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| Public Act 094-0465 |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Grant Funds Recovery Act is amended | ||||
by changing Section 13 as follows:
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(30 ILCS 705/13) (from Ch. 127, par. 2313)
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Sec. 13. Notwithstanding the requirements of any other | ||||
State law or
regulation, an institution of higher education | ||||
which conducts annual audits
of its own operations may elect to | ||||
fulfill any audit requirements with
respect to any or all State | ||||
grants which it receives by having such audit
conducted at the | ||||
time of its own annual audit at its own cost.
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The institution of higher education shall make such | ||||
election at the time
that it receives each grant. The | ||||
institution of higher education shall not
be required to elect | ||||
that all State grants be included in its annual audit.
Such | ||||
election may be for either financial or compliance audits, or | ||||
both.
In the event of such election, such audits shall fulfill | ||||
the audit
requirements of the applicable State law or | ||||
regulation authorizing such
grants except for the reporting | ||||
dates required for such audits. Such
audits shall be conducted | ||||
in accordance with generally accepted auditing
standards by | ||||
licensed Certified Public Accountants permitted to perform | ||||
audits under the Illinois Public Accounting Act
certified | ||||
public accountants authorized to do business in the
State of | ||||
Illinois.
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The provisions of this Section do not limit the authority | ||||
of any State agency
to conduct, or enter into contracts for the | ||||
conduct of, audits and
evaluations of State grant programs, nor | ||||
limit the authority of the Auditor
General. Such State agency | ||||
shall fund the cost of any such additional audits.
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(Source: P.A. 86-602.)
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Section 10. The Local Records Act is amended by changing | ||
Section 3a as follows:
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(50 ILCS 205/3a) (from Ch. 116, par. 43.103a)
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Sec. 3a. Reports and records of the obligation, receipt and | ||
use of
public funds
of the units of local government and school | ||
districts, including certified
audits, management letters and | ||
other audit reports made by the Auditor General,
County | ||
Auditors, other officers or by licensed Certified Public | ||
Accountants permitted to perform audits under the Illinois | ||
Public Accounting Act
certified public accountants licensed
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under the Illinois Public Accounting Act
and presented to the | ||
corporate authorities or boards of the units of local
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government, are public records
available for inspection by the | ||
public. These records shall be kept at the
official place of | ||
business of each unit of local government and school
district | ||
or at a designated place of business of the unit or district.
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These records shall be available for public inspection during | ||
regular
office hours except when in immediate use by persons | ||
exercising official
duties which require the use of those | ||
records. The person in charge of such
records may require a | ||
notice in writing to be submitted 24 hours prior to
inspection | ||
and may require that such notice specify which records are to | ||
be
inspected. Nothing in this Section shall require units of | ||
local
government
and school districts to invade or assist in | ||
the invasion of any person's
right to privacy.
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(Source: P.A. 91-357, eff. 7-29-99.)
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Section 15. The Illinois Municipal Code is amended by | ||
changing Sections 4-5-16, 11-65-9, 11-67-9, 11-117-13, | ||
11-122-5, and 11-123-14 as follows:
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(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
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Sec. 4-5-16. Statement of receipts and expenses; | ||
examination of books
and accounts; expenditure greater than | ||
appropriation.
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(a) In municipalities with
25,000 or more inhabitants, the | ||
council
each month shall print in pamphlet form, a detailed | ||
itemized statement of
all receipts and expenses of the | ||
municipality and a summary of its
proceedings during the | ||
preceding month. In municipalities with fewer than
25,000 | ||
inhabitants, the council shall print a similar statement
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annually
instead of monthly. The council shall furnish printed | ||
copies of each
statement
to (i) the State Library, (ii) the | ||
city library,
(iii) all the daily and
weekly newspapers with a | ||
general circulation in the municipality, and (iv)
persons who | ||
apply for a copy at the office of the municipal clerk.
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(b) At the end of each fiscal year, the council shall have | ||
licensed Certified Public Accountants permitted to perform | ||
audits under the Illinois Public Accounting Act
competent
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accountants make a full and complete examination of all books | ||
and accounts
of the municipality and shall distribute the | ||
result of
that examination in
the manner provided in this | ||
Section.
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(c) It is unlawful for the council or any commissioner to | ||
expend, directly
or indirectly, a greater amount for any | ||
municipal purpose than the amount
appropriated for that purpose | ||
in the annual appropriation ordinance passed
for that fiscal | ||
year. A violation of this provision by any member of the
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council shall constitute a petty offense.
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(Source: P.A. 93-486, eff. 1-1-04.)
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(65 ILCS 5/11-65-9) (from Ch. 24, par. 11-65-9)
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Sec. 11-65-9. Every municipality owning and operating such | ||
a
municipal convention
hall shall keep books of account for the | ||
municipal convention hall separate
and
distinct from other | ||
municipal accounts and in such manner as to
show the true
and | ||
complete financial standing and results of the municipal
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ownership and
operation. These accounts shall be so kept as to | ||
show: (1) the actual cost
to the municipality of maintenance, | ||
extension, and improvement,
(2) all operating
expenses of every | ||
description, (3) if water or other service is furnished
for the | ||
use of the municipal convention hall without charge, as nearly | ||
as
possible,
the value of that service, and also the value of | ||
any use or service
rendered by the municipal convention hall to | ||
the municipality
without charge, (4) reasonable
allowances for | ||
interest, depreciation, and insurance, and (5) estimates of
the | ||
amount of taxes that would be chargeable against the property | ||
if owned
by a private corporation. The corporate authorities | ||
shall
publish a report annually
showing the financial results, | ||
in the form specified in this section, of
the municipal | ||
ownership and operation in one or more newspapers
published in | ||
the
municipality, or, if no newspaper is published therein, | ||
then in one or more
newspapers with a general circulation | ||
within the municipality.
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The accounts of the convention hall shall be examined at | ||
least once a
year by a licensed Certified Public Accountant | ||
permitted to perform audits under the Illinois Public | ||
Accounting Act
an expert accountant who shall report to the | ||
corporate authorities the
results of his examination. This | ||
expert accountant shall be selected as the
corporate | ||
authorities may direct, and he shall receive for
his services | ||
such
compensation, to be paid out of the revenue from the | ||
municipal convention
hall, as
the corporate authorities may | ||
prescribe.
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(Source: P.A. 92-774, eff. 1-1-03.)
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(65 ILCS 5/11-67-9) (from Ch. 24, par. 11-67-9)
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Sec. 11-67-9. Every municipality owning and operating such | ||
a
municipal coliseum shall keep books of account for the | ||
coliseum separate
and distinct from other municipal accounts | ||
and in such manner as to show
the true and complete financial | ||
standing and results of the municipal
ownership and operation. | ||
These accounts shall be so kept as to show: (1)
the actual cost | ||
to the municipality of maintenance, extension, and
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improvement, (2) all operating expenses of every description, | ||
(3) if
water or other service is furnished for the use of the | ||
municipal
coliseum without charge, as nearly as possible, the | ||
value of that
service, and also the value of any use or service | ||
rendered by the
municipal coliseum to the municipality without | ||
charge, (4) reasonable
allowances for interest, depreciation, | ||
and insurance, and (5) estimates
of the amount of taxes that | ||
would be chargeable against that property if
owned by a private | ||
corporation. The corporate authorities shall have
printed | ||
annually for public distribution, a report showing the
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financial results, in the form specified in this section, of | ||
the
municipal ownership and operation.
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The accounts of the municipal coliseum shall be examined at | ||
least
once a year by a licensed Certified Public Accountant | ||
permitted to perform audits under the Illinois Public | ||
Accounting Act
an accountant, who shall report to the corporate
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authorities the results of his examination. This accountant | ||
shall be
selected as the corporate authorities may direct, and | ||
he shall receive
for his services such compensation, to be paid | ||
out of the revenue from
the municipal coliseum, as the | ||
corporate authorities may prescribe.
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-117-13) (from Ch. 24, par. 11-117-13)
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Sec. 11-117-13. Any municipality, owning a public utility, | ||
shall keep
the accounts for each public utility distinct from | ||
other municipal
accounts and in such manner as to show the true | ||
and complete financial
results of municipal ownership or | ||
ownership and operation, as the case
may be. These accounts | ||
shall be so kept as to show (1) the actual cost
of the | ||
municipality of each public utility owned; (2) all costs of
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maintenance, extension, and improvement; (3) all operating | ||
expenses of
every description, in case of municipal operation; | ||
(4) the amounts set
aside for sinking fund purposes; (5) if | ||
water or other service is
furnished for the use of a public | ||
utility without charge, as nearly as
possible, the value of | ||
that service and also the value of any similar
service rendered | ||
by each public utility to any other municipal
department | ||
without charge; (6) reasonable allowances for interest,
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depreciation, and insurance; and (7) estimates of the amount of | ||
taxes
that would be chargeable against each public utility if | ||
owned by a
private corporation.
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The corporate authorities shall print annually for public
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distribution, a report, in the form specified in this Section, | ||
showing
the financial results of the municipal ownership or | ||
ownership and
operation. The accounts of each public utility | ||
shall be examined once
each year by a licensed Certified Public | ||
Accountant permitted to perform audits under the Illinois | ||
Public Accounting Act
an expert accountant who shall report to | ||
the corporate
authorities the results of his examination. This | ||
expert accountant shall
be selected in such manner as the | ||
corporate authorities may direct, and
he shall receive for his | ||
services such compensation, to be paid out of
the revenue from | ||
each public utility, as the municipality may prescribe.
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-122-5) (from Ch. 24, par. 11-122-5)
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Sec. 11-122-5. Every city owning, or owning and operating, | ||
street railways,
shall keep the books of account for these | ||
street railways distinct from
other city accounts and in such | ||
manner as to show the true and complete
financial results of | ||
the city ownership, or ownership and operation, as the
case may | ||
be. These accounts shall be so kept as to show: (1) the actual
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cost to the city of street railways owned, (2) all costs of | ||
maintenance,
extension, and improvement, (3) all operating | ||
expenses of every
description, in case of city operation, (4) | ||
the amount set aside for
sinking fund purposes, (5) if water or | ||
other service is furnished for the
use of the street railways | ||
without charge, as nearly as possible, the value
of this | ||
service, and also the value of any similar service rendered by | ||
the
street railways to any other city department without | ||
charge, (6) reasonable
allowances for interest, depreciation, | ||
and insurance, and (7) estimates of
the amount of taxes that | ||
would be chargeable against the property if owned
by a private | ||
corporation. The city council shall print annually for public
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distribution, a report showing the financial results, in the | ||
form specified
in this section, of the city ownership, or | ||
ownership and operation.
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The accounts of those street railways, shall be examined at | ||
least once a
year by a licensed Certified Public Accountant | ||
permitted to perform audits under the Illinois Public | ||
Accounting Act
an expert accountant, who shall report to the | ||
city council the
results of his examination. This expert | ||
accountant shall be selected in
such manner as the city council | ||
may direct, and he shall receive for his
services such | ||
compensation, to be paid out of the income from those street
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railways, as the city council may prescribe.
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-123-14) (from Ch. 24, par. 11-123-14)
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Sec. 11-123-14. Every city and village owning and | ||
operating, or owning and
leasing any portion of a utility, | ||
shall keep the accounts for the utilities
separate and distinct | ||
from other municipal accounts and in such manner as
to show the | ||
true and complete financial standing and results of the
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municipal ownership and operation or of the municipal ownership | ||
and
leasing, as the case may be. These accounts shall be so | ||
kept as to show:
(1) the actual cost of the municipality of the | ||
utilities owned; (2) all
costs of maintenance, extension, and | ||
improvement; (3) all operating
expenses of every description, | ||
in case of municipal operation, whether of
the whole or of a | ||
part of the utilities; (4) if water or other service is
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furnished for the use of the utilities without charge, as | ||
nearly as
possible, the value of that service, and also the | ||
value of any service
rendered by the utilities to any | ||
reasonable allowances for interest,
depreciation, and other | ||
municipal department without charge; (5) insurance;
and (6) | ||
estimates of the amount of taxes that would be chargeable | ||
against
the utilities if owned by a private corporation. The | ||
corporate authorities
of the municipality shall have printed | ||
annually for public distribution, a
report showing the | ||
financial standing and results, in the form specified in
this | ||
section, of the municipal ownership and operation, or of | ||
municipal
ownership and leasing. This report shall be published | ||
in one or more
newspapers published in the municipality, or, if | ||
no newspaper is published
therein, then in one or more | ||
newspapers with a general circulation within
the municipality. | ||
In municipalities with less than 500 population in which
no | ||
newspaper is published, publication may instead be made by | ||
posting a
notice in 3 prominent places within the municipality.
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The accounts of the utilities shall be examined at least | ||
once a year by
a licensed Certified Public Accountant permitted | ||
to perform audits under the Illinois Public Accounting Act
an | ||
expert accountant, who shall report to the corporate | ||
authorities the
results of his examination. This expert | ||
accountant shall be selected in
such manner as the corporate | ||
authorities may direct, and he shall receive
for his services | ||
such compensation, to be paid out of the revenue from the
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utilities, as the corporate authorities may prescribe.
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(Source: Laws 1961, p. 576.)
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Section 20. The Public Water District Act is amended by | ||
changing Section 14 as follows:
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(70 ILCS 3705/14) (from Ch. 111 2/3, par. 201)
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Sec. 14. It shall be the duty of the board of trustees to | ||
install and
maintain a proper system of accounts showing | ||
receipts from operation and
the application of the same, and | ||
the board shall at least once a year cause
such accounts to be | ||
properly audited by a licensed Certified Public Accountant | ||
permitted to perform audits under the Illinois Public | ||
Accounting Act
an independent public accountant.
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(Source: Laws 1945, p. 1187.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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