via the Internet. All reports
15filed under this Section must be made available for
16examination and copying by the public at all reasonable times.
17A Tax Increment Financing Report must be filed electronically
18with the Comptroller within 180 days after the close of the
19municipal fiscal year or as soon thereafter as the audit for
20the redevelopment project area for that fiscal year becomes
21available. If the Tax Increment Finance administrator provides
22the Comptroller's office with sufficient evidence that the
23report is in the process of being completed by an auditor, the
24Comptroller may grant an extension. If the required report is
25not filed within the time extended by the Comptroller, the
26Comptroller shall notify the corporate authorities of that

 

 

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1municipality that the audit report is past due. The
2Comptroller may charge a municipality a fee of $5 per day for
3the first 15 days past due, $10 per day for 16 through 30 days
4past due, $15 per day for 31 through 45 days past due, and $20
5per day for the 46th day and every day thereafter. These
6amounts may be reduced at the Comptroller's discretion. In the
7event the required audit report is not filed within 60 days of
8such notice, the Comptroller shall cause such audit to be made
9by an auditor or auditors. The Comptroller may decline to
10order an audit and the preparation of an audit report if an
11initial examination of the books and records of the
12municipality indicates that books and records of the
13municipality are inadequate or unavailable to support the
14preparation of the audit report or the supplemental report due
15to the passage of time or the occurrence of a natural disaster.
16All fees collected pursuant to this Section shall be deposited
17into the Comptroller's Administrative Fund. In the event the
18Comptroller causes an audit to be made in accordance with the
19requirements of this Section, the municipality shall pay to
20the Comptroller reasonable compensation and expenses to
21reimburse her for the cost of preparing or completing such
22report. Moneys paid to the Comptroller pursuant to the
23preceding sentence shall be deposited into the Comptroller's
24Audit Expense Revolving Fund.
25    This Section only applies to fiscal years ending before
26January 1, 2028.

 

 

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1(Source: P.A. 101-419, eff. 1-1-20; 102-127, eff. 7-23-21.)
 
2    (65 ILCS 5/8-8-4)  (from Ch. 24, par. 8-8-4)
3    Sec. 8-8-4. Overdue reports.
4    (a) In the event the required audit report for a
5municipality is not filed with the Comptroller in accordance
6with Section 8-8-7 within 180 days after the close of the
7fiscal year of the municipality, the Comptroller shall notify
8the corporate authorities of that municipality in writing that
9the audit report is due, and may also grant an extension of
10time of 60 days, for the filing of the audit report. In the
11event the required audit report is not filed within the time
12specified in such written notice, the Comptroller shall cause
13such audit to be made by an auditor or auditors. In the event
14the required annual or supplemental report for a municipality
15is not filed within 6 months after the close of the fiscal year
16of the municipality, the Comptroller shall notify the
17corporate authorities of that municipality in writing that the
18annual or supplemental report is due and may grant an
19extension in time of 60 days for the filing of such annual or
20supplemental report.
21    (b) In the event the annual or supplemental report is not
22filed within the time extended by the Comptroller, the
23Comptroller shall cause such annual or supplemental report to
24be prepared or completed and the municipality shall pay to the
25Comptroller reasonable compensation and expenses to reimburse

 

 

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1him for the cost of preparing or completing such annual or
2supplemental report. Moneys paid to the Comptroller pursuant
3to the preceding sentence shall be deposited into the
4Comptroller's Audit Expense Revolving Fund.
5    (c) The Comptroller may decline to order an audit or the
6completion of the supplemental report if an initial
7examination of the books and records of the municipality
8indicates that books and records of the municipality are
9inadequate or unavailable to support the preparation of the
10audit report or the supplemental report due to the passage of
11time or the occurrence of a natural disaster.
12    (d) The State Comptroller may grant extensions for
13delinquent audits or reports. The Comptroller may charge a
14municipality a fee for a delinquent audit or report of $5 per
15day for the first 15 days past due, $10 per day for 16 through
1630 days past due, $15 per day for 31 through 45 days past due,
17and $20 per day for the 46th day and every day thereafter.
18These amounts may be reduced at the Comptroller's discretion.
19All fees collected under this subsection (d) shall be
20deposited into the Comptroller's Administrative Fund.
21    (e) This Section only applies to fiscal years ending
22before January 1, 2028.
23(Source: P.A. 101-419, eff. 1-1-20.)
 
24    (65 ILCS 5/8-8-5)  (from Ch. 24, par. 8-8-5)
25    Sec. 8-8-5. (a) Prior to fiscal year 2019, the audit shall

 

 

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1be made in accordance with generally accepted auditing
2standards. Reporting on the financial position and results of
3financial operations for each fund of the municipality shall
4be in accordance with generally accepted accounting principles
5or other comprehensive basis of accounting. Each audit report
6shall include only financial information, findings, and
7conclusions that are adequately supported by evidence in the
8auditor's working papers to demonstrate or prove, when called
9upon, the basis for the matters reported and their correctness
10and reasonableness. In connection with this, each municipality
11shall retain the right of inspection of the auditor's working
12papers and shall make them available to the Comptroller, or
13his or her designee, upon request. The audit report shall
14consist of the professional opinion of the auditor or auditors
15with respect to the financial statements or, if an opinion
16cannot be expressed, a declaration that the auditor is unable
17to express such opinion and an explanation of the reasons he or
18she cannot do so. Municipal authorities shall not impose
19limitations on the scope of the audit to the extent that the
20effect of such limitations will result in the qualification of
21the opinion of the auditor or auditors. Each audit report
22filed with the Comptroller shall be accompanied by a copy of
23each official statement or other offering of materials
24prepared in connection with the issuance of indebtedness of
25the municipality since the filing of the last audit report.
26    (b) For fiscal year 2019 and each fiscal year thereafter,

 

 

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1the audit report shall include the financial statements for
2governmental activities, business-type activities, discretely
3presented component units, and each major fund and aggregated
4nonmajor fund. The audit report shall also include the
5professional opinion or opinions of the auditor or auditors
6with respect to the financial statements or, if an opinion
7cannot be expressed, a declaration that the auditor is unable
8to express an opinion and an explanation of the reasons he or
9she cannot do so. Each auditor's report shall include a
10representation by the auditor or auditors conducting the audit
11has been performed in accordance with generally accepted
12auditing standards. Municipal authorities shall not impose
13limitations on the scope of the audit to the extent that the
14effect of the limitations will result in the modification of
15the opinion or opinions of the auditor or auditors. Each audit
16report filed with the Comptroller shall be accompanied by a
17copy of each official statement or other offering of materials
18prepared in connection with the issuance of indebtedness of
19the municipality since the filing of the last audit report.
20    (c) For fiscal year 2019 and each fiscal year thereafter,
21audit reports shall contain financial statements prepared in
22accordance with generally accepted accounting principles and
23audited in accordance with generally accepted auditing
24standards if the last audit report filed preceding fiscal year
252019 expressed an unmodified or modified opinion by the
26auditor that the financial statements were prepared in

 

 

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1accordance with generally accepted accounting principles.
2    (d) For fiscal year 2019 and each fiscal year thereafter,
3audit reports containing financial statements prepared in
4accordance with an other comprehensive basis of accounting may
5follow the best practices and guidelines outlined by the
6American Institute of Certified Public Accountants and shall
7be audited in accordance with generally accepted auditing
8standards. If the corporate authority of a municipality
9submits an audit report containing financial statements
10prepared in accordance with generally accepted accounting
11principles, thereafter all future audit reports shall also
12contain financial statements prepared in accordance with
13generally accepted accounting principles.
14    (e) Audits may be made on financial statements prepared
15using either an accrual or cash basis of accounting, depending
16upon the system followed by the municipality, and audit
17reports shall comply with this Section.
18    (f) This Section only applies to fiscal years ending
19before January 1, 2028.
20(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
 
21    (65 ILCS 5/8-8-7)  (from Ch. 24, par. 8-8-7)
22    Sec. 8-8-7.
23    (a) When the auditor or auditors have completed the audit,
24not less than 2 copies of a report of the audit shall be made
25and signed by the making such audit, and shall immediately be

 

 

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1filed with the municipality audited. Each audit report shall
2include the certification of the auditor or auditors making
3the audit that the audit has been performed in compliance with
4generally accepted auditing standards. The municipality shall
5immediately make one copy of the report, or one copy of the
6report authorized by this Division 8 in lieu of an audit
7report, a part of its public records and at all times
8thereafter this copy shall be open to public inspection. In
9addition, the municipality shall file one copy of the report
10with the Comptroller. An audit report which fails to meet the
11requirements of this Act shall be rejected by the Comptroller
12and returned to the municipal authorities for corrective
13action. Nothing in this Section shall be construed as
14preventing a municipality, in filing its audit report with the
15Comptroller, from transmitting with such report any comment or
16explanation that it may desire to make concerning that report.
17The audit report filed with the Comptroller, together with any
18accompanying comment or explanation, shall immediately become
19a part of his public records and shall at all times thereafter
20be open to public inspection. It shall be unlawful for the
21auditor to make any disclosure of the result of any
22examination of any public account excepting as he does so
23directly to the corporate authorities of the municipality
24audited.
25    (b) This Section only applies to fiscal years ending
26before January 1, 2028.

 

 

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1(Source: P.A. 101-419, eff. 1-1-20.)
 
2    (65 ILCS 5/8-8-8)  (from Ch. 24, par. 8-8-8)
3    Sec. 8-8-8. The expenses of the audit and investigation of
4public accounts provided for in Division 8, whether ordered by
5the corporate authorities or the Comptroller, shall be paid by
6the municipality for which the audit is made. Payment shall be
7ordered by the corporate authorities out of the funds of the
8municipality and it shall be the duty of such authorities to
9make provisions for payment. Contracts for the performance of
10audits required by this Division 8 may be entered into without
11competitive bidding. If the audit is made by an auditor or
12auditors retained by the Comptroller, the municipality shall
13pay to the Comptroller reasonable compensation and expenses to
14reimburse him for the cost of making such audit.
15    The corporate authorities of all municipalities coming
16under the provisions of this Division 8 shall have the power to
17annually levy a "Municipal Auditing Tax" upon all of the
18taxable property of the municipalities at the rate on the
19dollar which will produce an amount which will equal a sum
20sufficient to meet the cost of all auditing and reports
21thereunder. Such municipal auditing tax shall be held in a
22special fund and used for no other purpose than the payment of
23expenses occasioned by this Division 8.
24    The tax authorized by this Section shall be in addition to
25taxes for general corporate purposes authorized under Section

 

 

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18-3-1 of this Act.
2    This Section only applies to fiscal years ending before
3January 1, 2028.
4(Source: P.A. 101-419, eff. 1-1-20.)
 
5    (65 ILCS 5/8-8-10)  (from Ch. 24, par. 8-8-10)
6    Sec. 8-8-10. The corporate authorities of a municipality
7may establish an audit committee, and may appoint members of
8the corporate authority or other appropriate officers to the
9committee, to review audit reports prepared under this Act,
10the Government Reporting Enhancement and Transparency Act, and
11any other financial reports and documents, including
12management letters prepared by or on behalf of the
13municipality.
14(Source: P.A. 82-644.)
 
15    (65 ILCS 5/8-8-10.5)
16    Sec. 8-8-10.5. Audit report disclosure. Each fiscal year
17through the fiscal year ending immediately preceding January
181, 2028, within 60 days of the close of an audit under this
19Act, the auditor conducting the audit of all of the funds and
20accounts of a municipality shall do each of the following:
21        (1) Provide a copy of any management letter and a copy
22    of any audited financial statements to each member of the
23    municipality's corporate authorities. If the municipality
24    maintains an Internet website, the corporate authorities

 

 

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1    shall post this information to its website.
2        (2) Present the information from the audit to the
3    municipality's corporate authorities either in person or
4    by a live phone or web connection during a public meeting.
5(Source: P.A. 98-738, eff. 1-1-15.)
 
6    (65 ILCS 5/8-12-15)  (from Ch. 24, par. 8-12-15)
7    Sec. 8-12-15. The financially distressed city shall
8develop, adopt and submit to the Authority, within 45 days
9after this Division first becomes applicable to the city as
10provided in Section 8-12-4, for approval by the Authority, an
11initial Financial Plan with respect to the remaining portion
12of what is the city's current fiscal year at the time this
13Division first becomes applicable to the city as provided in
14Section 8-12-4 and for the 2 succeeding fiscal years. The city
15shall develop and adopt subsequent Financial Plans annually
16and during interim periods as directed by the Authority.
17Interim updates shall be directed only when the Authority in
18its discretion determines that a change in circumstances
19warrants such an update. The Authority shall require that each
20Financial Plan cover a period of at least 3 fiscal years. After
21adoption by the city, the city shall submit each plan to the
22Authority for its approval not later than 60 days prior to the
23commencement of the first fiscal year to which the Financial
24Plan relates. The Authority shall approve or reject the
25Financial Plan not later than 30 days prior to the

 

 

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1commencement of the fiscal year. No Financial Plan shall have
2force or effect without approval of the Authority. Each
3Financial Plan shall be developed, submitted, approved and
4monitored in accordance with the following procedures:
5    (1) The financially distressed city shall determine and
6submit to the Authority, at a time and in a manner prescribed
7by the Authority, estimates of revenues available to the city
8during the period for which the Financial Plan is to be in
9effect. The Authority shall approve, reject or amend the
10revenue estimates. In the event the city fails, for any
11reason, to submit to the Authority estimates of revenue as
12required by this paragraph, the Authority may prepare such
13estimates. The Financial Plan submitted by the city shall be
14based upon revenue estimates approved or prepared by the
15Authority. As soon as practicable following the establishment
16of the Authority, the corporate authorities of the city shall,
17at the request of the Chairperson of the Authority, make
18available to such Chairperson copies of the audited financial
19statements and of the books and records of account of the city
20for the preceding 3 fiscal years of the city.
21    (2) Each Financial Plan for each fiscal year or part
22thereof to which it relates, shall contain: (i) a description
23of revenues and expenditures, provision for debt service, cash
24resources and uses, and capital improvements, each in such
25manner and detail as the Authority shall prescribe; (ii) a
26description of the means by which the Budget will be brought

 

 

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1into balance in accordance with Section 8-12-14; and (iii)
2such other financial matters that the Authority, in its
3discretion, requires. The Authority may prescribe any
4reasonable time, standards, procedures or forms for
5preparation and submission of the Financial Plan.
6    (3) The Authority shall approve the initial and each
7subsequent Financial Plan if, in its judgement, the plan is
8complete, is reasonably capable of being achieved, and meets
9the requirement set forth in Section 8-12-14. Otherwise, the
10Authority shall reject the Financial Plan. The Authority's
11review of the Financial Plan shall be in accordance with
12generally accepted accounting principles and standards. No
13Financial Plan submitted by the financially distressed city
14shall be arbitrarily or capriciously rejected by the
15Authority. Any rejection by the Authority of any Financial
16Plan submitted by the city shall be in writing and shall state
17the reasons for the rejection. In the event of rejection, the
18Authority may prescribe a procedure and standards for revision
19of the Financial Plan by the financially distressed city.
20    (4) The financially distressed city shall report to the
21Authority, at such times and in such manner as the Authority
22may direct, concerning the city's compliance with each
23Financial Plan. The Authority may review the city's operation,
24obtain budgetary data and financial statements, require the
25city to produce reports, and have access to any other
26information in the possession of the city that it deems

 

 

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1relevant to the Financial Plan and the city's compliance with
2that Plan. The Authority may issue recommendations or
3directives within its powers to the city to assure compliance
4with the Financial Plan. The city shall produce such budgetary
5data, financial statements, reports and other information and
6comply with such directives.
7    (5) After approval of each Financial Plan, the financially
8distressed city shall regularly reexamine the revenue and
9expenditure estimates on which it was based and revise them as
10necessary. The city shall promptly notify the Authority of any
11material change in the revenue or expenditure estimates in the
12Financial Plan. The city may submit to the Authority, or the
13Authority may require the city to submit, modified Financial
14Plans based upon revised revenue or expenditure estimates or
15for any other good reason. The Authority shall approve or
16reject each modified Financial Plan pursuant to paragraph (3)
17of this Section.
18(Source: P.A. 86-1211.)
 
19    (65 ILCS 5/11-10-2)  (from Ch. 24, par. 11-10-2)
20    Sec. 11-10-2. (a) A foreign fire insurance board shall be
21created by and among the sworn members of the fire department
22of each municipality with fewer than 500,000 inhabitants that
23has an organized fire department. The board shall consist of 7
24trustees; the fire chief, who shall hold office by virtue of
25rank, and 6 members, who shall be elected at large by the sworn

 

 

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1members of the department. If there is an insufficient number
2of candidates to fill all these positions, the number of board
3members may be reduced, but not to fewer than 3 trustees. All
4sworn members of the department shall be eligible to be
5elected as officers of the foreign fire insurance board. The
6members of this board shall annually elect officers. These
7officers shall be a chairman, a treasurer, and any other
8officers deemed necessary by the board. The members of the
9foreign fire insurance board shall make all needful rules and
10regulations with respect to the foreign fire insurance board
11and the management of the funds to be paid to the board. The
12foreign fire insurance board may establish, manage, and
13maintain an account for the holding and expenditure of all
14funds paid to the board. The foreign fire insurance board may
15contract for the purchase of goods and services using funds
16paid to the board. Contracting for services includes, but is
17not limited to, the procurement and payment of all accounting,
18legal, collection, or other professional services deemed by
19the board to be necessary to the execution of its duties under
20this Division using funds paid to the board. The foreign fire
21insurance board may sue all parties necessary to enforce its
22rights under this Section. The officers of the foreign fire
23insurance board shall develop and maintain a listing of those
24items that the board feels are appropriate expenditures under
25this Act. The treasurer of the foreign fire insurance board
26shall receive the funds paid as provided in Section 1 and shall

 

 

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1pay out the funds upon the order of the foreign fire insurance
2board for the maintenance, use, and benefit of the department
3or as otherwise permitted by this Division. For fiscal years
4ending before January 1, 2028, these These funds shall be
5audited to verify that the funds have been expended by that
6board only for the maintenance, use, and benefit of the
7department using funds paid to the board. Contracting for
8services includes, but is not limited to, the procurement and
9payment of all accounting, legal, collection, or other
10professional services deemed by the board to be necessary to
11the execution of its duties under this Division using funds
12paid to the board.
13    Disputes between a fire chief and the remaining members of
14a foreign fire insurance board concerning whether any
15expenditure of funds by the board is for the maintenance, use,
16or benefit of the department or for any other purpose
17authorized by this Division shall be resolved through binding
18arbitration, pursuant to a written arbitration agreement
19established by the foreign fire insurance board, that is
20recognized under the Uniform Arbitration Act. Arbitrations
21held pursuant to a written arbitration agreement are the
22exclusive remedy available for resolving such disputes.
23    (b) As used in this subsection, "active member" means a
24member of the Chicago Fire Department who is not receiving a
25disability pension, retired, or a deferred pensioner of the
26Firemen's Annuity and Benefit Fund of Chicago.

 

 

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1    A department foreign fire insurance board is created
2within the Chicago Fire Department. The board shall consist of
37 trustees who shall be initially elected on or before January
41, 2019: the fire commissioner, who shall hold office by
5virtue of rank, and 6 elected trustees, who shall be elected at
6large by the sworn members of the department. If there is an
7insufficient number of candidates seeking election to each
8vacant trustee position, the number of board members is
9reduced to 5 trustees, including the fire commissioner of the
10department, until the next election cycle when there are
11enough active members seeking election to fill all 7 member
12seats. All active members are eligible to be elected as
13trustees of the department foreign fire insurance board. Of
14the trustees first elected, 3 trustees shall be elected to a
152-year term and 3 trustees shall be elected to a 3-year term.
16After the initial election, a trustee shall be elected for a
17term of 3 years. If a member of the board resigns, is removed,
18or is unable to continue serving on the board, the vacancy
19shall be filled by special election of the active members or,
20in the case of a vacancy that will exist for fewer than 180
21days until the term expires, by appointment by majority vote
22of the members of the board.
23    The members of the board shall annually elect officers.
24These officers shall be a chairman, treasurer, and secretary.
25The trustees of the board shall make rules and regulations
26with respect to the board and the management of the money

 

 

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1appropriated to the board. The officers of the board shall
2develop and maintain a listing of those items that the board
3believes are appropriate expenditures under this subsection.
4The treasurer of the board shall give a sufficient bond to the
5City of Chicago. The cost of the bond shall be paid out of the
6moneys in the board's fund. The bond shall be conditioned upon
7the faithful performance by the treasurer of his or her duties
8under the rules and regulations provided for in this
9subsection. The treasurer of the board shall receive the
10appropriated proceeds and shall disburse the proceeds upon the
11order of the board for the maintenance, use, and benefit of the
12department consistent with this subsection. As part of the
13annual municipal audit for fiscal years ending before January
141, 2028, these funds shall be audited to verify that the funds
15have been expended lawfully by the board consistent with this
16subsection.
17    Within 30 days after receipt of any foreign fire insurance
18proceeds by the City of Chicago, the City of Chicago shall
19transfer the proceeds to the board by depositing the proceeds
20into an account determined by the board, except that if the
21effective date of this amendatory Act of the 100th General
22Assembly is after July 31, 2018, then the City of Chicago
23shall, for budget year 2019 only, transfer only 50% of the
24proceeds to the board. Notwithstanding any other provision of
25law: 50% of the foreign fire insurance proceeds received by
26the board shall be used for the maintenance, use, benefit, or

 

 

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1enhancement of fire stations or training facilities used by
2the active members of the fire department; 25% of the foreign
3fire insurance proceeds received by the board shall be used
4for the maintenance, use, benefit, or enhancement of emergency
5response vehicles, tools, and equipment used by the active
6members of the department; and 25% of the foreign fire
7insurance proceeds received by the board shall be used for the
8maintenance and enhancement of the department and for the use
9and benefit of the active members of the department in a manner
10otherwise consistent with this subsection. Foreign fire
11insurance proceeds may not be used to purchase, maintain, or
12enhance personal property of a member of the department,
13except for personal property used in the performance of his or
14her duties or training activities.
15    (c) The provisions of this Section shall be the exclusive
16power of the State, pursuant to subsection (h) of Section 6 of
17Article VII of the Constitution.
18(Source: P.A. 102-740, eff. 1-1-23.)
 
19    (65 ILCS 5/11-65-9)  (from Ch. 24, par. 11-65-9)
20    Sec. 11-65-9. Every municipality owning and operating such
21a municipal convention hall shall keep books of account for
22the municipal convention hall separate and distinct from other
23municipal accounts and in such manner as to show the true and
24complete financial standing and results of the municipal
25ownership and operation. These accounts shall be so kept as to

 

 

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1show: (1) the actual cost to the municipality of maintenance,
2extension, and improvement, (2) all operating expenses of
3every description, (3) if water or other service is furnished
4for the use of the municipal convention hall without charge,
5as nearly as possible, the value of that service, and also the
6value of any use or service rendered by the municipal
7convention hall to the municipality without charge, (4)
8reasonable allowances for interest, depreciation, and
9insurance, and (5) estimates of the amount of taxes that would
10be chargeable against the property if owned by a private
11corporation. The corporate authorities shall publish a report
12annually showing the financial results, in the form specified
13in this Section section, of the municipal ownership and
14operation in one or more newspapers published in the
15municipality, or, if no newspaper is published therein, then
16in one or more newspapers with a general circulation within
17the municipality.
18    For fiscal years ending before January 1, 2028, the The
19accounts of the convention hall shall be examined at least
20once a year by a licensed Certified Public Accountant
21permitted to perform audits under the Illinois Public
22Accounting Act who shall report to the corporate authorities
23the results of his examination. This accountant shall be
24selected as the corporate authorities may direct, and he shall
25receive for his services such compensation, to be paid out of
26the revenue from the municipal convention hall, as the

 

 

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1corporate authorities may prescribe.
2(Source: P.A. 94-465, eff. 8-4-05.)
 
3    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
4    Sec. 11-74.4-5. Public hearing; joint review board.
5    (a) The changes made by this amendatory Act of the 91st
6General Assembly do not apply to a municipality that, (i)
7before the effective date of this amendatory Act of the 91st
8General Assembly, has adopted an ordinance or resolution
9fixing a time and place for a public hearing under this Section
10or (ii) before July 1, 1999, has adopted an ordinance or
11resolution providing for a feasibility study under Section
1211-74.4-4.1, but has not yet adopted an ordinance approving
13redevelopment plans and redevelopment projects or designating
14redevelopment project areas under Section 11-74.4-4, until
15after that municipality adopts an ordinance approving
16redevelopment plans and redevelopment projects or designating
17redevelopment project areas under Section 11-74.4-4;
18thereafter the changes made by this amendatory Act of the 91st
19General Assembly apply to the same extent that they apply to
20redevelopment plans and redevelopment projects that were
21approved and redevelopment projects that were designated
22before the effective date of this amendatory Act of the 91st
23General Assembly.
24    Prior to the adoption of an ordinance proposing the
25designation of a redevelopment project area, or approving a

 

 

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1redevelopment plan or redevelopment project, the municipality
2by its corporate authorities, or as it may determine by any
3commission designated under subsection (k) of Section
411-74.4-4 shall adopt an ordinance or resolution fixing a time
5and place for public hearing. At least 10 days prior to the
6adoption of the ordinance or resolution establishing the time
7and place for the public hearing, the municipality shall make
8available for public inspection a redevelopment plan or a
9separate report that provides in reasonable detail the basis
10for the eligibility of the redevelopment project area. The
11report along with the name of a person to contact for further
12information shall be sent within a reasonable time after the
13adoption of such ordinance or resolution to the affected
14taxing districts by certified mail. On and after the effective
15date of this amendatory Act of the 91st General Assembly, the
16municipality shall print in a newspaper of general circulation
17within the municipality a notice that interested persons may
18register with the municipality in order to receive information
19on the proposed designation of a redevelopment project area or
20the approval of a redevelopment plan. The notice shall state
21the place of registration and the operating hours of that
22place. The municipality shall have adopted reasonable rules to
23implement this registration process under Section 11-74.4-4.2.
24The municipality shall provide notice of the availability of
25the redevelopment plan and eligibility report, including how
26to obtain this information, by mail within a reasonable time

 

 

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1after the adoption of the ordinance or resolution, to all
2residential addresses that, after a good faith effort, the
3municipality determines are located outside the proposed
4redevelopment project area and within 750 feet of the
5boundaries of the proposed redevelopment project area. This
6requirement is subject to the limitation that in a
7municipality with a population of over 100,000, if the total
8number of residential addresses outside the proposed
9redevelopment project area and within 750 feet of the
10boundaries of the proposed redevelopment project area exceeds
11750, the municipality shall be required to provide the notice
12to only the 750 residential addresses that, after a good faith
13effort, the municipality determines are outside the proposed
14redevelopment project area and closest to the boundaries of
15the proposed redevelopment project area. Notwithstanding the
16foregoing, notice given after August 7, 2001 (the effective
17date of Public Act 92-263) and before the effective date of
18this amendatory Act of the 92nd General Assembly to
19residential addresses within 750 feet of the boundaries of a
20proposed redevelopment project area shall be deemed to have
21been sufficiently given in compliance with this Act if given
22only to residents outside the boundaries of the proposed
23redevelopment project area. The notice shall also be provided
24by the municipality, regardless of its population, to those
25organizations and residents that have registered with the
26municipality for that information in accordance with the

 

 

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1registration guidelines established by the municipality under
2Section 11-74.4-4.2.
3    At the public hearing any interested person or affected
4taxing district may file with the municipal clerk written
5objections to and may be heard orally in respect to any issues
6embodied in the notice. The municipality shall hear all
7protests and objections at the hearing and the hearing may be
8adjourned to another date without further notice other than a
9motion to be entered upon the minutes fixing the time and place
10of the subsequent hearing. At the public hearing or at any time
11prior to the adoption by the municipality of an ordinance
12approving a redevelopment plan, the municipality may make
13changes in the redevelopment plan. Changes which (1) add
14additional parcels of property to the proposed redevelopment
15project area, (2) substantially affect the general land uses
16proposed in the redevelopment plan, (3) substantially change
17the nature of or extend the life of the redevelopment project,
18or (4) increase the number of inhabited residential units to
19be displaced from the redevelopment project area, as measured
20from the time of creation of the redevelopment project area,
21to a total of more than 10, shall be made only after the
22municipality gives notice, convenes a joint review board, and
23conducts a public hearing pursuant to the procedures set forth
24in this Section and in Section 11-74.4-6 of this Act. Changes
25which do not (1) add additional parcels of property to the
26proposed redevelopment project area, (2) substantially affect

 

 

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1the general land uses proposed in the redevelopment plan, (3)
2substantially change the nature of or extend the life of the
3redevelopment project, or (4) increase the number of inhabited
4residential units to be displaced from the redevelopment
5project area, as measured from the time of creation of the
6redevelopment project area, to a total of more than 10, may be
7made without further hearing, provided that the municipality
8shall give notice of any such changes by mail to each affected
9taxing district and registrant on the interested parties
10registry, provided for under Section 11-74.4-4.2, and by
11publication in a newspaper of general circulation within the
12affected taxing district. Such notice by mail and by
13publication shall each occur not later than 10 days following
14the adoption by ordinance of such changes. Hearings with
15regard to a redevelopment project area, project or plan may be
16held simultaneously.
17    (b) Prior to holding a public hearing to approve or amend a
18redevelopment plan or to designate or add additional parcels
19of property to a redevelopment project area, the municipality
20shall convene a joint review board. The board shall consist of
21a representative selected by each community college district,
22local elementary school district and high school district or
23each local community unit school district, park district,
24library district, township, fire protection district, and
25county that will have the authority to directly levy taxes on
26the property within the proposed redevelopment project area at

 

 

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1the time that the proposed redevelopment project area is
2approved, a representative selected by the municipality and a
3public member. The public member shall first be selected and
4then the board's chairperson shall be selected by a majority
5of the board members present and voting.
6    For redevelopment project areas with redevelopment plans
7or proposed redevelopment plans that would result in the
8displacement of residents from 10 or more inhabited
9residential units or that include 75 or more inhabited
10residential units, the public member shall be a person who
11resides in the redevelopment project area. If, as determined
12by the housing impact study provided for in paragraph (5) of
13subsection (n) of Section 11-74.4-3, or if no housing impact
14study is required then based on other reasonable data, the
15majority of residential units are occupied by very low, low,
16or moderate income households, as defined in Section 3 of the
17Illinois Affordable Housing Act, the public member shall be a
18person who resides in very low, low, or moderate income
19housing within the redevelopment project area. Municipalities
20with fewer than 15,000 residents shall not be required to
21select a person who lives in very low, low, or moderate income
22housing within the redevelopment project area, provided that
23the redevelopment plan or project will not result in
24displacement of residents from 10 or more inhabited units, and
25the municipality so certifies in the plan. If no person
26satisfying these requirements is available or if no qualified

 

 

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1person will serve as the public member, then the joint review
2board is relieved of this paragraph's selection requirements
3for the public member.
4    Within 90 days of the effective date of this amendatory
5Act of the 91st General Assembly, each municipality that
6designated a redevelopment project area for which it was not
7required to convene a joint review board under this Section
8shall convene a joint review board to perform the duties
9specified under paragraph (e) of this Section.
10    All board members shall be appointed and the first board
11meeting shall be held at least 14 days but not more than 28
12days after the mailing of notice by the municipality to the
13taxing districts as required by Section 11-74.4-6(c).
14Notwithstanding the preceding sentence, a municipality that
15adopted either a public hearing resolution or a feasibility
16resolution between July 1, 1999 and July 1, 2000 that called
17for the meeting of the joint review board within 14 days of
18notice of public hearing to affected taxing districts is
19deemed to be in compliance with the notice, meeting, and
20public hearing provisions of the Act. Such notice shall also
21advise the taxing bodies represented on the joint review board
22of the time and place of the first meeting of the board.
23Additional meetings of the board shall be held upon the call of
24any member. The municipality seeking designation of the
25redevelopment project area shall provide administrative
26support to the board.

 

 

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1    The board shall review (i) the public record, planning
2documents and proposed ordinances approving the redevelopment
3plan and project and (ii) proposed amendments to the
4redevelopment plan or additions of parcels of property to the
5redevelopment project area to be adopted by the municipality.
6As part of its deliberations, the board may hold additional
7hearings on the proposal. A board's recommendation shall be an
8advisory, non-binding recommendation. The recommendation shall
9be adopted by a majority of those members present and voting.
10The recommendations shall be submitted to the municipality
11within 30 days after convening of the board. Failure of the
12board to submit its report on a timely basis shall not be cause
13to delay the public hearing or any other step in the process of
14designating or amending the redevelopment project area but
15shall be deemed to constitute approval by the joint review
16board of the matters before it.
17    The board shall base its recommendation to approve or
18disapprove the redevelopment plan and the designation of the
19redevelopment project area or the amendment of the
20redevelopment plan or addition of parcels of property to the
21redevelopment project area on the basis of the redevelopment
22project area and redevelopment plan satisfying the plan
23requirements, the eligibility criteria defined in Section
2411-74.4-3, and the objectives of this Act.
25    The board shall issue a written report describing why the
26redevelopment plan and project area or the amendment thereof

 

 

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1meets or fails to meet one or more of the objectives of this
2Act and both the plan requirements and the eligibility
3criteria defined in Section 11-74.4-3. In the event the Board
4does not file a report it shall be presumed that these taxing
5bodies find the redevelopment project area and redevelopment
6plan satisfy the objectives of this Act and the plan
7requirements and eligibility criteria.
8    If the board recommends rejection of the matters before
9it, the municipality will have 30 days within which to
10resubmit the plan or amendment. During this period, the
11municipality will meet and confer with the board and attempt
12to resolve those issues set forth in the board's written
13report that led to the rejection of the plan or amendment.
14    Notwithstanding the resubmission set forth above, the
15municipality may commence the scheduled public hearing and
16either adjourn the public hearing or continue the public
17hearing until a date certain. Prior to continuing any public
18hearing to a date certain, the municipality shall announce
19during the public hearing the time, date, and location for the
20reconvening of the public hearing. Any changes to the
21redevelopment plan necessary to satisfy the issues set forth
22in the joint review board report shall be the subject of a
23public hearing before the hearing is adjourned if the changes
24would (1) substantially affect the general land uses proposed
25in the redevelopment plan, (2) substantially change the nature
26of or extend the life of the redevelopment project, or (3)

 

 

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1increase the number of inhabited residential units to be
2displaced from the redevelopment project area, as measured
3from the time of creation of the redevelopment project area,
4to a total of more than 10. Changes to the redevelopment plan
5necessary to satisfy the issues set forth in the joint review
6board report shall not require any further notice or convening
7of a joint review board meeting, except that any changes to the
8redevelopment plan that would add additional parcels of
9property to the proposed redevelopment project area shall be
10subject to the notice, public hearing, and joint review board
11meeting requirements established for such changes by
12subsection (a) of Section 11-74.4-5.
13    In the event that the municipality and the board are
14unable to resolve these differences, or in the event that the
15resubmitted plan or amendment is rejected by the board, the
16municipality may proceed with the plan or amendment, but only
17upon a three-fifths vote of the corporate authority
18responsible for approval of the plan or amendment, excluding
19positions of members that are vacant and those members that
20are ineligible to vote because of conflicts of interest.
21    (c) After a municipality has by ordinance approved a
22redevelopment plan and designated a redevelopment project
23area, the plan may be amended and additional properties may be
24added to the redevelopment project area only as herein
25provided. Amendments which (1) add additional parcels of
26property to the proposed redevelopment project area, (2)

 

 

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1substantially affect the general land uses proposed in the
2redevelopment plan, (3) substantially change the nature of the
3redevelopment project, (4) increase the total estimated
4redevelopment project costs set out in the redevelopment plan
5by more than 5% after adjustment for inflation from the date
6the plan was adopted, (5) add additional redevelopment project
7costs to the itemized list of redevelopment project costs set
8out in the redevelopment plan, or (6) increase the number of
9inhabited residential units to be displaced from the
10redevelopment project area, as measured from the time of
11creation of the redevelopment project area, to a total of more
12than 10, shall be made only after the municipality gives
13notice, convenes a joint review board, and conducts a public
14hearing pursuant to the procedures set forth in this Section
15and in Section 11-74.4-6 of this Act. Changes which do not (1)
16add additional parcels of property to the proposed
17redevelopment project area, (2) substantially affect the
18general land uses proposed in the redevelopment plan, (3)
19substantially change the nature of the redevelopment project,
20(4) increase the total estimated redevelopment project cost
21set out in the redevelopment plan by more than 5% after
22adjustment for inflation from the date the plan was adopted,
23(5) add additional redevelopment project costs to the itemized
24list of redevelopment project costs set out in the
25redevelopment plan, or (6) increase the number of inhabited
26residential units to be displaced from the redevelopment

 

 

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1project area, as measured from the time of creation of the
2redevelopment project area, to a total of more than 10, may be
3made without further public hearing and related notices and
4procedures including the convening of a joint review board as
5set forth in Section 11-74.4-6 of this Act, provided that the
6municipality shall give notice of any such changes by mail to
7each affected taxing district and registrant on the interested
8parties registry, provided for under Section 11-74.4-4.2, and
9by publication in a newspaper of general circulation within
10the affected taxing district. Such notice by mail and by
11publication shall each occur not later than 10 days following
12the adoption by ordinance of such changes.
13    (d) After the effective date of this amendatory Act of the
1491st General Assembly, for fiscal years ending before January
151, 2028, a municipality shall submit in an electronic format
16the following information for each redevelopment project area
17(i) to the State Comptroller under Section 8-8-3.5 of the
18Illinois Municipal Code, subject to any extensions or
19exemptions provided at the Comptroller's discretion under that
20Section, and (ii) to all taxing districts overlapping the
21redevelopment project area no later than 180 days after the
22close of each municipal fiscal year or as soon thereafter as
23the audited financial statements become available and, in any
24case, shall be submitted before the annual meeting of the
25Joint Review Board to each of the taxing districts that
26overlap the redevelopment project area:

 

 

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1        (1) Any amendments to the redevelopment plan, the
2    redevelopment project area, or the State Sales Tax
3    Boundary.
4        (1.5) A list of the redevelopment project areas
5    administered by the municipality and, if applicable, the
6    date each redevelopment project area was designated or
7    terminated by the municipality.
8        (2) Audited financial statements of the special tax
9    allocation fund once a cumulative total of $100,000 has
10    been deposited in the fund for fiscal years ending before
11    January 1, 2028.
12        (3) Certification of the Chief Executive Officer of
13    the municipality that the municipality has complied with
14    all of the requirements of this Act during the preceding
15    fiscal year.
16        (4) An opinion of legal counsel that the municipality
17    is in compliance with this Act.
18        (5) An analysis of the special tax allocation fund
19    which sets forth:
20            (A) the balance in the special tax allocation fund
21        at the beginning of the fiscal year;
22            (B) all amounts deposited in the special tax
23        allocation fund by source;
24            (C) an itemized list of all expenditures from the
25        special tax allocation fund by category of permissible
26        redevelopment project cost; and

 

 

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1            (D) the balance in the special tax allocation fund
2        at the end of the fiscal year including a breakdown of
3        that balance by source and a breakdown of that balance
4        identifying any portion of the balance that is
5        required, pledged, earmarked, or otherwise designated
6        for payment of or securing of obligations and
7        anticipated redevelopment project costs. Any portion
8        of such ending balance that has not been identified or
9        is not identified as being required, pledged,
10        earmarked, or otherwise designated for payment of or
11        securing of obligations or anticipated redevelopment
12        projects costs shall be designated as surplus as set
13        forth in Section 11-74.4-7 hereof.
14        (6) A description of all property purchased by the
15    municipality within the redevelopment project area
16    including:
17            (A) Street address.
18            (B) Approximate size or description of property.
19            (C) Purchase price.
20            (D) Seller of property.
21        (7) A statement setting forth all activities
22    undertaken in furtherance of the objectives of the
23    redevelopment plan, including:
24            (A) Any project implemented in the preceding
25        fiscal year.
26            (B) A description of the redevelopment activities

 

 

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1        undertaken.
2            (C) A description of any agreements entered into
3        by the municipality with regard to the disposition or
4        redevelopment of any property within the redevelopment
5        project area or the area within the State Sales Tax
6        Boundary.
7            (D) Additional information on the use of all funds
8        received under this Division and steps taken by the
9        municipality to achieve the objectives of the
10        redevelopment plan.
11            (E) Information regarding contracts that the
12        municipality's tax increment advisors or consultants
13        have entered into with entities or persons that have
14        received, or are receiving, payments financed by tax
15        increment revenues produced by the same redevelopment
16        project area.
17            (F) Any reports submitted to the municipality by
18        the joint review board.
19            (G) A review of public and, to the extent
20        possible, private investment actually undertaken to
21        date after the effective date of this amendatory Act
22        of the 91st General Assembly and estimated to be
23        undertaken during the following year. This review
24        shall, on a project-by-project basis, set forth the
25        estimated amounts of public and private investment
26        incurred after the effective date of this amendatory

 

 

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1        Act of the 91st General Assembly and provide the ratio
2        of private investment to public investment to the date
3        of the report and as estimated to the completion of the
4        redevelopment project.
5        (8) With regard to any obligations issued by the
6    municipality:
7            (A) copies of any official statements; and
8            (B) an analysis prepared by financial advisor or
9        underwriter, chosen by the municipality, setting forth
10        the: (i) nature and term of obligation; (ii) projected
11        debt service including required reserves and debt
12        coverage; and (iii) actual debt service.
13        (9) For special tax allocation funds that have
14    experienced cumulative deposits of incremental tax
15    revenues of $100,000 or more, a certified audit report
16    reviewing compliance with this Act performed by an
17    independent public accountant certified and licensed by
18    the authority of the State of Illinois. The financial
19    portion of the audit must be conducted in accordance with
20    Standards for Audits of Governmental Organizations,
21    Programs, Activities, and Functions adopted by the
22    Comptroller General of the United States (1981), as
23    amended, or the standards specified by Section 8-8-5 of
24    the Illinois Municipal Auditing Law of the Illinois
25    Municipal Code. The audit report shall contain a letter
26    from the independent certified public accountant

 

 

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1    indicating compliance or noncompliance with the
2    requirements of subsection (q) of Section 11-74.4-3. For
3    redevelopment plans or projects that would result in the
4    displacement of residents from 10 or more inhabited
5    residential units or that contain 75 or more inhabited
6    residential units, notice of the availability of the
7    information, including how to obtain the report, required
8    in this subsection shall also be sent by mail to all
9    residents or organizations that operate in the
10    municipality that register with the municipality for that
11    information according to registration procedures adopted
12    under Section 11-74.4-4.2. All municipalities are subject
13    to this provision.
14        (10) A list of all intergovernmental agreements in
15    effect during the fiscal year to which the municipality is
16    a party and an accounting of any moneys transferred or
17    received by the municipality during that fiscal year
18    pursuant to those intergovernmental agreements.
19    In addition to information required to be reported under
20this Section, for Fiscal Year 2022 and each fiscal year
21thereafter, reporting municipalities shall also report to the
22Comptroller annually in a manner and format prescribed by the
23Comptroller: (1) the number of jobs, if any, projected to be
24created for each redevelopment project area at the time of
25approval of the redevelopment agreement; (2) the number of
26jobs, if any, created as a result of the development to date

 

 

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1for that reporting period under the same guidelines and
2assumptions as was used for the projections used at the time of
3approval of the redevelopment agreement; (3) the amount of
4increment projected to be created at the time of approval of
5the redevelopment agreement for each redevelopment project
6area; (4) the amount of increment created as a result of the
7development to date for that reporting period using the same
8assumptions as was used for the projections used at the time of
9the approval of the redevelopment agreement; and (5) the
10stated rate of return identified by the developer to the
11municipality for each redevelopment project area, if any.
12Stated rates of return required to be reported in item (5)
13shall be independently verified by a third party chosen by the
14municipality. Reporting municipalities shall also report to
15the Comptroller a copy of the redevelopment plan each time the
16redevelopment plan is enacted, amended, or extended in a
17manner and format prescribed by the Comptroller. These
18requirements shall only apply to redevelopment projects
19beginning in or after Fiscal Year 2022.
20    (d-1) Prior to the effective date of this amendatory Act
21of the 91st General Assembly, municipalities with populations
22of over 1,000,000 shall, after adoption of a redevelopment
23plan or project, make available upon request to any taxing
24district in which the redevelopment project area is located
25the following information:
26        (1) Any amendments to the redevelopment plan, the

 

 

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1    redevelopment project area, or the State Sales Tax
2    Boundary; and
3        (2) In connection with any redevelopment project area
4    for which the municipality has outstanding obligations
5    issued to provide for redevelopment project costs pursuant
6    to Section 11-74.4-7, for fiscal years ending before
7    January 1, 2028, audited financial statements of the
8    special tax allocation fund.
9    (e) The joint review board shall meet annually 180 days
10after the close of the municipal fiscal year, or, for fiscal
11years ending before January 1, 2028, year or as soon as the
12redevelopment project audit for that fiscal year becomes
13available to review the effectiveness and status of the
14redevelopment project area up to that date.
15    (f) (Blank).
16    (g) In the event that a municipality has held a public
17hearing under this Section prior to March 14, 1994 (the
18effective date of Public Act 88-537), the requirements imposed
19by Public Act 88-537 relating to the method of fixing the time
20and place for public hearing, the materials and information
21required to be made available for public inspection, and the
22information required to be sent after adoption of an ordinance
23or resolution fixing a time and place for public hearing shall
24not be applicable.
25    (h) On and after the effective date of this amendatory Act
26of the 96th General Assembly, the State Comptroller must post

 

 

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1on the State Comptroller's official website the information
2submitted by a municipality pursuant to subsection (d) of this
3Section. The information must be posted no later than 45 days
4after the State Comptroller receives the information from the
5municipality. The State Comptroller must also post a list of
6the municipalities not in compliance with the reporting
7requirements set forth in subsection (d) of this Section.
8    (i) No later than 10 years after the corporate authorities
9of a municipality adopt an ordinance to establish a
10redevelopment project area, the municipality must compile a
11status report concerning the redevelopment project area. The
12status report must detail without limitation the following:
13(i) the amount of revenue generated within the redevelopment
14project area, (ii) any expenditures made by the municipality
15for the redevelopment project area including without
16limitation expenditures from the special tax allocation fund,
17(iii) the status of planned activities, goals, and objectives
18set forth in the redevelopment plan including details on new
19or planned construction within the redevelopment project area,
20(iv) the amount of private and public investment within the
21redevelopment project area, and (v) any other relevant
22evaluation or performance data. Within 30 days after the
23municipality compiles the status report, the municipality must
24hold at least one public hearing concerning the report. The
25municipality must provide 20 days' public notice of the
26hearing.

 

 

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1    (j) Beginning in fiscal year 2011 and in each fiscal year
2thereafter, a municipality must detail in its annual budget
3(i) the revenues generated from redevelopment project areas by
4source and (ii) the expenditures made by the municipality for
5redevelopment project areas.
6(Source: P.A. 102-127, eff. 7-23-21.)
 
7    (65 ILCS 5/11-74.4-8a)  (from Ch. 24, par. 11-74.4-8a)
8    Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
9which has adopted tax increment allocation financing prior to
10January 1, 1987, may by ordinance (1) authorize the Department
11of Revenue, subject to appropriation, to annually certify and
12cause to be paid from the Illinois Tax Increment Fund to such
13municipality for deposit in the municipality's special tax
14allocation fund an amount equal to the Net State Sales Tax
15Increment and (2) authorize the Department of Revenue to
16annually notify the municipality of the amount of the
17Municipal Sales Tax Increment which shall be deposited by the
18municipality in the municipality's special tax allocation
19fund. Provided that for purposes of this Section no amendments
20adding additional area to the redevelopment project area which
21has been certified as the State Sales Tax Boundary shall be
22taken into account if such amendments are adopted by the
23municipality after January 1, 1987. If an amendment is adopted
24which decreases the area of a State Sales Tax Boundary, the
25municipality shall update the list required by subsection

 

 

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1(3)(a) of this Section. The Retailers' Occupation Tax
2liability, Use Tax liability, Service Occupation Tax liability
3and Service Use Tax liability for retailers and servicemen
4located within the disconnected area shall be excluded from
5the base from which tax increments are calculated and the
6revenue from any such retailer or serviceman shall not be
7included in calculating incremental revenue payable to the
8municipality. A municipality adopting an ordinance under this
9subsection (1) of this Section for a redevelopment project
10area which is certified as a State Sales Tax Boundary shall not
11be entitled to payments of State taxes authorized under
12subsection (2) of this Section for the same redevelopment
13project area. Nothing herein shall be construed to prevent a
14municipality from receiving payment of State taxes authorized
15under subsection (2) of this Section for a separate
16redevelopment project area that does not overlap in any way
17with the State Sales Tax Boundary receiving payments of State
18taxes pursuant to subsection (1) of this Section.
19    A certified copy of such ordinance shall be submitted by
20the municipality to the Department of Commerce and Economic
21Opportunity and the Department of Revenue not later than 30
22days after the effective date of the ordinance. Upon
23submission of the ordinances, and the information required
24pursuant to subsection 3 of this Section, the Department of
25Revenue shall promptly determine the amount of such taxes paid
26under the Retailers' Occupation Tax Act, Use Tax Act, Service

 

 

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1Use Tax Act, the Service Occupation Tax Act, the Municipal
2Retailers' Occupation Tax Act and the Municipal Service
3Occupation Tax Act by retailers and servicemen on transactions
4at places located in the redevelopment project area during the
5base year, and shall certify all the foregoing "initial sales
6tax amounts" to the municipality within 60 days of submission
7of the list required of subsection (3)(a) of this Section.
8    If a retailer or serviceman with a place of business
9located within a redevelopment project area also has one or
10more other places of business within the municipality but
11outside the redevelopment project area, the retailer or
12serviceman shall, upon request of the Department of Revenue,
13certify to the Department of Revenue the amount of taxes paid
14pursuant to the Retailers' Occupation Tax Act, the Municipal
15Retailers' Occupation Tax Act, the Service Occupation Tax Act
16and the Municipal Service Occupation Tax Act at each place of
17business which is located within the redevelopment project
18area in the manner and for the periods of time requested by the
19Department of Revenue.
20    When the municipality determines that a portion of an
21increase in the aggregate amount of taxes paid by retailers
22and servicemen under the Retailers' Occupation Tax Act, Use
23Tax Act, Service Use Tax Act, or the Service Occupation Tax Act
24is the result of a retailer or serviceman initiating retail or
25service operations in the redevelopment project area by such
26retailer or serviceman with a resulting termination of retail

 

 

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1or service operations by such retailer or serviceman at
2another location in Illinois in the standard metropolitan
3statistical area of such municipality, the Department of
4Revenue shall be notified that the retailers occupation tax
5liability, use tax liability, service occupation tax
6liability, or service use tax liability from such retailer's
7or serviceman's terminated operation shall be included in the
8base Initial Sales Tax Amounts from which the State Sales Tax
9Increment is calculated for purposes of State payments to the
10affected municipality; provided, however, for purposes of this
11paragraph "termination" shall mean a closing of a retail or
12service operation which is directly related to the opening of
13the same retail or service operation in a redevelopment
14project area which is included within a State Sales Tax
15Boundary, but it shall not include retail or service
16operations closed for reasons beyond the control of the
17retailer or serviceman, as determined by the Department.
18    If the municipality makes the determination referred to in
19the prior paragraph and notifies the Department and if the
20relocation is from a location within the municipality, the
21Department, at the request of the municipality, shall adjust
22the certified aggregate amount of taxes that constitute the
23Municipal Sales Tax Increment paid by retailers and servicemen
24on transactions at places of business located within the State
25Sales Tax Boundary during the base year using the same
26procedures as are employed to make the adjustment referred to

 

 

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1in the prior paragraph. The adjusted Municipal Sales Tax
2Increment calculated by the Department shall be sufficient to
3satisfy the requirements of subsection (1) of this Section.
4    When a municipality which has adopted tax increment
5allocation financing in 1986 determines that a portion of the
6aggregate amount of taxes paid by retailers and servicemen
7under the Retailers Occupation Tax Act, Use Tax Act, Service
8Use Tax Act, or Service Occupation Tax Act, the Municipal
9Retailers' Occupation Tax Act and the Municipal Service
10Occupation Tax Act, includes revenue of a retailer or
11serviceman which terminated retailer or service operations in
121986, prior to the adoption of tax increment allocation
13financing, the Department of Revenue shall be notified by such
14municipality that the retailers' occupation tax liability, use
15tax liability, service occupation tax liability or service use
16tax liability, from such retailer's or serviceman's terminated
17operations shall be excluded from the Initial Sales Tax
18Amounts for such taxes. The revenue from any such retailer or
19serviceman which is excluded from the base year under this
20paragraph, shall not be included in calculating incremental
21revenues if such retailer or serviceman reestablishes such
22business in the redevelopment project area.
23    For State fiscal year 1992, the Department of Revenue
24shall budget, and the Illinois General Assembly shall
25appropriate from the Illinois Tax Increment Fund in the State
26treasury, an amount not to exceed $18,000,000 to pay to each

 

 

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1eligible municipality the Net State Sales Tax Increment to
2which such municipality is entitled.
3    Beginning on January 1, 1993, each municipality's
4proportional share of the Illinois Tax Increment Fund shall be
5determined by adding the annual Net State Sales Tax Increment
6and the annual Net Utility Tax Increment to determine the
7Annual Total Increment. The ratio of the Annual Total
8Increment of each municipality to the Annual Total Increment
9for all municipalities, as most recently calculated by the
10Department, shall determine the proportional shares of the
11Illinois Tax Increment Fund to be distributed to each
12municipality.
13    Beginning in October, 1993, and each January, April, July
14and October thereafter, the Department of Revenue shall
15certify to the Treasurer and the Comptroller the amounts
16payable quarter annually during the fiscal year to each
17municipality under this Section. The Comptroller shall
18promptly then draw warrants, ordering the State Treasurer to
19pay such amounts from the Illinois Tax Increment Fund in the
20State treasury.
21    The Department of Revenue shall utilize the same periods
22established for determining State Sales Tax Increment to
23determine the Municipal Sales Tax Increment for the area
24within a State Sales Tax Boundary and certify such amounts to
25such municipal treasurer who shall transfer such amounts to
26the special tax allocation fund.

 

 

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1    The provisions of this subsection (1) do not apply to
2additional municipal retailers' occupation or service
3occupation taxes imposed by municipalities using their home
4rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4
5and 8-11-1.5 of this Act. A municipality shall not receive
6from the State any share of the Illinois Tax Increment Fund
7unless such municipality deposits all its Municipal Sales Tax
8Increment and the local incremental real property tax
9revenues, as provided herein, into the appropriate special tax
10allocation fund. If, however, a municipality has extended the
11estimated dates of completion of the redevelopment project and
12retirement of obligations to finance redevelopment project
13costs by municipal ordinance to December 31, 2013 under
14subsection (n) of Section 11-74.4-3, then that municipality
15shall continue to receive from the State a share of the
16Illinois Tax Increment Fund so long as the municipality
17deposits, from any funds available, excluding funds in the
18special tax allocation fund, an amount equal to the municipal
19share of the real property tax increment revenues into the
20special tax allocation fund during the extension period. The
21amount to be deposited by the municipality in each of the tax
22years affected by the extension to December 31, 2013 shall be
23equal to the municipal share of the property tax increment
24deposited into the special tax allocation fund by the
25municipality for the most recent year that the property tax
26increment was distributed. A municipality located within an

 

 

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1economic development project area created under the County
2Economic Development Project Area Property Tax Allocation Act
3which has abated any portion of its property taxes which
4otherwise would have been deposited in its special tax
5allocation fund shall not receive from the State the Net Sales
6Tax Increment.
7    (2) A municipality which has adopted tax increment
8allocation financing with regard to an industrial park or
9industrial park conservation area, prior to January 1, 1988,
10may by ordinance authorize the Department of Revenue to
11annually certify and pay from the Illinois Tax Increment Fund
12to such municipality for deposit in the municipality's special
13tax allocation fund an amount equal to the Net State Utility
14Tax Increment. Provided that for purposes of this Section no
15amendments adding additional area to the redevelopment project
16area shall be taken into account if such amendments are
17adopted by the municipality after January 1, 1988.
18Municipalities adopting an ordinance under this subsection (2)
19of this Section for a redevelopment project area shall not be
20entitled to payment of State taxes authorized under subsection
21(1) of this Section for the same redevelopment project area
22which is within a State Sales Tax Boundary. Nothing herein
23shall be construed to prevent a municipality from receiving
24payment of State taxes authorized under subsection (1) of this
25Section for a separate redevelopment project area within a
26State Sales Tax Boundary that does not overlap in any way with

 

 

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1the redevelopment project area receiving payments of State
2taxes pursuant to subsection (2) of this Section.
3    A certified copy of such ordinance shall be submitted to
4the Department of Commerce and Economic Opportunity and the
5Department of Revenue not later than 30 days after the
6effective date of the ordinance.
7    When a municipality determines that a portion of an
8increase in the aggregate amount of taxes paid by industrial
9or commercial facilities under the Public Utilities Act, is
10the result of an industrial or commercial facility initiating
11operations in the redevelopment project area with a resulting
12termination of such operations by such industrial or
13commercial facility at another location in Illinois, the
14Department of Revenue shall be notified by such municipality
15that such industrial or commercial facility's liability under
16the Public Utility Tax Act shall be included in the base from
17which tax increments are calculated for purposes of State
18payments to the affected municipality.
19    After receipt of the calculations by the public utility as
20required by subsection (4) of this Section, the Department of
21Revenue shall annually budget and the Illinois General
22Assembly shall annually appropriate from the General Revenue
23Fund through State Fiscal Year 1989, and thereafter from the
24Illinois Tax Increment Fund, an amount sufficient to pay to
25each eligible municipality the amount of incremental revenue
26attributable to State electric and gas taxes as reflected by

 

 

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1the charges imposed on persons in the project area to which
2such municipality is entitled by comparing the preceding
3calendar year with the base year as determined by this
4Section. Beginning on January 1, 1993, each municipality's
5proportional share of the Illinois Tax Increment Fund shall be
6determined by adding the annual Net State Utility Tax
7Increment and the annual Net Utility Tax Increment to
8determine the Annual Total Increment. The ratio of the Annual
9Total Increment of each municipality to the Annual Total
10Increment for all municipalities, as most recently calculated
11by the Department, shall determine the proportional shares of
12the Illinois Tax Increment Fund to be distributed to each
13municipality.
14    A municipality shall not receive any share of the Illinois
15Tax Increment Fund from the State unless such municipality
16imposes the maximum municipal charges authorized pursuant to
17Section 9-221 of the Public Utilities Act and deposits all
18municipal utility tax incremental revenues as certified by the
19public utilities, and all local real estate tax increments
20into such municipality's special tax allocation fund.
21    (3) Within 30 days after the adoption of the ordinance
22required by either subsection (1) or subsection (2) of this
23Section, the municipality shall transmit to the Department of
24Commerce and Economic Opportunity and the Department of
25Revenue the following:
26        (a) if applicable, a certified copy of the ordinance

 

 

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1    required by subsection (1) accompanied by a complete list
2    of street names and the range of street numbers of each
3    street located within the redevelopment project area for
4    which payments are to be made under this Section in both
5    the base year and in the year preceding the payment year;
6    and the addresses of persons registered with the
7    Department of Revenue; and, the name under which each such
8    retailer or serviceman conducts business at that address,
9    if different from the corporate name; and the Illinois
10    Business Tax Number of each such person (The municipality
11    shall update this list in the event of a revision of the
12    redevelopment project area, or the opening or closing or
13    name change of any street or part thereof in the
14    redevelopment project area, or if the Department of
15    Revenue informs the municipality of an addition or
16    deletion pursuant to the monthly updates given by the
17    Department.);
18        (b) if applicable, a certified copy of the ordinance
19    required by subsection (2) accompanied by a complete list
20    of street names and range of street numbers of each street
21    located within the redevelopment project area, the utility
22    customers in the project area, and the utilities serving
23    the redevelopment project areas;
24        (c) certified copies of the ordinances approving the
25    redevelopment plan and designating the redevelopment
26    project area;

 

 

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1        (d) a copy of the redevelopment plan as approved by
2    the municipality;
3        (e) an opinion of legal counsel that the municipality
4    had complied with the requirements of this Act; and
5        (f) a certification by the chief executive officer of
6    the municipality that with regard to a redevelopment
7    project area: (1) the municipality has committed all of
8    the municipal tax increment created pursuant to this Act
9    for deposit in the special tax allocation fund, (2) the
10    redevelopment projects described in the redevelopment plan
11    would not be completed without the use of State
12    incremental revenues pursuant to this Act, (3) the
13    municipality will pursue the implementation of the
14    redevelopment plan in an expeditious manner, (4) the
15    incremental revenues created pursuant to this Section will
16    be exclusively utilized for the development of the
17    redevelopment project area, and (5) the increased revenue
18    created pursuant to this Section shall be used exclusively
19    to pay redevelopment project costs as defined in this Act.
20    (4) The Department of Revenue upon receipt of the
21information set forth in paragraph (b) of subsection (3) shall
22immediately forward such information to each public utility
23furnishing natural gas or electricity to buildings within the
24redevelopment project area. Upon receipt of such information,
25each public utility shall promptly:
26        (a) provide to the Department of Revenue and the

 

 

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1    municipality separate lists of the names and addresses of
2    persons within the redevelopment project area receiving
3    natural gas or electricity from such public utility. Such
4    list shall be updated as necessary by the public utility.
5    Each month thereafter the public utility shall furnish the
6    Department of Revenue and the municipality with an
7    itemized listing of charges imposed pursuant to Sections
8    9-221 and 9-222 of the Public Utilities Act on persons
9    within the redevelopment project area.
10        (b) determine the amount of charges imposed pursuant
11    to Sections 9-221 and 9-222 of the Public Utilities Act on
12    persons in the redevelopment project area during the base
13    year, both as a result of municipal taxes on electricity
14    and gas and as a result of State taxes on electricity and
15    gas and certify such amounts both to the municipality and
16    the Department of Revenue; and
17        (c) determine the amount of charges imposed pursuant
18    to Sections 9-221 and 9-222 of the Public Utilities Act on
19    persons in the redevelopment project area on a monthly
20    basis during the base year, both as a result of State and
21    municipal taxes on electricity and gas and certify such
22    separate amounts both to the municipality and the
23    Department of Revenue.
24    After the determinations are made in paragraphs (b) and
25(c), the public utility shall monthly during the existence of
26the redevelopment project area notify the Department of

 

 

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1Revenue and the municipality of any increase in charges over
2the base year determinations made pursuant to paragraphs (b)
3and (c).
4    (5) The payments authorized under this Section shall be
5deposited by the municipal treasurer in the special tax
6allocation fund of the municipality, which for accounting
7purposes shall identify the sources of each payment as:
8municipal receipts from the State retailers occupation,
9service occupation, use and service use taxes; and municipal
10public utility taxes charged to customers under the Public
11Utilities Act and State public utility taxes charged to
12customers under the Public Utilities Act.
13    (6) Before the effective date of this amendatory Act of
14the 91st General Assembly, any municipality receiving payments
15authorized under this Section for any redevelopment project
16area or area within a State Sales Tax Boundary within the
17municipality shall submit to the Department of Revenue and to
18the taxing districts which are sent the notice required by
19Section 6 of this Act annually within 180 days after the close
20of each municipal fiscal year the following information for
21the immediately preceding fiscal year:
22        (a) Any amendments to the redevelopment plan, the
23    redevelopment project area, or the State Sales Tax
24    Boundary.
25        (b) Audited financial statements of the special tax
26    allocation fund for fiscal years ending before January 1,

 

 

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1    2028.
2        (c) Certification of the Chief Executive Officer of
3    the municipality that the municipality has complied with
4    all of the requirements of this Act during the preceding
5    fiscal year.
6        (d) An opinion of legal counsel that the municipality
7    is in compliance with this Act.
8        (e) An analysis of the special tax allocation fund
9    which sets forth:
10            (1) the balance in the special tax allocation fund
11        at the beginning of the fiscal year;
12            (2) all amounts deposited in the special tax
13        allocation fund by source;
14            (3) all expenditures from the special tax
15        allocation fund by category of permissible
16        redevelopment project cost; and
17            (4) the balance in the special tax allocation fund
18        at the end of the fiscal year including a breakdown of
19        that balance by source. Such ending balance shall be
20        designated as surplus if it is not required for
21        anticipated redevelopment project costs or to pay debt
22        service on bonds issued to finance redevelopment
23        project costs, as set forth in Section 11-74.4-7
24        hereof.
25        (f) A description of all property purchased by the
26    municipality within the redevelopment project area

 

 

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1    including:
2            1. Street address
3            2. Approximate size or description of property
4            3. Purchase price
5            4. Seller of property.
6        (g) A statement setting forth all activities
7    undertaken in furtherance of the objectives of the
8    redevelopment plan, including:
9            1. Any project implemented in the preceding fiscal
10        year
11            2. A description of the redevelopment activities
12        undertaken
13            3. A description of any agreements entered into by
14        the municipality with regard to the disposition or
15        redevelopment of any property within the redevelopment
16        project area or the area within the State Sales Tax
17        Boundary.
18        (h) With regard to any obligations issued by the
19    municipality:
20            1. copies of bond ordinances or resolutions
21            2. copies of any official statements
22            3. an analysis prepared by financial advisor or
23        underwriter setting forth: (a) nature and term of
24        obligation; and (b) projected debt service including
25        required reserves and debt coverage.
26        (i) For fiscal years ending before January 1, 2028, a

 

 

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1    A certified audit report reviewing compliance with this
2    statute performed by an independent public accountant
3    certified and licensed by the authority of the State of
4    Illinois. The financial portion of the audit must be
5    conducted in accordance with Standards for Audits of
6    Governmental Organizations, Programs, Activities, and
7    Functions adopted by the Comptroller General of the United
8    States (1981), as amended. The audit report shall contain
9    a letter from the independent certified public accountant
10    indicating compliance or noncompliance with the
11    requirements of subsection (q) of Section 11-74.4-3. If
12    the audit indicates that expenditures are not in
13    compliance with the law, the Department of Revenue shall
14    withhold State sales and utility tax increment payments to
15    the municipality until compliance has been reached, and an
16    amount equal to the ineligible expenditures has been
17    returned to the Special Tax Allocation Fund.
18    (6.1) After July 29, 1988 and before the effective date of
19this amendatory Act of the 91st General Assembly, any funds
20which have not been designated for use in a specific
21development project in the annual report shall be designated
22as surplus. No funds may be held in the Special Tax Allocation
23Fund for more than 36 months from the date of receipt unless
24the money is required for payment of contractual obligations
25for specific development project costs. If held for more than
2636 months in violation of the preceding sentence, such funds

 

 

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1shall be designated as surplus. Any funds designated as
2surplus must first be used for early redemption of any bond
3obligations. Any funds designated as surplus which are not
4disposed of as otherwise provided in this paragraph, shall be
5distributed as surplus as provided in Section 11-74.4-7.
6    (7) Any appropriation made pursuant to this Section for
7the 1987 State fiscal year shall not exceed the amount of $7
8million and for the 1988 State fiscal year the amount of $10
9million. The amount which shall be distributed to each
10municipality shall be the incremental revenue to which each
11municipality is entitled as calculated by the Department of
12Revenue, unless the requests of the municipality exceed the
13appropriation, then the amount to which each municipality
14shall be entitled shall be prorated among the municipalities
15in the same proportion as the increment to which the
16municipality would be entitled bears to the total increment
17which all municipalities would receive in the absence of this
18limitation, provided that no municipality may receive an
19amount in excess of 15% of the appropriation. For the 1987 Net
20State Sales Tax Increment payable in Fiscal Year 1989, no
21municipality shall receive more than 7.5% of the total
22appropriation; provided, however, that any of the
23appropriation remaining after such distribution shall be
24prorated among municipalities on the basis of their pro rata
25share of the total increment. Beginning on January 1, 1993,
26each municipality's proportional share of the Illinois Tax

 

 

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1Increment Fund shall be determined by adding the annual Net
2State Sales Tax Increment and the annual Net Utility Tax
3Increment to determine the Annual Total Increment. The ratio
4of the Annual Total Increment of each municipality to the
5Annual Total Increment for all municipalities, as most
6recently calculated by the Department, shall determine the
7proportional shares of the Illinois Tax Increment Fund to be
8distributed to each municipality.
9    (7.1) No distribution of Net State Sales Tax Increment to
10a municipality for an area within a State Sales Tax Boundary
11shall exceed in any State Fiscal Year an amount equal to 3
12times the sum of the Municipal Sales Tax Increment, the real
13property tax increment and deposits of funds from other
14sources, excluding state and federal funds, as certified by
15the city treasurer to the Department of Revenue for an area
16within a State Sales Tax Boundary. After July 29, 1988, for
17those municipalities which issue bonds between June 1, 1988
18and 3 years from July 29, 1988 to finance redevelopment
19projects within the area in a State Sales Tax Boundary, the
20distribution of Net State Sales Tax Increment during the 16th
21through 20th years from the date of issuance of the bonds shall
22not exceed in any State Fiscal Year an amount equal to 2 times
23the sum of the Municipal Sales Tax Increment, the real
24property tax increment and deposits of funds from other
25sources, excluding State and federal funds.
26    (8) Any person who knowingly files or causes to be filed

 

 

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1false information for the purpose of increasing the amount of
2any State tax incremental revenue commits a Class A
3misdemeanor.
4    (9) The following procedures shall be followed to
5determine whether municipalities have complied with the Act
6for the purpose of receiving distributions after July 1, 1989
7pursuant to subsection (1) of this Section 11-74.4-8a.
8        (a) The Department of Revenue shall conduct a
9    preliminary review of the redevelopment project areas and
10    redevelopment plans pertaining to those municipalities
11    receiving payments from the State pursuant to subsection
12    (1) of Section 8a of this Act for the purpose of
13    determining compliance with the following standards:
14            (1) For any municipality with a population of more
15        than 12,000 as determined by the 1980 U.S. Census: (a)
16        the redevelopment project area, or in the case of a
17        municipality which has more than one redevelopment
18        project area, each such area, must be contiguous and
19        the total of all such areas shall not comprise more
20        than 25% of the area within the municipal boundaries
21        nor more than 20% of the equalized assessed value of
22        the municipality; (b) the aggregate amount of 1985
23        taxes in the redevelopment project area, or in the
24        case of a municipality which has more than one
25        redevelopment project area, the total of all such
26        areas, shall be not more than 25% of the total base

 

 

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1        year taxes paid by retailers and servicemen on
2        transactions at places of business located within the
3        municipality under the Retailers' Occupation Tax Act,
4        the Use Tax Act, the Service Use Tax Act, and the
5        Service Occupation Tax Act. Redevelopment project
6        areas created prior to 1986 are not subject to the
7        above standards if their boundaries were not amended
8        in 1986.
9            (2) For any municipality with a population of
10        12,000 or less as determined by the 1980 U.S. Census:
11        (a) the redevelopment project area, or in the case of a
12        municipality which has more than one redevelopment
13        project area, each such area, must be contiguous and
14        the total of all such areas shall not comprise more
15        than 35% of the area within the municipal boundaries
16        nor more than 30% of the equalized assessed value of
17        the municipality; (b) the aggregate amount of 1985
18        taxes in the redevelopment project area, or in the
19        case of a municipality which has more than one
20        redevelopment project area, the total of all such
21        areas, shall not be more than 35% of the total base
22        year taxes paid by retailers and servicemen on
23        transactions at places of business located within the
24        municipality under the Retailers' Occupation Tax Act,
25        the Use Tax Act, the Service Use Tax Act, and the
26        Service Occupation Tax Act. Redevelopment project

 

 

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1        areas created prior to 1986 are not subject to the
2        above standards if their boundaries were not amended
3        in 1986.
4            (3) Such preliminary review of the redevelopment
5        project areas applying the above standards shall be
6        completed by November 1, 1988, and on or before
7        November 1, 1988, the Department shall notify each
8        municipality by certified mail, return receipt
9        requested that either (1) the Department requires
10        additional time in which to complete its preliminary
11        review; or (2) the Department is issuing either (a) a
12        Certificate of Eligibility or (b) a Notice of Review.
13        If the Department notifies a municipality that it
14        requires additional time to complete its preliminary
15        investigation, it shall complete its preliminary
16        investigation no later than February 1, 1989, and by
17        February 1, 1989 shall issue to each municipality
18        either (a) a Certificate of Eligibility or (b) a
19        Notice of Review. A redevelopment project area for
20        which a Certificate of Eligibility has been issued
21        shall be deemed a "State Sales Tax Boundary."
22            (4) The Department of Revenue shall also issue a
23        Notice of Review if the Department has received a
24        request by November 1, 1988 to conduct such a review
25        from taxpayers in the municipality, local taxing
26        districts located in the municipality or the State of

 

 

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1        Illinois, or if the redevelopment project area has
2        more than 5 retailers and has had growth in State sales
3        tax revenue of more than 15% from calendar year 1985 to
4        1986.
5        (b) For those municipalities receiving a Notice of
6    Review, the Department will conduct a secondary review
7    consisting of: (i) application of the above standards
8    contained in subsection (9)(a)(1)(a) and (b) or
9    (9)(a)(2)(a) and (b), and (ii) the definitions of blighted
10    and conservation area provided for in Section 11-74.4-3.
11    Such secondary review shall be completed by July 1, 1989.
12        Upon completion of the secondary review, the
13    Department will issue (a) a Certificate of Eligibility or
14    (b) a Preliminary Notice of Deficiency. Any municipality
15    receiving a Preliminary Notice of Deficiency may amend its
16    redevelopment project area to meet the standards and
17    definitions set forth in this paragraph (b). This amended
18    redevelopment project area shall become the "State Sales
19    Tax Boundary" for purposes of determining the State Sales
20    Tax Increment.
21        (c) If the municipality advises the Department of its
22    intent to comply with the requirements of paragraph (b) of
23    this subsection outlined in the Preliminary Notice of
24    Deficiency, within 120 days of receiving such notice from
25    the Department, the municipality shall submit
26    documentation to the Department of the actions it has

 

 

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1    taken to cure any deficiencies. Thereafter, within 30 days
2    of the receipt of the documentation, the Department shall
3    either issue a Certificate of Eligibility or a Final
4    Notice of Deficiency. If the municipality fails to advise
5    the Department of its intent to comply or fails to submit
6    adequate documentation of such cure of deficiencies the
7    Department shall issue a Final Notice of Deficiency that
8    provides that the municipality is ineligible for payment
9    of the Net State Sales Tax Increment.
10        (d) If the Department issues a final determination of
11    ineligibility, the municipality shall have 30 days from
12    the receipt of determination to protest and request a
13    hearing. Such hearing shall be conducted in accordance
14    with Sections 10-25, 10-35, 10-40, and 10-50 of the
15    Illinois Administrative Procedure Act. The decision
16    following the hearing shall be subject to review under the
17    Administrative Review Law.
18        (e) Any Certificate of Eligibility issued pursuant to
19    this subsection 9 shall be binding only on the State for
20    the purposes of establishing municipal eligibility to
21    receive revenue pursuant to subsection (1) of this Section
22    11-74.4-8a.
23        (f) It is the intent of this subsection that the
24    periods of time to cure deficiencies shall be in addition
25    to all other periods of time permitted by this Section,
26    regardless of the date by which plans were originally

 

 

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1    required to be adopted. To cure said deficiencies,
2    however, the municipality shall be required to follow the
3    procedures and requirements pertaining to amendments, as
4    provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
5    (10) If a municipality adopts a State Sales Tax Boundary
6in accordance with the provisions of subsection (9) of this
7Section, such boundaries shall subsequently be utilized to
8determine Revised Initial Sales Tax Amounts and the Net State
9Sales Tax Increment; provided, however, that such revised
10State Sales Tax Boundary shall not have any effect upon the
11boundary of the redevelopment project area established for the
12purposes of determining the ad valorem taxes on real property
13pursuant to Sections 11-74.4-7 and 11-74.4-8 of this Act nor
14upon the municipality's authority to implement the
15redevelopment plan for that redevelopment project area. For
16any redevelopment project area with a smaller State Sales Tax
17Boundary within its area, the municipality may annually elect
18to deposit the Municipal Sales Tax Increment for the
19redevelopment project area in the special tax allocation fund
20and shall certify the amount to the Department prior to
21receipt of the Net State Sales Tax Increment. Any municipality
22required by subsection (9) to establish a State Sales Tax
23Boundary for one or more of its redevelopment project areas
24shall submit all necessary information required by the
25Department concerning such boundary and the retailers therein,
26by October 1, 1989, after complying with the procedures for

 

 

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1amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of
2this Act. Net State Sales Tax Increment produced within the
3State Sales Tax Boundary shall be spent only within that area.
4However expenditures of all municipal property tax increment
5and municipal sales tax increment in a redevelopment project
6area are not required to be spent within the smaller State
7Sales Tax Boundary within such redevelopment project area.
8    (11) The Department of Revenue shall have the authority to
9issue rules and regulations for purposes of this Section.
10    (12) If, under Section 5.4.1 of the Illinois Enterprise
11Zone Act, a municipality determines that property that lies
12within a State Sales Tax Boundary has an improvement,
13rehabilitation, or renovation that is entitled to a property
14tax abatement, then that property along with any improvements,
15rehabilitation, or renovations shall be immediately removed
16from any State Sales Tax Boundary. The municipality that made
17the determination shall notify the Department of Revenue
18within 30 days after the determination. Once a property is
19removed from the State Sales Tax Boundary because of the
20existence of a property tax abatement resulting from an
21enterprise zone, then that property shall not be permitted to
22be amended into a State Sales Tax Boundary.
23(Source: P.A. 100-201, eff. 8-18-17.)
 
24    (65 ILCS 5/11-74.6-22)
25    Sec. 11-74.6-22. Adoption of ordinance; requirements;

 

 

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1changes.
2    (a) Before adoption of an ordinance proposing the
3designation of a redevelopment planning area or a
4redevelopment project area, or both, or approving a
5redevelopment plan or redevelopment project, the municipality
6or commission designated pursuant to subsection (l) of Section
711-74.6-15 shall fix by ordinance or resolution a time and
8place for public hearing. Prior to the adoption of the
9ordinance or resolution establishing the time and place for
10the public hearing, the municipality shall make available for
11public inspection a redevelopment plan or a report that
12provides in sufficient detail, the basis for the eligibility
13of the redevelopment project area. The report along with the
14name of a person to contact for further information shall be
15sent to the affected taxing district by certified mail within
16a reasonable time following the adoption of the ordinance or
17resolution establishing the time and place for the public
18hearing.
19    At the public hearing any interested person or affected
20taxing district may file with the municipal clerk written
21objections to the ordinance and may be heard orally on any
22issues that are the subject of the hearing. The municipality
23shall hear and determine all alternate proposals or bids for
24any proposed conveyance, lease, mortgage or other disposition
25of land and all protests and objections at the hearing and the
26hearing may be adjourned to another date without further

 

 

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1notice other than a motion to be entered upon the minutes
2fixing the time and place of the later hearing. At the public
3hearing or at any time prior to the adoption by the
4municipality of an ordinance approving a redevelopment plan,
5the municipality may make changes in the redevelopment plan.
6Changes which (1) add additional parcels of property to the
7proposed redevelopment project area, (2) substantially affect
8the general land uses proposed in the redevelopment plan, or
9(3) substantially change the nature of or extend the life of
10the redevelopment project shall be made only after the
11municipality gives notice, convenes a joint review board, and
12conducts a public hearing pursuant to the procedures set forth
13in this Section and in Section 11-74.6-25. Changes which do
14not (1) add additional parcels of property to the proposed
15redevelopment project area, (2) substantially affect the
16general land uses proposed in the redevelopment plan, or (3)
17substantially change the nature of or extend the life of the
18redevelopment project may be made without further hearing,
19provided that the municipality shall give notice of any such
20changes by mail to each affected taxing district and by
21publication once in a newspaper of general circulation within
22the affected taxing district. Such notice by mail and by
23publication shall each occur not later than 10 days following
24the adoption by ordinance of such changes.
25    (b) Before adoption of an ordinance proposing the
26designation of a redevelopment planning area or a

 

 

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1redevelopment project area, or both, or amending the
2boundaries of an existing redevelopment project area or
3redevelopment planning area, or both, the municipality shall
4convene a joint review board to consider the proposal. The
5board shall consist of a representative selected by each
6taxing district that has authority to levy real property taxes
7on the property within the proposed redevelopment project area
8and that has at least 5% of its total equalized assessed value
9located within the proposed redevelopment project area, a
10representative selected by the municipality and a public
11member. The public member and the board's chairperson shall be
12selected by a majority of other board members.
13    All board members shall be appointed and the first board
14meeting held within 14 days following the notice by the
15municipality to all the taxing districts as required by
16subsection (c) of Section 11-74.6-25. The notice shall also
17advise the taxing bodies represented on the joint review board
18of the time and place of the first meeting of the board.
19Additional meetings of the board shall be held upon the call of
20any 2 members. The municipality seeking designation of the
21redevelopment project area may provide administrative support
22to the board.
23    The board shall review the public record, planning
24documents and proposed ordinances approving the redevelopment
25plan and project to be adopted by the municipality. As part of
26its deliberations, the board may hold additional hearings on

 

 

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1the proposal. A board's recommendation, if any, shall be a
2written recommendation adopted by a majority vote of the board
3and submitted to the municipality within 30 days after the
4board convenes. A board's recommendation shall be binding upon
5the municipality. Failure of the board to submit its
6recommendation on a timely basis shall not be cause to delay
7the public hearing or the process of establishing or amending
8the redevelopment project area. The board's recommendation on
9the proposal shall be based upon the area satisfying the
10applicable eligibility criteria defined in Section 11-74.6-10
11and whether there is a basis for the municipal findings set
12forth in the redevelopment plan as required by this Act. If the
13board does not file a recommendation it shall be presumed that
14the board has found that the redevelopment project area
15satisfies the eligibility criteria.
16    (c) After a municipality has by ordinance approved a
17redevelopment plan and designated a redevelopment planning
18area or a redevelopment project area, or both, the plan may be
19amended and additional properties may be added to the
20redevelopment project area only as herein provided. Amendments
21which (1) add additional parcels of property to the proposed
22redevelopment project area, (2) substantially affect the
23general land uses proposed in the redevelopment plan, (3)
24substantially change the nature of the redevelopment project,
25(4) increase the total estimated redevelopment project costs
26set out in the redevelopment plan by more than 5% after

 

 

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1adjustment for inflation from the date the plan was adopted,
2or (5) add additional redevelopment project costs to the
3itemized list of redevelopment project costs set out in the
4redevelopment plan shall be made only after the municipality
5gives notice, convenes a joint review board, and conducts a
6public hearing pursuant to the procedures set forth in this
7Section and in Section 11-74.6-25. Changes which do not (1)
8add additional parcels of property to the proposed
9redevelopment project area, (2) substantially affect the
10general land uses proposed in the redevelopment plan, (3)
11substantially change the nature of the redevelopment project,
12(4) increase the total estimated redevelopment project cost
13set out in the redevelopment plan by more than 5% after
14adjustment for inflation from the date the plan was adopted,
15or (5) add additional redevelopment project costs to the
16itemized list of redevelopment project costs set out in the
17redevelopment plan may be made without further hearing,
18provided that the municipality shall give notice of any such
19changes by mail to each affected taxing district and by
20publication once in a newspaper of general circulation within
21the affected taxing district. Such notice by mail and by
22publication shall each occur not later than 10 days following
23the adoption by ordinance of such changes.
24    Notwithstanding Section 11-74.6-50, the redevelopment
25project area established by an ordinance adopted in its final
26form on December 19, 2011 by the City of Loves Park may be

 

 

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1expanded by the adoption of an ordinance to that effect
2without further hearing or notice to include land that (i) is
3at least in part contiguous to the existing redevelopment
4project area, (ii) does not exceed approximately 16.56 acres,
5(iii) at the time of the establishment of the redevelopment
6project area would have been otherwise eligible for inclusion
7in the redevelopment project area, and (iv) is zoned so as to
8comply with this Act prior to its inclusion in the
9redevelopment project area.
10    (d) After the effective date of this amendatory Act of the
1191st General Assembly, a municipality shall submit the
12following information for each redevelopment project area (i)
13to the State Comptroller under Section 8-8-3.5 of the Illinois
14Municipal Code, subject to any extensions or exemptions
15provided at the Comptroller's discretion under that Section,
16and (ii) to all taxing districts overlapping the redevelopment
17project area no later than 180 days after the close of each
18municipal fiscal year, or, for fiscal years ending before
19January 1, 2028, year or as soon thereafter as the audited
20financial statements become available and, in any case, shall
21be submitted before the annual meeting of the joint review
22board to each of the taxing districts that overlap the
23redevelopment project area:
24        (1) Any amendments to the redevelopment plan, or the
25    redevelopment project area.
26        (1.5) A list of the redevelopment project areas

 

 

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1    administered by the municipality and, if applicable, the
2    date each redevelopment project area was designated or
3    terminated by the municipality.
4        (2) Audited financial statements of the special tax
5    allocation fund once a cumulative total of $100,000 of tax
6    increment revenues has been deposited in the fund for
7    fiscal years ending before January 1, 2028.
8        (3) Certification of the Chief Executive Officer of
9    the municipality that the municipality has complied with
10    all of the requirements of this Act during the preceding
11    fiscal year.
12        (4) An opinion of legal counsel that the municipality
13    is in compliance with this Act.
14        (5) An analysis of the special tax allocation fund
15    which sets forth:
16            (A) the balance in the special tax allocation fund
17        at the beginning of the fiscal year;
18            (B) all amounts deposited in the special tax
19        allocation fund by source;
20            (C) an itemized list of all expenditures from the
21        special tax allocation fund by category of permissible
22        redevelopment project cost; and
23            (D) the balance in the special tax allocation fund
24        at the end of the fiscal year including a breakdown of
25        that balance by source and a breakdown of that balance
26        identifying any portion of the balance that is

 

 

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1        required, pledged, earmarked, or otherwise designated
2        for payment of or securing of obligations and
3        anticipated redevelopment project costs. Any portion
4        of such ending balance that has not been identified or
5        is not identified as being required, pledged,
6        earmarked, or otherwise designated for payment of or
7        securing of obligations or anticipated redevelopment
8        project costs shall be designated as surplus as set
9        forth in Section 11-74.6-30 hereof.
10        (6) A description of all property purchased by the
11    municipality within the redevelopment project area
12    including:
13            (A) Street address.
14            (B) Approximate size or description of property.
15            (C) Purchase price.
16            (D) Seller of property.
17        (7) A statement setting forth all activities
18    undertaken in furtherance of the objectives of the
19    redevelopment plan, including:
20            (A) Any project implemented in the preceding
21        fiscal year.
22            (B) A description of the redevelopment activities
23        undertaken.
24            (C) A description of any agreements entered into
25        by the municipality with regard to the disposition or
26        redevelopment of any property within the redevelopment

 

 

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1        project area.
2            (D) Additional information on the use of all funds
3        received under this Division and steps taken by the
4        municipality to achieve the objectives of the
5        redevelopment plan.
6            (E) Information regarding contracts that the
7        municipality's tax increment advisors or consultants
8        have entered into with entities or persons that have
9        received, or are receiving, payments financed by tax
10        increment revenues produced by the same redevelopment
11        project area.
12            (F) Any reports submitted to the municipality by
13        the joint review board.
14            (G) A review of public and, to the extent
15        possible, private investment actually undertaken to
16        date after the effective date of this amendatory Act
17        of the 91st General Assembly and estimated to be
18        undertaken during the following year. This review
19        shall, on a project-by-project basis, set forth the
20        estimated amounts of public and private investment
21        incurred after the effective date of this amendatory
22        Act of the 91st General Assembly and provide the ratio
23        of private investment to public investment to the date
24        of the report and as estimated to the completion of the
25        redevelopment project.
26        (8) With regard to any obligations issued by the

 

 

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1    municipality:
2            (A) copies of any official statements; and
3            (B) an analysis prepared by financial advisor or
4        underwriter, chosen by the municipality, setting
5        forth: (i) nature and term of obligation; (ii)
6        projected debt service including required reserves and
7        debt coverage; and (iii) actual debt service.
8        (9) For special tax allocation funds that have
9    received cumulative deposits of incremental tax revenues
10    of $100,000 or more, a certified audit report reviewing
11    compliance with this Act performed by an independent
12    public accountant certified and licensed by the authority
13    of the State of Illinois. The financial portion of the
14    audit must be conducted in accordance with Standards for
15    Audits of Governmental Organizations, Programs,
16    Activities, and Functions adopted by the Comptroller
17    General of the United States (1981), as amended, or the
18    standards specified by Section 8-8-5 of the Illinois
19    Municipal Auditing Law of the Illinois Municipal Code. The
20    audit report shall contain a letter from the independent
21    certified public accountant indicating compliance or
22    noncompliance with the requirements of subsection (o) of
23    Section 11-74.6-10.
24    In addition to information required to be reported under
25this Section, for Fiscal Year 2022 and each fiscal year
26thereafter, reporting municipalities shall also report to the

 

 

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1Comptroller annually in a manner and format prescribed by the
2Comptroller: (1) the number of jobs, if any, projected to be
3created for each redevelopment project area at the time of
4approval of the redevelopment agreement; (2) the number of
5jobs, if any, created as a result of the development to date
6for that reporting period under the same guidelines and
7assumptions as was used for the projections used at the time of
8approval of the redevelopment agreement; (3) the amount of
9increment projected to be created at the time of approval of
10the redevelopment agreement for each redevelopment project
11area; (4) the amount of increment created as a result of the
12development to date for that reporting period using the same
13assumptions as was used for the projections used at the time of
14the approval of the redevelopment agreement; and (5) the
15stated rate of return identified by the developer to the
16municipality for each redevelopment project area, if any.
17Stated rates of return required to be reported in item (5)
18shall be independently verified by a third party chosen by the
19municipality. Reporting municipalities shall also report to
20the Comptroller a copy of the redevelopment plan each time the
21redevelopment plan is enacted, amended, or extended in a
22manner and format prescribed by the Comptroller. These
23requirements shall only apply to redevelopment projects
24beginning in or after Fiscal Year 2022.
25    (e) The joint review board shall meet annually 180 days
26after the close of the municipal fiscal year, or, for fiscal

 

 

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1years ending before January 1, 2028, year or as soon as the
2redevelopment project audit for that fiscal year becomes
3available to review the effectiveness and status of the
4redevelopment project area up to that date.
5(Source: P.A. 102-127, eff. 7-23-21.)
 
6    (65 ILCS 5/11-94-5)  (from Ch. 24, par. 11-94-5)
7    Sec. 11-94-5. Each municipality which issues bonds and
8constructs or acquires or improves a facility under this
9Division 94 shall charge for the use thereof at a rate which at
10all times is sufficient to pay maintenance and operation
11costs, depreciation and the principal and interest on the
12bonds. Such a municipality may make, enact, and enforce all
13needful rules and regulations for the construction,
14acquisition, improvement, extension, management, maintenance,
15care, and protection of its natatoriums or swimming pools,
16indoor or outdoor tennis courts, handball, racquetball or
17squash courts, artificial ice skating rinks or golf courses,
18or any other recreational facility, or any combination of
19facilities, as the case may be, and for the use thereof.
20Charges or rates for the use of the facility shall be
21established, revised, maintained, and payable as the corporate
22authorities may determine by ordinance.
23    While any bond issued under this Division 94 is
24outstanding, such a municipality is required to maintain and
25operate its natatoriums or swimming pools, indoor or outdoor

 

 

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1tennis courts, handball, racquetball or squash courts,
2artificial ice skating rinks or golf courses, or any other
3recreational facility, or any combination of facilities, as
4long as it can do so out of the revenue derived from the
5operation thereof. It shall not sell, lease, loan, mortgage or
6in any other manner dispose of the natatoriums or swimming
7pools, indoor or outdoor tennis courts, handball, racquetball
8or squash courts, artificial ice skating rinks or golf
9courses, or any other recreational facility, or any
10combination of facilities, until all of the bonds so issued
11have been paid in full, both principal and interest or until
12provision has been made for the payment of all of the bonds and
13interests thereon in full.
14    Such a municipality shall install and maintain a proper
15system of accounts, showing the amount of revenue received
16from the operation of its natatoriums or swimming pools,
17indoor or outdoor tennis courts, handball, racquetball or
18squash courts, artificial ice skating rinks or golf courses.
19At least once each year, the municipality shall have the
20accounts properly audited for fiscal years ending before
21January 1, 2028. A report of this audit shall be open for
22inspection at all times to any taxpayer, or to a holder of any
23bond or coupon of any bond issued under this Division 94, or to
24their respective representatives.
25    This amendatory Act of 1973 is not a limit upon any
26municipality which is a home rule unit.

 

 

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1    This amendatory Act of 1975 is not a limit upon any
2municipality which is a home rule unit.
3(Source: P.A. 81-1509.)
 
4    (65 ILCS 5/11-117-13)  (from Ch. 24, par. 11-117-13)
5    Sec. 11-117-13. Any municipality, owning a public utility,
6shall keep the accounts for each public utility distinct from
7other municipal accounts and in such manner as to show the true
8and complete financial results of municipal ownership or
9ownership and operation, as the case may be. These accounts
10shall be so kept as to show (1) the actual cost of the
11municipality of each public utility owned; (2) all costs of
12maintenance, extension, and improvement; (3) all operating
13expenses of every description, in case of municipal operation;
14(4) the amounts set aside for sinking fund purposes; (5) if
15water or other service is furnished for the use of a public
16utility without charge, as nearly as possible, the value of
17that service and also the value of any similar service
18rendered by each public utility to any other municipal
19department without charge; (6) reasonable allowances for
20interest, depreciation, and insurance; and (7) estimates of
21the amount of taxes that would be chargeable against each
22public utility if owned by a private corporation.
23    For fiscal years ending before January 1, 2028, the The
24corporate authorities shall print annually for public
25distribution, a report, in the form specified in this Section,

 

 

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1showing the financial results of the municipal ownership or
2ownership and operation. The accounts of each public utility
3shall be examined once each year by a licensed Certified
4Public Accountant permitted to perform audits under the
5Illinois Public Accounting Act who shall report to the
6corporate authorities the results of his examination. This
7accountant shall be selected in such manner as the corporate
8authorities may direct, and he shall receive for his services
9such compensation, to be paid out of the revenue from each
10public utility, as the municipality may prescribe.
11(Source: P.A. 94-465, eff. 8-4-05.)
 
12    (65 ILCS 5/11-119.1-4)  (from Ch. 24, par. 11-119.1-4)
13    Sec. 11-119.1-4. Municipal Power Agencies.
14    A. Any 2 or more municipalities, contiguous or
15noncontiguous, and which operate an electric utility system,
16may form a municipal power agency by the execution of an agency
17agreement authorized by an ordinance adopted by the governing
18body of each municipality. The agency agreement may state:
19        (1) that the municipal power agency is created and
20    incorporated under the provisions of this Division as a
21    body politic and corporate, municipal corporation and unit
22    of local government of the State of Illinois;
23        (2) the name of the agency and the date of its
24    establishment;
25        (3) that names of the municipalities which have

 

 

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1    adopted the agency agreement and constitute the initial
2    members of the municipal power agency;
3        (4) the names and addresses of the persons initially
4    appointed in the ordinances adopting the agency agreement
5    to serve on the Board of Directors and act as the
6    representatives of the municipalities, respectively, in
7    the exercise of their powers as members;
8        (5) the limitations, if any, upon the terms of office
9    of the directors, provided that such directors shall
10    always be selected and vacancies in their offices declared
11    and filled by ordinances adopted by the governing body of
12    the respective municipalities;
13        (6) the location by city, village or incorporated town
14    in the State of Illinois of the principal office of the
15    municipal power agency;
16        (7) provisions for the disposition, division or
17    distribution of obligations, property and assets of the
18    municipal power agency upon dissolution; and
19        (8) any other provisions for regulating the business
20    of the municipal power agency or the conduct of its
21    affairs which may be agreed to by the member
22    municipalities, consistent with this Division, including,
23    without limitation, any provisions for weighted voting
24    among the member municipalities or by the directors.
25    B. The presiding officer of the Board of Directors of any
26municipal power agency established pursuant to this Division

 

 

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1or such other officer selected by the Board of Directors,
2within 3 months after establishment, shall file a certified
3copy of the agency agreement and a list of the municipalities
4which have adopted the agreement with the recorder of deeds of
5the county in which the principal office is located. The
6recorder of deeds shall record this certified copy and list
7and shall immediately transmit the certified copy and list to
8the Secretary of State, together with his certificate of
9recordation. The Secretary of State shall file these documents
10and issue his certificate of approval over his signature and
11the Great Seal of the State. The Secretary of State shall make
12and keep a register of municipal power agencies established
13under this Division.
14    C. Each municipality which becomes a member of the
15municipal power agency shall appoint a representative to serve
16on the Board of Directors, which representative may be a
17member of the governing body of the municipality. Each
18appointment shall be made by the mayor, or president, subject
19to the confirmation of the governing body. The directors so
20appointed shall hold office for a term of 3 years, or until a
21successor has been duly appointed and qualified, except that
22the directors first appointed shall determine by lot at their
23initial meeting the respective directors which shall serve for
24a term of one, 2 or 3 years from the date of that meeting. A
25vacancy shall be filled for the balance of the unexpired term
26in the same manner as the original appointment.

 

 

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1    The Board of Directors is the corporate authority of the
2municipal power agency and shall exercise all the powers and
3manage and control all of the affairs and property of the
4agency. The Board of Directors shall have full power to pass
5all necessary ordinances, resolutions, rules and regulations
6for the proper management and conduct of the business of the
7board, and for carrying into effect the objects for which the
8agency was established.
9    At the initial meeting of the Board of Directors to be held
10within 30 days after the date of establishment of the
11municipal power agency, the directors shall elect from their
12members a presiding officer to preside over the meetings of
13the Board of Directors and an alternative presiding officer
14and may elect an executive board. The Board of Directors shall
15determine and designate in the agency's bylaws the titles for
16the presiding officers. The directors shall also elect a
17secretary and treasurer, who need not be directors. The board
18may select such other officers, employees and agents as deemed
19to be necessary, who need not be directors or residents of any
20of the municipalities which are members of the municipal power
21agency. The board may designate appropriate titles for all
22other officers, employees, and agents. All persons selected by
23the board shall hold their respective offices during the
24pleasure of the board, and give such bond as may be required by
25the board.
26    D. The bylaws of the municipal power agency, and any

 

 

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1amendments thereto, shall be adopted by the Board of Directors
2by a majority vote (adjusted for weighted voting, if provided
3in the Agency Agreement) to provide the following:
4        (1) the conditions and obligations of membership, if
5    any;
6        (2) the manner and time of calling regular and special
7    meetings of the Board of Directors;
8        (3) the procedural rules of the Board of Directors;
9        (4) the composition, powers and responsibilities of
10    any committee or executive board;
11        (5) the rights and obligations of new members, and the
12    disposition of rights and obligations upon termination of
13    membership; and
14        (6) such other rules or provisions for regulating the
15    affairs of the municipal power agency as the board shall
16    determine to be necessary.
17    E. Every municipal power agency shall maintain an office
18in the State of Illinois to be known as its principal office.
19When a municipal power agency desires to change the location
20of such office, it shall file with the Secretary of State a
21certificate of change of location, stating the new address and
22the effective date of change. Meetings of the Board of
23Directors may be held at any place within the State of
24Illinois, designated by the Board of Directors, after notice.
25Unless otherwise provided by the bylaws, an act of the
26majority of the directors present at a meeting at which a

 

 

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1quorum is present is the act of the Board of Directors.
2    F. The Board of Directors shall hold at least one meeting
3each year for the election of officers and for the transaction
4of any other business. Special meetings of the Board of
5Directors may be called for any purpose upon written request
6to the presiding officer of the Board of Directors or
7secretary to call the meeting. Such officer shall give notice
8of the meeting to be held not less than 10 days and not more
9than 60 days after receipt of such request. Unless the bylaws
10provide for a different percentage, a quorum for a meeting of
11the Board of Directors is a majority of all members then in
12office. All meetings of the board shall be held in compliance
13with the provisions of the Open Meetings Act "An Act in
14relation to meetings", approved July 11, 1957, as amended.
15    G. The agency agreement may be amended as proposed at any
16meeting of the Board of Directors for which notice, stating
17the purpose, shall be given to each director and, unless the
18bylaws prescribe otherwise, such amendment shall become
19effective when ratified by ordinances adopted by a majority of
20the governing bodies of the member municipalities. Each
21amendment, duly certified, shall be recorded and filed in the
22same manner as for the original agreement.
23    H. Each member municipality shall have full power and
24authority, subject to the provisions of its charter and laws
25regarding local finance, to appropriate money for the payment
26of the expenses of the municipal power agency and of its

 

 

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1representative in exercising its functions as a member of the
2municipal power agency.
3    I. Any additional municipality which operates an electric
4utility system may join the municipal power agency, or any
5member municipality may withdraw therefrom upon the approval
6by ordinance adopted by the governing body of the majority of
7the municipalities which are then members of the municipal
8power agency. Any new member shall agree to assume its
9proportionate share of the outstanding obligations of the
10municipal power agency and any member permitted to withdraw
11shall remain obligated to make payments under any outstanding
12contract or agreement with the municipal power agency. Any
13such change in membership shall be recorded and filed in the
14same manner as for the original agreement.
15    J. Any 2 or more municipal power agencies organized
16pursuant to this Division may consolidate to form a new
17municipal power agency when approved by ordinance adopted by
18the governing body of each municipality which is a member of
19the respective municipal power agency and by the execution of
20an agency agreement as provided in this Section.
21    K. For fiscal years ending before January 1, 2028,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of a municipal power
24agency shall be subject to the Governmental Account Audit Act.
25    L. For fiscal years beginning after December 31, 2027,
26notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of a municipal power
2agency shall be subject to the Government Reporting
3Enhancement and Transparency Act.
4(Source: P.A. 96-204, eff. 1-1-10.)
 
5    (65 ILCS 5/11-119.2-4)  (from Ch. 24, par. 11-119.2-4)
6    Sec. 11-119.2-4. A. Any 2 or more municipalities,
7contiguous or noncontiguous, and which operate a natural gas
8plant or system, may form a municipal natural gas agency by the
9execution of an agency agreement authorized by an ordinance
10adopted by the governing body of each municipality. The agency
11agreement may state:
12        (1) that the municipal natural gas agency is created
13    and incorporated under the provisions of this Division as
14    a body politic and corporate, municipal corporation and
15    unit of local government of the State of Illinois;
16        (2) the name of the agency and the date of its
17    establishment;
18        (3) the names of the municipalities which have adopted
19    the agency agreement and constitute the initial members of
20    the municipal natural gas agency;
21        (4) the names and addresses of the persons initially
22    appointed in the ordinances adopting the agency agreement
23    to serve on the Board of Directors and act as the
24    representatives of the municipalities, respectively, in
25    the exercise of their powers as members;

 

 

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1        (5) the limitations, if any, upon the terms of office
2    of the directors, provided that such directors shall
3    always be selected and vacancies in their offices declared
4    and filled by ordinances adopted by the governing body of
5    the respective municipalities;
6        (6) the location by city, village or incorporated town
7    in the State of Illinois of the principal office of the
8    municipal natural gas agency;
9        (7) provisions for the disposition, division or
10    distribution of obligations, property and assets of the
11    municipal natural gas agency upon dissolution; and
12        (8) any other provisions for regulating the business
13    of the municipal natural gas agency or the conduct of its
14    affairs which may be agreed to by the member
15    municipalities, consistent with this Division, including,
16    without limitation, any provisions for weighted voting
17    among the member municipalities or by the directors.
18    B. The presiding officer of the Board of Directors of any
19municipal natural gas agency established pursuant to this
20Division or such other officer selected by the Board of
21Directors, within 3 months after establishment, shall file a
22certified copy of the agency agreement and a list of the
23municipalities which have adopted the agreement with the
24recorder of the county in which the principal office is
25located. The recorder shall record this certified copy and
26list and shall immediately transmit the certified copy and

 

 

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1list to the Secretary of State, together with his certificate
2of recordation. The Secretary of State shall file these
3documents and issue his certificate of approval over his
4signature and the Great Seal of the State. The Secretary of
5State shall make and keep a register of municipal natural gas
6agencies established under this Division.
7    C. Each municipality which becomes a member of the
8municipal natural gas agency shall appoint a representative to
9serve on the Board of Directors, which representative may be a
10member of the governing body of the municipality. Each
11appointment shall be made by the mayor, or president, subject
12to the confirmation of the governing body. The directors so
13appointed shall hold office for a term of 3 years, or until a
14successor has been duly appointed and qualified, except that
15the directors first appointed shall determine by lot at their
16initial meeting the respective directors which shall serve for
17a term of one, 2 or 3 years from the date of that meeting. A
18vacancy shall be filled for the balance of the unexpired term
19in the same manner as the original appointment.
20    The Board of Directors is the corporate authority of the
21municipal natural gas agency and shall exercise all the powers
22and manage and control all of the affairs and property of the
23agency. The Board of Directors shall have full power to pass
24all necessary ordinances, resolutions, rules and regulations
25for the proper management and conduct of the business of the
26board, and for carrying into effect the objects for which the

 

 

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1agency was established.
2    At the initial meeting of the Board of Directors to be held
3within 30 days after the date of establishment of the
4municipal natural gas agency, the directors shall elect from
5their members a presiding officer to preside over the meetings
6of the Board of Directors and an alternate presiding officer
7and may elect an executive board. The Board of Directors shall
8determine and designate in the agency's bylaws the titles for
9the presiding officers. The directors shall also elect a
10secretary and treasurer, who need not be directors. The board
11may select such other officers, employees and agents as deemed
12to be necessary, who need not be directors or residents of any
13of the municipalities which are members of the municipal
14natural gas agency. The board may designate appropriate titles
15for all other officers, employees, and agents. All persons
16selected by the board shall hold their respective offices
17during the pleasure of the board, and give such bond as may be
18required by the board.
19    D. The bylaws of the municipal natural gas agency, and any
20amendments thereto, shall be adopted by the Board of Directors
21by a majority vote (adjusted for weighted voting, if provided
22in the Agency Agreement) to provide the following:
23        (1) the conditions and obligations of membership, if
24    any;
25        (2) the manner and time of calling regular and special
26    meetings of the Board of Directors;

 

 

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1        (3) the procedural rules of the Board of Directors;
2        (4) the composition, powers and responsibilities of
3    any committee or executive board;
4        (5) the rights and obligations of new members, and the
5    disposition of rights and obligations upon termination of
6    membership; and
7        (6) such other rules or provisions for regulating the
8    affairs of the municipal natural gas agency as the board
9    shall determine to be necessary.
10    E. Every municipal natural gas agency shall maintain an
11office in the State of Illinois to be known as its principal
12office. When a municipal natural gas agency desires to change
13the location of such office, it shall file with the Secretary
14of State a certificate of change of location, stating the new
15address and the effective date of change. Meetings of the
16Board of Directors may be held at any place within the State of
17Illinois, designated by the Board of Directors, after notice.
18Unless otherwise provided by the bylaws, an act of the
19majority of the directors present at a meeting at which a
20quorum is present is the act of the Board of Directors.
21    F. The Board of Directors shall hold at least one meeting
22each year for the election of officers and for the transaction
23of any other business. Special meetings of the Board of
24Directors may be called for any purpose upon written request
25to the presiding officer of the Board of Directors or
26secretary to call the meeting. Such officer shall give notice

 

 

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1of the meeting to be held not less than 10 days and not more
2than 60 days after receipt of such request. Unless the bylaws
3provide for a different percentage, a quorum for a meeting of
4the Board of Directors is a majority of all members then in
5office. All meetings of the board shall be held in compliance
6with the provisions of the Open Meetings Act.
7    G. The agency agreement may be amended as proposed at any
8meeting of the Board of Directors for which notice, stating
9the purpose, shall be given to each director and, unless the
10bylaws prescribe otherwise, such amendment shall become
11effective when ratified by ordinances adopted by a majority of
12the governing bodies of the member municipalities. Each
13amendment, duly certified, shall be recorded and filed in the
14same manner as for the original agreement.
15    H. Each member municipality shall have full power and
16authority, subject to the provisions of its charter and laws
17regarding local finance, to appropriate money for the payment
18of the expenses of the municipal natural gas agency and of its
19representative in exercising its functions as a member of the
20municipal natural gas agency.
21    I. Any additional municipality which operates a natural
22gas plant or system may join the municipal natural gas agency,
23or any member municipality may withdraw therefrom upon the
24approval by ordinance adopted by the governing body of the
25majority of the municipalities which are then members of the
26municipal natural gas agency. Any new member shall agree to

 

 

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1assume its proportionate share of the outstanding obligations
2of the municipal natural gas agency and any member permitted
3to withdraw shall remain obligated to make payments under any
4outstanding contract or agreement with the municipal natural
5gas agency. Any such change in membership shall be recorded
6and filed in the same manner as for the original agreement.
7    J. Any 2 or more municipal natural gas agencies organized
8pursuant to this Division may consolidate to form a new
9municipal natural gas agency when approved by ordinance
10adopted by the governing body of each municipality which is a
11member of the respective municipal natural gas agency and by
12the execution of an agency agreement as provided in this
13Section.
14    K. For fiscal years ending before January 1, 2028,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of a municipal natural
17gas agency shall be subject to the Governmental Account Audit
18Act.
19    L. For fiscal years beginning after December 31, 2027,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of a municipal natural
22gas agency shall be subject to the Government Reporting
23Enhancement and Transparency Act.
24(Source: P.A. 96-204, eff. 1-1-10.)
 
25    (65 ILCS 5/11-122-5)  (from Ch. 24, par. 11-122-5)

 

 

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1    Sec. 11-122-5. Every city owning, or owning and operating,
2street railways, shall keep the books of account for these
3street railways distinct from other city accounts and in such
4manner as to show the true and complete financial results of
5the city ownership, or ownership and operation, as the case
6may be. These accounts shall be so kept as to show: (1) the
7actual cost to the city of street railways owned, (2) all costs
8of maintenance, extension, and improvement, (3) all operating
9expenses of every description, in case of city operation, (4)
10the amount set aside for sinking fund purposes, (5) if water or
11other service is furnished for the use of the street railways
12without charge, as nearly as possible, the value of this
13service, and also the value of any similar service rendered by
14the street railways to any other city department without
15charge, (6) reasonable allowances for interest, depreciation,
16and insurance, and (7) estimates of the amount of taxes that
17would be chargeable against the property if owned by a private
18corporation. The city council shall print annually for public
19distribution, a report showing the financial results, in the
20form specified in this section, of the city ownership, or
21ownership and operation.
22    For fiscal years ending before January 1, 2028, the The
23accounts of those street railways, shall be examined at least
24once a year by a licensed Certified Public Accountant
25permitted to perform audits under the Illinois Public
26Accounting Act, who shall report to the city council the

 

 

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1results of his examination. This accountant shall be selected
2in such manner as the city council may direct, and he shall
3receive for his services such compensation, to be paid out of
4the income from those street railways, as the city council may
5prescribe.
6(Source: P.A. 94-465, eff. 8-4-05.)
 
7    (65 ILCS 5/11-123-14)  (from Ch. 24, par. 11-123-14)
8    Sec. 11-123-14. Every city and village owning and
9operating, or owning and leasing any portion of a utility,
10shall keep the accounts for the utilities separate and
11distinct from other municipal accounts and in such manner as
12to show the true and complete financial standing and results
13of the municipal ownership and operation or of the municipal
14ownership and leasing, as the case may be. These accounts
15shall be so kept as to show: (1) the actual cost of the
16municipality of the utilities owned; (2) all costs of
17maintenance, extension, and improvement; (3) all operating
18expenses of every description, in case of municipal operation,
19whether of the whole or of a part of the utilities; (4) if
20water or other service is furnished for the use of the
21utilities without charge, as nearly as possible, the value of
22that service, and also the value of any service rendered by the
23utilities to any reasonable allowances for interest,
24depreciation, and other municipal department without charge;
25(5) insurance; and (6) estimates of the amount of taxes that

 

 

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1would be chargeable against the utilities if owned by a
2private corporation. For fiscal years ending before January 1,
32028, the The corporate authorities of the municipality shall
4have printed annually for public distribution, a report
5showing the financial standing and results, in the form
6specified in this section, of the municipal ownership and
7operation, or of municipal ownership and leasing. This report
8shall be published in one or more newspapers published in the
9municipality, or, if no newspaper is published therein, then
10in one or more newspapers with a general circulation within
11the municipality. In municipalities with less than 500
12population in which no newspaper is published, publication may
13instead be made by posting a notice in 3 prominent places
14within the municipality.
15    For fiscal years ending before January 1, 2028, the The
16accounts of the utilities shall be examined at least once a
17year by a licensed Certified Public Accountant permitted to
18perform audits under the Illinois Public Accounting Act, who
19shall report to the corporate authorities the results of his
20examination. This accountant shall be selected in such manner
21as the corporate authorities may direct, and he shall receive
22for his services such compensation, to be paid out of the
23revenue from the utilities, as the corporate authorities may
24prescribe.
25(Source: P.A. 94-465, eff. 8-4-05.)
 

 

 

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1    (65 ILCS 5/11-130-11)  (from Ch. 24, par. 11-130-11)
2    Sec. 11-130-11. Any municipality issuing revenue bonds
3under this Division 130 shall install and maintain a proper
4system of accounts, showing the amount of revenue received and
5its application. For fiscal years ending before January 1,
62028, at At least once a year the municipality shall have the
7accounts properly audited by a competent auditor. The report
8of that audit shall be open for inspection at all proper times
9to any taxpayer, water-user, or any holder of bonds issued
10under this Division 130, or to anyone acting for and on behalf
11of the taxpayer, water-user, or bondholder.
12    The treasurer of the municipality shall be custodian of
13the funds derived from income received from waterworks
14purchased or constructed either in whole or in part under the
15provisions of this Division 130. He shall give proper bond for
16the faithful discharge of his duties as such custodian, and
17this bond shall be fixed and approved by the corporate
18authorities of the municipality.
19    All of the funds received as income from waterworks
20purchased or constructed in whole or in part under the
21provisions of this Division 130, and all of the funds received
22from the sale of revenue bonds issued to construct such a
23waterworks system, shall be kept separate and apart from the
24other funds of the municipality. The treasurer shall maintain
25separate accounts in which shall be placed (1) the interest
26and sinking fund, (2) the depreciation fund and (3) the

 

 

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1operating and maintenance fund. He shall also provide for
2refunding outstanding certificates payable out of water
3revenue.
4(Source: Laws 1961, p. 576.)
 
5    (65 ILCS 5/11-139-10)  (from Ch. 24, par. 11-139-10)
6    Sec. 11-139-10. Any municipality operating a combined
7waterworks and sewerage system under this Division 139, shall
8set up and maintain a proper system of accounts showing the
9amount of revenue received from the combined waterworks and
10sewerage system and the application of this revenue. For
11fiscal years ending before January 1, 2028, at At least once
12each year the municipality shall have these accounts properly
13audited, and a report of this audit shall be open to the public
14for inspection at all reasonable times.
15(Source: Laws 1961, p. 576.)
 
16    (65 ILCS 5/11-141-8)  (from Ch. 24, par. 11-141-8)
17    Sec. 11-141-8. Every municipality which issues bonds under
18this Division 141 shall install and maintain a proper system
19of accounts showing the amount of revenue received from the
20sewerage system and the application of that revenue. For
21fiscal years ending before January 1, 2028, at At least once
22each year the municipality shall have the accounts properly
23audited. A report of that audit shall be open for inspection at
24all proper times to any taxpayer, sewerage system user, or the

 

 

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1holder of any bond issued under this Division 141, or their
2respective representatives.
3(Source: Laws 1961, p. 576.)
 
4    Section 900-47. The Home Equity Assurance Act is amended
5by changing Section 11 and by adding Section 5.5 as follows:
 
6    (65 ILCS 95/5.5 new)
7    Sec. 5.5. Government Reporting Enhancement and
8Transparency Act.
9    (a) For fiscal years ending before January 1, 2028,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of a home equity program
12and its related governing commission shall be subject to the
13Governmental Account Audit Act.
14    (b) For fiscal years beginning after December 31, 2027,
15notwithstanding any other provision of law to the contrary,
16the operations and fiscal activities of a home equity program
17and its related governing commission shall be subject to the
18Government Reporting Enhancement and Transparency Act.
 
19    (65 ILCS 95/11)  (from Ch. 24, par. 1611)
20    Sec. 11. Guarantee Fund.
21    (a) Each governing commission and program created by
22referendum under the provisions of this Act shall maintain a
23guarantee fund for the purposes of paying the costs of

 

 

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1administering the program and extending protection to members
2pursuant to the limitations and procedures set forth in this
3Act.
4    (b) The guarantee fund shall be raised by means of an
5annual tax levied on all residential property within the
6territory of the program having at least one, but not more than
76 dwelling units and classified by county ordinance as
8residential. The rate of this tax may be changed from year to
9year by majority vote of the governing commission but in no
10case shall it exceed a rate of .12% of the equalized assessed
11valuation of all property in the territory of the program
12having at least one, but not more than 6 dwelling units and
13classified by county ordinance as residential, or the maximum
14tax rate approved by the voters of the territory at the
15referendum which created the program or, in the case of a
16merged program, the maximum tax rate approved by the voters at
17the referendum authorizing the merger, whichever rate is
18lower. The commissioners shall cause the amount to be raised
19by taxation in each year to be certified to the county clerk in
20the manner provided by law, and any tax so levied and certified
21shall be collected and enforced in the same manner and by the
22same officers as those taxes for the purposes of the county and
23city within which the territory of the commission is located.
24Any such tax, when collected, shall be paid over to the proper
25officer of the commission who is authorized to receive and
26receipt for such tax. The governing commission may issue tax

 

 

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1anticipation warrants against the taxes to be assessed for the
2calendar year in which the program is created and for the first
3full calendar year after the creation of the program.
4    (c) The moneys deposited in the guarantee fund shall, as
5nearly as practicable, be fully and continuously invested or
6reinvested by the governing commission in investment
7obligations which shall be in such amounts, and shall mature
8at such times, that the maturity or date of redemption at the
9option of the holder of such investment obligations shall
10coincide, as nearly as practicable, with the times at which
11monies will be required for the purposes of the program. For
12the purposes of this Section investment obligation shall mean
13direct general municipal, state, or federal obligations which
14at the time are legal investments under the laws of this State
15and the payment of principal of and interest on which are
16unconditionally guaranteed by the governing body issuing them.
17    (d) Except as permitted by this subsection and subsection
18(d-5), the guarantee fund shall be used solely and exclusively
19for the purpose of providing guarantees to members of the
20particular Guaranteed Home Equity Program and for reasonable
21salaries, expenses, bills, and fees incurred in administering
22the program, and shall be used for no other purpose.
23    A governing commission, with no less than $4,000,000 in
24its guarantee fund, may, if authorized (i) by referendum duly
25adopted by a majority of the voters or (ii) by resolution of
26the governing commission upon approval by two-thirds of the

 

 

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1commissioners, establish a Low Interest Home Improvement Loan
2Program in accordance with and subject to procedures
3established by a financial institution, as defined in the
4Illinois Banking Act. Whenever the question of creating a Low
5Interest Home Improvement Loan Program is initiated by
6resolution or ordinance of the corporate authorities of the
7municipality or by a petition signed by not less than 10% of
8the total number of registered voters of each precinct in the
9territory, the registered voters of which are eligible to sign
10the petition, it shall be the duty of the election authority
11having jurisdiction over the municipality to submit the
12question of creating the program to the electors of each
13precinct within the territory at the regular election
14specified in the resolution, ordinance, or petition initiating
15the question. A petition initiating a question described in
16this subsection shall be filed with the election authority
17having jurisdiction over the municipality. The petition shall
18be filed and objections to the petition shall be made in the
19manner provided in the Election Code. A resolution, ordinance,
20or petition initiating a question described in this subsection
21shall specify the election at which the question is to be
22submitted. The referendum on the question shall be held in
23accordance with the Election Code. The question shall be in
24substantially the following form:
25        "Shall the (name of the home equity program) implement
26    a Low Interest Home Improvement Loan Program with money

 

 

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1    from the guarantee fund of the established guaranteed home
2    equity program?"
3The votes must be recorded as "Yes" or "No".
4    Whenever a majority of the voters on the public question
5approve the creation of the program as certified by the proper
6election authorities or a resolution of the governing
7commission is approved by a two-thirds majority, the
8commission shall establish the program and administer the
9program with funds collected under the Guaranteed Home Equity
10Program, subject to the following conditions:
11        (1) At any given time, the cumulative total of all
12    loans and loan guarantees (if applicable) issued under
13    this program may not reduce the balance of the guarantee
14    fund to less than $3,000,000.
15        (2) Only eligible applicants may apply for a loan.
16        (3) The loan must be used for the repair, maintenance,
17    remodeling, alteration, or improvement of a guaranteed
18    residence. This condition is intended to include the
19    repair or maintenance of a guaranteed residence's water
20    and sewer pipes and repair of a guaranteed residence,
21    including, but not limited to, basement repairs, following
22    flooding damage or other natural disaster damage to the
23    property. This condition is not intended to exclude the
24    repair, maintenance, remodeling, alteration, or
25    improvement of a guaranteed residence's landscape. This
26    condition is intended to exclude the demolition of a

 

 

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1    current residence. This condition is also intended to
2    exclude the construction of a new residence.
3        (4) An eligible applicant may not borrow more than the
4    amount of equity value in his or her residence.
5        (5) A commission must ensure that loans issued are
6    secured with collateral that is at least equal to the
7    amount of the loan or loan guarantee.
8        (6) A commission shall charge an interest rate which
9    it determines to be below the market rate of interest
10    generally available to the applicant.
11        (7) A commission may, by resolution, establish other
12    administrative rules and procedures as are necessary to
13    implement this program including, but not limited to, loan
14    dollar amounts and terms. A commission may also impose on
15    loan applicants a one-time application fee for the purpose
16    of defraying the costs of administering the program.
17        (8) A commission may use loan funds to issue a grant or
18    rebate for repairs, maintenance, remodeling, alteration,
19    or improvement of a guaranteed residence for purposes of
20    preventing or repairing damage as a result of a natural
21    disaster, including, but not limited to, flooding.
22    (d-5) A governing commission, with no less than $4,000,000
23in its guarantee fund, may, if authorized by referendum duly
24adopted by a majority of the voters, establish a Foreclosure
25Prevention Loan Fund to provide low interest emergency loans
26to eligible applicants that may be forced into foreclosure

 

 

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1proceedings.
2    Whenever the question of creating a Foreclosure Prevention
3Loan Fund is initiated by resolution or ordinance of the
4corporate authorities of the municipality or by a petition
5signed by not less than 10% of the total number of registered
6voters of each precinct in the territory, the registered
7voters of which are eligible to sign the petition, it shall be
8the duty of the election authority having jurisdiction over
9the municipality to submit the question of creating the
10program to the electors of each precinct within the territory
11at the regular election specified in the resolution,
12ordinance, or petition initiating the question. A petition
13initiating a question described in this subsection shall be
14filed with the election authority having jurisdiction over the
15municipality. The petition shall be filed and objections to
16the petition shall be made in the manner provided in the
17Election Code. A resolution, ordinance, or petition initiating
18a question described in this subsection shall specify the
19election at which the question is to be submitted. The
20referendum on the question shall be held in accordance with
21the Election Code. The question shall be in substantially the
22following form:
23    "Shall the (name of the home equity program) implement a
24Foreclosure Prevention Loan Fund with money from the guarantee
25fund of the established guaranteed home equity program?"
26    The votes must be recorded as "Yes" or "No".

 

 

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1    Whenever a majority of the voters on the public question
2approve the creation of a Foreclosure Prevention Loan Fund as
3certified by the proper election authorities, the commission
4shall establish the program and administer the program with
5funds collected under the Guaranteed Home Equity Program,
6subject to the following conditions:
7        (1) At any given time, the cumulative total of all
8    loans and loan guarantees (if applicable) issued under
9    this program may not exceed $3,000,000.
10        (2) Only eligible applicants may apply for a loan. The
11    Commission may establish, by resolution, additional
12    criteria for eligibility.
13        (3) The loan must be used to assist with preventing
14    foreclosure proceedings.
15        (4) An eligible applicant may not borrow more than the
16    amount of equity value in his or her residence.
17        (5) A commission must ensure that loans issued are
18    secured as a second lien on the property.
19        (6) A commission shall charge an interest rate which
20    it determines to be below the market rate of interest
21    generally available to the applicant.
22        (7) A commission may, by resolution, establish other
23    administrative rules and procedures as are necessary to
24    implement this program including, but not limited to,
25    eligibility requirements for eligible applicants, loan
26    dollar amounts, and loan terms.

 

 

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1        (8) A commission may also impose on loan applicants a
2    one-time application fee for the purpose of defraying the
3    costs of administering the program.
4    (d-10) The Northwest Home Equity Assurance Program may, if
5authorized (i) by referendum approved by a majority of the
6voters or (ii) by resolution of the governing commission upon
7approval by two-thirds of the commissioners, establish a
8Delinquent Tax Repayment Loan Fund to provide low-interest
9emergency loans to eligible applicants.
10    If the question of creating a Delinquent Tax Repayment
11Loan Fund is initiated by resolution or ordinance of the
12corporate authorities of the municipality or by a petition
13signed by not less than 10% of the total number of registered
14voters of each precinct in the territory, the registered
15voters of which are eligible to sign the petition, it shall be
16the duty of the election authority having jurisdiction over
17the municipality to submit the question of creating the
18program to the electors of each precinct within the territory
19at the regular election specified in the resolution,
20ordinance, or petition initiating the question. A resolution,
21ordinance, or petition initiating a question described in this
22subsection shall be filed with the election authority having
23jurisdiction over the municipality. The resolution, ordinance,
24or petition shall be filed and objections to the resolution,
25ordinance, or petition shall be made in the manner provided in
26the Election Code. A resolution, ordinance, or petition

 

 

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1initiating a question described in this subsection shall
2specify the election at which the question is to be submitted.
3The referendum on the question shall be held in accordance
4with the Election Code. The question shall be in substantially
5the following form:
6        "Shall the (name of the home equity program) implement
7    a Delinquent Tax Repayment Loan Fund with money from the
8    guarantee fund of the Northwest Home Equity Assurance
9    Program?"
10        The votes must be recorded as "Yes" or "No".
11    If a majority of the voters on the question approve the
12creation of a Delinquent Tax Repayment Loan Fund as certified
13by the proper election authorities or two-thirds of the
14commissioners, by resolution, approve the creation of a
15Delinquent Tax Repayment Loan Fund, the commission shall
16establish the program and administer the program with funds
17collected under the program, subject to the following
18conditions:
19        (1) At any given time, the cumulative total of all
20    loans and loan guarantees (if applicable) issued under
21    this program may not exceed $3,000,000.
22        (2) Only eligible applicants may apply for a loan. The
23    commission may establish, by resolution, additional
24    criteria for eligibility.
25        (3) The loan must be used to assist with repayment of
26    delinquent property taxes and for those facing imminent

 

 

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1    delinquency.
2        (4) An eligible applicant may not borrow more than the
3    amount due to the treasurer's office.
4        (5) A commission shall charge an interest rate which
5    it determines to be below the market rate of interest
6    generally available to the applicant.
7        (6) A commission may, by resolution, establish other
8    administrative rules and procedures as are necessary to
9    implement this program including, but not limited to,
10    eligibility requirements for eligible applicants, loan
11    dollar amounts, and loan terms.
12        (7) Where practicable, it shall be required that a
13    borrower obtain free housing counseling services prior to
14    applying to this tax program for the purpose of assisting
15    with budgeting and providing a recommendation as to
16    whether this client is suited for this program.
17        (8) A commission may also impose on loan applicants a
18    one-time application fee for the purpose of defraying the
19    costs of administering the program.
20    (e) The guarantee fund shall be maintained, invested, and
21expended exclusively by the governing commission of the
22program for whose purposes it was created. Under no
23circumstance shall the guarantee fund be used by any person or
24persons, governmental body, or public or private agency or
25concern other than the governing commission of the program for
26whose purposes it was created. Under no circumstances shall

 

 

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1the guarantee fund be commingled with other funds or
2investments.
3    (e-1) No commissioner or family member of a commissioner,
4or employee or family member of an employee, may receive any
5financial benefit, either directly or indirectly, from the
6guarantee fund. Nothing in this subsection (e-1) shall be
7construed to prohibit payment of expenses to a commissioner in
8accordance with Section 4 or payment of salaries or expenses
9to an employee in accordance with this Section.
10    As used in this subsection (e-1), "family member" means a
11spouse, child, stepchild, parent, brother, or sister of a
12commissioner or a child, stepchild, parent, brother, or sister
13of a commissioner's spouse.
14    (f) For fiscal years ending before January 1, 2028, an An
15independent audit of the guarantee fund and the management of
16the program shall be conducted annually and made available to
17the public through any office of the governing commission or a
18public facility such as a local public library located within
19the territory of the program.
20(Source: P.A. 102-599, eff. 1-1-22; 103-737, eff. 1-1-25.)
 
21    Section 900-50. The Airport Authorities Act is amended by
22changing Section 11 as follows:
 
23    (70 ILCS 5/11)  (from Ch. 15 1/2, par. 68.11)
24    Sec. 11. Records of authority and officers' bonds.

 

 

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1    (a) For fiscal years ending before January 1, 2028, the
2The Board shall provide for the proper and safe keeping of its
3permanent records and for the recording of the corporate
4action of the Authority. It shall keep a true and accurate
5account of its receipts and an annual audit shall be made of
6its books, records and accounts. All officers and employees
7authorized to receive or retain the custody of money or to sign
8vouchers, checks, warrants or evidences of indebtedness
9binding upon the Authority shall furnish surety bond for the
10faithful performance of their duties and the faithful
11accounting for all moneys that may come into their hands in an
12amount to be fixed and in a form to be approved by the Board.
13    (b) For fiscal years beginning after December 31, 2027,
14the Board shall provide for the proper and safe keeping of its
15permanent records and for the recording of the corporate
16action of the Authority. It shall keep a true and accurate
17account of its receipts and disbursements. All officers and
18employees authorized to receive or retain the custody of money
19or to sign vouchers, checks, warrants or evidences of
20indebtedness binding upon the Authority shall furnish surety
21bond for the faithful performance of their duties and the
22faithful accounting for all moneys that may come into their
23hands in an amount to be fixed and in a form to be approved by
24the Board.
25    (c) For fiscal years beginning after December 31, 2027,
26notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of the airport authority
2shall be subject to the Government Reporting Enhancement and
3Transparency Act.
4(Source: Laws 1945, p. 290.)
 
5    Section 900-55. The Interstate Airport Authorities Act is
6amended by changing Section 3 as follows:
 
7    (70 ILCS 10/3)  (from Ch. 15 1/2, par. 253)
8    Sec. 3. (a) A party state shall not be obligated to
9appropriate funds of the state for the development, support
10and maintenance of the airport authority. All revenue received
11from the air facility and the property, both real and
12personal, within the jurisdiction and control of the airport
13authority shall be applied to the maintenance and development
14of the air facility. All limitations upon expenditures, which
15may be an element of title to the real estate held by the
16airport authority, shall be observed.
17    (b) Revenue bonds to be retired exclusively from income
18received from the operation of the air facility may be issued
19by the airport authority and in the name of such authority in
20accordance with the laws of the state in which the air facility
21is located, which laws prescribe the terms and conditions for
22the issuance of revenue bonds by airport authorities.
23    (c) The airport authority may secure loans from private
24financing and offer as collateral those assets, real, personal

 

 

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1or mixed, not inconsistent with the laws of the state in which
2the airport is located.
3    (d) Each year on or before the first day of July, the
4airport authority shall prepare a budget of its estimated
5expenditures for the fiscal year beginning on the first day of
6January of the succeeding year and shall on or before the first
7of July submit a copy of said report to the various combining
8governmental units. The estimated expenditures shall be
9allocated and prorated equally between the various combining
10governmental units and a statement of the allocated amount
11shall be included in the copy of the budgetary report
12submitted to the combining governmental units. To provide
13funds to pay its share of the proposed expenditures, each
14combining governmental unit is authorized to annually levy a
15tax on property located within the governmental unit at a rate
16sufficient to raise funds to pay its prorated share of
17estimated expenditures. Said tax shall be levied and collected
18in the same manner as other property taxes are levied and
19collected by the governmental unit and in accordance with the
20tax laws of the state in which such unit is located. The money
21raised by the levying of such tax shall be appropriated and
22distributed to the airport authority by the governmental unit:
23Provided, That such funds so appropriated shall be used
24exclusively for the development and maintenance of the air
25facility.
26    (e) The airport authority may meet any of its obligations

 

 

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1in whole or in part with funds made available to it under the
2provisions of section 2 of this Act: Provided, That the
3airport authority takes specific action setting aside such
4funds prior to the incurring of any obligation to be met in
5whole or in part in this manner.
6    (f) The expenses and any other costs for each member of the
7airport authority shall be met by the airport authority in
8accordance with such standards and procedures as it may
9establish under its bylaws and rules and regulations.
10    (g) For fiscal years ending before January 1, 2028, the
11The airport authority shall be required to keep accurate
12record of all accounts of receipts and disbursements. The
13receipts and disbursements of the airport authority shall be
14subject to an annual audit, and accounting procedures
15established under its bylaws: Provided, That all receipts and
16disbursements of funds handled by the airport authority shall
17be audited by a qualified public accountant and the report of
18the audit shall be incorporated into and become a part of the
19annual report of the airport authority.
20    (h) The accounts of the airport authority shall be open to
21inspection by the general public at any reasonable time.
22    (i) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of the airport authority
25shall be subject to the Government Reporting Enhancement and
26Transparency Act.

 

 

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1(Source: Laws 1963, P. 2121.)
 
2    Section 900-60. The Cemetery Maintenance District Act is
3amended by changing Section 5 as follows:
 
4    (70 ILCS 105/5)  (from Ch. 21, par. 64.24e)
5    Sec. 5. Report and financial statement.
6    (a) The trustees shall exercise all of the powers and
7control all the affairs of such district. The board of
8trustees, immediately after their appointment and at their
9first meeting in May of each year thereafter, shall elect one
10of their number as president and one of their number as
11secretary. The board shall prescribe the duties and fix the
12compensation of all of the officers and employees of the
13cemetery maintenance district; but no member of the board of
14trustees shall receive a sum to exceed $50.00 per annum. The
15board of trustees shall have full power to pass all necessary
16ordinances, rules and regulations for the proper management
17and conduct of the business of the cemetery maintenance
18district for carrying into effect the objects for which the
19district was formed.
20    (b) The board of trustees may incur indebtedness on behalf
21of the district not to exceed $50,000 in the aggregate for the
22purpose of acquiring land for grave sites. The indebtedness
23shall be evidenced by a promissory note of the district
24requiring repayment in full no more than 20 years after the

 

 

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1date the indebtedness is incurred. The board of trustees may
2give a mortgage on the land acquired to secure the
3indebtedness.
4    (c) The board of trustees may accept gifts on behalf of the
5district. The gifts may be in any form, from any source, and
6for any legal purpose.
7    (d) The board of trustees shall keep a true and accurate
8account of its receipts and disbursements.
9    (e) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of the Board shall be
12subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: P.A. 86-144; 86-396.)
 
15    Section 900-65. The Civic Center Code is amended by
16changing Sections 2-135, 15-40, 20-70, 30-35, 50-35, 55-60,
17100-55, 110-35, 125-50, 155-65, 175-30, 185-55, 190-55,
18195-35, 200-65, 205-105, 250-40, 255-130, and 280-90 as
19follows:
 
20    (70 ILCS 200/2-135)
21    Sec. 2-135. Report and financial statement.
22    (a) For fiscal years ending before January 1, 2028, as As
23soon after the end of each fiscal year as may be expedient, the
24Board shall cause to be prepared and printed a complete and

 

 

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1detailed report and financial statement of its operations and
2of its assets and liabilities. A reasonably sufficient number
3of copies of such report shall be printed for distribution to
4persons interested upon request and a copy thereof shall be
5filed with the county clerk and the appointing officers.
6    (b) For fiscal years ending before January 1, 2028,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the Board shall be
9subject to the Governmental Account Audit Act.
10    (c) For fiscal years beginning after December 31, 2027,
11notwithstanding any other provision of law to the contrary,
12the operations and fiscal activities of the Board shall be
13subject to the Government Reporting Enhancement and
14Transparency Act.
15(Source: P.A. 90-328, eff. 1-1-98.)
 
16    (70 ILCS 200/15-40)
17    Sec. 15-40. Standard civic center provisions incorporated
18by reference. The following Sections of this Code are
19incorporated by reference into this Article:
20    Section 2-3. Purpose.
21    Section 2-5. Definitions.
22    Section 2-10. Lawsuits; common seal.
23    Section 2-15. Duties; auditorium, recreational, and other
24buildings; lease of space.
25    Section 2-20. Rights and powers, including eminent domain.

 

 

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1    Section 2-25. Incurring obligations.
2    Section 2-30. Prompt payment.
3    Section 2-35. Acquisition of property from person, State,
4or local agency.
5    Section 2-40. Federal money.
6    Section 2-45. Insurance.
7    Section 2-50. Borrowing; revenue bonds; suits to compel
8performance.
9    Section 2-55. Bonds; nature of indebtedness.
10    Section 2-60. Investment in bonds.
11    Section 2-75. Board members; financial matters; conflict
12of interest.
13    Section 2-80. Board members' oath.
14    Section 2-85. Board members; vacancy in office.
15    Section 2-90. Organization of the Board.
16    Section 2-95. Meetings; action by 5 Board members.
17    Section 2-100. Secretary; treasurer.
18    Section 2-105. Funds.
19    Section 2-110. Signatures on checks or drafts.
20    Section 2-115. General manager; other appointments.
21    Section 2-122. Rules and regulations; penalties.
22    Section 2-125. Contracts; award to other than highest or
23lowest bidder by vote of 5 Board members.
24    Section 2-130. Bids and advertisements.
25    Section 2-135. Report and financial statement.
26    Section 2-140. State financial support.

 

 

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1    Section 2-145. Anti-trust laws.
2    Section 2-150. Tax exemption.
3(Source: P.A. 90-328, eff. 1-1-98.)
 
4    (70 ILCS 200/20-70)
5    Sec. 20-70. Standard civic center provisions incorporated
6by reference. The following Sections of this Code are
7incorporated by reference into this Article:
8    Section 2-3. Purpose.
9    Section 2-5. Definitions.
10    Section 2-10. Lawsuits; common seal.
11    Section 2-25. Incurring obligations.
12    Section 2-30. Prompt payment.
13    Section 2-35. Acquisition of property from person, State,
14or local agency.
15    Section 2-45. Insurance.
16    Section 2-60. Investment in bonds.
17    Section 2-76. Board members; financial matters;
18compensation for secretary or treasurer; conflict of interest.
19    Section 2-80. Board members' oath.
20    Section 2-83. Removal of Board member from office.
21    Section 2-85. Board members; vacancy in office.
22    Section 2-97. Board meetings; public records.
23    Section 2-101. Secretary; treasurer; funds deposited in
24bank or savings and loan association.
25    Section 2-110. Signatures on checks or drafts.

 

 

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1    Section 2-115. General manager; other appointments.
2    Section 2-120. Ordinances, rules, and regulations; fines
3and penalties.
4    Section 2-128. Contracts; award to other than highest or
5lowest bidder by three-fourths vote.
6    Section 2-130. Bids and advertisements.
7    Section 2-132. Bidders; civil action to compel compliance.
8    Section 2-135. Report and financial statement.
9    Section 2-140. State financial support.
10    Section 2-145. Anti-trust laws.
11    Section 2-150. Tax exemption.
12(Source: P.A. 90-328, eff. 1-1-98.)
 
13    (70 ILCS 200/30-35)
14    Sec. 30-35. Standard civic center provisions incorporated
15by reference. The following Sections of this Code are
16incorporated by reference into this Article:
17    Section 2-5. Definitions.
18    Section 2-10. Lawsuits; common seal.
19    Section 2-17. Duties; auditorium and other buildings.
20    Section 2-21. Rights and powers.
21    Section 2-25. Incurring obligations.
22    Section 2-30. Prompt payment.
23    Section 2-36. Acquisition of property from person or
24governmental agency.
25    Section 2-40. Federal money.

 

 

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1    Section 2-45. Insurance.
2    Section 2-51. Borrowing; revenue bonds; mandamus or other
3actions to compel performance.
4    Section 2-75. Board members; financial matters; conflict
5of interest.
6    Section 2-90. Organization of the Board.
7    Section 2-95. Meetings; action by 5 Board members.
8    Section 2-101. Secretary; treasurer; funds deposited in
9bank or savings and loan association.
10    Section 2-106. Funds; compliance with Public Funds
11Investment Act.
12    Section 2-110. Signatures on checks or drafts.
13    Section 2-115. General manager; other appointments.
14    Section 2-120. Ordinances, rules, and regulations; fines
15and penalties.
16    Section 2-127. Contracts; award to other than highest or
17lowest bidder by four-fifths vote.
18    Section 2-130. Bids and advertisements.
19    Section 2-135. Report and financial statement.
20    Section 2-140. State financial support.
21    Section 2-145. Anti-trust laws.
22    Section 2-150. Tax exemption.
23(Source: P.A. 90-328, eff. 1-1-98.)
 
24    (70 ILCS 200/50-35)
25    Sec. 50-35. Standard civic center provisions incorporated

 

 

HB5391 Engrossed- 239 -LRB104 18487 RTM 31929 b

1by reference. The following Sections of this Code are
2incorporated by reference into this Article:
3    Section 2-5. Definitions.
4    Section 2-10. Lawsuits; common seal.
5    Section 2-17. Duties; auditorium and other buildings.
6    Section 2-21. Rights and powers.
7    Section 2-25. Incurring obligations.
8    Section 2-30. Prompt payment.
9    Section 2-36. Acquisition of property from person or
10governmental agency.
11    Section 2-40. Federal money.
12    Section 2-45. Insurance.
13    Section 2-76. Board members; financial matters;
14compensation for secretary or treasurer; conflict of interest.
15    Section 2-80. Board members' oath.
16    Section 2-83. Removal of Board member from office.
17    Section 2-85. Board members; vacancy in office.
18    Section 2-90. Organization of the Board.
19    Section 2-95. Meetings; action by 5 Board members.
20    Section 2-101. Secretary; treasurer; funds deposited in
21bank or savings and loan association.
22    Section 2-106. Funds; compliance with Public Funds
23Investment Act.
24    Section 2-110. Signatures on checks or drafts.
25    Section 2-115. General manager; other appointments.
26    Section 2-120. Ordinances, rules, and regulations; fines

 

 

HB5391 Engrossed- 240 -LRB104 18487 RTM 31929 b

1and penalties.
2    Section 2-127. Contracts; award to other than highest or
3lowest bidder by four-fifths vote.
4    Section 2-130. Bids and advertisements.
5    Section 2-135. Report and financial statement.
6    Section 2-140. State financial support.
7    Section 2-145. Anti-trust laws.
8    Section 2-150. Tax exemption.
9(Source: P.A. 90-328, eff. 1-1-98.)
 
10    (70 ILCS 200/55-60)
11    Sec. 55-60. Standard civic center provisions incorporated
12by reference. The following Sections of this Code are
13incorporated by reference into this Article:
14    Section 2-3. Purpose.
15    Section 2-5. Definitions.
16    Section 2-10. Lawsuits; common seal.
17    Section 2-15. Duties; auditorium, recreational, and other
18buildings; lease of space.
19    Section 2-20. Rights and powers, including eminent domain.
20    Section 2-25. Incurring obligations.
21    Section 2-30. Prompt payment.
22    Section 2-35. Acquisition of property from person, State,
23or local agency.
24    Section 2-40. Federal money.
25    Section 2-45. Insurance.

 

 

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1    Section 2-50. Borrowing; revenue bonds; suits to compel
2performance.
3    Section 2-55. Bonds; nature of indebtedness.
4    Section 2-60. Investment in bonds.
5    Section 2-75. Board members; financial matters; conflict
6of interest.
7    Section 2-80. Board members' oath.
8    Section 2-97. Board meetings; public records.
9    Section 2-100. Secretary; treasurer.
10    Section 2-105. Funds.
11    Section 2-110. Signatures on checks or drafts.
12    Section 2-115. General manager; other appointments.
13    Section 2-122. Rules and regulations; penalties.
14    Section 2-130. Bids and advertisements.
15    Section 2-135. Report and financial statement.
16    Section 2-140. State financial support.
17    Section 2-145. Anti-trust laws.
18    Section 2-150. Tax exemption.
19(Source: P.A. 90-328, eff. 1-1-98.)
 
20    (70 ILCS 200/100-55)
21    Sec. 100-55. Standard civic center provisions incorporated
22by reference. The following Sections of this Code are
23incorporated by reference into this Article:
24    Section 2-5. Definitions.
25    Section 2-10. Lawsuits; common seal.

 

 

HB5391 Engrossed- 242 -LRB104 18487 RTM 31929 b

1    Section 2-17. Duties; auditorium and other buildings.
2    Section 2-21. Rights and powers.
3    Section 2-25. Incurring obligations.
4    Section 2-30. Prompt payment.
5    Section 2-36. Acquisition of property from person or
6governmental agency.
7    Section 2-40. Federal money.
8    Section 2-45. Insurance.
9    Section 2-75. Board members; financial matters; conflict
10of interest.
11    Section 2-80. Board members' oath.
12    Section 2-83. Removal of Board member from office.
13    Section 2-85. Board members; vacancy in office.
14    Section 2-90. Organization of the Board.
15    Section 2-95. Meetings; action by 5 Board members.
16    Section 2-101. Secretary; treasurer; funds deposited in
17bank or savings and loan association.
18    Section 2-106. Funds; compliance with Public Funds
19Investment Act.
20    Section 2-110. Signatures on checks or drafts.
21    Section 2-115. General manager; other appointments.
22    Section 2-120. Ordinances, rules, and regulations; fines
23and penalties.
24    Section 2-127. Contracts; award to other than highest or
25lowest bidder by four-fifths vote.
26    Section 2-130. Bids and advertisements.

 

 

HB5391 Engrossed- 243 -LRB104 18487 RTM 31929 b

1    Section 2-135. Report and financial statement.
2    Section 2-140. State financial support.
3    Section 2-145. Anti-trust laws.
4    Section 2-150. Tax exemption.
5(Source: P.A. 90-328, eff. 1-1-98.)
 
6    (70 ILCS 200/110-35)
7    Sec. 110-35. Standard civic center provisions incorporated
8by reference. The following Sections of this Code are
9incorporated by reference into this Article:
10    Section 2-3. Purpose.
11    Section 2-5. Definitions.
12    Section 2-10. Lawsuits; common seal.
13    Section 2-15. Duties; auditorium, recreational, and other
14buildings; lease of space.
15    Section 2-20. Rights and powers, including eminent domain.
16    Section 2-25. Incurring obligations.
17    Section 2-30. Prompt payment.
18    Section 2-35. Acquisition of property from person, State,
19or local agency.
20    Section 2-40. Federal money.
21    Section 2-45. Insurance.
22    Section 2-50. Borrowing; revenue bonds; suits to compel
23performance.
24    Section 2-55. Bonds; nature of indebtedness.
25    Section 2-60. Investment in bonds.

 

 

HB5391 Engrossed- 244 -LRB104 18487 RTM 31929 b

1    Section 2-75. Board members; financial matters; conflict
2of interest.
3    Section 2-80. Board members' oath.
4    Section 2-85. Board members; vacancy in office.
5    Section 2-90. Organization of the Board.
6    Section 2-95. Meetings; action by 5 Board members.
7    Section 2-100. Secretary; treasurer.
8    Section 2-105. Funds.
9    Section 2-110. Signatures on checks or drafts.
10    Section 2-115. General manager; other appointments.
11    Section 2-122. Rules and regulations; penalties.
12    Section 2-125. Contracts; award to other than highest or
13lowest bidder by vote of 5 Board members.
14    Section 2-130. Bids and advertisements.
15    Section 2-132. Bidders; civil action to compel compliance.
16    Section 2-135. Report and financial statement.
17    Section 2-140. State financial support.
18    Section 2-145. Anti-trust laws.
19    Section 2-150. Tax exemption.
20(Source: P.A. 90-328, eff. 1-1-98.)
 
21    (70 ILCS 200/125-50)
22    Sec. 125-50. Standard civic center provisions incorporated
23by reference. The following Sections of this Code are
24incorporated by reference into this Article:
25    Section 2-5. Definitions.

 

 

HB5391 Engrossed- 245 -LRB104 18487 RTM 31929 b

1    Section 2-10. Lawsuits; common seal.
2    Section 2-16. Duties; auditorium and other buildings;
3lease of space.
4    Section 2-25. Incurring obligations.
5    Section 2-35. Acquisition of property from person, State,
6or local agency.
7    Section 2-40. Federal money.
8    Section 2-45. Insurance.
9    Section 2-60. Investment in bonds.
10    Section 2-76. Board members; financial matters;
11compensation for secretary or treasurer; conflict of interest.
12    Section 2-80. Board members' oath.
13    Section 2-83. Removal of Board member from office.
14    Section 2-85. Board members; vacancy in office.
15    Section 2-90. Organization of the Board.
16    Section 2-95. Meetings; action by 5 Board members.
17    Section 2-101. Secretary; treasurer; funds deposited in
18bank or savings and loan association.
19    Section 2-106. Funds; compliance with Public Funds
20Investment Act.
21    Section 2-110. Signatures on checks or drafts.
22    Section 2-115. General manager; other appointments.
23    Section 2-120. Ordinances, rules, and regulations; fines
24and penalties.
25    Section 2-127. Contracts; award to other than highest or
26lowest bidder by four-fifths vote.

 

 

HB5391 Engrossed- 246 -LRB104 18487 RTM 31929 b

1    Section 2-130. Bids and advertisements.
2    Section 2-135. Report and financial statement.
3    Section 2-140. State financial support.
4    Section 2-145. Anti-trust laws.
5    Section 2-150. Tax exemption.
6(Source: P.A. 90-328, eff. 1-1-98.)
 
7    (70 ILCS 200/155-65)
8    Sec. 155-65. Standard civic center provisions incorporated
9by reference. The following Sections of this Code are
10incorporated by reference into this Article:
11    Section 2-5. Definitions.
12    Section 2-10. Lawsuits; common seal.
13    Section 2-17. Duties; auditorium and other buildings.
14    Section 2-25. Incurring obligations.
15    Section 2-30. Prompt payment.
16    Section 2-40. Federal money.
17    Section 2-45. Insurance.
18    Section 2-75. Board members; financial matters; conflict
19of interest.
20    Section 2-90. Organization of the Board.
21    Section 2-96. Meetings; action by 4 Board members.
22    Section 2-101. Secretary; treasurer; funds deposited in
23bank or savings and loan association.
24    Section 2-106. Funds; compliance with Public Funds
25Investment Act.

 

 

HB5391 Engrossed- 247 -LRB104 18487 RTM 31929 b

1    Section 2-110. Signatures on checks or drafts.
2    Section 2-115. General manager; other appointments.
3    Section 2-120. Ordinances, rules, and regulations; fines
4and penalties.
5    Section 2-130. Bids and advertisements.
6    Section 2-135. Report and financial statement.
7    Section 2-145. Anti-trust laws.
8    Section 2-150. Tax exemption.
9(Source: P.A. 90-328, eff. 1-1-98.)
 
10    (70 ILCS 200/175-30)
11    Sec. 175-30. Standard civic center provisions incorporated
12by reference. The following Sections of this Code are
13incorporated by reference into this Article:
14    Section 2-5. Definitions.
15    Section 2-10. Lawsuits; common seal.
16    Section 2-17. Duties; auditorium and other buildings.
17    Section 2-21. Rights and powers.
18    Section 2-25. Incurring obligations.
19    Section 2-36. Acquisition of property from person or
20governmental agency.
21    Section 2-40. Federal money.
22    Section 2-45. Insurance.
23    Section 2-51. Borrowing; revenue bonds; mandamus or other
24actions to compel performance.
25    Section 2-75. Board members; financial matters; conflict

 

 

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1of interest.
2    Section 2-80. Board members' oath.
3    Section 2-83. Removal of Board member from office.
4    Section 2-85. Board members; vacancy in office.
5    Section 2-90. Organization of the Board.
6    Section 2-96. Meetings; action by 4 Board members.
7    Section 2-101. Secretary; treasurer; funds deposited in
8bank or savings and loan association.
9    Section 2-106. Funds; compliance with Public Funds
10Investment Act.
11    Section 2-110. Signatures on checks or drafts.
12    Section 2-115. General manager; other appointments.
13    Section 2-120. Ordinances, rules, and regulations; fines
14and penalties.
15    Section 2-127. Contracts; award to other than highest or
16lowest bidder by four-fifths vote.
17    Section 2-130. Bids and advertisements.
18    Section 2-135. Report and financial statement.
19    Section 2-140. State financial support.
20    Section 2-145. Anti-trust laws.
21    Section 2-150. Tax exemption.
22(Source: P.A. 90-328, eff. 1-1-98.)
 
23    (70 ILCS 200/185-55)
24    Sec. 185-55. Standard civic center provisions incorporated
25by reference. The following Sections of this Code are

 

 

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1incorporated by reference into this Article:
2    Section 2-5. Definitions.
3    Section 2-10. Lawsuits; common seal.
4    Section 2-16. Duties; auditorium and other buildings;
5lease of space.
6    Section 2-25. Incurring obligations.
7    Section 2-35. Acquisition of property from person, State,
8or local agency.
9    Section 2-40. Federal money.
10    Section 2-45. Insurance.
11    Section 2-60. Investment in bonds.
12    Section 2-76. Board members; financial matters;
13compensation for secretary or treasurer; conflict of interest.
14    Section 2-80. Board members' oath.
15    Section 2-83. Removal of Board member from office.
16    Section 2-85. Board members; vacancy in office.
17    Section 2-90. Organization of the Board.
18    Section 2-95. Meetings; action by 5 Board members.
19    Section 2-101. Secretary; treasurer; funds deposited in
20bank or savings and loan association.
21    Section 2-106. Funds; compliance with Public Funds
22Investment Act.
23    Section 2-110. Signatures on checks or drafts.
24    Section 2-115. General manager; other appointments.
25    Section 2-120. Ordinances, rules, and regulations; fines
26and penalties.

 

 

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1    Section 2-127. Contracts; award to other than highest or
2lowest bidder by four-fifths vote.
3    Section 2-130. Bids and advertisements.
4    Section 2-135. Report and financial statement.
5    Section 2-140. State financial support.
6    Section 2-145. Anti-trust laws.
7    Section 2-150. Tax exemption.
8(Source: P.A. 90-328, eff. 1-1-98.)
 
9    (70 ILCS 200/190-55)
10    Sec. 190-55. Standard civic center provisions incorporated
11by reference. The following Sections of this Code are
12incorporated by reference into this Article:
13    Section 2-5. Definitions.
14    Section 2-10. Lawsuits; common seal.
15    Section 2-17. Duties; auditorium and other buildings.
16    Section 2-21. Rights and powers.
17    Section 2-25. Incurring obligations.
18    Section 2-30. Prompt payment.
19    Section 2-36. Acquisition of property from person or
20governmental agency.
21    Section 2-40. Federal money.
22    Section 2-45. Insurance.
23    Section 2-51. Borrowing; revenue bonds; mandamus or other
24actions to compel performance.
25    Section 2-75. Board members; financial matters; conflict

 

 

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1of interest.
2    Section 2-80. Board members' oath.
3    Section 2-83. Removal of Board member from office.
4    Section 2-85. Board members; vacancy in office.
5    Section 2-90. Organization of the Board.
6    Section 2-96. Meetings; action by 4 Board members.
7    Section 2-101. Secretary; treasurer; funds deposited in
8bank or savings and loan association.
9    Section 2-106. Funds; compliance with Public Funds
10Investment Act.
11    Section 2-110. Signatures on checks or drafts.
12    Section 2-120. Ordinances, rules, and regulations; fines
13and penalties.
14    Section 2-127. Contracts; award to other than highest or
15lowest bidder by four-fifths vote.
16    Section 2-130. Bids and advertisements.
17    Section 2-135. Report and financial statement.
18    Section 2-140. State financial support.
19    Section 2-145. Anti-trust laws.
20    Section 2-150. Tax exemption.
21(Source: P.A. 90-328, eff. 1-1-98.)
 
22    (70 ILCS 200/195-35)
23    Sec. 195-35. Standard civic center provisions incorporated
24by reference. The following Sections of this Code are
25incorporated by reference into this Article:

 

 

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1    Section 2-3. Purpose.
2    Section 2-5. Definitions.
3    Section 2-10. Lawsuits; common seal.
4    Section 2-15. Duties; auditorium, recreational, and other
5buildings; lease of space.
6    Section 2-20. Rights and powers, including eminent domain.
7    Section 2-25. Incurring obligations.
8    Section 2-30. Prompt payment.
9    Section 2-35. Acquisition of property from person, State,
10or local agency.
11    Section 2-40. Federal money.
12    Section 2-45. Insurance.
13    Section 2-50. Borrowing; revenue bonds; suits to compel
14performance.
15    Section 2-55. Bonds; nature of indebtedness.
16    Section 2-60. Investment in bonds.
17    Section 2-75. Board members; financial matters; conflict
18of interest.
19    Section 2-80. Board members' oath.
20    Section 2-85. Board members; vacancy in office.
21    Section 2-90. Organization of the Board.
22    Section 2-95. Meetings; action by 5 Board members.
23    Section 2-100. Secretary; treasurer.
24    Section 2-105. Funds.
25    Section 2-110. Signatures on checks or drafts.
26    Section 2-115. General manager; other appointments.

 

 

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1    Section 2-122. Rules and regulations; penalties.
2    Section 2-125. Contracts; award to other than highest or
3lowest bidder by vote of 5 Board members.
4    Section 2-130. Bids and advertisements.
5    Section 2-132. Bidders; civil action to compel compliance.
6    Section 2-135. Report and financial statement.
7    Section 2-140. State financial support.
8    Section 2-145. Anti-trust laws.
9    Section 2-150. Tax exemption.
10(Source: P.A. 90-328, eff. 1-1-98.)
 
11    (70 ILCS 200/200-65)
12    Sec. 200-65. Standard civic center provisions incorporated
13by reference. The following Sections of this Code are
14incorporated by reference into this Article:
15    Section 2-5. Definitions.
16    Section 2-10. Lawsuits; common seal.
17    Section 2-16. Duties; auditorium and other buildings;
18lease of space.
19    Section 2-25. Incurring obligations.
20    Section 2-30. Prompt payment.
21    Section 2-35. Acquisition of property from person, State,
22or local agency.
23    Section 2-40. Federal money.
24    Section 2-45. Insurance.
25    Section 2-50. Borrowing; revenue bonds; suits to compel

 

 

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1performance.
2    Section 2-60. Investment in bonds.
3    Section 2-76. Board members; financial matters;
4compensation for secretary or treasurer; conflict of interest.
5    Section 2-80. Board members' oath.
6    Section 2-83. Removal of Board member from office.
7    Section 2-85. Board members; vacancy in office.
8    Section 2-90. Organization of the Board.
9    Section 2-100. Secretary; treasurer.
10    Section 2-105. Funds.
11    Section 2-110. Signatures on checks or drafts.
12    Section 2-115. General manager; other appointments.
13    Section 2-120. Ordinances, rules, and regulations; fines
14and penalties.
15    Section 2-130. Bids and advertisements.
16    Section 2-135. Report and financial statement.
17    Section 2-140. State financial support.
18    Section 2-145. Anti-trust laws.
19    Section 2-150. Tax exemption.
20(Source: P.A. 90-328, eff. 1-1-98.)
 
21    (70 ILCS 200/205-105)
22    Sec. 205-105. Standard civic center provisions
23incorporated by reference. The following Sections of this Code
24are incorporated by reference into this Article:
25    Section 2-5. Definitions.

 

 

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1    Section 2-10. Lawsuits; common seal.
2    Section 2-45. Insurance.
3    Section 2-135. Report and financial statement.
4    Section 2-140. State financial support.
5    Section 2-145. Anti-trust laws.
6    Section 2-150. Tax exemption.
7(Source: P.A. 90-328, eff. 1-1-98.)
 
8    (70 ILCS 200/250-40)
9    Sec. 250-40. Standard civic center provisions incorporated
10by reference. The following Sections of this Code are
11incorporated by reference into this Article:
12    Section 2-5. Definitions.
13    Section 2-10. Lawsuits; common seal.
14    Section 2-17. Duties; auditorium and other buildings.
15    Section 2-21. Rights and powers.
16    Section 2-25. Incurring obligations.
17    Section 2-36. Acquisition of property from person or
18governmental agency.
19    Section 2-40. Federal money.
20    Section 2-45. Insurance.
21    Section 2-51. Borrowing; revenue bonds; mandamus or other
22actions to compel performance.
23    Section 2-75. Board members; financial matters; conflict
24of interest.
25    Section 2-80. Board members' oath.

 

 

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1    Section 2-83. Removal of Board member from office.
2    Section 2-85. Board members; vacancy in office.
3    Section 2-90. Organization of the Board.
4    Section 2-96. Meetings; action by 4 Board members.
5    Section 2-101. Secretary; treasurer; funds deposited in
6bank or savings and loan association.
7    Section 2-106. Funds; compliance with Public Funds
8Investment Act.
9    Section 2-110. Signatures on checks or drafts.
10    Section 2-115. General manager; other appointments.
11    Section 2-120. Ordinances, rules, and regulations; fines
12and penalties.
13    Section 2-127. Contracts; award to other than highest or
14lowest bidder by four-fifths vote.
15    Section 2-130. Bids and advertisements.
16    Section 2-135. Report and financial statement.
17    Section 2-140. State financial support.
18    Section 2-145. Anti-trust laws.
19    Section 2-150. Tax exemption.
20(Source: P.A. 90-328, eff. 1-1-98.)
 
21    (70 ILCS 200/255-130)
22    Sec. 255-130. Standard civic center provisions
23incorporated by reference. The following Sections of this Code
24are incorporated by reference into this Article:
25    Section 2-5. Definitions.

 

 

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1    Section 2-10. Lawsuits; common seal.
2    Section 2-25. Incurring obligations.
3    Section 2-30. Prompt payment.
4    Section 2-35. Acquisition of property from person, State,
5or local agency.
6    Section 2-45. Insurance.
7    Section 2-60. Investment in bonds.
8    Section 2-76. Board members; financial matters;
9compensation for secretary or treasurer; conflict of interest.
10    Section 2-101. Secretary; treasurer; funds deposited in
11bank or savings and loan association.
12    Section 2-110. Signatures on checks or drafts.
13    Section 2-115. General manager; other appointments.
14    Section 2-120. Ordinances, rules, and regulations; fines
15and penalties.
16    Section 2-128. Contracts; award to other than highest or
17lowest bidder by three-fourths vote.
18    Section 2-130. Bids and advertisements.
19    Section 2-135. Report and financial statement.
20    Section 2-140. State financial support.
21    Section 2-145. Anti-trust laws.
22    Section 2-150. Tax exemption.
23    Section 2-155. Partial invalidity.
24(Source: P.A. 90-328, eff. 1-1-98.)
 
25    (70 ILCS 200/280-90)

 

 

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1    Sec. 280-90. Standard civic center provisions incorporated
2by reference. The following Sections of this Code are
3incorporated by reference into this Article:
4    Section 2-3. Purpose.
5    Section 2-5. Definitions.
6    Section 2-10. Lawsuits; common seal.
7    Section 2-25. Incurring obligations.
8    Section 2-30. Prompt payment.
9    Section 2-35. Acquisition of property from person, State,
10or local agency.
11    Section 2-45. Insurance.
12    Section 2-60. Investment in bonds.
13    Section 2-76. Board members; financial matters;
14compensation for secretary or treasurer; conflict of interest.
15    Section 2-80. Board members' oath.
16    Section 2-101. Secretary; treasurer; funds deposited in
17bank or savings and loan association.
18    Section 2-110. Signatures on checks or drafts.
19    Section 2-115. General manager; other appointments.
20    Section 2-120. Ordinances, rules, and regulations; fines
21and penalties.
22    Section 2-130. Bids and advertisements.
23    Section 2-132. Bidders; civil action to compel compliance.
24    Section 2-135. Report and financial statement.
25    Section 2-140. State financial support.
26    Section 2-145. Anti-trust laws.

 

 

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1    Section 2-150. Tax exemption.
2(Source: P.A. 90-328, eff. 1-1-98.)
 
3    (70 ILCS 200/15-35 rep.)
4    (70 ILCS 200/20-65 rep.)
5    (70 ILCS 200/30-30 rep.)
6    (70 ILCS 200/50-30 rep.)
7    (70 ILCS 200/55-55 rep.)
8    (70 ILCS 200/100-50 rep.)
9    (70 ILCS 200/110-30 rep.)
10    (70 ILCS 200/125-45 rep.)
11    (70 ILCS 200/155-60 rep.)
12    (70 ILCS 200/175-25 rep.)
13    (70 ILCS 200/185-50 rep.)
14    (70 ILCS 200/190-50 rep.)
15    (70 ILCS 200/195-30 rep.)
16    (70 ILCS 200/200-60 rep.)
17    (70 ILCS 200/205-85 rep.)
18    (70 ILCS 200/250-35 rep.)
19    (70 ILCS 200/255-110 rep.)
20    (70 ILCS 200/280-85 rep.)
21    Section 900-70. The Civic Center Code is amended by
22repealing Sections 15-35, 20-65, 30-30, 50-30, 55-55, 100-50,
23110-30, 125-45, 155-60, 175-25, 185-50, 190-50, 195-30,
24200-60, 205-85, 250-35, 255-110, and 280-85.
 

 

 

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1    Section 900-75. The Metropolitan Pier and Exposition
2Authority Act is amended by changing Section 26 as follows:
 
3    (70 ILCS 210/26)  (from Ch. 85, par. 1246)
4    Sec. 26. Government Reporting Enhancement and Transparency
5Act.
6    (a) For fiscal years ending before January 1, 2028, as As
7soon after the end of each fiscal year as may be expedient, the
8Board shall cause to be prepared and printed a complete and
9detailed report and financial statement of its operations and
10of its assets and liabilities. A reasonably sufficient number
11of copies of such report shall be printed for distribution to
12persons interested, upon request, and a copy thereof shall be
13filed with the Governor, the Mayor, the General Assembly and
14the Park District President. Within 6 months after the
15effective date of this amendatory Act of 1985, or as soon
16thereafter as is possible, the Authority shall adopt an
17accounting system which shall not be implemented until it has
18been approved by the Auditor General as appropriate for the
19Authority's operations.
20    (b) With respect to construction by the Authority funded
21in whole or in part with State or borrowed funds, including the
22Project, the Authority shall prepare a monthly report of the
23progress of construction. The report shall include a
24discussion of: (1) the status of construction; (2) delays or
25anticipated delays in the completion of the construction; (3)

 

 

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1cost overruns; (4) funds available for construction and the
2current construction budget; (5) the status of the
3implementation of the Authority's affirmative action program
4by contractor, trade and levels of skill; and (6) any
5problems, or anticipated problems, with respect to
6construction or costs of construction. The monthly reports
7required by this Section shall be submitted to the Governor,
8the Mayor and the General Assembly.
9    In connection with any construction by the Authority
10funded in whole or in part by State or borrowed funds,
11including the Project, the Authority will, when such
12construction is to be done by a general contractor or a
13construction manager operating in a general contractor
14capacity, institute a quality assurance program, including
15independent quality control inspections. The Authority will
16file not less frequently than quarterly written reports on the
17results of its quality assurance program with the Governor,
18the Mayor and the General Assembly.
19    (c) For fiscal years beginning after December 31, 2027,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of the Authority shall be
22subject to the Government Reporting Enhancement and
23Transparency Act.
24(Source: P.A. 84-1027.)
 
25    Section 900-80. The Soil and Water Conservation Districts

 

 

HB5391 Engrossed- 262 -LRB104 18487 RTM 31929 b

1Act is amended by changing Section 7 as follows:
 
2    (70 ILCS 405/7)  (from Ch. 5, par. 112)
3    Sec. 7. Employees and assistance of other agencies.
4    (a) Subject to the provisions of the "Personnel Code"
5enacted by the 69th General Assembly, the Department may
6employ an administrative officer, technical experts and such
7other agents and employees, permanent and temporary, as it may
8require. The Department may call upon the Attorney General of
9the State for such legal services as it may require. The
10Department shall require surety bonds for all its officers and
11employees who are entrusted with funds or property under this
12Act and shall provide for an annual audit of their accounts for
13fiscal years ending before January 1, 2028. The Department may
14establish and provide suitable office accommodations and the
15necessary supplies and equipment.
16    (b) Upon request of the Department, for the purpose of
17carrying out any of its functions, the supervising officer of
18any State agency, or of any State institution of learning
19shall, in so far as may be possible under available
20appropriations, and having due regard to the needs of the
21agency to which the request is directed, assign or detail to
22the Department members of the staff or personnel of such
23agency or institution of learning and make such special
24reports, surveys or studies as the Department may request.
25    (c) For fiscal years beginning after December 31, 2027,

 

 

HB5391 Engrossed- 263 -LRB104 18487 RTM 31929 b

1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the Board shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: Laws 1955, p. 2146.)
 
6    Section 900-85. The Conservation District Act is amended
7by changing Sections 6 and 15.6 as follows:
 
8    (70 ILCS 410/6)  (from Ch. 96 1/2, par. 7106)
9    Sec. 6. Officers and employees.
10    (a) As soon as possible after the initial election or the
11initial appointments, as the case may be, the trustees shall
12organize by selecting from their members a president,
13secretary, treasurer, and other officers as are deemed
14necessary, who shall hold office for 2 years in the case of an
15elected board, or the fiscal year in which elected in the case
16of an appointed board, and until their successors are selected
17and qualify. Three trustees shall constitute a quorum of the
18board for the transaction of business if the district has 5
19trustees. If the district has 7 trustees, 4 trustees shall
20constitute a quorum of the board for the transaction of
21business. The board shall hold regular monthly meetings.
22Special meetings may be called by the president and shall be
23called on the request of a majority of members, as may be
24required.

 

 

HB5391 Engrossed- 264 -LRB104 18487 RTM 31929 b

1    (b) The board shall provide for the proper and safe
2keeping of its permanent records and for the recording of the
3corporate action of the district. It shall keep a proper
4system of accounts showing a true and accurate record of its
5receipts and disbursements, and it shall cause an annual audit
6to be made of its books, records, and accounts for fiscal years
7ending before January 1, 2028.
8    (c) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of the board shall be
11subject to the Government Reporting Enhancement and
12Transparency Act.
13    (d) The records of the district shall be subject to public
14inspection at all reasonable hours and under regulations as
15the board may prescribe.
16    (e) The district shall annually make a full and complete
17report to the county board of each county within the district
18and to the Department of Natural Resources of its transactions
19and operations for the preceding year. The report shall
20contain a full statement of its receipts, disbursements, and
21the program of work for the period covered, and may include
22recommendations as may be deemed advisable.
23    (f) Executive or ministerial duties may be delegated to
24one or more trustees or to an authorized officer, employee,
25agent, attorney, or other representative of the district.
26    (g) All officers and employees authorized to receive or

 

 

HB5391 Engrossed- 265 -LRB104 18487 RTM 31929 b

1retain the custody of money or to sign vouchers, checks,
2warrants, or evidences of indebtedness binding upon the
3district shall furnish surety bond for the faithful
4performance of their duties and the faithful accounting for
5all moneys that may come into their hands in an amount to be
6fixed and in a form to be approved by the board.
7    (h) All contracts for supplies, material, or work
8involving an expenditure in excess of $60,000 for supplies or
9materials and $30,000 for work, or a lower amount for any
10contract for supplies, material, or work if required by board
11policy, shall be let to the lowest responsible bidder, after
12due advertisement, excepting work requiring personal
13confidence or necessary supplies under the control of
14monopolies, where competitive bidding is impossible, or as
15otherwise provided in the Forest Preserve District and
16Conservation District Design-Build Authorization Act. All
17contracts for supplies, material, or work shall be signed by
18the president of the board and by any other officer as the
19board in its discretion may designate.
20(Source: P.A. 104-114, eff. 8-1-25.)
 
21    (70 ILCS 410/15.6)  (from Ch. 96 1/2, par. 7122)
22    Sec. 15.6. Revenue and audits.
23    (a) All revenue derived from the operation of such
24facility or facilities constructed, equipped, extended or
25improved in whole or in part with the proceeds of any bonds

 

 

HB5391 Engrossed- 266 -LRB104 18487 RTM 31929 b

1issued under Sections 15.2 through 15.9 of this Act for the
2construction, equipping, extension, or improvement of such
3facility or facilities shall be deposited in a separate fund.
4Each fund shall be used only for paying the cost of operation
5and maintenance of the recreational facility or facilities or
6any combination thereof constructed, equipped, extended or
7improved in whole or in part with the proceeds of such bonds so
8issued for such facility or facilities, and for paying the
9principal of and interest on the bonds so issued and creating
10the accounts provided for by the ordinance authorizing their
11issuance.
12    (b) The district shall install and maintain a proper
13system of account for each fund, showing the amount received
14and disbursed from the operation of such facility or
15facilities.
16    (c) For fiscal years ending before January 1, 2028, at At
17least once each year the district shall have such accounts for
18bonds properly audited, and the report of this audit shall be
19open to the public for inspection at all times.
20    (d) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of the Board shall be
23subject to the Government Reporting Enhancement and
24Transparency Act.
25(Source: P.A. 77-1330.)
 

 

 

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1    Section 900-90. The Illinois Drainage Code is amended by
2changing Section 4-32 and by adding Section 4-50 as follows:
 
3    (70 ILCS 605/4-32)  (from Ch. 42, par. 4-32)
4    Sec. 4-32. Financial Reports of Commissioners. On or
5before the last day of November in each year, and more often if
6the court so requires, the commissioners shall make a report,
7under oath, to the court, showing the amount of money
8collected by the district since the last preceding report and
9the manner in which the funds of the district at the beginning
10and the end of the period reported have been expended during
11that period. Such report shall also contain an itemized
12statement of the notes, bonds and orders, if any, outstanding
13and unpaid at the close of the report period and the balance on
14hand in the treasury of the district. Upon the filing of the
15report with the clerk of the court, the same shall be presented
16to the court, and the clerk of the court shall give notice of
17the date on or before which objections must be filed by
18publishing a notice thereof in a newspaper of general
19circulation in the county in which the district was organized.
20Any owner of land within the district may file an objection to
21the report with the clerk of the court within 10 days after the
22publication of the notice. If any objections are filed within
23the time prescribed, the court shall set a hearing at a time
24not later than 4 weeks after the date of the filing of the
25report. If no objection to the report is filed, the court may

 

 

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1approve the report without a hearing. At a hearing on the
2report the court shall hear evidence on any and all objections
3which may be urged against the report and evidence in support
4thereof and may continue the hearing to a day certain or from
5time to time. At the conclusion of a hearing, the court may
6approve the report, disapprove the report or order the report
7modified or amended. Upon the approval of a report, the same
8shall be recorded in the drainage record. Copies of any the
9financial reports covering any portion of the period since the
10last annual meeting of the district report shall be available
11at the annual meeting of the district under Section 4-12 of
12this Code.
13(Source: P.A. 86-129; 86-297; 86-1028.)
 
14    (70 ILCS 605/4-50 new)
15    Sec. 4-50. Government Reporting Enhancement and
16Transparency Act.
17    (a) For fiscal years ending before January 1, 2028,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the district shall be
20subject to the Governmental Account Audit Act.
21    (b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the district shall be
24subject to the Government Reporting Enhancement and
25Transparency Act.
 

 

 

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1    Section 900-95. The Fire Protection District Act is
2amended by changing Sections 6.1, 11a, and 11i as follows:
 
3    (70 ILCS 705/6.1)  (from Ch. 127 1/2, par. 26.1)
4    Sec. 6.1. Government Reporting Enhancement and
5Transparency Act.
6    (a) For fiscal years ending before January 1, 2028, when
7When an audit is required under the Governmental Account Audit
8Act, the trustees of the Fire Protection District created
9under this Act shall employ a person licensed to practice
10public accounting under the laws of this State to annually
11audit the district's financial statements of all accounts,
12funds, and other moneys in the care, custody, or control of the
13trustees. The audit shall be conducted in accordance with
14Generally Accepted Auditing Standards and in accordance with
15the Governmental Account Audit Act. A fire protection district
16receiving revenues of less than $850,000 for the fiscal year
17shall prepare the financial report required by Section 3 of
18the Governmental Account Audit Act. In addition to any other
19filing requirements, the audit report or financial report
20shall be filed with the county clerk of the county in which the
21Fire Protection District was organized as a public record and
22a copy thereof shall be filed with the secretary of the
23district as part of its corporate records.
24    (b) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of a fire protection
3district created under this Act shall be subject to the
4Government Reporting Enhancement and Transparency Act.
5(Source: P.A. 93-126, eff. 1-1-04.)
 
6    (70 ILCS 705/11a)  (from Ch. 127 1/2, par. 31a)
7    Sec. 11a. (a) 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
17board of trustees may also contract for the installation,
18rental or use of fire hydrants within the fire protection
19district and for the furnishing of water to be used within such
20district for fire protection purposes, and for mutual aid from
21and to other fire protection districts, and for mutual aid
22from and to corporations and associations organized to furnish
23fire protection service and for mutual aid from and to
24municipalities.
25    (b) For fiscal years ending before January 1, 2028, when

 

 

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1When the Board of Trustees of a Fire Protection District
2purchases fire protection services from an organization
3(specifically including without limitation a city, village,
4incorporated town, or adjacent fire protection district) that
5is required to be audited by "An Act in relation to audits of
6the accounts of certain governmental units and to repeal an
7Act therein named", approved May 10, 1967, or by The Illinois
8Municipal Auditing Law, the scope of the audit of the
9organization providing the fire protection services shall be
10expanded to require the licensed public accountant performing
11the audit to specifically report on compliance with the terms
12of the contract as it relates to financial matters, including
13but not limited to the amount charged to the purchasing Fire
14Protection District. To the extent possible, the financial
15statements of the providing organization shall segregate
16accounts relating to fire protection service transactions and
17present them as a separate fund or as a separate department
18within a fund. A copy of the providing organization audit
19report shall be furnished to the purchasing Fire Protection
20District within 6 months after the close of the fiscal year of
21the organization providing the fire protection services.
22    (c) For fiscal years ending before January 1, 2028, when
23When the Board of Trustees of a Fire Protection District
24purchases fire protection services from an organization
25(specifically including without limitation a not-for-profit
26corporation or a for-profit corporation or association) that

 

 

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

 

 

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1report, the organization providing the fire protection
2services shall publish excerpts from the audit report that
3relate to fire protection service operations in accordance
4with Section 7 of this Act. When fire protection services are
5rendered in more than one geographic area, publication or
6distribution should be made in each geographic area served.
7(Source: P.A. 86-216; 86-1023.)
 
8    (70 ILCS 705/11i)
9    Sec. 11i. Department foreign fire insurance board.
10    (a) A department foreign fire insurance board shall exist
11within the fire department of each fire protection district
12that has an organized fire department, employs full-time
13firefighters, and is subject to a collective bargaining
14agreement.
15    (b) The board shall consist of 7 trustees; the fire chief,
16who shall hold office by virtue of rank, and 6 members, who
17shall be elected at large by the sworn members of the
18department. If there are an insufficient number of candidates
19to fill all these positions, the number of board members may be
20reduced, but not to fewer than 3 trustees. All sworn members of
21the department shall be eligible to vote for and be elected as
22officers of the board.
23    (c) The members of the board shall annually elect
24officers. These officers shall be a chairman and a treasurer.
25    (d) The trustees of the board shall make rules with

 

 

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1respect to the board and the management of the money to be
2appropriated to the board.
3    (e) The treasurer of the board shall give a sufficient
4bond to the board of trustees of the fire protection district,
5conditioned upon the faithful performance by the treasurer of
6his or her duties under this Section. This bond must be
7approved by the board of trustees of the fire protection
8district.
9    (f) The officers of the department foreign fire insurance
10board shall develop and maintain a listing of those items that
11the board feels are appropriate expenditures under this
12Section. The officers shall make rules concerning the board
13and the management of the money appropriated to the board.
14    (g) All of the money paid to the secretary of the fire
15protection district under Section 11-10-1 of the Illinois
16Municipal Code (65 ILCS 5/11-10-1) shall be set apart and
17shall be appropriated annually by the board of trustees of the
18fire protection district to the department foreign fire
19insurance board.
20    (h) The treasurer of the department foreign fire insurance
21board shall receive the appropriated money and shall pay out
22the money upon the order of the board for the maintenance, use,
23and benefit of the department. For fiscal years ending before
24January 1, 2028, as As part of the fire protection district's
25annual audit, these funds shall be audited to verify that the
26funds have been expended by the board only for the

 

 

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1maintenance, use, and benefit of the department.
2(Source: P.A. 96-505, eff. 8-14-09.)
 
3    Section 900-100. The Flood Prevention District Act is
4amended by changing Section 35 as follows:
 
5    (70 ILCS 750/35)
6    Sec. 35. Financial audit of the District.
7    (a) For fiscal years ending before January 1, 2028, a A
8financial audit of the District shall be conducted annually by
9a certified public accountant (CPA) that is licensed at the
10time of the audit by the Illinois Department of Financial and
11Professional Regulation. The CPA shall meet all of the general
12standards concerning qualifications, independence, due
13professional care, and quality control as required by the
14Government Auditing Standards, 1994 Revision, Chapter 3,
15including the requirements for continuing professional
16education and external peer review. The financial audit is to
17be performed in accordance with generally accepted auditing
18standards issued by the American Institute of Certified Public
19Accountants (AICPA) for field work and reporting, generally
20accepted government auditing standards (GAGAS) and AICPA
21Statements on Auditing Standards (SAS) current at the time the
22audit is commenced. The audit shall be made publicly available
23and sent to the county board chairman of the county in which
24the district is situated and to the Illinois Secretary of

 

 

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1State.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of the District created
5under this Act shall be subject to the Government Reporting
6Enhancement and Transparency Act.
7(Source: P.A. 95-719, eff. 5-21-08; 95-723, eff. 6-23-08.)
 
8    Section 900-105. The Beardstown Regional Flood Prevention
9District Act is amended by changing Section 30 as follows:
 
10    (70 ILCS 755/30)
11    Sec. 30. Financial audit of the district.
12    (a) For fiscal years ending before January 1, 2028, a A
13financial audit of the district shall be conducted annually by
14a certified public accountant (CPA) that is licensed at the
15time of the audit by the Illinois Department of Financial and
16Professional Regulation. The CPA shall meet all of the general
17standards concerning qualifications, independence, due
18professional care, and quality control as required by the
19Government Auditing Standards, 1994 Revision, Chapter 3,
20including the requirements for continuing professional
21education and external peer review. The financial audit is to
22be performed in accordance with generally accepted auditing
23standards issued by the American Institute of Certified Public
24Accountants (AICPA) for field work and reporting, generally

 

 

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1accepted government auditing standards (GAGAS), and AICPA
2Statements on Auditing Standards (SAS) current at the time the
3audit is commenced. The audit shall be made publicly available
4and sent to the county board chairperson and to the Secretary
5of State.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the District created
9under this Act shall be subject to the Government Reporting
10Enhancement and Transparency Act.
11(Source: P.A. 97-309, eff. 8-11-11.)
 
12    Section 900-110. The Downstate Forest Preserve District
13Act is amended by changing Sections 13.3, 13.7, and 18.5 as
14follows:
 
15    (70 ILCS 805/13.3)  (from Ch. 96 1/2, par. 6326)
16    Sec. 13.3. (a) The board of each forest preserve district
17organized under this Act shall fix a fiscal year for the
18district. The board shall, within or before the first quarter
19of each fiscal year, adopt an annual appropriation ordinance
20appropriating such sums of money as may be required to defray
21all necessary expenses and liabilities of the district to be
22paid or incurred during the fiscal year.
23    (b) The failure of the board to adopt an annual
24appropriation ordinance or to otherwise comply with the

 

 

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1provisions of this Section shall not affect the validity of
2any tax levy of the forest preserve district. The annual
3appropriation ordinance for any fiscal year need not be
4intended or required to be in support of or in relation to any
5tax levy made during that fiscal year.
6    (c) For fiscal years ending before January 1, 2028,
7nothing Nothing in this Act shall be construed as requiring
8any forest preserve district to change or as preventing any
9forest preserve district from changing from a cash basis of
10financing to a surplus or deficit basis of financing, or as
11requiring any forest preserve district to change or as
12preventing any forest preserve district from changing its
13system of accounting.
14    (d) Any forest preserve district that determines to change
15its fiscal year may adopt an annual appropriation ordinance
16for a transition period of more or less than 12 months as may
17be necessary to effect such change, and appropriations made
18for such transition period shall terminate with the close of
19such period.
20    (e) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of any conservancy
23district organized under this Act created under this Act shall
24be subject to the Government Reporting Enhancement and
25Transparency Act.
26(Source: P.A. 85-1165.)
 

 

 

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1    (70 ILCS 805/13.7)
2    Sec. 13.7. Endowment Fund.
3    (a) Each forest preserve district may create, maintain,
4and increase a separate fund to be known as the "Endowment
5Fund" to pay all costs and expenses incurred or anticipated by
6the forest preserve district for the long-term maintenance and
7improvement of forest preserve facilities and lands, and for
8the future purchase of real property. Only one "Endowment
9Fund" may be created by a forest preserve district, but the
10fund may provide for the collection, maintenance, investment,
11and expenditure of monies for more than one purpose. All
12revenues deposited in the Endowment Fund shall be designated
13by purpose and appropriated and expended for the purpose for
14which it was designated. No appropriation in the Endowment
15Fund shall lapse, and the monies received and designated for a
16specific purpose shall not become part of the general funds of
17the district or considered an asset available for
18appropriation for another purpose in a subsequent year unless
19the purpose for which the monies were originally appropriated
20has been completed. Revenues deposited in the Endowment Fund
21must come from private sources, whether received before, on,
22or after the effective date of this amendatory Act of 1995. No
23revenues shall come from any Federal, State, or local
24government source, except for those received as a result of
25agreements obligating the district to the long-term

 

 

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1maintenance of improvements constructed on district lands. For
2fiscal years ending before January 1, 2028, the The Fund shall
3be audited annually by a licensed certified public accountant.
4    (b) For fiscal years beginning after December 31, 2027, if
5the Endowment Fund is a separate legal entity from the forest
6preserve district, notwithstanding any other provision of law
7to the contrary, the operations and fiscal activities of the
8Endowment Fund shall be subject to the Government Reporting
9Enhancement and Transparency Act.
10(Source: P.A. 89-119, eff. 7-7-95.)
 
11    (70 ILCS 805/18.5)  (from Ch. 96 1/2, par. 6339)
12    Sec. 18.5. All revenue derived from the operation of such
13facility or facilities constructed, equipped, acquired,
14extended or improved in whole or in part with the proceeds of
15any bonds issued under Sections 18.1 through 18.10 of this Act
16for the construction, equipping, acquisition, extension, or
17improvement of such facility or facilities shall be deposited
18in a separate fund. Each fund shall be used only for paying the
19cost of operation and maintenance of the recreational facility
20or facilities or any combination thereof constructed,
21equipped, acquired, extended or improved in whole or in part
22with the proceeds of such bonds so issued for such facility or
23facilities, and for paying the principal of and interest on
24the bonds so issued and creating the accounts provided for by
25the ordinance authorizing their issuance.

 

 

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1    Such forest preserve district shall install and maintain a
2proper system of account for each fund, showing the amount
3received and disbursed from the operation of such facility or
4facilities. For fiscal years ending before January 1, 2028, at
5At least once each year, such district shall have such
6accounts for bonds properly audited, and the report of this
7audit shall be open to the public for inspection at all times.
8(Source: Laws 1968, p. 228.)
 
9    Section 900-115. The Cook County Forest Preserve District
10Act is amended by changing Sections 24 and 35 as follows:
 
11    (70 ILCS 810/24)  (from Ch. 96 1/2, par. 6427)
12    Sec. 24. Government Reporting Enhancement and Transparency
13Act.
14    (a) The fiscal year of each forest preserve district
15subject to this Act shall extend from January 1, until
16December 31. The forest preserve district shall, before the
17commencement or within 60 days after the commencement of each
18fiscal year, adopt an annual appropriation ordinance, which
19shall appropriate sums of money required to defray all
20necessary expenses and liabilities of the district to be paid
21or incurred during that fiscal year. Transfers from one
22appropriation of any one fund to another of the same fund, not
23affecting the total amount appropriated, may be made at any
24meeting of the Board.

 

 

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1    (b) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of each forest preserve
4district created under this Act shall be subject to the
5Government Reporting Enhancement and Transparency Act.
6(Source: P.A. 87-1191.)
 
7    (70 ILCS 810/35)  (from Ch. 96 1/2, par. 6438)
8    Sec. 35. All revenue derived from the operation of such
9facility or facilities constructed, equipped, acquired,
10extended or improved in whole or in part with the proceeds of
11any bonds issued under Sections 31 through 39 of this Act for
12the construction, equipping, acquisition, extension, or
13improvement of such facility or facilities shall be deposited
14in a separate fund. Each fund shall be used only for paying the
15cost of operation and maintenance of the recreational facility
16or facilities or any combination thereof constructed,
17equipped, acquired, extended or improved in whole or in part
18with the proceeds of such bonds so issued for such facility or
19facilities, and for paying the principal of and interest on
20the bonds so issued and creating the accounts provided for by
21the ordinance authorizing their issuance.
22    Such forest preserve district shall install and maintain a
23proper system of account for each fund, showing the amount
24received and disbursed from the operation of such facility or
25facilities. For fiscal years ending before January 1, 2028, at

 

 

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1At least once each year, such district shall have such
2accounts for bonds properly audited, and the report of this
3audit shall be open to the public for inspection at all times.
4(Source: P.A. 80-320.)
 
5    Section 900-120. The Public Health District Act is amended
6by changing Sections 15 and 18 and by adding Section 16 as
7follows:
 
8    (70 ILCS 905/15)  (from Ch. 111 1/2, par. 15)
9    Sec. 15. Each board of health shall:
10    1. Hold an annual meeting in April of each year, at which
11meeting officers shall be elected for the ensuing year;
12    2. Hold meetings at least quarterly;
13    3. Hold special meetings upon a written request signed by
142 members and filed with the Secretary;
15    4. Levy, annually, subject to Section 21 in addition to
16all other taxes which are now or hereafter may be authorized to
17be levied on the aggregate valuation of all property within
18the public health district, a special "public health tax", not
19to exceed .1% of the value, as equalized or assessed by the
20Department of Revenue, of all taxable property embraced within
21such public health district, according to the valuation of the
22same as made for the purpose of State and county taxation,
23which shall form, when collected, a fund to be known as the
24"public health fund", (i) except that the tax authorized by

 

 

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1this subsection 4 may be levied at a rate over .1% but not to
2exceed .15%, not subject to Section 21 of this Act, if the
3board of health by resolution initiates a referendum to be
4held in accordance with the general election law and the
5question of authorizing a rate not to exceed .15% is approved
6by a majority of the electors voting on the question, and (ii)
7further except, if a public health district is situated within
8any county or multiple-county health department for whose
9benefit a tax is levied under "An Act in relation to the
10establishment and maintenance of county and multiple-county
11public health departments", approved July 9, 1943, as amended,
12the county clerk shall reduce and abate from the tax levied by
13the authority of this Act a rate which would produce an amount
14equal to the amount of the tax accruing to the public health
15district under the above-named Act. In any public health
16district in which a health department was established by a
17referendum prior to January 1, 1970, the board of health may,
18by a resolution adopted by at least a three-fifths vote and
19without subsequent referendum, levy a tax at a rate not to
20exceed the rate set forth above;
21    5. Appoint a medical health officer as the executive
22officer of the board of health, who shall be a citizen of the
23United States or has made declaration of intention to become a
24citizen, who shall possess such qualifications as may be
25prescribed by the State Department of Public Health, or
26appoint a Public Health Administrator who shall possess such

 

 

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1qualifications as may be prescribed by the State Department of
2Public Health as executive officer of the board of health,
3provided that the board of health shall make available medical
4supervision which is considered adequate by the Director of
5the Department of Public Health;
6    6. Appoint, upon the advice and approval of the executive
7officer, professional and technical personnel who meet the
8qualifications established by the State Department of Public
9Health and such clerical and other personnel as the executive
10officer deems necessary;
11    7. Fix the compensation of the medical health officer or
12administrator;
13    8. Provide, equip and maintain suitable offices,
14facilities and appliances for the health officer or
15administrator and his staff;
16    9. If determined necessary by the board of health,
17establish, equip and maintain an analytical biological and
18research laboratory;
19    10. Pay, from the "public health fund", the salary of the
20medical health officer or administrator and the salaries of
21all appointees and employees and the expenses of maintenance
22of the public health department, including therein the expense
23of administering the sanitation and health laws and
24ordinances;
25    11. Consult with other private and public health agencies
26in the district on the development of local plans for the most

 

 

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1efficient performance of health services;
2    12. Acquire, hold, lease and sell, in the name of the
3public health district, real estate and personal property;
4    13. Receive contributions of money or property and charge
5fees for health services;
6    14. Publish, annually, on or soon after the second Tuesday
7in April, in pamphlet form, for free distribution, an annual
8report showing the condition of their trust on April 1, of that
9year, the sums of money received from taxation and from other
10sources, giving the name of the donor, how all moneys have been
11expended and for what purpose, and such other statistics and
12information in regard to the work of the health department as
13they deem of general interest for fiscal years ending before
14January 1, 2028.
15(Source: P.A. 86-338.)
 
16    (70 ILCS 905/16 new)
17    Sec. 16. Government Reporting Enhancement and Transparency
18Act.
19    (a) For fiscal years ending before January 1, 2028,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of each public health
22district shall be subject to the Governmental Account Audit
23Act.
24    (b) For fiscal years beginning after December 31, 2027,
25notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each public health
2district shall be subject to the Government Reporting
3Enhancement and Transparency Act.
 
4    Section 900-125. The Hospital District Law is amended by
5changing Section 18 as follows:
 
6    (70 ILCS 910/18)  (from Ch. 23, par. 1268)
7    Sec. 18. Government Reporting Enhancement and Transparency
8Act.
9    (a) The Board shall provide for the proper and safe
10keeping of its permanent records and for the recording of the
11corporate action of the District. It shall keep a true and
12accurate account of its receipts and an annual audit shall be
13made of its books, records and accounts for fiscal years
14ending before January 1, 2028. All officers and employees
15authorized to receive or retain the custody of money or to sign
16vouchers, checks, warrants or evidences of indebtedness
17binding upon the District shall furnish surety bond for the
18faithful performance of their duties and the faithful
19accounting for all moneys that may come into their hands in an
20amount to be fixed and in a form to be approved by the board.
21    (b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the District shall be
24subject to the Government Reporting Enhancement and

 

 

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1Transparency Act.
2(Source: Laws 1949, p. 361.)
 
3    Section 900-130. The Mosquito Abatement District Act is
4amended by adding Section 9.3 as follows:
 
5    (70 ILCS 1005/9.3 new)
6    Sec. 9.3. Government Reporting Enhancement and
7Transparency Act.
8    (a) For fiscal years ending before January 1, 2028,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of each district shall be
11subject to the Governmental Account Audit Act.
12    (b) For fiscal years beginning after December 31, 2027,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of each district shall be
15subject to the Government Reporting Enhancement and
16Transparency Act.
 
17    Section 900-135. The Museum District Act is amended by
18changing Section 20 as follows:
 
19    (70 ILCS 1105/20)  (from Ch. 85, par. 6820)
20    Sec. 20. Fiscal year and appropriation ordinances.
21    (a) The board shall fix a fiscal year for the district. The
22board shall, within or before the first quarter of each fiscal

 

 

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1year, adopt an annual appropriation ordinance appropriating
2the sums of money that will be required to defray all necessary
3expenses and liabilities of the district to be paid or
4incurred during the fiscal year.
5    (b) The failure of the board to adopt an annual
6appropriation ordinance or to otherwise comply with the
7provisions of this Section shall not affect the validity of
8any tax levy of the district. The annual appropriation
9ordinance for any fiscal year need not be intended or required
10to be in support of or in relation to any tax levy made during
11that fiscal year.
12    (c) A district that determines to change its fiscal year
13may adopt an appropriation ordinance for a transition period
14of more or less than 12 months as may be necessary to effect
15the change. Appropriations made for the transition period
16shall end with the close of the transition period.
17    (d) For fiscal years ending before January 1, 2028,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the district shall be
20subject to the Governmental Account Audit Act.
21    (e) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the district shall be
24subject to the Government Reporting Enhancement and
25Transparency Act.
26(Source: P.A. 86-477.)
 

 

 

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1    Section 900-140. The Park District Code is amended by
2changing Sections 9-1d, 9.1-5, 9.2-5, and 9.3-5 and by adding
3Sections 2-29 and 8-58 as follows:
 
4    (70 ILCS 1205/2-29 new)
5    Sec. 2-29. Government Reporting Enhancement and
6Transparency Act.
7    (a) For fiscal years ending before January 1, 2028,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of each district shall be
10subject to the Governmental Account Audit Act.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of each district shall be
14subject to the Government Reporting Enhancement and
15Transparency Act.
 
16    (70 ILCS 1205/8-58 new)
17    Sec. 8-58. Government Reporting Enhancement and
18Transparency Act.
19    (a) For fiscal years ending before January 1, 2028,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of the River Valley
22Special Recreation Association shall be subject to the
23Governmental Account Audit Act.

 

 

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1    (b) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the River Valley
4Special Recreation Association shall be subject to the
5Government Reporting Enhancement and Transparency Act.
 
6    (70 ILCS 1205/9-1d)  (from Ch. 105, par. 9-1d)
7    Sec. 9-1d. Each park district which issues bonds and
8constructs a swimming pool, or an artificial ice skating rink,
9under Section 9-1 hereof shall charge for the use thereof at a
10rate which at all times is sufficient to pay maintenance and
11operation cost, depreciation, and the principal and interest
12on the bonds. Such district may make, enact, and enforce all
13needful rules and regulations for the construction,
14acquisition, improvement, extension, management, maintenance,
15care and protection of its swimming pool, or its artificial
16ice skating rink, and for the use thereof. Charges or rates for
17the use of the swimming pool, or the artificial ice skating
18rink, shall be such as the board may from time to time
19determine.
20    While any bond issued under Section 9-1 hereof is
21outstanding, such district is required to maintain and operate
22its swimming pool, or its artificial ice skating rink, as long
23as it can do so, out of the revenue derived from the operation
24thereof. It shall not sell, loan, mortgage, or in any other
25manner dispose of the swimming pool, or the artificial ice

 

 

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1skating rink, until all of the bonds so issued have been paid
2in full, both principal and interest, or until provision has
3been made for the payment of all of the bonds and interest
4thereon in full. Nothing in this paragraph shall, however,
5prohibit any park district from leasing any such swimming pool
6or artificial ice skating rink to any municipality, school
7district, or other unit of local government, or from entering
8into any other agreement with any municipality, school
9district, or other unit of local government by which lease or
10other agreement such swimming pool or artificial ice skating
11rink may be operated and/or used in whole or in part by or for
12such municipality, school district or other unit of local
13government, where such lease or other agreement is not
14prohibited by the terms of such revenue bonds or the ordinance
15of the park district authorizing them and where the revenues
16of the park district derived from such lease or other
17agreement are deposited in the fund required by Section 9-1c
18hereof in connection with such revenue bonds.
19    Such a park district shall install and maintain a proper
20system of accounts, showing the amount of revenue received
21from the operation of its swimming pool, or its artificial ice
22skating rink. For fiscal years ending before January 1, 2028,
23at At least once each year, the district shall have the
24accounts properly audited. A report of this audit shall be
25open for public inspection at all times.
26(Source: P.A. 79-356.)
 

 

 

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1    (70 ILCS 1205/9.1-5)  (from Ch. 105, par. 9.1-5)
2    Sec. 9.1-5. Each park district which issues bonds and
3acquires or constructs, or extends or improves a golf course
4and facilities shall charge for the use thereof at a rate which
5at all times is sufficient to pay maintenance and operation
6costs, depreciation, and the principal and interest on the
7bonds. Such district may make, enact, and enforce all needful
8rules and regulations for the construction, acquisition,
9improvement, extension, management, maintenance, care and
10protection of its golf course and for the use thereof. Charges
11or rates for the use of the golf course or courses shall be
12such as the board may from time to time determine.
13    While any bond issued under Section 9.1-1 of this Article
14is outstanding such district is required to maintain and
15operate its golf course or courses, as long as it can do so,
16out of the revenue derived from the operation thereof. It
17shall not sell, lease, loan, mortgage, or in any other manner
18dispose of the golf course or courses until all of the bonds so
19issued have been paid in full, both principal and interest, or
20until provision has been made for the payment of all of the
21bonds and interest thereon in full. Nothing in this Section
22prohibits any park district from leasing any such golf course
23and facilities to any school district, municipality, or other
24unit of local government, or from entering into any other
25agreement with any school district, municipality, or other

 

 

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1unit of local government by which lease or other agreement
2such golf course and facilities may be operated or used in
3whole or in part by or for such school district, municipality,
4or other unit of local government, where such lease or other
5agreement is not prohibited by the terms of such revenue bonds
6or the ordinance of the park district authorizing them and
7where the revenues of the park district derived from such
8lease or other agreement are deposited in the fund required by
9Section 9.1-4 of this Act in connection with such revenue
10bonds.
11    Such a park district shall install and maintain a proper
12system of accounts, showing the amount of revenue received
13from the operation of its golf course. For fiscal years ending
14before January 1, 2028, at At least once each year, the
15district shall have the accounts properly audited. A report of
16this audit shall be open for public inspection at all times.
17(Source: P.A. 79-1423.)
 
18    (70 ILCS 1205/9.2-5)  (from Ch. 105, par. 9.2-5)
19    Sec. 9.2-5. Each park district which issues bonds and
20acquires or constructs or extends or improves indoor or
21outdoor tennis courts, handball, racquetball, or squash
22courts, or zoos and facilities shall charge for the use
23thereof at a rate which at all times is sufficient to pay
24maintenance and operation costs, depreciation, and the
25principal and interest on the bonds. Such district may make,

 

 

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1enact and enforce all needful rules and regulations for the
2construction, acquisition, improvement, extension,
3management, maintenance, care and protection of its courts or
4zoo and for the use thereof. Charges or rates for the use of
5the courts or zoo facilities shall be such as the board may
6from time to time determine.
7    While any bond issued under Section 9.2-1 of this Article
8is outstanding such district is required to maintain and
9operate its tennis, handball, racquetball, or squash courts or
10zoo facilities as long as it can do so, out of the revenue
11derived from the operation thereof. It shall not sell, lease,
12loan, mortgage or in any other manner dispose of the courts or
13zoo facilities until all of the bonds so issued have been paid
14in full, both principal and interest, or until provision has
15been made for the payment of all the bonds and interest thereon
16in full. Nothing in this Section prohibits any park district
17from leasing any such indoor or outdoor tennis courts,
18handball, racquetball, or squash courts, or zoos and
19facilities to any school district, municipality, or other unit
20of local government or from entering into any other agreement
21with any school district, municipality, or other unit of local
22government by which lease or other agreement such indoor or
23outdoor tennis courts, handball, racquetball, or squash
24courts, or zoos and facilities may be operated or used in whole
25or in part by or for such school district, municipality, or
26other unit of local government, where such lease or other

 

 

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1agreement is not prohibited by the terms of such revenue bonds
2or the ordinance of the park district authorizing them and
3where the revenues of the park district derived from such
4lease or other agreement are deposited in the fund required by
5Section 9.2-4 of this Act in connection with such revenue
6bonds.
7    Such a park district shall install and maintain a proper
8system of accounts, showing the amount of revenue received
9from the operation of its tennis, handball, racquetball, or
10squash courts or zoo. For fiscal years ending before January
111, 2028, at At least once each year, the district shall have
12the accounts properly audited. A report of this audit shall be
13open for public inspection at all times.
14(Source: P.A. 79-1423.)
 
15    (70 ILCS 1205/9.3-5)  (from Ch. 105, par. 9.3-5)
16    Sec. 9.3-5. Each park district which issues bonds and
17acquires or constructs, extends or improves indoor or outdoor
18recreational facilities under the provisions of this Article
19shall charge for the use thereof at a rate which at all times
20is sufficient to pay maintenance and operation costs,
21depreciation, and the principal and interest on the bonds.
22Such district may make, enact and enforce all needful rules
23and regulations for the construction, acquisition,
24improvements, extension, management, maintenance, care and
25protection of the facility and for the use thereof. Charges or

 

 

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1rates for the use of the facility shall be such as the board
2may from time to time determine.
3    While any bond issued under Section 9.3-1 is outstanding
4such district is required to maintain and operate the facility
5as long as it can do so, out of the revenue derived from the
6operation thereof. It shall not sell, lease, loan, mortgage or
7in any other manner dispose of the facility or facilities
8until all of the bonds so issued have been paid in full, both
9principal and interest, or until provision has been made for
10the payment of all of the bonds and interest thereon in full.
11    Such park district shall install and maintain a proper
12system of accounts, showing the amount of revenue received
13from the operation of the facility. For fiscal years ending
14before January 1, 2028, at At least once each year, the
15district shall have the accounts properly audited. A report of
16this audit shall be open for public inspection at all times.
17(Source: P.A. 78-1256.)
 
18    Section 900-145. The Chicago Park District Act is amended
19by changing Section 26.10-3 as follows:
 
20    (70 ILCS 1505/26.10-3)  (from Ch. 105, par. 333.23u-3)
21    Sec. 26.10-3. Government Reporting Enhancement and
22Transparency Act.
23    (a) For fiscal years ending before January 1, 2028, as As
24soon after the end of each fiscal year as may be expedient, the

 

 

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1commissioners shall cause to be prepared and printed a
2complete and detailed report and financial statement of the
3district's operations and of the district's assets and
4liabilities. A reasonably sufficient number of copies of such
5report shall be delivered to the appropriate committee of the
6Chicago City Council.
7    (b) For fiscal years beginning after December 31, 2027,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of the district shall be
10subject to the Government Reporting Enhancement and
11Transparency Act.
12(Source: P.A. 85-1411.)
 
13    Section 900-150. The Metro-East Park and Recreation
14District Act is amended by changing Section 45 as follows:
 
15    (70 ILCS 1605/45)
16    Sec. 45. Report.
17    (a) For fiscal years ending before January 1, 2028, the
18The board shall, by the end of the District's fiscal year,
19submit a financial report to the State Comptroller.
20    (b) For fiscal years ending before January 1, 2028,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of the district shall be
23subject to the Governmental Account Audit Act.
24    (c) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the district shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 91-103, eff. 7-13-99.)
 
6    Section 900-155. The Alexander-Cairo Port District Act is
7amended by changing Section 140 as follows:
 
8    (70 ILCS 1801/140)
9    Sec. 140. Report and financial statement.
10    (a) For fiscal years ending before January 1, 2028, within
11Within 60 days after the end of each fiscal year, the Board
12shall cause to be prepared and printed a complete and detailed
13report and financial statement of the operations and assets
14and liabilities of the Port District. A reasonably sufficient
15number of copies of the report shall be printed for
16distribution to persons interested, upon request, and a copy
17thereof shall be filed with the Governor and the county clerk
18and the presiding officer of the County Board of Alexander
19County. A copy of the report shall be addressed to and mailed
20to the corporate authorities of each municipality within the
21area of the District.
22    (b) For fiscal years beginning after December 31, 2027,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of the district shall be

 

 

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1subject to the Government Reporting Enhancement and
2Transparency Act.
3(Source: P.A. 96-1015, eff. 7-8-10.)
 
4    Section 900-160. The Havana Regional Port District Act is
5amended by changing Section 33 as follows:
 
6    (70 ILCS 1805/33)  (from Ch. 19, par. 633)
7    Sec. 33. Government Reporting Enhancement and Transparency
8Act.
9    (a) For fiscal years ending before January 1, 2028, as As
10soon after the end of each fiscal year as may be expedient, the
11Board shall cause to be prepared and printed a complete and
12detailed report and financial statement of the Port District
13operations and of its assets and liabilities and a copy
14thereof shall be filed with the Governor, the county clerk of
15each county which is partially or wholly within the Port
16District, and a copy mailed to the Mayor and City Council or
17President and Board of Trustees of each municipality within
18the Port District.
19    (b) For fiscal years beginning after December 31, 2027,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of the district shall be
22subject to the Government Reporting Enhancement and
23Transparency Act.
24(Source: Laws 1967, p. 3589.)
 

 

 

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1    Section 900-170. The Heart of Illinois Regional Port
2District Act is amended by changing Section 150 as follows:
 
3    (70 ILCS 1807/150)
4    Sec. 150. Report and financial statement.
5    (a) For fiscal years ending before January 1, 2028, as As
6soon after the end of each fiscal year as may be expedient, the
7Board shall prepare and print a complete and detailed report
8and financial statement of its operations and of its assets
9and liabilities. A reasonably sufficient number of copies of
10the report shall be printed for distribution to persons
11interested, upon request, and a copy of the report shall be
12filed with the Governor and the county clerk of each county
13that is within the area of the district. A copy of the report
14shall be addressed to and mailed to the mayor and city council
15or president and board of trustees of each municipality within
16the area of the district.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the district shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
22(Source: P.A. 93-262, eff. 7-22-03.)
 
23    Section 900-175. The Illinois International Port District

 

 

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1Act is amended by changing Section 22 as follows:
 
2    (70 ILCS 1810/22)  (from Ch. 19, par. 173)
3    Sec. 22. Government Reporting Enhancement and Transparency
4Act.
5    (a) For fiscal years ending before January 1, 2028, as As
6soon after the end of each fiscal year as may be expedient, the
7Board shall cause to be prepared and printed a complete and
8detailed report and financial statement of its operations and
9of its assets and liabilities. A reasonably sufficient number
10of copies of such report shall be printed for distribution to
11persons interested, upon request, and a copy thereof shall be
12filed with the Governor and the county clerk of each county
13which is partially or wholly within the area of operation of
14the District. A copy of such report shall be addressed to and
15mailed to the Mayor and city council or president and board of
16trustees of each municipality within the area of the District.
17(b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the District shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
22(Source: Laws 1951, p. 256.)
 
23    Section 900-180. The Illinois Valley Regional Port
24District Act is amended by changing Section 43 as follows:
 

 

 

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1    (70 ILCS 1815/43)  (from Ch. 19, par. 843)
2    Sec. 43. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028, as As
5soon after the end of each fiscal year as may be expedient, the
6Board shall cause to be prepared and printed a complete and
7detailed report and financial statement of the Port District
8operations and of its assets and liabilities. A reasonably
9sufficient number of copies of such report shall be printed
10for distribution to persons interested, upon request, and a
11copy thereof shall be filed with the Governor, and the county
12clerk of each county which is partially or wholly within the
13Port District. A copy of such report shall be addressed and
14mailed to the corporate authorities of each municipality
15within the Port District.
16    (b) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of the District shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: P.A. 77-1799.)
 
22    Section 900-185. The Illinois Waterway Ports Commission
23Act is amended by adding Section 20 as follows:
 

 

 

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1    (70 ILCS 1816/20 new)
2    Sec. 20. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of the Commission shall
7be subject to the Governmental Account Audit Act.
8    (b) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of the Commission shall
11be subject to the Government Reporting Enhancement and
12Transparency Act.
 
13    Section 900-190. The Jackson-Union Counties Regional Port
14District Act is amended by changing Section 25 as follows:
 
15    (70 ILCS 1820/25)  (from Ch. 19, par. 875)
16    Sec. 25. Government Reporting Enhancement and Transparency
17Act.
18    (a) For fiscal years ending before January 1, 2028, within
19Within 60 days after the end of each fiscal year, the Board
20shall cause to be prepared and printed a complete and detailed
21report and financial statement of the operations and assets
22and liabilities of the Port District. A reasonably sufficient
23number of copies of such report shall be printed for
24distribution to persons interested, upon request, and a copy

 

 

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1thereof shall be filed with the Governor and the county clerks
2and the presiding officer of the county boards of Jackson and
3Union counties. A copy of such report shall be addressed to and
4mailed to the corporate authorities of each municipality
5within the area of the District.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of the Port District
9shall be subject to the Government Reporting Enhancement and
10Transparency Act.
11(Source: P.A. 79-1475.)
 
12    Section 900-195. The Joliet Regional Port District Act is
13amended by changing Section 24 as follows:
 
14    (70 ILCS 1825/24)  (from Ch. 19, par. 274)
15    Sec. 24. Government Reporting Enhancement and Transparency
16Act.
17    (a) For fiscal years ending before January 1, 2028, within
18Within 60 days after the end of each fiscal year, the Board
19shall cause to be prepared and printed a complete and detailed
20report and financial statement of the operations and assets
21and liabilities of the Port District. A reasonably sufficient
22number of copies of such report shall be printed for
23distribution to persons interested, upon request, and a copy
24thereof shall be filed with the Governor and the county clerk

 

 

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1and the presiding officer of the county board of Will County. A
2copy of such report shall be addressed to and mailed to the
3Mayor and city council or president and board of trustees of
4each municipality within the area of the District.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of the Port District
8shall be subject to the Government Reporting Enhancement and
9Transparency Act.
10(Source: Laws 1957, p. 1302.)
 
11    Section 900-200. The Kaskaskia Regional Port District Act
12is amended by changing Section 44 as follows:
 
13    (70 ILCS 1830/44)  (from Ch. 19, par. 544)
14    Sec. 44. Government Reporting Enhancement and Transparency
15Act.
16    (a) For fiscal years ending before January 1, 2028, as As
17soon after the end of each fiscal year as may be expedient, the
18Board shall cause to be prepared and printed a complete and
19detailed report and financial statement of the Port District
20operations and of its assets and liabilities. A reasonably
21sufficient number of copies of such report shall be printed
22for distribution to persons interested, upon request, and a
23copy thereof shall be filed with the Governor, and the county
24clerk of each county which is partially or wholly within the

 

 

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1Port District. A copy of such report shall be addressed and
2mailed to the Mayor and City Council of President and Board of
3Trustees of each municipality within the Port District.
4    (b) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of the Port District
7shall be subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: Laws 1965, p. 1013.)
 
10    Section 900-205. The Massac-Metropolis Port District Act
11is amended by changing Section 140 as follows:
 
12    (70 ILCS 1831/140)
13    Sec. 140. Report and financial statement.
14    (a) For fiscal years ending before January 1, 2028, within
15Within 60 days after the end of each fiscal year, the Board
16shall cause to be prepared and printed a complete and detailed
17report and financial statement of the operations and assets
18and liabilities of the Port District. A reasonably sufficient
19number of copies of such report shall be printed for
20distribution to persons interested, upon request, and a copy
21thereof shall be filed with the Governor and the county clerk
22and the presiding officer of the county board of Massac
23County. A copy of such report shall be addressed to and mailed
24to the corporate authorities of each municipality within the

 

 

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1area of the District.
2    (b) For fiscal years beginning after December 31, 2027,
3notwithstanding any other provision of law to the contrary,
4the operations and fiscal activities of the Port District
5shall be subject to the Government Reporting Enhancement and
6Transparency Act.
7(Source: P.A. 96-838, eff. 12-16-09.)
 
8    Section 900-210. The Mid-America Intermodal Authority Port
9District Act is amended by changing Section 150 as follows:
 
10    (70 ILCS 1832/150)
11    Sec. 150. Report and financial statement.
12    (a) For fiscal years ending before January 1, 2028, as As
13soon after the end of each fiscal year as may be expedient, the
14Board shall prepare and print a complete and detailed report
15and financial statement of its operations and of its assets
16and liabilities. A reasonably sufficient number of copies of
17the report shall be printed for distribution to persons
18interested, upon request, and a copy of the report shall be
19filed with the Governor and the county clerk of each county
20that is within the area of the district. A copy of the report
21shall be addressed to and mailed to the mayor and city council
22or president and board of trustees of each municipality within
23the area of the district.
24    (b) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the District shall be
3subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 90-636, eff. 7-24-98.)
 
6    Section 900-215. The Ottawa Port District Act is amended
7by changing Section 140 as follows:
 
8    (70 ILCS 1837/140)
9    Sec. 140. Report and financial statement.
10    (a) For fiscal years ending before January 1, 2028, within
11Within 60 days after the end of each fiscal year, the Board
12shall prepare and print a complete and detailed report and
13financial statement of the operations, assets, and liabilities
14of the District. A reasonably sufficient number of copies of
15the report shall be printed for distribution to persons
16interested, upon request, and a copy of the report shall be
17filed with the Governor, the county clerk, and the presiding
18officer of the county board of LaSalle County. A copy of the
19report shall be mailed to the corporate authorities of each
20municipality located within the District.
21    (b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of the District shall be
24subject to the Government Reporting Enhancement and

 

 

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1Transparency Act.
2(Source: P.A. 96-1522, eff. 2-14-11.)
 
3    Section 900-220. The Rock Island Regional Port District
4Act is amended by changing Section 110 as follows:
 
5    (70 ILCS 1842/110)
6    Sec. 110. Report and financial statement.
7    (a) For fiscal years ending before January 1, 2028, within
8Within 60 days after the end of a fiscal year, a participating
9municipality's city council shall have prepared by a certified
10public accountant a complete and detailed report and financial
11statement of the operations and assets and liabilities of the
12Port District within the municipality's corporate limits.
13Copies of the report shall be prepared for distribution to
14persons interested, upon request, and a copy of the report and
15financial statement shall be filed with the Governor and with
16the Rock Island County Clerk.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the District shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
22(Source: P.A. 103-242, eff. 1-1-24.)
 
23    Section 900-225. The Seneca Regional Port District Act is

 

 

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1amended by changing Section 25 as follows:
 
2    (70 ILCS 1845/25)  (from Ch. 19, par. 375)
3    Sec. 25. Government Reporting Enhancement and Transparency
4Act.
5    (a) For fiscal years ending before January 1, 2028, within
6Within 60 days after the end of each fiscal year, the Board
7shall cause to be prepared and printed a complete and detailed
8report and financial statement of the operations and assets
9and liabilities of the Port District. A reasonably sufficient
10number of copies of such report shall be printed for
11distribution to persons interested, upon request, and a copy
12thereof shall be filed with the Governor and the county clerks
13and the presiding officer of the county boards of La Salle and
14Grundy counties. A copy of such report shall be addressed to
15and mailed to the corporate authorities of each municipality
16within the area of the District.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of the District shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
22(Source: Laws 1961, p. 2957.)
 
23    Section 900-230. The Shawneetown Regional Port District
24Act is amended by changing Section 25 as follows:
 

 

 

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1    (70 ILCS 1850/25)  (from Ch. 19, par. 425)
2    Sec. 25. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028, within
5Within 60 days after the end of each fiscal year, the Board
6shall cause to be prepared and printed a complete and detailed
7report and financial statement of the operations and assets
8and liabilities of the Port District. A reasonably sufficient
9number of copies of such report shall be printed for
10distribution to persons interested, upon request, and a copy
11thereof shall be filed with the Governor and the county clerks
12and the presiding officer of the county boards of Gallatin and
13Hardin counties. A copy of such report shall be addressed to
14and mailed to the corporate authorities of each municipality
15within the area of the District.
16    (b) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of the District shall be
19subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: Laws 1961, p. 2975.)
 
22    Section 900-235. The America's Central Port District Act
23is amended by changing Section 25 as follows:
 

 

 

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1    (70 ILCS 1860/25)  (from Ch. 19, par. 308)
2    Sec. 25. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028, within
5Within 9 months after the end of each fiscal year, the Board
6shall cause an independent auditor to prepare and print a
7complete and detailed report and financial statement of the
8operations and assets and liabilities of the Port District. A
9reasonably sufficient number of copies of such report shall be
10printed for distribution to persons interested, upon request,
11and a copy of the report shall be filed with the Governor and
12the county clerks of Madison and Jersey Counties. A copy of
13such report or a summary of the report shall be addressed and
14submitted to the Mayor or ranking official of each
15municipality within the area of the District.
16    (b) For fiscal years beginning after December 31, 2027,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of the Port District
19shall be subject to the Government Reporting Enhancement and
20Transparency Act.
21(Source: P.A. 104-206, eff. 1-1-26.)
 
22    Section 900-240. The Upper Mississippi River International
23Port District Act is amended by changing Section 31 as
24follows:
 

 

 

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1    (70 ILCS 1863/31)
2    Sec. 31. Financial statement.
3    (a) For fiscal years ending before January 1, 2028, within
4Within 60 days after the end of each fiscal year, the Board
5shall prepare and print a complete and detailed report and
6financial statement of the operations and assets and
7liabilities of the Port District. A reasonably sufficient
8number of copies of such report shall be printed for
9distribution to persons interested, upon request, and a copy
10shall be filed with the Governor and the County Clerk and the
11County Board Chair of Jo Daviess and Carroll Counties.
12    (b) For fiscal years beginning after December 31, 2027,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of the Port District
15shall be subject to the Government Reporting Enhancement and
16Transparency Act.
17(Source: P.A. 96-636, eff. 8-24-09.)
 
18    Section 900-245. The Waukegan Port District Act is amended
19by changing Section 25 as follows:
 
20    (70 ILCS 1865/25)  (from Ch. 19, par. 203)
21    Sec. 25. Government Reporting Enhancement and Transparency
22Act.
23    (a) For fiscal years ending before January 1, 2028, within
24Within 60 days after the end of each fiscal year, the Board

 

 

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1shall cause to be prepared and printed a complete and detailed
2report and financial statement of the operations and assets
3and liabilities of the Port District. A reasonably sufficient
4number of copies of such report shall be printed for
5distribution to persons interested, upon request, and a copy
6thereof shall be filed with the Governor and the county clerk
7and the presiding officer of the county board of each county
8which is partially or wholly within the area of operation of
9the District. A copy of such report shall be addressed to and
10mailed to the Mayor and city council or president and board of
11trustees of each municipality within the area of the District.
12    (b) For fiscal years beginning after December 31, 2027,
13notwithstanding any other provision of law to the contrary,
14the operations and fiscal activities of the Port District
15shall be subject to the Government Reporting Enhancement and
16Transparency Act.
17(Source: Laws 1955, p. 657.)
 
18    Section 900-250. The Emergency Services Districts Act is
19amended by adding Section 16 as follows:
 
20    (70 ILCS 2005/16 new)
21    Sec. 16. Government Reporting Enhancement and Transparency
22Act.
23    (a) For fiscal years ending before January 1, 2028,
24notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each emergency
2services district shall be subject to the Governmental Account
3Audit Act.
4    (b) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each emergency
7services district shall be subject to the Government Reporting
8Enhancement and Transparency Act.
 
9    Section 900-255. The River Conservancy Districts Act is
10amended by adding Section 24.5 as follows:
 
11    (70 ILCS 2105/24.5 new)
12    Sec. 24.5. Government Reporting Enhancement and
13Transparency Act. For fiscal years beginning after December
1431, 2027, notwithstanding any other provision of law to the
15contrary, the operations and fiscal activities of any
16conservancy district organized under this Act created under
17this Act shall be subject to the Government Reporting
18Enhancement and Transparency Act.
 
19    Section 900-260. The Sanitary District Act of 1907 is
20amended by changing Sections 26.1 and 27 as follows:
 
21    (70 ILCS 2205/26.1)  (from Ch. 42, par. 272.1)
22    Sec. 26.1. The board of trustees, its clerk and treasurer,

 

 

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1prior to the 15th day of each month for fiscal years ending
2before January 1, 2028, shall submit to the circuit court in
3which such district was organized a verified statement showing
4for the preceding month a listing of all persons employed by
5the district and the total amount of money paid to each person
6for services performed for the district during the preceding
7month, including salary, wages, commissions, expenses or other
8emolument.
9(Source: P.A. 77-1299.)
 
10    (70 ILCS 2205/27)  (from Ch. 42, par. 273)
11    Sec. 27. Government Reporting Enhancement and Transparency
12Act.
13    (a) Said board, its clerk and treasurer, shall submit to
14the circuit court of the county in which said district is
15organized, annually for fiscal years ending before January 1,
162028, between the first and tenth days of April, or oftener, if
17required by said court, verified reports, showing all moneys
18received and the manner in which the same may have been
19expended. Three weeks' notice of the filing of such report
20shall be given by publication in like manner as provided in
21section 2 of this act, and any person interested may appear and
22object to the approval of the same, in whole or in part, and
23the court shall make such orders in reference thereto as shall
24be just.
25    (b) For fiscal years ending before January 1, 2028,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of each sanitary district
3shall be subject to the Governmental Account Audit Act.
4    (c) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each sanitary district
7shall be subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: Laws 1967, p. 3815.)
 
10    Section 900-265. The North Shore Water Reclamation
11District Act is amended by changing Section 11 and by adding
12Section 5.1 as follows:
 
13    (70 ILCS 2305/5.1 new)
14    Sec. 5.1. Government Reporting Enhancement and
15Transparency Act.
16    (a) For fiscal years ending before January 1, 2028,
17notwithstanding any other provision of law to the contrary,
18the operations and fiscal activities of each district shall be
19subject to the Governmental Account Audit Act.
20    (b) For fiscal years beginning after December 31, 2027,
21notwithstanding any other provision of law to the contrary,
22the operations and fiscal activities of each district shall be
23subject to the Government Reporting Enhancement and
24Transparency Act.
 

 

 

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1    (70 ILCS 2305/11)  (from Ch. 42, par. 287)
2    Sec. 11. Except as otherwise provided in this Section, all
3contracts for purchases or sales by the municipality, the
4expense of which will exceed the mandatory competitive bid
5threshold, shall be let to the lowest responsible bidder
6therefor upon not less than 14 days' public notice of the terms
7and conditions upon which the contract is to be let, having
8been given by publication in a newspaper of general
9circulation published in the district, and the board may
10reject any and all bids and readvertise. In determining the
11lowest responsible bidder, the board shall take into
12consideration the qualities and serviceability of the articles
13supplied, their conformity with specifications, their
14suitability to the requirements of the district, the
15availability of support services, the uniqueness of the
16service, materials, equipment, or supplies as it applies to
17network integrated computer systems, the compatibility of the
18service, materials, equipment or supplies with existing
19equipment, and the delivery terms. Contracts for services in
20excess of the mandatory competitive bid threshold may, subject
21to the provisions of this Section, be let by competitive
22bidding at the discretion of the district board of trustees.
23All contracts for purchases or sales that will not exceed the
24mandatory competitive bid threshold may be made in the open
25market without publication in a newspaper as above provided,

 

 

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1but whenever practical shall be based on at least 3
2competitive bids. For purposes of this Section, the "mandatory
3competitive bid threshold" is a dollar amount equal to 0.1% of
4the total general fixed assets of the district as reported in
5the most recent required audit report. In no event, however,
6shall the mandatory competitive bid threshold dollar amount be
7less than $10,000, nor more than $40,000.
8    Cash, a cashier's check, a certified check, or a bid bond
9with adequate surety approved by the board of trustees as a
10deposit of good faith, in a reasonable amount, but not in
11excess of 10% of the contract amount, may be required of each
12bidder by the district on all bids involving amounts in excess
13of the mandatory competitive bid threshold and, if so
14required, the advertisement for bids shall so specify.
15    Contracts which by their nature are not adapted to award
16by competitive bidding, including, without limitation,
17contracts for the services of individuals, groups or firms
18possessing a high degree of professional skill where the
19ability or fitness of the individual or organization plays an
20important part, contracts for financial management services
21undertaken pursuant to "An Act relating to certain investments
22of public funds by public agencies", approved July 23, 1943,
23as now or hereafter amended, contracts for the purchase or
24sale of utilities, contracts for commodities including supply
25contracts for natural gas and electricity, contracts for
26materials economically procurable only from a single source of

 

 

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1supply, contracts for services, supplies, materials, parts, or
2equipment which are available only from a single source or
3contracts for maintenance, repairs, OEM supplies, or OEM parts
4from the manufacturer or from a source authorized by the
5manufacturer, contracts for the use, purchase, delivery,
6movement, or installation of data processing equipment,
7software, or services and telecommunications and interconnect
8equipment, software, or services, contracts for duplicating
9machines and supplies, contracts for goods or services
10procured from another governmental agency, purchases of
11equipment previously owned by an entity other than the
12district itself, purchases of used equipment, purchases at
13auction or similar transactions which by their very nature are
14not suitable to competitive bids, and leases of real property
15where the sanitary district is the lessee shall not be subject
16to the competitive bidding requirements of this Section.
17    The District may use a design-build procurement method for
18any public project which shall not be subject to the
19competitive bidding requirements of this Section provided the
20Board of Trustees approves the contract for the public project
21by a vote of 4 of the 5 trustees. For the purposes of this
22Section, "design-build" means a delivery system that provides
23responsibility within a single contract for the furnishing of
24architecture, engineering, land surveying and related services
25as required, and the labor, materials, equipment, and other
26construction services for the project.

 

 

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1    In the case of an emergency affecting the public health or
2safety so declared by the Board of Trustees of the
3municipality at a meeting thereof duly convened, which
4declaration shall require the affirmative vote of four of the
5five Trustees, and shall set forth the nature of the danger to
6the public health or safety, contracts totaling not more than
7the emergency contract cap may be let to the extent necessary
8to resolve such emergency without public advertisement or
9competitive bidding. For purposes of this Section, the dollar
10amount of an emergency contract shall not be less than
11$40,000, nor more than $500,000. The Resolution or Ordinance
12in which such declaration is embodied shall fix the date upon
13which such emergency shall terminate which date may be
14extended or abridged by the Board of Trustees as in their
15judgment the circumstances require. A full written account of
16any such emergency, together with a requisition for the
17materials, supplies, labor or equipment required therefor
18shall be submitted immediately upon completion and shall be
19open to public inspection for a period of at least one year
20subsequent to the date of such emergency purchase.
21    To address operating emergencies not affecting the public
22health or safety, the Board of Trustees shall authorize, in
23writing, officials or employees of the sanitary district to
24purchase in the open market and without advertisement any
25supplies, materials, equipment, or services for immediate
26delivery to meet the bona fide operating emergency, without

 

 

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1filing a requisition or estimate therefor, in an amount not in
2excess of $100,000; provided that the Board of Trustees must
3be notified of the operating emergency. A full, written
4account of each operating emergency and a requisition for the
5materials, supplies, equipment, and services required to meet
6the operating emergency must be immediately submitted by the
7officials or employees authorized to make purchases to the
8Board of Trustees. The account must be available for public
9inspection for a period of at least one year after the date of
10the operating emergency purchase. The exercise of authority
11with respect to purchases for a bona fide operating emergency
12is not dependent on a declaration of an operating emergency by
13the Board of Trustees.
14    The competitive bidding requirements of this Section do
15not apply to contracts, including contracts for both materials
16and services incidental thereto, for the repair or replacement
17of a sanitary district's treatment plant, sewers, equipment,
18or facilities damaged or destroyed as the result of a sudden or
19unexpected occurrence, including, but not limited to, a flood,
20fire, tornado, earthquake, storm, or other natural or man-made
21disaster, if the board of trustees determines in writing that
22the awarding of those contracts without competitive bidding is
23reasonably necessary for the sanitary district to maintain
24compliance with a permit issued under the National Pollution
25Discharge Elimination System (NPDES) or any successor system
26or with any outstanding order relating to that compliance

 

 

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1issued by the United States Environmental Protection Agency,
2the Illinois Environmental Protection Agency, or the Illinois
3Pollution Control Board. The authority to issue contracts
4without competitive bidding pursuant to this paragraph expires
56 months after the date of the writing determining that the
6awarding of contracts without competitive bidding is
7reasonably necessary.
8    No Trustee shall be interested, directly or indirectly, in
9any contract, work or business of the municipality, or in the
10sale of any article, whenever the expense, price or
11consideration of the contract work, business or sale is paid
12either from the treasury or by any assessment levied by any
13Statute or Ordinance. No Trustee shall be interested, directly
14or indirectly, in the purchase of any property which (1)
15belongs to the municipality, or (2) is sold for taxes or
16assessments of the municipality, or (3) is sold by virtue of
17legal process in the suit of the municipality.
18    A contract for any work or other public improvement, to be
19paid for in whole or in part by special assessment or special
20taxation, shall be entered into and the performance thereof
21controlled by the provisions of Division 2 of Article 9 of the
22"Illinois Municipal Code", approved May 29, 1961, as
23heretofore or hereafter amended, as near as may be. However,
24contracts may be let for making proper and suitable
25connections between the mains and outlets of the respective
26sanitary sewers in the district with any conduit, conduits,

 

 

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1main pipe or pipes that may be constructed by such sanitary
2district.
3(Source: P.A. 101-575, eff. 8-23-19.)
 
4    Section 900-270. The Sanitary District Act of 1917 is
5amended by changing Sections 11 and 16.12 and by adding
6Section 32 as follows:
 
7    (70 ILCS 2405/11)  (from Ch. 42, par. 310)
8    Sec. 11. Except as otherwise hereinafter provided, all
9contracts for purchases or sales by a sanitary district
10organized under this Act, the expense of which will exceed the
11mandatory competitive bid threshold, shall be let to the
12lowest responsible bidder therefor upon not less than 14 days'
13public notice of the terms and conditions upon which the
14contract is to be let, having been given by publication in a
15newspaper of general circulation published in the district,
16and the board may reject any and all bids, and readvertise. In
17determining the lowest responsible bidder, the board shall
18take into consideration the qualities and serviceability of
19the articles supplied, their conformity with specifications,
20their suitability to the requirements of the district, the
21availability of support services, the uniqueness of the
22service, materials, equipment, or supplies as it applies to
23network integrated computer systems, the compatibility of the
24service, materials, equipment or supplies with existing

 

 

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1equipment, and the delivery terms. Contracts for services in
2excess of the mandatory competitive bid threshold may, subject
3to the provisions of this Section, be let by competitive
4bidding at the discretion of the district board of trustees.
5    Cash, a cashier's check, a certified check, or a bid bond
6with adequate surety approved by the board of trustees as a
7deposit of good faith, in a reasonable amount, but not in
8excess of 10% of the contract amount, may be required of each
9bidder by the district on all bids involving amounts in excess
10of the mandatory competitive bid threshold and, if so
11required, the advertisement for bids shall so specify.
12    All contracts for purchases or sales that will not exceed
13the mandatory competitive bid threshold may be made in the
14open market without publication in a newspaper as above
15provided, but whenever practical shall be based on at least 3
16competitive bids. For purposes of this Section, the "mandatory
17competitive bid threshold" is a dollar amount equal to 0.1% of
18the total general capital fixed assets of the district as
19reported in the most recent required audit report. In no
20event, however, shall the mandatory competitive bid threshold
21dollar amount be less than $10,000, nor more than $40,000.
22    If a unit of local government performs non-emergency
23construction, alteration, repair, improvement, or maintenance
24work on the public way, the sanitary district may enter into an
25intergovernmental agreement with the unit of local government
26allowing similar construction work to be performed by the

 

 

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1sanitary district on the same project, in an amount no greater
2than $100,000, to save taxpayer funds and eliminate
3duplication of government effort. The sanitary district and
4the other unit of local government shall, before work is
5performed by either unit of local government on a project,
6adopt a resolution by a majority vote of both governing bodies
7certifying work will occur at a specific location, the reasons
8why both units of local government require work to be
9performed in the same location, and the projected cost savings
10if work is performed by both units of local government on the
11same project. Officials or employees of the sanitary district
12may, if authorized by resolution, purchase in the open market
13any supplies, materials, equipment, or services for use within
14the project in an amount no greater than $100,000 without
15advertisement or without filing a requisition or estimate. A
16full written account of each project performed by the sanitary
17district and a requisition for the materials, supplies,
18equipment, and services used by the sanitary district required
19to complete the project must be submitted by the officials or
20employees authorized to make purchases to the board of
21trustees of the sanitary district no later than 30 days after
22purchase. The full written account must be available for
23public inspection for at least one year after expenditures are
24made.
25    Contracts which by their nature are not adapted to award
26by competitive bidding, including, without limitation,

 

 

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1contracts for the services of individuals, groups or firms
2possessing a high degree of professional skill where the
3ability or fitness of the individual or organization plays an
4important part, contracts for financial management services
5undertaken pursuant to "An Act relating to certain investments
6of public funds by public agencies", approved July 23, 1943,
7as now or hereafter amended, contracts for the purchase or
8sale of utilities, contracts for materials economically
9procurable only from a single source of supply, contracts for
10the use, purchase, delivery, movement, or installation of data
11processing equipment, software, or services and
12telecommunications and interconnect equipment, software, or
13services, contracts for duplicating machines and supplies,
14contracts for goods or services procured from another
15governmental agency, purchases of equipment previously owned
16by an entity other than the district itself, and leases of real
17property where the sanitary district is the lessee shall not
18be subject to the competitive bidding requirements of this
19Section.
20    The competitive bidding requirements of this Section do
21not apply to contracts for construction of a facility or
22structure for the sanitary district when the facility or
23structure will be designed, built, and tested before being
24conveyed to the sanitary district.
25    The competitive bidding requirements of this Section do
26not apply to contracts, including contracts for both materials

 

 

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1and services incidental thereto, for the repair or replacement
2of a sanitary district's treatment plant, sewers, equipment,
3or facilities damaged or destroyed as the result of a sudden or
4unexpected occurrence, including, but not limited to, a flood,
5fire, tornado, earthquake, storm, or other natural or man-made
6disaster, if the board of trustees determines in writing that
7the awarding of those contracts without competitive bidding is
8reasonably necessary for the sanitary district to maintain
9compliance with a permit issued under the National Pollution
10Discharge Elimination System (NPDES) or any successor system
11or with any outstanding order relating to that compliance
12issued by the United States Environmental Protection Agency,
13the Illinois Environmental Protection Agency, or the Illinois
14Pollution Control Board. The authority to issue contracts
15without competitive bidding pursuant to this paragraph expires
166 months after the date of the writing determining that the
17awarding of contracts without competitive bidding is
18reasonably necessary.
19    Where the board of trustees declares, by a 2/3 vote of all
20members of the board, that there exists an emergency affecting
21the public health or safety, contracts totaling not more than
22the emergency contract cap may be let to the extent necessary
23to resolve such emergency without public advertisement or
24competitive bidding. For purposes of this Section, the
25"emergency contract cap" is a dollar amount equal to 0.4% of
26the total general capital fixed assets of the district as

 

 

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1reported in the most recent required audit report. In no
2event, however, shall the emergency contract cap dollar amount
3be less than $40,000, nor more than $100,000. The ordinance or
4resolution embodying the emergency declaration shall contain
5the date upon which such emergency will terminate. The board
6of trustees may extend the termination date if in its judgment
7the circumstances so require. A full written account of the
8emergency, together with a requisition for the materials,
9supplies, labor or equipment required therefor shall be
10submitted immediately upon completion and shall be open to
11public inspection for a period of at least one year subsequent
12to the date of such emergency purchase. Within 30 days after
13the passage of the resolution or ordinance declaring an
14emergency affecting the public health or safety, the District
15shall submit to the Illinois Environmental Protection Agency
16the full written account of any such emergency along with a
17copy of the resolution or ordinance declaring the emergency,
18in accordance with requirements as may be provided by rule.
19    A contract for any work or other public improvement, to be
20paid for in whole or in part by special assessment or special
21taxation, shall be entered into and the performance thereof
22controlled by Division 2 of Article 9 of the "Illinois
23Municipal Code", approved May 29, 1961, as heretofore and
24hereafter amended, as near as may be. The contracts may be let
25for making proper and suitable connections between the mains
26and outlets of the respective sewers in the district with any

 

 

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1conduit, conduits, main pipe or pipes that may be constructed
2by such sanitary district.
3(Source: P.A. 100-882, eff. 8-14-18.)
 
4    (70 ILCS 2405/16.12)  (from Ch. 42, par. 315.12)
5    Sec. 16.12. Any district issuing revenue bonds under this
6Act of a waterworks shall install and maintain a proper system
7of accounts, showing the amount of revenue received and its
8application. For fiscal years ending before January 1, 2028,
9at At least once a year the district shall have the accounts
10properly audited by a competent auditor. The report of that
11audit shall be open for inspection at all proper times to any
12taxpayer, user, or any holder of bonds issued under this Act,
13or to anyone acting for and on behalf of the taxpayer, user, or
14bondholder. The treasurer of the district shall be custodian
15and ex-officio collector of the funds derived from income
16received from a waterworks purchased or constructed under the
17provisions of this Act. He shall give proper bond for the
18faithful discharge of his duties as such custodian, and this
19bond shall be fixed and approved by the trustees.
20    All of the funds received as income from a waterworks
21purchased or constructed in whole or in part under the
22provisions of this Act, and all of the funds received from the
23sale of revenue bonds shall be kept separate and apart from the
24other funds of the district.
25(Source: Laws 1967, p. 950.)
 

 

 

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1    (70 ILCS 2405/32 new)
2    Sec. 32. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each sanitary district
7shall be subject to the Governmental Account Audit Act.
8    (b) For fiscal years beginning after December 31, 2027,
9notwithstanding any other provision of law to the contrary,
10the operations and fiscal activities of each sanitary district
11shall be subject to the Government Reporting Enhancement and
12Transparency Act.
 
13    Section 900-275. The Metropolitan Water Reclamation
14District Act is amended by changing Sections 5.12, 5.13, and
1511.3 as follows:
 
16    (70 ILCS 2605/5.12)  (from Ch. 42, par. 324v)
17    Sec. 5.12. Annual audit. (a) For fiscal years ending
18before January 1, 2028, each Each district shall cause an
19independent audit to be made annually for the period beginning
20January 1, and ending December 31. Such audit shall be made by
21a Certified Public Accountant licensed to practice in the
22State of Illinois, who shall examine and audit the accounts of
23the district. A report thereof, together with any

 

 

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1recommendations as to changes in accounting procedure shall be
2made to the board of trustees and shall be printed in the
3official proceedings of the district. At least 3 copies of
4such audit shall be made conveniently available for public
5inspection at the office of the district and a copy of such
6audit shall be made available to any person requesting a copy
7thereof upon the payment of a reasonable charge. Copies of
8such audit shall be furnished to such departments or agencies
9of the State of Illinois as may be required by law and such
10audit shall comply with such State laws as may regulate the
11making of governmental audits. The reasonable expense of the
12audit required to be made hereunder shall be paid by each such
13sanitary district.
14    An annual audit of the Metropolitan Water Reclamation
15District of Greater Chicago conducted in accordance with
16Section 5.12a serves as that district's annual audit required
17by this subsection Section.
18(Source: P.A. 89-296, eff. 8-11-95.)
 
19    (70 ILCS 2605/5.13)  (from Ch. 42, par. 324w)
20    Sec. 5.13. For fiscal years ending before January 1, 2028,
21the The clerk shall prepare on or before the first (1st) day of
22July of each year after the year 1943, an annual financial
23report which shall contain financial information required by
24generally accepted accounting principles (GAAP) for
25governments as promulgated and established by the Governmental

 

 

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1Accounting Standards Board (GASB).
2    Copies of the annual financial report shall be made
3conveniently available in the office of the Sanitary District
4to the public and shall be issued to any person upon payment of
5a reasonable amount therefor. Nothing in this section shall be
6construed to mean that the annual financial report may not be
7combined with the annual audit report and the two published
8simultaneously as one report.
9(Source: P.A. 95-295, eff. 8-20-07.)
 
10    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)
11    Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
12all purchase orders or contracts involving amounts in excess
13of the mandatory competitive bid threshold and made by or on
14behalf of the sanitary district for labor, services or work,
15the purchase, lease or sale of personal property, materials,
16equipment or supplies, or the granting of any concession,
17shall be let by free and open competitive bidding after
18advertisement, to the lowest responsible bidder or to the
19highest responsible bidder, as the case may be, depending upon
20whether the sanitary district is to expend or receive money.
21    All such purchase orders or contracts which shall involve
22amounts that will not exceed the mandatory competitive bid
23threshold, shall also be let in the manner prescribed above
24whenever practicable, except that after solicitation of bids,
25such purchase orders or contracts may be let in the open

 

 

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1market, in a manner calculated to insure the best interests of
2the public. The provisions of this section are subject to any
3contrary provisions contained in "An Act concerning the use of
4Illinois mined coal in certain plants and institutions", filed
5July 13, 1937, as heretofore and hereafter amended. For
6purposes of this Section, the "mandatory competitive bid
7threshold" is a dollar amount equal to 0.1% of the total
8general capital fixed assets of the district as reported in
9the most recent required audit report. In no event, however,
10shall the mandatory competitive bid threshold dollar amount be
11less than $60,000.
12    If a unit of local government performs non-emergency
13construction, alteration, repair, improvement, or maintenance
14work on the public way, the sanitary district may enter into an
15intergovernmental agreement with the unit of local government
16allowing similar construction work to be performed by the
17sanitary district on the same project, in an amount no greater
18than $100,000, to save taxpayer funds and eliminate
19duplication of government effort. The sanitary district and
20the other unit of local government shall, before work is
21performed by either unit of local government on a project,
22adopt a resolution by a majority vote of both governing bodies
23certifying work will occur at a specific location, the reasons
24why both units of local government require work to be
25performed in the same location, and the projected cost savings
26if work is performed by both units of local government on the

 

 

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1same project. Officials or employees of the sanitary district
2may, if authorized by resolution, purchase in the open market
3any supplies, materials, equipment, or services for use within
4the project in an amount no greater than $100,000 without
5advertisement or without filing a requisition or estimate. A
6full written account of each project performed by the sanitary
7district and a requisition for the materials, supplies,
8equipment, and services used by the sanitary district required
9to complete the project must be submitted by the officials or
10employees authorized to make purchases to the board of
11trustees of the sanitary district no later than 30 days after
12purchase. The full written account must be available for
13public inspection for at least one year after expenditures are
14made.
15    Notwithstanding the provisions of this Section, the
16sanitary district is expressly authorized to establish such
17procedures as it deems appropriate to comply with state or
18federal regulations as to affirmative action and the
19utilization of small and minority businesses in construction
20and procurement contracts.
21(Source: P.A. 103-865, eff. 1-1-25.)
 
22    Section 900-280. The Sanitary District Act of 1936 is
23amended by changing Sections 14, 26m, and 32n and by adding
24Section 94 as follows:
 

 

 

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1    (70 ILCS 2805/14)  (from Ch. 42, par. 425)
2    Sec. 14. Except as otherwise provided in this Section, all
3contracts for purchases or sales by the sanitary district, the
4expense of which will exceed the mandatory competitive bid
5threshold, shall be let to the lowest responsible bidder
6therefor upon not less than 14 days' public notice of the terms
7and conditions upon which the contract is to be let, having
8been given by publication in a daily or weekly newspaper
9published in the district or, if there is no newspaper
10published in the district, in a newspaper published in the
11county and having general circulation in the district, and the
12board may reject any and all bids, and readvertise. Contracts
13for services in excess of the mandatory competitive bid
14threshold may, subject to the provisions of this Section, be
15let by competitive bidding at the discretion of the district
16board of trustees. All contracts for purchases or sales that
17will not exceed the mandatory competitive bid threshold may be
18made in the open market without publication in a newspaper as
19above provided, but whenever practical shall be based on at
20least 3 competitive bids. For purposes of this Section, the
21"mandatory competitive bid threshold" is a dollar amount equal
22to 0.1% of the total general capital fixed assets of the
23district as reported in the most recent required audit report.
24In no event, however, shall the mandatory competitive bid
25threshold dollar amount be less than $10,000, nor more than
26$40,000.

 

 

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1    If a unit of local government performs non-emergency
2construction, alteration, repair, improvement, or maintenance
3work on the public way, the sanitary district may enter into an
4intergovernmental agreement with the unit of local government
5allowing similar construction work to be performed by the
6sanitary district on the same project, in an amount no greater
7than $100,000, to save taxpayer funds and eliminate
8duplication of government effort. The sanitary district and
9the other unit of local government shall, before work is
10performed by either unit of local government on a project,
11adopt a resolution by a majority vote of both governing bodies
12certifying work will occur at a specific location, the reasons
13why both units of local government require work to be
14performed in the same location, and the projected cost savings
15if work is performed by both units of local government on the
16same project. Officials or employees of the sanitary district
17may, if authorized by resolution, purchase in the open market
18any supplies, materials, equipment, or services for use within
19the project in an amount no greater than $100,000 without
20advertisement or without filing a requisition or estimate. A
21full written account of each project performed by the sanitary
22district and a requisition for the materials, supplies,
23equipment, and services used by the sanitary district required
24to complete the project must be submitted by the officials or
25employees authorized to make purchases to the board of
26trustees of the sanitary district no later than 30 days after

 

 

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1purchase. The full written account must be available for
2public inspection for at least one year after expenditures are
3made.
4    Cash, a cashier's check, a certified check, or a bid bond
5with adequate surety approved by the board of trustees as a
6deposit of good faith, in a reasonable amount, but not in
7excess of 10% of the contract amount, may be required of each
8bidder by the district on all bids involving amounts in excess
9of the mandatory competitive bid threshold and, if so
10required, the advertisement for bids shall so specify.
11    Contracts which by their nature are not adapted to award
12by competitive bidding, including, without limitation,
13contracts for the services of individuals, groups or firms
14possessing a high degree of professional skill where the
15ability or fitness of the individual or organization plays an
16important part, contracts for financial management services
17undertaken pursuant to the Public Funds Investment Act,
18contracts for the purchase or sale of utilities, contracts for
19materials economically procurable only from a single source of
20supply and leases of real property where the sanitary district
21is the lessee shall not be subject to the competitive bidding
22requirements of this Section.
23    Where the board of trustees declares, by a 2/3 vote of all
24members of the board, that there exists an emergency affecting
25the public health or safety, contracts totaling not more than
26the emergency contract cap may be let to the extent necessary

 

 

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1to resolve such emergency without public advertisement or
2competitive bidding. For purposes of this Section, the
3"emergency contract cap" is a dollar amount equal to 0.4% of
4the total general capital fixed assets of the district as
5reported in the most recent required audit report. In no
6event, however, shall the emergency contract cap dollar amount
7be less than $40,000, nor more than $100,000. The ordinance or
8resolution embodying the emergency declaration shall contain
9the date upon which such emergency will terminate. The board
10of trustees may extend the termination date if in its judgment
11the circumstances so require. A full written account of the
12emergency, together with a requisition for the materials,
13supplies, labor or equipment required therefor shall be
14submitted immediately upon completion and shall be open to
15public inspection for a period of at least one year subsequent
16to the date of such emergency purchase. Within 30 days after
17the passage of the resolution or ordinance declaring an
18emergency affecting the public health or safety, the District
19shall submit to the Illinois Environmental Protection Agency
20the full written account of any such emergency along with a
21copy of the resolution or ordinance declaring the emergency,
22in accordance with requirements as may be provided by rule.
23(Source: P.A. 100-882, eff. 8-14-18.)
 
24    (70 ILCS 2805/26m)  (from Ch. 42, par. 437m)
25    Sec. 26m. Any district issuing revenue bonds under this

 

 

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1Act for a drainage system shall install and maintain a proper
2system of accounts, showing the amount of revenue received and
3its application. For fiscal years ending before January 1,
42028, at At least once a year the district shall have the
5accounts properly audited by a competent auditor. The report
6of that audit shall be open for inspection at all proper times
7to any taxpayer, user, or any holder of bonds issued under this
8Act, or to anyone acting for and on behalf of the taxpayer,
9user, or bondholder. The treasurer of the district shall be
10custodian and ex-officio collector of the funds derived from
11income received from a drainage system purchased or
12constructed under the provisions of this Act. He shall give
13proper bond for the faithful discharge of his duties as such
14custodian, and this bond shall be fixed and approved by the
15trustees.
16    All of the funds received as income from a drainage system
17purchased or constructed in whole or in part under the
18provisions of this Act, and all of the funds received from the
19sale of revenue bonds shall be kept separate and apart from the
20other funds of the district.
21(Source: Laws 1961, p. 3028.)
 
22    (70 ILCS 2805/32n)  (from Ch. 42, par. 443n)
23    Sec. 32n. Any district issuing revenue bonds under this
24Act shall install and maintain a proper system of accounts,
25showing the amount of revenue received and its application.

 

 

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1For fiscal years ending before January 1, 2028, at At least
2once a year the district shall have the accounts properly
3audited by a competent auditor. The report of that audit shall
4be open for inspection at all proper times to any taxpayer,
5water-user, or any holder of bonds issued under this Article,
6or to anyone acting for and on behalf of the taxpayer,
7water-user, or bondholder. The treasurer of the district shall
8be custodian and ex-officio collector of the funds derived
9from income received from waterworks purchased or constructed
10under the provisions of this Act. He shall give proper bond for
11the faithful discharge of his duties as such custodian, and
12this bond shall be fixed and approved by the trustees.
13    All of the funds received as income from waterworks
14purchased or constructed in whole or in part under the
15provisions of this Act, and all of the funds received from the
16sale of revenue bonds shall be kept separate and apart from the
17other funds of the district.
18(Source: Laws 1945, p. 726.)
 
19    (70 ILCS 2805/94 new)
20    Sec. 94. Government Reporting Enhancement and Transparency
21Act.
22    (a) For fiscal years ending before January 1, 2028,
23notwithstanding any other provision of law to the contrary,
24the operations and fiscal activities of each sanitary district
25shall be subject to the Governmental Account Audit Act.

 

 

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1    (b) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of each sanitary district
4shall be subject to the Government Reporting Enhancement and
5Transparency Act.
 
6    Section 900-285. The Metro-East Sanitary District Act of
71974 is amended by changing Section 4-2 and by adding Section
85-6 as follows:
 
9    (70 ILCS 2905/4-2)  (from Ch. 42, par. 504-2)
10    Sec. 4-2. The Executive Director shall be the chief
11executive and administrative officer of the district and shall
12be responsible to the board for the proper administration of
13all affairs of the district, including but not limited to, the
14board's compliance with subsection (b) of Section 3-3, and to
15that end he shall:
16    (1) Appoint and, when necessary for the good of the
17service, remove all officers and employees of the district,
18except as otherwise provided in this Act, and except as he may
19authorize the head of a department or office to appoint
20subordinates in such department or office.
21    (2) Prepare the budget annually and submit it to the Board
22and be responsible for its administration after adoption.
23    (3) Prepare and submit to the board and the Department of
24Natural Resources, as of the end of the fiscal year, a complete

 

 

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1report of the finances and administrative activities of the
2district and all subdistricts for the year, and submit any
3interim reports that the Department of Natural Resources
4requests. For fiscal years ending before January 1, 2028, the
5report to the board and the Department of Natural Resources
6shall include a complete report of the finances of the
7district and all subdistricts for the year.
8    (4) Keep the board advised of the financial condition of
9the district and all subdistricts and make recommendations
10concerning their future needs.
11    (5) Attend all meetings of the board and, in so far as
12possible, its committees.
13    (6) Enforce all district ordinances and see that all
14contracts are faithfully performed.
15    (7) Advise, assist, and cooperate in fostering the
16interest of institutions of learning and civic, professional,
17and employee organizations in the improvement of personnel
18standards and conditions in the district.
19    (8) Perform such other duties as may be prescribed by this
20Act or required of him by the board, not inconsistent with this
21Act.
22(Source: P.A. 91-357, eff. 7-29-99.)
 
23    (70 ILCS 2905/5-6 new)
24    Sec. 5-6. Government Reporting Enhancement and
25Transparency Act.

 

 

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1    (a) For fiscal years ending before January 1, 2028,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of a sanitary district
4organized under this Act shall be subject to the Governmental
5Account Audit Act.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of a sanitary district
9organized under this Act shall be subject to the Government
10Reporting Enhancement and Transparency Act.
 
11    Section 900-290. The Sanitary District Revenue Bond Act is
12amended by changing Section 8 and by adding Section 23 as
13follows:
 
14    (70 ILCS 3010/8)  (from Ch. 42, par. 319.8)
15    Sec. 8. Every sanitary district which issues bonds under
16this Act shall install and maintain a proper system of
17accounts showing the amount of revenue received from the
18sewerage system and the application of that revenue. For
19fiscal years ending before January 1, 2028, at At least once
20each year the sanitary district shall have the accounts
21properly audited. A report of that audit shall be open for
22inspection at all proper times to any taxpayer, sewerage
23system user, or the holder of any bond issued under this Act,
24or their respective representatives.

 

 

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1(Source: Laws 1941, vol. 2, p. 435.)
 
2    (70 ILCS 3010/23 new)
3    Sec. 23. Government Reporting Enhancement and Transparency
4Act.
5    (a) For fiscal years ending before January 1, 2028,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of each sanitary district
8shall be subject to the Governmental Account Audit Act.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of each sanitary district
12shall be subject to the Government Reporting Enhancement and
13Transparency Act.
 
14    Section 900-293. The Eastern Will Sanitary District Act is
15amended by adding Section 25 as follows:
 
16    (70 ILCS 3020/25 new)
17    Sec. 25. Government Reporting Enhancement and Transparency
18Act.
19    (a) For fiscal years ending before January 1, 2028,
20notwithstanding any other provision of law to the contrary,
21the operations and fiscal activities of each sanitary district
22shall be subject to the Governmental Account Audit Act.
23    (b) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of each sanitary district
3shall be subject to the Government Reporting Enhancement and
4Transparency Act.
 
5    Section 900-295. The Solid Waste Disposal District Act is
6amended by changing Section 10 and by adding Sections 26 and 30
7as follows:
 
8    (70 ILCS 3105/10)  (from Ch. 85, par. 1660)
9    Sec. 10. Within 60 days after their selection, the
10trustees shall organize by selecting from their members a
11president, secretary, treasurer and such other officers as are
12deemed necessary, who shall hold office for the fiscal year in
13which elected and until their successors are selected and
14qualify. Three trustees shall constitute a quorum of the board
15for the transaction of business. The board shall hold regular
16monthly meetings. Special meetings may be called by the
17president and shall be called on the request of a majority of
18members as may be required.
19    The board shall provide for the proper and safe keeping of
20its permanent records and for the recording of the corporate
21action of the district. It shall keep a proper system of
22accounts showing a true and accurate record of its receipts
23and disbursements and it shall cause an annual audit to be made
24of its books, records and accounts for fiscal years ending

 

 

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1before January 1, 2028.
2    The records of the district shall be subject to public
3inspection at all reasonable hours and under such regulations
4as the board may prescribe.
5    The district shall annually make a full and complete
6report to the county board of each county within the district
7or, if the boundaries of the district are not coextensive with
8a county or counties, to the board of township trustees of each
9township within the district and to the Environmental
10Protection Agency of its transactions and operations for the
11preceding year. Such report shall contain a full statement of
12its receipts, disbursements and the program of work for the
13period covered, and may include such recommendations as may be
14deemed advisable.
15    Executive or ministerial duties may be delegated to one or
16more trustees or to an authorized officer, employee, agent,
17attorney or other representative of the district.
18    All officers and employees authorized to receive or retain
19the custody of money or to sign vouchers, checks, warrants or
20evidences of indebtedness binding upon the district shall
21furnish surety bond for the faithful performance of their
22duties and the faithful accounting for all moneys that may
23come into their hands in an amount to be fixed and in a form to
24be approved by the board.
25    All contracts for supplies, material or work involving an
26expenditure in excess of $1,500 shall be let to the lowest

 

 

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1responsible bidder, after due advertisement except work
2requiring personal confidence or necessary supplies under the
3control of monopolies, where competitive bidding is
4impossible. All contracts for supplies, material or work shall
5be signed by the president of the board and by any such other
6office as the board in its discretion may designate.
7(Source: P.A. 80-689.)
 
8    (70 ILCS 3105/26 new)
9    Sec. 26. Government Reporting Enhancement and Transparency
10Act.
11    (a) For fiscal years ending before January 1, 2028,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of each district shall be
14subject to the Governmental Account Audit Act.
15    (b) For fiscal years beginning after December 31, 2027,
16notwithstanding any other provision of law to the contrary,
17the operations and fiscal activities of each district shall be
18subject to the Government Reporting Enhancement and
19Transparency Act.
 
20    (70 ILCS 3105/30 new)
21    Sec. 30. Government Reporting Enhancement and Transparency
22Act.
23    (a) For fiscal years ending before January 1, 2028,
24notwithstanding any other provision of law to the contrary,

 

 

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1the operations and fiscal activities of each district shall be
2subject to the Governmental Account Audit Act.
3    (b) For fiscal years beginning after December 31, 2027,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of each district shall be
6subject to the Government Reporting Enhancement and
7Transparency Act.
 
8    Section 900-300. The Street Light District Act is amended
9by adding Section 5.2 as follows:
 
10    (70 ILCS 3305/5.2 new)
11    Sec. 5.2. Government Reporting Enhancement and
12Transparency Act.
13    (a) For fiscal years ending before January 1, 2028,
14notwithstanding any other provision of law to the contrary,
15the operations and fiscal activities of each district shall be
16subject to the Governmental Account Audit Act.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of each district shall be
20subject to the Government Reporting Enhancement and
21Transparency Act.
 
22    Section 900-305. The Surface Water Protection District Act
23is amended by adding Section 30 as follows:
 

 

 

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1    (70 ILCS 3405/30 new)
2    Sec. 30. Government Reporting Enhancement and Transparency
3Act.
4    (a) For fiscal years ending before January 1, 2028,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of the River Valley
7Special Recreation Association shall be subject to the
8Governmental Account Audit Act.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of the River Valley
12Special Recreation Association shall be subject to the
13Government Reporting Enhancement and Transparency Act.
 
14    Section 900-310. The Metropolitan Transit Authority Act is
15amended by changing Section 35 as follows:
 
16    (70 ILCS 3605/35)  (from Ch. 111 2/3, par. 335)
17    Sec. 35. Government Reporting Enhancement and Transparency
18Act.
19    (a) For fiscal years ending before January 1, 2028, as As
20soon after the end of each fiscal year as may be expedient, the
21Board shall cause to be prepared and printed a complete and
22detailed report and financial statement of its operations and
23of its assets and liabilities. A reasonably sufficient number

 

 

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1of copies of such report shall be printed for distribution to
2persons interested, upon request, and a copy thereof shall be
3filed with the Governor, the county clerk of Cook County and
4the clerk of each municipality which has adopted this Act, or
5which has granted rights to the Authority by ordinance. A copy
6of such report shall be addressed to and mailed to the Mayor
7and City Council or President and Board of Trustees of such
8municipality.
9    (b) For fiscal years beginning after December 31, 2027,
10notwithstanding any other provision of law to the contrary,
11the operations and fiscal activities of the Authority shall be
12subject to the Government Reporting Enhancement and
13Transparency Act.
14(Source: P.A. 84-939.)
 
15    Section 900-315. The Local Mass Transit District Act is
16amended by changing Section 7 as follows:
 
17    (70 ILCS 3610/7)  (from Ch. 111 2/3, par. 357)
18    Sec. 7. Government Reporting Enhancement and Transparency
19Act.
20    (a) For fiscal years ending before January 1, 2028, it It
21shall be the duty of the Board of Trustees of every District to
22cause an annual audit of its accounts to be made by a certified
23public accountant of Illinois. The audit shall be completed,
24filed with the District within 4 months after the close of each

 

 

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1fiscal year of the District. Certified copies of annual audits
2shall likewise be filed with the Secretary of State and with
3the governing body or bodies which created the District.
4    (b) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary,
6the operations and fiscal activities of each district shall be
7subject to the Government Reporting Enhancement and
8Transparency Act.
9(Source: Laws 1959, p. 1635.)
 
10    Section 900-320. The Regional Transportation Authority Act
11is amended by changing Section 4.05 and by adding Section 4.17
12as follows:
 
13    (70 ILCS 3615/4.05)  (from Ch. 111 2/3, par. 704.05)
14    Sec. 4.05. Financial Statements and Annual Reports.
15    (a) Within 7 six months after the end of each fiscal year,
16the Board shall prepare a complete and detailed report
17consolidating the financial statements audits of the Service
18Boards with the Authority's financial statements. The
19consolidated financial statements shall set forth the
20        (1) revenues and expenses;
21        (2) cash flows where applicable;
22        (3) assets, deferred outflows of resources,
23    liabilities, deferred inflows of resources, fund balance
24    or net position of each entity and the combined total with

 

 

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1    appropriate eliminations; and
2        (4) notes to the consolidated financial statements.
3    (b) In addition to consolidated financial statements, the
4report prepared pursuant to subsection (a) shall review and
5reviewing the state State of the Authority, the Service
6Boards, and of the public transportation provided by the
7various Service Boards and transportation agencies. The report
8shall include evaluations of public transportation in the
9metropolitan region and of the fiscal activities of the
10Authority and the Service Boards Authority's activities, and
11financial statements of the Authority's and the Service
12Boards' revenues and expenditures for such year and of their
13assets and liabilities, which financial statements shall have
14been audited by an independent certified public accountant.
15    (c) In addition to consolidated financial statements, the
16report prepared pursuant to subsection (a) The report shall
17also set forth the financial results as reported to the
18Service Boards from each transportation agency which during
19such year had a purchase of service agreement with a Service
20Board or which received financial grants or financial
21assistance from a Service Board, such results to be set forth
22separately for each such agency.
23    (d) A sufficient number of copies of each annual report
24shall be printed for distribution to anyone, upon request, and
25a copy thereof shall be filed with the Governor, the State
26Comptroller, the Speaker and Minority Leader of the Illinois

 

 

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1House of Representatives, the President and Minority Leader of
2the Illinois Senate, the Mayor of the City of Chicago and the
3President or Chairman of the county board of each county in the
4metropolitan region, each Service Board, and with each
5transportation agency which during such year had a purchase of
6service agreement with a Service Board or which received
7financial grants or other financial assistance from a Service
8Board.
9(Source: P.A. 83-1362.)
 
10    (70 ILCS 3615/4.17 new)
11    Sec. 4.17. Government Reporting Enhancement and
12Transparency Act. For fiscal years beginning after December
1331, 2027, notwithstanding any other provision of law to the
14contrary, the operations and fiscal activities of each Service
15Board and the Authority shall be subject to the Government
16Reporting Enhancement and Transparency Act.
 
17    Section 900-325. The Public Water District Act is amended
18by changing Section 14 as follows:
 
19    (70 ILCS 3705/14)  (from Ch. 111 2/3, par. 201)
20    Sec. 14. Government Reporting Enhancement and Transparency
21Act.
22    (a) It shall be the duty of the board of trustees to
23install and maintain a proper system of accounts showing

 

 

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1receipts from operation and the application of the same, and
2the board shall at least once a year cause such accounts to be
3properly audited by a licensed Certified Public Accountant
4permitted to perform audits under the Illinois Public
5Accounting Act for fiscal years ending before January 1, 2028.
6    (b) For fiscal years beginning after December 31, 2027,
7notwithstanding any other provision of law to the contrary,
8the operations and fiscal activities of a water district shall
9be subject to the Government Reporting Enhancement and
10Transparency Act.
11(Source: P.A. 94-465, eff. 8-4-05.)
 
12    Section 900-330. The Water Service District Act is amended
13by adding Sections 14 as follows:
 
14    (70 ILCS 3710/14 new)
15    Sec. 14. Government Reporting Enhancement and Transparency
16Act.
17    (a) For fiscal years ending before January 1, 2028,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of each district shall be
20subject to the Governmental Account Audit Act.
21    (b) For fiscal years beginning after December 31, 2027,
22notwithstanding any other provision of law to the contrary,
23the operations and fiscal activities of each district shall be
24subject to the Government Reporting Enhancement and

 

 

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1Transparency Act.
 
2    Section 900-333. The Water Authorities Act is amended by
3adding Section 6d as follows:
 
4    (70 ILCS 3715/6d new)
5    Sec. 6d. Government Reporting Enhancement and Transparency
6Act.
7    (a) For fiscal years ending before January 1, 2028,
8notwithstanding any other provision of law to the contrary,
9the operations and fiscal activities of each district shall be
10subject to the Governmental Account Audit Act.
11    (b) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of each district shall be
14subject to the Government Reporting Enhancement and
15Transparency Act.
 
16    Section 900-335. The Water Commission Act of 1985 is
17amended by changing Section 0.001b and by adding Section 6 as
18follows:
 
19    (70 ILCS 3720/0.001b)
20    Sec. 0.001b. Powers and duties. A water commission has the
21power and duty to:
22        (1) establish and define the responsibilities of the

 

 

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1    commission and its committees;
2        (2) establish and define the responsibilities of the
3    commission's management and staff;
4        (3) establish a finance committee to conduct monthly
5    meetings to supervise staff's handling of financial
6    matters and budgeting;
7        (4) require the finance director and treasurer to
8    report to the finance committee the status of all
9    commission funds and obligations;
10        (5) require the treasurer to report to the commission
11    any improper or unnecessary expenditures, budgetary
12    errors, or accounting irregularities;
13        (6) require commission staff to document and comply
14    with standard accounting policies, procedures, and
15    controls to ensure accurate reporting to the finance
16    committee and commission and to identify improper or
17    unnecessary expenditures, budgetary errors, or accounting
18    irregularities;
19        (7) require the commission's finance director to
20    provide monthly reports regarding the commission's cash
21    and investment position including whether the commission
22    has sufficient cash and investments to pay its debt
23    service, operating expenses, and capital expenditures and
24    maintain required reserve levels. The information shall
25    include the required funding levels for restricted funds
26    and unrestricted cash and investment balances with

 

 

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1    comparisons to unrestricted reserves. The information
2    shall also include the type and performance of the
3    commission's investments and description as to whether
4    those investments are in compliance with the commission's
5    investment policies;
6        (8) require the commission's finance director to
7    provide the commission with detailed information
8    concerning the commission's operating performance
9    including the budgeted and actual monthly amounts for
10    water sales, water costs, and other operating expenses;
11        (9) require commission staff to provide the commission
12    with detailed information regarding the progress of
13    capital projects including whether the percentage of
14    completion and costs incurred are timely;
15        (10) require the commission's staff accountant to
16    perform bank reconciliations and general ledger account
17    reconciliations on a monthly basis; the finance director
18    shall review these reconciliations and provide them to the
19    treasurer and the finance committee on a monthly basis;
20        (11) establish policies to ensure the proper
21    segregation of the financial duties performed by
22    employees;
23        (12) restrict access to the established accounting
24    systems and general ledger systems and provide for
25    adequate segregation of duties so that no single person
26    has sole access and control over the accounting system or

 

 

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1    the general ledger system;
2        (13) require that the finance director review and
3    approve all manual journal entries and supporting
4    documentation; the treasurer shall review and approve the
5    finance director's review and approval of manual journal
6    entries and supporting documentation;
7        (14) require that the finance director closely monitor
8    the progress of construction projects;
9        (15) require that the finance director carefully
10    document any GAAP analysis or communications with GASB and
11    provide full and timely reports for the same to the
12    finance committee;
13        (16) retain an outside independent auditor to perform
14    a comprehensive audit of the water commission's financial
15    activities for each fiscal year in conformance with the
16    standard practices of the Association of Governmental
17    Auditors for fiscal years ending before January 1, 2028;
18    within 30 days after the independent audit is completed,
19    the results of the audit must be sent to the county
20    auditor; and
21        (17) (blank).
22(Source: P.A. 104-328, eff. 1-1-26.)
 
23    (70 ILCS 3720/6 new)
24    Sec. 6. Government Reporting Enhancement and Transparency
25Act.

 

 

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1    (a) For fiscal years ending before January 1, 2028,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of each water commission
4shall be subject to the Governmental Account Audit Act.
5    (b) For fiscal years beginning after December 31, 2027,
6notwithstanding any other provision of law to the contrary,
7the operations and fiscal activities of each water commission
8shall be subject to the Government Reporting Enhancement and
9Transparency Act.
 
10    Section 900-340. The Illinois Local Library Act is amended
11by changing Section 4-10 as follows:
 
12    (75 ILCS 5/4-10)  (from Ch. 81, par. 4-10)
13    Sec. 4-10. Reports and audits.
14    (a) Within 60 days after the expiration of each fiscal
15year of the city, incorporated town, village or township, the
16board of trustees shall make a report of the condition of their
17trust on the last day of the fiscal year, to the city council,
18board of trustees or board of town trustees, as the case may
19be. This report shall be made in writing and shall be verified
20under oath by the secretary, or some other responsible officer
21of the board of trustees. It shall contain (1) an itemized
22statement of the various sums of money received from the
23library fund and from other sources; (2) an itemized statement
24of the objects and purposes for which those sums of money have

 

 

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1been expended; (3) a statement of the number of books and
2periodicals available for use, and the number and character
3thereof circulated; (4) a statement of the real and personal
4property acquired by legacy, purchase, gift or otherwise; (5)
5a statement of the character of any extensions of library
6service which have been undertaken; (6) (blank); (7) a
7statement as to the amount of accumulations and the reasons
8therefor; (8) a statement as to any outstanding liabilities
9including those for bonds still outstanding or amounts due for
10judgments, settlements, liability insurance, or for amounts
11due under a certificate of the board; (9) any other
12statistics, information and suggestions that may be of
13interest. A report shall also be filed, at the same time, with
14the Illinois State Library.
15    (b) The board of trustees of a municipal library shall
16also submit to the city council, board of trustees or board of
17town trustees, along with the Illinois State Library, a
18statement of financial requirements of the library for the
19ensuing fiscal year for inclusion in the appropriation of the
20corporate authority, and of the amount of money which, in the
21judgment of the board of library trustees, will be necessary
22to levy for library purposes in the next annual tax levy
23ordinance. This statement shall be submitted no less than 60
24days prior to when the tax levy must be certified under
25subsection (b) of Section 18-15 of the Property Tax Code.
26    (c)The board of trustees in a township shall also submit

 

 

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1its appropriation and levy determinations to the Board of
2Township Trustees as provided in "The Illinois Municipal
3Budget Law", as amended.
4    (d) For fiscal years beginning after December 31, 2027,
5notwithstanding any other provision of law to the contrary, if
6the library is a separate legal entity from a village,
7incorporated town, or township, the operations and fiscal
8activities of the library shall be subject to the Government
9Reporting Enhancement and Transparency Act.
10(Source: P.A. 100-245, eff. 8-22-17.)
 
11    Section 900-345. The Illinois Library System Act is
12amended by changing Section 10 as follows:
 
13    (75 ILCS 10/10)  (from Ch. 81, par. 120)
14    Sec. 10. Government Reporting Enhancement and Transparency
15Act.
16    (a) Each library system receiving state aid shall furnish
17an annual report and such information regarding its library
18service as the State Librarian may from time to time require.
19The State Librarian may revoke his approval of a library
20system if he finds that it does not conform to the plan of
21service or the regulations promulgated by the State Librarian;
22or in case of a provisional approval, if such library system
23does not fulfill the terms upon which provisional approval was
24based. In such a case a library system shall not thereafter be

 

 

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1entitled to state aid until its bylaws or plan of service is
2again approved by the State Librarian.
3    (b) For fiscal years beginning after December 31, 2027,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of each library system
6shall be subject to the Government Reporting Enhancement and
7Transparency Act.
8(Source: P.A. 83-411.)
 
9    Section 900-350. The Public Library District Act of 1991
10is amended by changing Sections 30-45 and 30-65 as follows:
 
11    (75 ILCS 16/30-45)
12    Sec. 30-45. Duties of officers.
13    (a) The duties of the officers of the board are as provided
14in this Section.
15    (b) The president shall preside over all meetings, appoint
16members of committees authorized by the district's
17regulations, and perform other duties specified by the
18district's regulations, ordinances, or other appropriate
19action. In the president's absence, the vice president shall
20preside at meetings. The president shall not have or exercise
21veto powers.
22    (c) The vice president's duties shall be prescribed by
23regulations.
24    (d) The treasurer shall keep and maintain accounts and

 

 

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1records of the district during the treasurer's term in office,
2indicating in those accounts and records a record of all
3receipts, disbursements, and balances in any funds.
4    For fiscal years ending before January 1, 2028, annual
5Annual audit and financial report requirements shall conform
6with Section 3 of the Governmental Account Audit Act.
7    (e) The treasurer shall give bond to the district to
8faithfully discharge the duties of the office and to account
9to the district for all district funds coming into the
10treasurer's hands. The bond shall be in an amount and with
11sureties approved by the board. The amount of the bond shall be
12based upon a minimum of 10% of the total funds received by the
13district in the last previous fiscal year. The cost of any
14surety bond shall be borne by the district. As an alternative
15to a personal bond on the treasurer, the treasurer may secure
16for the district an insurance policy or other insurance
17instrument that provides the district with coverage for
18negligent or intentional acts by district officials and
19employees that could result in the loss of district funds. The
20coverage shall be in an amount at least equal to 10% of the
21average amount of the district's operating fund from the prior
223 fiscal years. The coverage shall be placed with an insurer
23approved by the board. The cost of any such coverage shall be
24borne by the district. The system shall provide the Illinois
25State Library a copy of the district's certificate of
26insurance at the time the district's annual report is filed.

 

 

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1    (f) Any person, entity, or public body or agency
2possessing district funds, property, or records shall, upon
3demand by any trustee, transfer and release the funds,
4property, or records to the treasurer.
5    (g) The secretary shall keep and maintain appropriate
6records for his or her term in office and shall include in
7those records a record of the minutes of all meetings, the
8names of those in attendance, the ordinances enacted, the
9resolutions and regulations adopted, and all other pertinent
10written matter affecting the operation of the district. The
11secretary may administer oaths and affirmations for the
12purposes of this Act.
13(Source: P.A. 103-592, eff. 6-7-24.)
 
14    (75 ILCS 16/30-65)
15    Sec. 30-65. Reports and audits.
16    (a) For fiscal years ending before January 1, 2028, on On
17or before September 1 of each year, the board shall prepare a
18written report for the past fiscal year. The secretary shall
19file certified copies of the report on or before the due date
20with the Illinois State Librarian and in the library or
21libraries operated by the district, where the report shall be
22available for public inspection. The report shall include the
23following:
24        (1) The audit of the secretary and the secretary's
25    records as provided in subsection (c).

 

 

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1        (2) A statement as to any change in the limits and
2    boundaries of the district.
3        (3) A statement as to property of any type acquired by
4    the district by purchase, legacy, gift, or otherwise.
5        (4) A statement as to the amount of accumulations and
6    the reasons for the accumulations.
7        (5) A statement as to any outstanding liabilities,
8    including those for bonds still outstanding.
9        (6) Any other pertinent information requested by the
10    Illinois State Librarian.
11    (b) For fiscal years ending before January 1, 2028, where
12Where dissolution of the district has been approved, the board
13shall prepare a final report.
14    (c) For fiscal years ending before January 1, 2028, the
15The secretary's records shall be audited by 2 other trustees
16appointed by the president. The audit shall be conducted each
17fiscal year and upon the change of secretaries. The audit
18report shall be filed not later than 90 days following the
19completion of the fiscal year. The report shall certify the
20accuracy and completeness of the secretary's records and shall
21list the discrepancies, if any. The report of the audit of the
22secretary's records shall be made a part of the secretary's
23records.
24    (d) The board shall take whatever action is deemed
25necessary to cure the discrepancies reported to it by any
26audit committee.

 

 

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1    (e) For fiscal years beginning after December 31, 2027,
2notwithstanding any other provision of law to the contrary,
3the operations and fiscal activities of the district shall be
4subject to the Government Reporting Enhancement and
5Transparency Act.
6(Source: P.A. 87-1277; 88-442; 88-670, eff. 12-2-94.)
 
7    Section 900-355. The Village Library and Gymnasium Tax Act
8is amended by adding Section 3 as follows:
 
9    (75 ILCS 50/3 new)
10    Sec. 3. Government Reporting Enhancement and Transparency
11Act. For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary, if
13the library is a separate legal entity from the village, the
14operations and fiscal activities of the library shall be
15subject to the Government Reporting Enhancement and
16Transparency Act.
 
17    Section 900-360. The Public Community College Act is
18amended by changing Sections 3-22.1, 3-22.2, and 7-24 as
19follows:
 
20    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
21    Sec. 3-22.1. Government Reporting Enhancement and
22Transparency Act.

 

 

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1    (a) For fiscal years ending before January 1, 2028, the
2board shall To cause an audit to be made as of the end of each
3fiscal year by an accountant licensed to practice public
4accounting in Illinois and appointed by the board. The auditor
5shall perform his or her examination in accordance with
6generally accepted auditing standards and regulations
7prescribed by the State Board, and submit his or her report
8thereon in accordance with generally accepted accounting
9principles. The examination and report shall include a
10verification of student enrollments and any other bases upon
11which claims are filed with the State Board. The audit report
12shall include a statement of the scope and findings of the
13audit and a professional opinion signed by the auditor. If a
14professional opinion is denied by the auditor he or she shall
15set forth the reasons for that denial. The board shall not
16limit the scope of the examination to the extent that the
17effect of such limitation will result in the qualification of
18the auditor's professional opinion. The procedures for payment
19for the expenses of the audit shall be in accordance with
20Section 9 of the Governmental Account Audit Act. Copies of the
21audit report shall be filed with the State Board in accordance
22with regulations prescribed by the State Board.
23    (b) For fiscal years beginning after December 31, 2027,
24notwithstanding any other provision of law to the contrary,
25the operations and fiscal activities of the Board shall be
26subject to the Government Reporting Enhancement and

 

 

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1Transparency Act.
2(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19.)
 
3    (110 ILCS 805/3-22.2)  (from Ch. 122, par. 103-22.2)
4    Sec. 3-22.2. For fiscal years ending before January 1,
52028, the board shall To publish annually a financial
6statement in accordance with rules and regulations issued by
7the State Board. Such statement shall be published at least
8once in a newspaper of general circulation in the community
9college district.
10(Source: P.A. 79-304.)
 
11    (110 ILCS 805/7-24)  (from Ch. 122, par. 107-24)
12    Sec. 7-24. Government Reporting Enhancement and
13Transparency Act.
14    (a) For fiscal years ending before January 1, 2028, the
15The board shall yearly, and may as often as necessary, appoint
16certified public accountants to examine the business methods
17and audit the accounts of the board, and to submit a report of
18that examination and audit, together with any of their
19recommendations as to changes in business methods of the board
20or any of its departments, officers or employees. That report
21shall be made to the mayor, the city council, and the board and
22be filed in the records of the board. The board shall prepare,
23publish and transmit to the mayor and the city council an
24annual report including in detail all receipts and

 

 

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1expenditures, specifying the source of the receipts and the
2objects of the expenditures.
3    (b) For fiscal years beginning after December 31, 2027,
4notwithstanding any other provision of law to the contrary,
5the operations and fiscal activities of the Board shall be
6subject to the Government Reporting Enhancement and
7Transparency Act.
8(Source: P.A. 83-343.)
 
9    Section 900-365. The Housing Authorities Act is amended by
10changing Section 8.10 as follows:
 
11    (310 ILCS 10/8.10)  (from Ch. 67 1/2, par. 8.10)
12    Sec. 8.10. Government Reporting Enhancement and
13Transparency Act.
14    (a) For fiscal years ending before January 1, 2028, as As a
15part of its annual report, every Housing Authority shall
16present statements setting forth for each project of the
17Housing Authority a balance sheet, a classified statement of
18revenues and expenditures and of receipts and disbursements
19and a surplus statement, and also a consolidated balance sheet
20and consolidated classified statements of revenues and
21expenditures, and of receipts and disbursements and a surplus
22statement reflecting the financial status and condition of the
23Housing Authority as a whole as of the close of the immediately
24preceding fiscal year. All statements shall be made separately

 

 

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1for bond interest and retirement, capital and operating
2accounts. The report for the Housing Authority in any
3municipality containing over 500,000 inhabitants shall also
4include a separate statement setting out the total amount of
5rent received for, and the amount of money expended on, each
6housing project as that term is defined in Section 17 (g) of
7this Act under the jurisdiction of the Housing Authority and
8shall also include a complete schedule of salaries in effect
9on the date of the report and to whom such salaries are paid.
10The report for Housing Authorities other than those in
11municipalities containing over 500,000 inhabitants shall
12include a separate statement setting out in detail the exact
13amount of rent received for, and the amount of money expended
14on, each housing project as that term is defined in Section 17
15(g) of this Act under the jurisdiction of the Housing
16Authority and shall also include a complete schedule of the
17salaries in effect on the date of the report and to whom
18salaries are being paid. All statements shall be made
19separately for bond interest and retirement, capital and
20operating accounts. The annual report of every Housing
21Authority shall also include the amount or amounts of service
22charge or charges paid or proffered to the County Collector or
23to the appropriate officer or officers, of any municipal
24corporation in lieu of normal real estate taxes, identified to
25show the year or years and project or projects for which
26payment was made or proffered. The requirements of this

 

 

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1Section can be fulfilled by the filing of an annual certified
2audit conducted in accordance with federal Housing and Urban
3Development requirements with the presiding officers and
4legislative authorities of the city, village, incorporated
5town or county.
6    (b) For fiscal years ending before January 1, 2028, in In
7addition to all other information required herein, the Housing
8Authority in any municipality or county containing over
9500,000 inhabitants shall prepare and maintain a summary
10tabulation for each project for the period covered by the
11annual report showing the number of and size of individual
12housing accommodations; the number of units occupied by
13families in the various income groups; the total number of
14persons; the age group of the head of the household of
15move-ins; the number of persons comprising the household; the
16rent schedules for determining contract rents; and the number
17of workers per family moving in; the year of admission of
18families to public housing; the number of move-ins with the
19size of family; income groups of families moving in; size of
20unit occupied by families moving in or out; and information as
21to family composition; and information as to number of
22families receiving public assistance or social security
23benefits. All information shall be a matter of public record
24and shall be made available by the Housing Authority, on
25request, at any reasonable time without fee or reward.
26    (c) For fiscal years beginning after December 31, 2027,

 

 

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1notwithstanding any other provision of law to the contrary,
2the operations and fiscal activities of the Housing Authority
3shall be subject to the Government Reporting Enhancement and
4Transparency Act.
5(Source: P.A. 87-200.)
 
6    Section 900-370. The Illinois Highway Code is amended by
7adding Section 6-145 as follows:
 
8    (605 ILCS 5/6-145 new)
9    Sec. 6-145. Government Reporting Enhancement and
10Transparency Act.
11    (a) For fiscal years beginning after December 31, 2027,
12notwithstanding any other provision of law to the contrary,
13the operations and fiscal activities of each township and road
14district comprised of a single township shall be combined and
15shall be subject to the Government Reporting Enhancement and
16Transparency Act.
17    (b) For fiscal years beginning after December 31, 2027,
18notwithstanding any other provision of law to the contrary,
19the operations and fiscal activities of each road district
20other than a road district comprised of a single township
21shall be subject to the Government Reporting Enhancement and
22Transparency Act.
 
23    Section 900-375. The Clerks of Courts Act is amended by

 

 

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1changing Section 27.8 as follows:
 
2    (705 ILCS 105/27.8)
3    Sec. 27.8. Annual audit.
4    (a) Beginning with fiscal years ending in 1999 and until
5the fiscal year beginning before January 1, 2028 all fiscal
6years thereafter, in addition to any other audits required by
7law, the county board of each county shall cause an audit of
8the office of the circuit clerk to be made annually at the
9close of the county's fiscal year by a licensed public
10accountant. The county auditor and his or her staff may assist
11with the audit. The audit shall consist of a letter report that
12expresses an opinion on the financial statements of the
13circuit clerk, a letter report that expresses an opinion on
14internal controls of the circuit clerk, a letter report on the
15circuit clerk's compliance with applicable statutes, rules,
16and procedures relating to assessment, collection, and
17distribution of funds, including the timeliness of those
18actions, any documentation or statements necessary to support
19the findings and opinions of the auditors, and any
20supplemental schedules or other documents required by the
21audit guidelines. A listing of applicable legal requirements
22shall be compiled by the Administrative Office of the Illinois
23Courts and made available to auditors for their compliance
24testing.
25    The county board may include additional requirements in

 

 

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1the audit.
2    (b) The audits shall be completed in accordance with
3generally accepted government auditing standards and generally
4accepted auditing standards. The audit shall be completed
5within 6 months after the end of the fiscal year. The county
6board may grant an extension of up to 6 months for the
7completion of the audit.
8    (c) The expenses of conducting and filing the audit shall
9be paid by the county from the circuit clerk's appropriations,
10and the county board shall make provisions for the payment
11unless another person or entity agrees, in writing, to pay the
12expenses.
13    (d) The audit shall be filed with the Administrative
14Office of the Illinois Courts, the State Comptroller, the
15circuit clerk, and the county board within one month after the
16completion of the audit.
17    (e) The Administrative Office of the Illinois Courts shall
18disseminate auditing guidelines to the county boards and the
19circuit clerks. The Auditor General's Office shall update,
20with the assistance of the Administrative Office of the
21Illinois Courts, the auditing guidelines as necessary from
22time to time. Revised guidelines shall be available to the
23Administrative Office of the Illinois Courts for dissemination
24to the county boards and the circuit clerks.
25    (f) The auditing requirements of this Section may be
26included in the audit required by Section 6-31003 of the

 

 

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1Counties Code.
2    (g) This Section is intended to require a comprehensive
3audit of the circuit clerks and to eliminate duplicative
4audits of the circuit clerk. The audit performed under this
5Section shall be available, upon request, to the public.
6(Source: P.A. 90-350, eff. 1-1-98; 90-655, eff. 7-30-98.)
 
7
ARTICLE 999

 
8    Section 999-99. Effective date. This Act takes effect upon
9becoming law.