104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1753 Introduced , by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-265 ILCS 5/8-12-3 from Ch. 24, par. 8-12-365 ILCS 5/8-12-4 from Ch. 24, par. 8-12-465 ILCS 5/8-12-4.5 new65 ILCS 5/8-12-10.5 new65 ILCS 5/8-12-21.5 new65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 Amends the Financially Distressed City Law of the Illinois Municipal Code. Provides that, if a financially distressed city or the city's Financial Advisory Authority is awarded a State grant, any moneys the financially distressed city or Authority would be required to match under the grant are waived unless the moneys under the grant come from federal moneys that require the match. Provides that a municipality's status as a financially distressed city may not negatively impact a decision of whether or not to award a State grant to the municipality or negatively impact the amount of moneys received by the municipality from a State grant. Provides that, in addition to a request by the corporate authorities of a municipality to be certified and designated as a financially distressed city, the State Comptroller may conduct a preliminary review of the municipality's finances and establish a review team to make recommendations to the Governor for a municipality to be certified and designated as a financially distressed city. In the provisions concerning review by the State Comptroller, review team, and Governor, expands the categories allowing a municipality to become a financially distressed city. Includes provisions allowing the municipality's Financial Advisory Authority to commence an action in circuit court to enforce the Law if the corporate authorities or employees of the municipality materially violate the provisions of the Law. Makes conforming and other changes. LRB104 08074 RTM 18120 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1753 Introduced , by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-265 ILCS 5/8-12-3 from Ch. 24, par. 8-12-365 ILCS 5/8-12-4 from Ch. 24, par. 8-12-465 ILCS 5/8-12-4.5 new65 ILCS 5/8-12-10.5 new65 ILCS 5/8-12-21.5 new65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 Amends the Financially Distressed City Law of the Illinois Municipal Code. Provides that, if a financially distressed city or the city's Financial Advisory Authority is awarded a State grant, any moneys the financially distressed city or Authority would be required to match under the grant are waived unless the moneys under the grant come from federal moneys that require the match. Provides that a municipality's status as a financially distressed city may not negatively impact a decision of whether or not to award a State grant to the municipality or negatively impact the amount of moneys received by the municipality from a State grant. Provides that, in addition to a request by the corporate authorities of a municipality to be certified and designated as a financially distressed city, the State Comptroller may conduct a preliminary review of the municipality's finances and establish a review team to make recommendations to the Governor for a municipality to be certified and designated as a financially distressed city. In the provisions concerning review by the State Comptroller, review team, and Governor, expands the categories allowing a municipality to become a financially distressed city. Includes provisions allowing the municipality's Financial Advisory Authority to commence an action in circuit court to enforce the Law if the corporate authorities or employees of the municipality materially violate the provisions of the Law. Makes conforming and other changes. LRB104 08074 RTM 18120 b LRB104 08074 RTM 18120 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1753 Introduced , by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-265 ILCS 5/8-12-3 from Ch. 24, par. 8-12-365 ILCS 5/8-12-4 from Ch. 24, par. 8-12-465 ILCS 5/8-12-4.5 new65 ILCS 5/8-12-10.5 new65 ILCS 5/8-12-21.5 new65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 Amends the Financially Distressed City Law of the Illinois Municipal Code. Provides that, if a financially distressed city or the city's Financial Advisory Authority is awarded a State grant, any moneys the financially distressed city or Authority would be required to match under the grant are waived unless the moneys under the grant come from federal moneys that require the match. Provides that a municipality's status as a financially distressed city may not negatively impact a decision of whether or not to award a State grant to the municipality or negatively impact the amount of moneys received by the municipality from a State grant. Provides that, in addition to a request by the corporate authorities of a municipality to be certified and designated as a financially distressed city, the State Comptroller may conduct a preliminary review of the municipality's finances and establish a review team to make recommendations to the Governor for a municipality to be certified and designated as a financially distressed city. In the provisions concerning review by the State Comptroller, review team, and Governor, expands the categories allowing a municipality to become a financially distressed city. Includes provisions allowing the municipality's Financial Advisory Authority to commence an action in circuit court to enforce the Law if the corporate authorities or employees of the municipality materially violate the provisions of the Law. Makes conforming and other changes. LRB104 08074 RTM 18120 b LRB104 08074 RTM 18120 b LRB104 08074 RTM 18120 b A BILL FOR HB1753LRB104 08074 RTM 18120 b HB1753 LRB104 08074 RTM 18120 b HB1753 LRB104 08074 RTM 18120 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 8-12-2, 8-12-3, 8-12-4, and 8-12-23 and by 6 adding Sections 8-12-4.5, 8-12-10.5, and 8-12-21.5 as follows: 7 (65 ILCS 5/8-12-2) (from Ch. 24, par. 8-12-2) 8 Sec. 8-12-2. (a) Pursuant to the authority of the General 9 Assembly to provide for the public health, safety and welfare, 10 the General Assembly hereby finds and declares that it is the 11 public policy and a public purpose of the State to offer 12 assistance to a financially distressed city so that it may 13 provide for the health, safety and welfare of its citizens, 14 pay when due principal and interest on its debt obligations, 15 meet financial obligations to its employees, vendors and 16 suppliers, and provide for proper financial accounting 17 procedures, budgeting and taxing practices, as well as 18 strengthen the human and economic development of the city. 19 (b) It is the purpose of this Division to provide a secure 20 financial basis for the continued operation of a financially 21 distressed city. The intention of the General Assembly, in 22 enacting this legislation is to establish sound, efficient and 23 generally accepted accounting, budgeting and taxing procedures 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1753 Introduced , by Rep. Debbie Meyers-Martin SYNOPSIS AS INTRODUCED: 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-265 ILCS 5/8-12-3 from Ch. 24, par. 8-12-365 ILCS 5/8-12-4 from Ch. 24, par. 8-12-465 ILCS 5/8-12-4.5 new65 ILCS 5/8-12-10.5 new65 ILCS 5/8-12-21.5 new65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 Amends the Financially Distressed City Law of the Illinois Municipal Code. Provides that, if a financially distressed city or the city's Financial Advisory Authority is awarded a State grant, any moneys the financially distressed city or Authority would be required to match under the grant are waived unless the moneys under the grant come from federal moneys that require the match. Provides that a municipality's status as a financially distressed city may not negatively impact a decision of whether or not to award a State grant to the municipality or negatively impact the amount of moneys received by the municipality from a State grant. Provides that, in addition to a request by the corporate authorities of a municipality to be certified and designated as a financially distressed city, the State Comptroller may conduct a preliminary review of the municipality's finances and establish a review team to make recommendations to the Governor for a municipality to be certified and designated as a financially distressed city. In the provisions concerning review by the State Comptroller, review team, and Governor, expands the categories allowing a municipality to become a financially distressed city. Includes provisions allowing the municipality's Financial Advisory Authority to commence an action in circuit court to enforce the Law if the corporate authorities or employees of the municipality materially violate the provisions of the Law. Makes conforming and other changes. LRB104 08074 RTM 18120 b LRB104 08074 RTM 18120 b LRB104 08074 RTM 18120 b A BILL FOR 65 ILCS 5/8-12-2 from Ch. 24, par. 8-12-2 65 ILCS 5/8-12-3 from Ch. 24, par. 8-12-3 65 ILCS 5/8-12-4 from Ch. 24, par. 8-12-4 65 ILCS 5/8-12-4.5 new 65 ILCS 5/8-12-10.5 new 65 ILCS 5/8-12-21.5 new 65 ILCS 5/8-12-23 from Ch. 24, par. 8-12-23 LRB104 08074 RTM 18120 b HB1753 LRB104 08074 RTM 18120 b HB1753- 2 -LRB104 08074 RTM 18120 b HB1753 - 2 - LRB104 08074 RTM 18120 b HB1753 - 2 - LRB104 08074 RTM 18120 b 1 and practices within a financially distressed city, to provide 2 powers to a financial advisory authority established for a 3 financially distressed city, and to impose restrictions upon a 4 financially distressed city in order to assist that city in 5 assuring its financial integrity while leaving municipal 6 services policies to the city, consistent with the 7 requirements for satisfying the public policy and purposes 8 herein set forth. 9 (c) It also is the purpose of this Division to authorize a 10 city which has been certified and designated as a financially 11 distressed city under the procedure set forth in Section 12 8-12-4, and which has by ordinance requested that a financial 13 advisory authority be appointed for the city and that the city 14 receive assistance as provided in this Division, and which has 15 filed certified copies of that ordinance in the manner 16 provided by Section 8-12-4, to enter into such agreements as 17 are necessary to receive assistance as provided in this 18 Division and in applicable provisions of the Illinois Finance 19 Authority Act. 20 (Source: P.A. 93-205, eff. 1-1-04.) 21 (65 ILCS 5/8-12-3) (from Ch. 24, par. 8-12-3) 22 Sec. 8-12-3. As used in this Division: 23 (1) "Authority" means the "(Name of Financially Distressed 24 City) Financial Advisory Authority". 25 (2) "Financially distressed city" means a home rule any HB1753 - 2 - LRB104 08074 RTM 18120 b HB1753- 3 -LRB104 08074 RTM 18120 b HB1753 - 3 - LRB104 08074 RTM 18120 b HB1753 - 3 - LRB104 08074 RTM 18120 b 1 municipality which is a home rule unit and which (i) is 2 certified and designated by the Department of Revenue as being 3 in the highest 5% of all home rule municipalities in terms of 4 the aggregate of the rate per cent of all taxes levied pursuant 5 to statute or ordinance upon all taxable property of the 6 municipality and as being in the lowest 5% of all home rule 7 municipalities in terms of per capita tax yield, and (ii) is 8 designated by joint resolution of the General Assembly as a 9 financially distressed city under Section 8-12-4. 10 (3) "Home rule municipality" means a municipality which is 11 a home rule unit as provided in Section 6 of Article VII of the 12 Illinois Constitution. 13 (4) "Budget" means an annual appropriation ordinance or 14 annual budget as described in Division 2 of Article 8, as from 15 time to time in effect in the financially distressed city. 16 (5) "Chairperson" means the chairperson of the Authority 17 appointed pursuant to Section 8-12-7. 18 (6) "Financial Plan" means the financially distressed 19 city's financial plan as developed pursuant to Section 20 8-12-15, as from time to time in effect. 21 (7) "Fiscal year" means the fiscal year of the financially 22 distressed city. 23 (8) "Obligations" means bonds, notes or other evidence of 24 indebtedness issued by the Illinois Finance Authority in 25 connection with the provision of financial aid to a 26 financially distressed city pursuant to this Division and HB1753 - 3 - LRB104 08074 RTM 18120 b HB1753- 4 -LRB104 08074 RTM 18120 b HB1753 - 4 - LRB104 08074 RTM 18120 b HB1753 - 4 - LRB104 08074 RTM 18120 b 1 applicable provisions of the Illinois Finance Authority Act. 2 (Source: P.A. 93-205, eff. 1-1-04.) 3 (65 ILCS 5/8-12-4) (from Ch. 24, par. 8-12-4) 4 Sec. 8-12-4. Certification and designation as financially 5 distressed city. 6 (a) In order to be certified as a financially distressed 7 city and receive assistance as provided in this Division: , 8 (1) a home rule municipality shall first, by ordinance 9 passed by its corporate authorities, request (i) that the 10 Department of Revenue certify that it is in the highest 5% 11 of all home rule municipalities in terms of the aggregate 12 of the rate per cent of all taxes levied pursuant to 13 statute or ordinance upon all taxable property of the 14 municipality and in the lowest 5% of all home rule 15 municipalities in terms of per capita tax yield, and (ii) 16 that the General Assembly by joint resolution designate it 17 as a financially distressed city. A home rule municipality 18 which is so certified and designated as a financially 19 distressed city and which desires to receive assistance as 20 provided in this Division shall, by ordinance passed by 21 its corporate authorities, request that a financial 22 advisory authority be appointed for the city and that the 23 city receive assistance as provided in this Division, and 24 shall file a certified copy of that ordinance with the 25 Governor, with the Clerk of the House of Representatives HB1753 - 4 - LRB104 08074 RTM 18120 b HB1753- 5 -LRB104 08074 RTM 18120 b HB1753 - 5 - LRB104 08074 RTM 18120 b HB1753 - 5 - LRB104 08074 RTM 18120 b 1 and with the Secretary of the Senate; or . 2 (2) the State Comptroller may conduct a preliminary 3 review to determine the existence of probable financial 4 stress within a home rule municipality if one or more of 5 the following occur: 6 (A) the State Comptroller requests that the 7 Department of Revenue certify that the municipality is 8 in the highest 5% of all home rule municipalities in 9 terms of the aggregate of the rate per cent of all 10 taxes levied pursuant to statute or ordinance upon all 11 taxable property of the municipality and in the lowest 12 5% of all home rule municipalities in terms of per 13 capita tax yield, and the Department certifies the 14 same; 15 (B) the city council or the mayor of a 16 municipality or school board makes a written request 17 for a preliminary review and that request identifies 18 the existing or anticipated financial conditions or 19 events that make the request necessary; 20 (C) the State Comptroller receives a written 21 request from a creditor with an undisputed claim 22 against the municipality that exceeds the greater of 23 $10,000 or 1% of the annual general fund budget of the 24 municipality and that remains unpaid 6 months after 25 its due date provided that the creditor notifies the 26 municipality in writing at least 30 days before its HB1753 - 5 - LRB104 08074 RTM 18120 b HB1753- 6 -LRB104 08074 RTM 18120 b HB1753 - 6 - LRB104 08074 RTM 18120 b HB1753 - 6 - LRB104 08074 RTM 18120 b 1 request to the State Comptroller of its intention to 2 submit a written request under this paragraph; 3 (D) the State Comptroller receives, not earlier 4 than 60 days before the next municipal election, a 5 petition containing specific allegations of municipal 6 financial distress signed by at least 25% of the 7 electors within the municipality who voted at the last 8 general election at which a Governor was elected; 9 (E) the State Comptroller receives written 10 notification that a municipality has not timely 11 deposited its minimum obligation payment to the 12 municipality's pension fund as required by law; 13 (F) the State Comptroller receives written 14 notification that the municipality has failed for a 15 period of 7 days or more after the scheduled date of 16 payment to pay wages and salaries or other 17 compensation owed to employees or benefits owed to 18 retirees; 19 (G) the State Comptroller receives written 20 notification from a trustee, paying agent, bondholder, 21 or auditor engaged by the municipality of a default in 22 a bond or note payment or a violation of one or more 23 bond or note covenants; 24 (H) the State Comptroller receives a resolution 25 from either chamber of the General Assembly requesting 26 a preliminary review; HB1753 - 6 - LRB104 08074 RTM 18120 b HB1753- 7 -LRB104 08074 RTM 18120 b HB1753 - 7 - LRB104 08074 RTM 18120 b HB1753 - 7 - LRB104 08074 RTM 18120 b 1 (I) the municipality is delinquent in the 2 distribution of tax revenues, as required by law, that 3 it has collected for another taxing jurisdiction, and 4 that taxing jurisdiction requests a preliminary 5 review; 6 (J) the municipality has been assigned a long-term 7 debt rating within or below the BBB category or its 8 equivalent by one or more nationally recognized credit 9 rating agencies; or 10 (K) the existence of other facts or circumstances 11 that, in the State Comptroller's sole discretion, are 12 indicative of probable financial stress. 13 Before commencing the preliminary review under this 14 paragraph (2), the State Comptroller shall provide the 15 municipality written notification that he or she intends 16 to conduct a preliminary review. Elected and appointed 17 officials of the municipality shall promptly and fully 18 provide the assistance and information requested by the 19 State Comptroller for that municipality in conducting the 20 preliminary review. The State Comptroller shall provide a 21 preliminary report of his or her findings to the 22 municipality within 20 days after the date the preliminary 23 review begins. A copy of the preliminary report shall be 24 provided to each State Senator and State Representative 25 who represents that municipality. The municipality may 26 provide comments to the State Comptroller concerning the HB1753 - 7 - LRB104 08074 RTM 18120 b HB1753- 8 -LRB104 08074 RTM 18120 b HB1753 - 8 - LRB104 08074 RTM 18120 b HB1753 - 8 - LRB104 08074 RTM 18120 b 1 preliminary report within 5 days after the preliminary 2 report is provided to the municipality. 3 If the State Comptroller believes there is probable 4 financial stress after his or her preliminary review and 5 any input from the municipality, the State Comptroller 6 shall establish a review team under Section 8-12-4.5. A 7 copy of the preliminary report shall be provided to the 8 review team and each State Senator and State 9 Representative who represents that municipality, and the 10 review shall be posted on the State Comptroller's website. 11 The review team shall examine the financial situation of 12 the municipality and complete a final report as provided 13 in Section 8-12-4.5. 14 If the Governor believes that probable financial 15 stress exists for the municipality to be certified as a 16 financially distressed city under this Section after 17 reviewing a final report prepared under Section 8-12-4.5, 18 the Governor may, by proclamation, certify and designate 19 the municipality as a financially distressed city and 20 authorize appointment of the municipality's Authority 21 under Section 8-12-7. The proclamation shall be filed with 22 the Secretary of State and the corporate authorities of 23 the municipality. 24 (b) Upon the filing of the certified copies of the that 25 ordinance under paragraph (1) of subsection (a) or upon the 26 written proclamation by the Governor filed with the Secretary HB1753 - 8 - LRB104 08074 RTM 18120 b HB1753- 9 -LRB104 08074 RTM 18120 b HB1753 - 9 - LRB104 08074 RTM 18120 b HB1753 - 9 - LRB104 08074 RTM 18120 b 1 of State and corporate authorities of a municipality under 2 paragraph (2) of subsection (a), as required by this Section 3 this Division and all of its provisions shall then and 4 thereafter be applicable to the financially distressed city, 5 shall govern and control its financial accounting, budgeting 6 and taxing procedures and practices, and, subject to the 7 limitations of subsection (a) of Section 8-12-22, shall remain 8 in full force and effect with respect thereto until such time 9 as the financial advisory authority established under Section 10 8-12-5 is abolished as provided in subsection (c) of Section 11 8-12-22. 12 (Source: P.A. 86-1211.) 13 (65 ILCS 5/8-12-4.5 new) 14 Sec. 8-12-4.5. Review team powers and duties. 15 (a) If the State Comptroller believes there is probable 16 financial stress after his or her preliminary review and any 17 input from the municipality under Section 8-12-4, the State 18 Comptroller shall establish a review team for the municipality 19 consisting of: the State Comptroller, or his or her designee; 20 the Director of the Governor's Office of Management and 21 Budget, or his or her designee; a member appointed by the 22 Senate President; a member appointed by the Minority Leader of 23 the Senate; a member appointed by the Speaker of the House of 24 Representatives; and a member appointed by the Minority Leader 25 of the House of Representatives. The State Comptroller may HB1753 - 9 - LRB104 08074 RTM 18120 b HB1753- 10 -LRB104 08074 RTM 18120 b HB1753 - 10 - LRB104 08074 RTM 18120 b HB1753 - 10 - LRB104 08074 RTM 18120 b 1 appoint other State officials or other persons with relevant 2 professional experience to serve on the review team. The State 3 Comptroller shall provide administrative support and other 4 support to a review team established under this Section. 5 (b) In conducting its review, the review team may: 6 (1) examine the books and records of the municipality; 7 (2) use the services of other State agencies and 8 employees in conducting the financial review; or 9 (3) both examine the books and records of the 10 municipality and use the services of other State agencies 11 and employees in conducting the financial review. 12 The review team shall meet with city council and employees 13 of the municipality as part of its review. At this meeting, the 14 review team shall receive, discuss, and consider information 15 provided by the municipality concerning the financial 16 condition of the municipality. In addition, the review team 17 shall hold at least one public meeting in the jurisdiction of 18 the municipality at which the public may provide comments. 19 (c) The review team shall submit a written final report of 20 its findings to the State Comptroller within 60 days following 21 its establishment or earlier if required by the State 22 Comptroller. Upon request of a majority of the review team, 23 the State Comptroller may grant one 30-day extension to the 24 60-day limitation. A copy of the final report shall be 25 forwarded by the State Comptroller to the Governor, mayor and 26 city council of the municipality, the Speaker of the House of HB1753 - 10 - LRB104 08074 RTM 18120 b HB1753- 11 -LRB104 08074 RTM 18120 b HB1753 - 11 - LRB104 08074 RTM 18120 b HB1753 - 11 - LRB104 08074 RTM 18120 b 1 Representatives, the Senate President, and each State Senator 2 and State Representative who represents the municipality. The 3 final report shall be posted on the State Comptroller's 4 website within 7 days after the final report is submitted to 5 the Governor. The final report shall identify the existence, 6 or an indication of the likely occurrence, of any of the 7 following if found: 8 (1) a default in the payment of principal or interest 9 upon bonded obligations, notes, or other municipal 10 securities for which no funds or insufficient funds are on 11 hand and, if required, segregated in a special trust fund; 12 (2) a failure for a period of 30 days or more beyond 13 the due date to transfer one or more of the following to 14 the appropriate agency: 15 (i) taxes withheld on the income of employees; 16 (ii) taxes collected by the municipality as agent 17 for another unit of local government; and 18 (iii) a contribution required by a pension, 19 retirement, or benefit plan; 20 (3) a failure for a period of 7 days or more after the 21 scheduled date of payment to pay wages and salaries or 22 other compensation owed to employees or benefits owed to 23 retirees; 24 (4) the total amount of accounts payable for the 25 current fiscal year, as determined by the State 26 Comptroller, is in excess of 10% of the total expenditures HB1753 - 11 - LRB104 08074 RTM 18120 b HB1753- 12 -LRB104 08074 RTM 18120 b HB1753 - 12 - LRB104 08074 RTM 18120 b HB1753 - 12 - LRB104 08074 RTM 18120 b 1 of the municipality in that fiscal year; 2 (5) a failure to eliminate an existing deficit in any 3 fund of the municipality within the 2-year period 4 preceding the end of the municipality's fiscal year during 5 which the review team final report is received; 6 (6) a projection of a deficit in the general fund of 7 the municipality for the current fiscal year in excess of 8 5% of the budgeted revenues for the general fund; 9 (7) a failure to comply in all material respects with 10 the terms of an approved deficit elimination plan or an 11 agreement entered into pursuant to a deficit elimination 12 plan; 13 (8) the existence of material loans to the general 14 fund from other municipal funds that are not regularly 15 settled between the funds or that are increasing in scope; 16 (9) the existence after the close of the fiscal year 17 of material recurring, non-budgeted subsidies from the 18 general fund to other major funds; 19 (10) the existence of a structural operating deficit; 20 (11) the use of restricted revenues for purposes not 21 authorized by law; 22 (12) the likelihood that the municipality is or will 23 be unable to pay its obligations within 60 days after the 24 date of the review team's final report; and 25 (13) any other facts and circumstances indicative of a 26 municipal financial emergency. HB1753 - 12 - LRB104 08074 RTM 18120 b HB1753- 13 -LRB104 08074 RTM 18120 b HB1753 - 13 - LRB104 08074 RTM 18120 b HB1753 - 13 - LRB104 08074 RTM 18120 b 1 (d) The review team shall include one of the following 2 conclusions in its final report: 3 (1) a financial emergency does not exist within the 4 municipality; or 5 (2) a financial emergency exists within the 6 municipality. 7 (e) The review team may, with the approval of the State 8 Comptroller, appoint an individual or firm to carry out the 9 review and submit a report to the review team for approval. The 10 State Comptroller may enter into a contract with an individual 11 or firm respecting the terms and conditions of the 12 appointment. 13 (f) For purposes of this Section: 14 (1) A financial emergency does not exist within a 15 municipality if the final report concludes that none of 16 the factors in subsection (c) exist or are likely to occur 17 within the current or next fiscal year or, if they occur, 18 do not threaten the municipality's capability to provide 19 necessary governmental services essential to public 20 health, safety, and welfare. 21 (2) A financial emergency exists within a municipality 22 if any of the following occur: 23 (A) the final report concludes that one or more of 24 the factors in subsection (c) exist or are likely to 25 occur within the current or next fiscal year and 26 threaten the municipality's current and future HB1753 - 13 - LRB104 08074 RTM 18120 b HB1753- 14 -LRB104 08074 RTM 18120 b HB1753 - 14 - LRB104 08074 RTM 18120 b HB1753 - 14 - LRB104 08074 RTM 18120 b 1 capability to provide necessary governmental services 2 essential to the public health, safety, and welfare; 3 (B) the municipality has failed to provide timely 4 and accurate information enabling the review team to 5 complete its final report; or 6 (C) the mayor of the municipality concludes in 7 writing to the review team that one or more of the 8 factors in subsection (c) exist or are likely to occur 9 within the current or next fiscal year and threaten 10 the municipality's current and future capability to 11 provide necessary governmental services essential to 12 the public health, safety, and welfare, and the mayor 13 recommends that a financial emergency be declared and 14 the State Comptroller concurs with the recommendation. 15 (65 ILCS 5/8-12-10.5 new) 16 Sec. 8-12-10.5. State grants. If a financially distressed 17 city or Authority is awarded a State grant, any moneys the 18 financially distressed city or Authority would be required to 19 match under the grant are waived unless the moneys under the 20 grant come from federal moneys that require the match. A 21 municipality's status as a financially distressed city may not 22 negatively impact a decision of whether or not to award a State 23 grant to the municipality or negatively impact the amount of 24 moneys received by the municipality from a State grant. HB1753 - 14 - LRB104 08074 RTM 18120 b HB1753- 15 -LRB104 08074 RTM 18120 b HB1753 - 15 - LRB104 08074 RTM 18120 b HB1753 - 15 - LRB104 08074 RTM 18120 b 1 (65 ILCS 5/8-12-21.5 new) 2 Sec. 8-12-21.5. Noncompliance by corporate authorities or 3 employees of a municipality. If a financially distressed city, 4 including its corporate authorities or employees, materially 5 violates the requirements of this Division, the Authority may 6 commence action in the circuit court within any county in 7 which the municipality is located if the Authority has given 8 the corporate authorities of the city written notice that 9 includes: a detailed explanation of the material violation; a 10 statement of the Authority's intention to enforce the 11 provisions of this Division by commencing an action; a 12 statement giving the corporate authorities at least 15 days to 13 correct the violation before the Authority may commence an 14 action. HB1753 - 15 - LRB104 08074 RTM 18120 b