HB4983sam002 98TH GENERAL ASSEMBLY

Sen. Chapin Rose

Filed: 5/16/2014

09800HB4983sam002 LRB098 16589 JLK 59606 a

AMENDMENT TO HOUSE BILL 4983

AMENDMENT NO. ______. Amend House Bill 4983 by replacing everything after the enacting clause with the following:

"Section 5. The Township Code is amended by changing Section 70-15 as follows:

(60 ILCS 1/70-15)

Sec. 70-15. Chief executive officer; fiscal duties; penalty for neglect.

(a) The supervisor is the chief executive officer of the township.

(b) The supervisor shall receive and pay out all moneys raised in the township for defraying township charges, except those raised for the support of highways and bridges, and for township library purposes.

In addition, the township board of trustees may designate a co-signer for the payout of all township moneys. Only an elected township official may serve as a co-signer. Before an elected township official may perform the duties of a co-signer, he or she shall give bond to the township with one or more sureties: (i) in at least twice the amount of money that may come into the supervisor's hands, if individuals act as sureties, or (ii) only in the amount of money that may come into the supervisor's hands if a surety company authorized to do business in this State acts as surety. The bond shall be conditioned on the faithful discharge of his or her duties as co-signer, approved by the supervisor, and filed with the township clerk. If the township board of trustees determines that the bond has been forfeited, the co-signer shall no longer have the authority granted to him or her under this Section. A co-signer's signature is not required for emergency assistance funds received under Section 6-10 of the Illinois Public Aid Code if the grant does not exceed the maximum amount for an individual recipient.

(c) The supervisor shall, within 30 days before the annual township meeting, prepare and file with the township clerk a full statement of the financial affairs of the township, showing (i) the balance (if any) received by the supervisor from his or her predecessor in office or from any other source; (ii) the amount of tax levied the preceding year for the payment of township indebtedness and charges; (iii) the amount collected and paid over to the supervisor as supervisor; (iv) the amount paid out by the supervisor and on what account, including any amount paid out on township indebtedness, specifying the nature and amount of the township indebtedness, the amount paid on the indebtedness, the amount paid on principal, and the amount paid on interest account; and (v) the amount and kind of all outstanding indebtedness due and unpaid, the amount and kind of indebtedness not yet due, and when the indebtedness not yet due will mature. The township clerk shall record the statement in the record book of the township as soon as it is filed and shall post a copy of the statement at the place of holding the annual township meeting 2 days before the meeting is held. The clerk shall also read aloud the statement to the electors at the annual township meeting.

(d) Any supervisor or township clerk who wilfully neglects to comply with this Section shall forfeit and pay to the township the sum of not less than $50 nor more than $200. The amount forfeited shall be sued for and recovered by the township in its corporate name and shall be appropriated to repairs of highways and bridges in the township.

(Source: P.A. 90-655, eff. 7-30-98.)

Section 10. The Illinois Highway Code is amended by changing Section 6-205 as follows:

(605 ILCS 5/6-205) (from Ch. 121, par. 6-205)

Sec. 6-205. The district treasurer shall receive and have charge of all moneys raised in the district for the support and maintenance of roads therein, and for road damages except such portions of the moneys which by Section 6-507 are directed to be paid to the municipalities. He or she shall hold such moneys at all times subject to the order of the highway commissioner and shall pay them over upon the order of the commissioner, such order to be countersigned by the town or district clerk. In counties under township organization such moneys, other than Social Security taxes required by the Social Security Enabling Act, shall not be paid over until the board of town trustees or highway board of auditors, as the case may be, has examined and audited the claims or charges for which such order is drawn. He or she shall keep an account in a book provided by the commissioner of all moneys received, and all moneys paid out, showing in detail to whom and on what account the same is so paid.

The township board of trustees or the highway board of auditors may designate a co-signer for the payout of all road district moneys. Only an elected township or road district official may serve as a co-signer. Before an elected township or road district official may perform the duties of a co-signer, he or she shall give bond to the road district with one or more sureties: (i) in at least twice the amount of money that may come into the road district treasurer's hands, if individuals act as sureties, or (ii) only in the amount of money that may come into the road district treasurer's hands if a surety company authorized to do business in this State acts as surety. The bond shall be conditioned on the faithful discharge of his or her duties as co-signer, approved by the road district treasurer, and filed with the county clerk. If the township board of trustees or highway board of auditors determines that the bond has been forfeited, the co-signer shall no longer have the authority granted to him or her under this Section.

The treasurer shall also present annually, within 30 days after the end of the fiscal year of the district, to the highway commissioner an itemized statement of receipts and disbursements of the district during the fiscal year just ended, which shall be sworn to.

(Source: P.A. 94-59, eff. 6-17-05.)

Section 99. Effective date. This Act takes effect January 1, 2015.".