103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5011

 

Introduced 2/8/2024, by Rep. Bradley Fritts

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 310/2  from Ch. 85, par. 702
50 ILCS 310/3  from Ch. 85, par. 703
50 ILCS 310/6  from Ch. 85, par. 706

    Amends the Governmental Account Audit Act. In provisions requiring an annual audit by a governmental unit to be performed of all the accounts and funds of the governmental unit, provides that township accounts and funds audited under the provisions do not include road district accounts or funds. In provisions relating to the type of audit report a governmental unit must provide based upon whether the unit has revenue of less or more than $850,000, provides that township revenue shall be calculated exclusive of road district funds. Effective immediately.


LRB103 38092 AWJ 68224 b

 

 

A BILL FOR

 

HB5011LRB103 38092 AWJ 68224 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Governmental Account Audit Act is amended
5by changing Sections 2, 3, and 6 as follows:
 
6    (50 ILCS 310/2)  (from Ch. 85, par. 702)
7    Sec. 2. Except as otherwise provided in Section 3, the
8governing body of each governmental unit shall cause an audit
9of the accounts of the unit to be made by an auditor or
10auditors. Such audit shall be performed annually and shall
11cover the immediately preceding fiscal year of the
12governmental unit. The audit shall include all the accounts
13and funds of the governmental unit, including the accounts of
14any officer of the governmental unit who receives fees or
15handles funds of the unit or who spends money of the unit. The
16audit shall begin as soon as possible after the close of the
17last fiscal year to which it pertains, and shall be completed
18and the audit report filed with the Comptroller within 180
19days after the close of such fiscal year unless an extension of
20time is granted by the Comptroller in writing. An audit report
21which fails to meet the requirements of this Act shall be
22rejected by the Comptroller and returned to the governing body
23of the governmental unit for corrective action. The auditor or

 

 

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1auditors performing the audit shall submit not less than 3
2copies of the audit report to the governing body of the
3governmental unit being audited. Township accounts and funds
4audited under this Section do not include road district
5accounts or funds.
6    All audits to be filed with the Comptroller under this
7Section must be submitted electronically and the Comptroller
8must post the audit reports on the Internet no later than 45
9days after they are received. If the governmental unit
10provides the Comptroller's Office with sufficient evidence
11that the audit report cannot be filed electronically, the
12Comptroller may waive this requirement. The Comptroller must
13also post a list of governmental units that are not in
14compliance with the reporting requirements set forth in this
15Section.
16    Any financial report under this Section shall include the
17name of the purchasing agent who oversees all competitively
18bid contracts. If there is no purchasing agent, the name of the
19person responsible for oversight of all competitively bid
20contracts shall be listed.
21(Source: P.A. 101-419, eff. 1-1-20.)
 
22    (50 ILCS 310/3)  (from Ch. 85, par. 703)
23    Sec. 3. Any governmental unit receiving revenue of less
24than $850,000 for any fiscal year shall, in lieu of complying
25with the requirements of Section 2 for audits and audit

 

 

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1reports, beginning with fiscal year 2016, either: (i) cause an
2audit of the accounts of the unit to be made once every 4 years
3and file with the Comptroller an annual financial report
4containing information required by the Comptroller, or (ii)
5file with the Comptroller an annual financial report
6containing information required by the Comptroller, a copy of
7which has been provided to each member of that governmental
8unit's board of elected officials, presented either in person
9or by a live phone or web connection during a public meeting,
10and approved by a 3/5 majority vote. In addition, a
11governmental unit receiving revenue of less than $850,000 may
12file with the Comptroller any audit reports which may have
13been prepared under any other law. Any governmental unit
14receiving revenue of $850,000 or more for any fiscal year
15shall, in addition to complying with the requirements of
16Section 2 for audits and audit reports, file with the
17Comptroller the financial report required by this Section.
18Such financial reports shall be on forms so designed by the
19Comptroller as not to require professional accounting services
20for its preparation. All reports to be filed with the
21Comptroller under this Section must be submitted
22electronically and the Comptroller must post the reports on
23the Internet no later than 45 days after they are received. If
24the governmental unit provides the Comptroller's Office with
25sufficient evidence that the report cannot be filed
26electronically, the Comptroller may waive this requirement.

 

 

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1The Comptroller must also post a list of governmental units
2that are not in compliance with the reporting requirements set
3forth in this Section.
4    When calculating township revenue under this Section,
5township revenue is exclusive of road district funds.
6    Any financial report under this Section shall include the
7name of the purchasing agent who oversees all competitively
8bid contracts. If there is no purchasing agent, the name of the
9person responsible for oversight of all competitively bid
10contracts shall be listed.
11(Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12;
1298-1019, eff. 7-1-15.)
 
13    (50 ILCS 310/6)  (from Ch. 85, par. 706)
14    Sec. 6. When the audit is completed the auditor making
15such audit shall make and sign at least 3 copies of the report
16of the audit and immediately file them with the governmental
17unit audited. Governmental units receiving revenue of $850,000
18or more for any fiscal year shall immediately make one copy of
19the audit report and one copy of the financial report required
20by Section 3 of this Act a part of its public record.
21Governmental units receiving revenue of less than $850,000
22shall immediately make one copy of the audit report, or one
23copy of the report authorized by Section 3 of this Act to be
24filed instead of the audit report, a part of its public record.
25These copies shall be open to public inspection. In addition,

 

 

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1the governmental unit shall file one copy of the report with
2the Comptroller and with the county clerk of the county in
3which the principal office of the governmental unit is
4located. A governmental unit may, in filing its audit report
5with the Comptroller, transmit with such report any comment or
6explanation that it wishes to make concerning the report.
7    When calculating township revenue under this Section,
8township revenue is exclusive of road district funds.
9(Source: P.A. 101-419, eff. 1-1-20.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.