Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1408 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1408 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 50 ILCS 310/1 from Ch. 85, par. 70150 ILCS 310/3 from Ch. 85, par. 70350 ILCS 310/6 from Ch. 85, par. 706 Amends the Governmental Account Audit Act. Provides that any governmental unit receiving revenue of less than $1,500,000 (rather than $850,000) for any fiscal year shall, in lieu of causing an annual audit of the accounts of the unit to be made, either (i) cause an audit of the accounts of the unit to be made once every 4 years and file with the Comptroller an annual financial report containing information required by the Comptroller or (ii) file with the Comptroller an annual financial report containing information required by the Comptroller, a copy of which has been provided to each member of that governmental unit's board of elected officials, presented either in person or by a live phone or web connection during a public meeting, and approved by a 3/5 majority vote. Makes conforming changes. Effective immediately. LRB104 07612 RTM 17656 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1408 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 50 ILCS 310/1 from Ch. 85, par. 70150 ILCS 310/3 from Ch. 85, par. 70350 ILCS 310/6 from Ch. 85, par. 706 50 ILCS 310/1 from Ch. 85, par. 701 50 ILCS 310/3 from Ch. 85, par. 703 50 ILCS 310/6 from Ch. 85, par. 706 Amends the Governmental Account Audit Act. Provides that any governmental unit receiving revenue of less than $1,500,000 (rather than $850,000) for any fiscal year shall, in lieu of causing an annual audit of the accounts of the unit to be made, either (i) cause an audit of the accounts of the unit to be made once every 4 years and file with the Comptroller an annual financial report containing information required by the Comptroller or (ii) file with the Comptroller an annual financial report containing information required by the Comptroller, a copy of which has been provided to each member of that governmental unit's board of elected officials, presented either in person or by a live phone or web connection during a public meeting, and approved by a 3/5 majority vote. Makes conforming changes. Effective immediately. LRB104 07612 RTM 17656 b LRB104 07612 RTM 17656 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1408 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
33 50 ILCS 310/1 from Ch. 85, par. 70150 ILCS 310/3 from Ch. 85, par. 70350 ILCS 310/6 from Ch. 85, par. 706 50 ILCS 310/1 from Ch. 85, par. 701 50 ILCS 310/3 from Ch. 85, par. 703 50 ILCS 310/6 from Ch. 85, par. 706
44 50 ILCS 310/1 from Ch. 85, par. 701
55 50 ILCS 310/3 from Ch. 85, par. 703
66 50 ILCS 310/6 from Ch. 85, par. 706
77 Amends the Governmental Account Audit Act. Provides that any governmental unit receiving revenue of less than $1,500,000 (rather than $850,000) for any fiscal year shall, in lieu of causing an annual audit of the accounts of the unit to be made, either (i) cause an audit of the accounts of the unit to be made once every 4 years and file with the Comptroller an annual financial report containing information required by the Comptroller or (ii) file with the Comptroller an annual financial report containing information required by the Comptroller, a copy of which has been provided to each member of that governmental unit's board of elected officials, presented either in person or by a live phone or web connection during a public meeting, and approved by a 3/5 majority vote. Makes conforming changes. Effective immediately.
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Governmental Account Audit Act is amended
1717 5 by changing Sections 1, 3, and 6 as follows:
1818 6 (50 ILCS 310/1) (from Ch. 85, par. 701)
1919 7 Sec. 1. Definitions. As used in this Act, unless the
2020 8 context otherwise indicates:
2121 9 "Governmental unit" or "unit" includes all municipal
2222 10 corporations in and political subdivisions of this State that
2323 11 appropriate more than $5,000 for a fiscal year, with the
2424 12 amount to increase or decrease by the amount of the Consumer
2525 13 Price Index (CPI) as reported on January 1 of each year, except
2626 14 the following:
2727 15 (1) School districts.
2828 16 (2) Cities, villages, and incorporated towns subject
2929 17 to the Municipal Auditing Law, as contained in the
3030 18 Illinois Municipal Code, and cities that file a report
3131 19 with the Comptroller under Section 3.1-35-115 of the
3232 20 Illinois Municipal Code.
3333 21 (3) Counties with a population of 1,000,000 or more.
3434 22 (4) Counties subject to the County Auditing Law.
3535 23 (5) Any other municipal corporations in or political
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1408 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
4040 50 ILCS 310/1 from Ch. 85, par. 70150 ILCS 310/3 from Ch. 85, par. 70350 ILCS 310/6 from Ch. 85, par. 706 50 ILCS 310/1 from Ch. 85, par. 701 50 ILCS 310/3 from Ch. 85, par. 703 50 ILCS 310/6 from Ch. 85, par. 706
4141 50 ILCS 310/1 from Ch. 85, par. 701
4242 50 ILCS 310/3 from Ch. 85, par. 703
4343 50 ILCS 310/6 from Ch. 85, par. 706
4444 Amends the Governmental Account Audit Act. Provides that any governmental unit receiving revenue of less than $1,500,000 (rather than $850,000) for any fiscal year shall, in lieu of causing an annual audit of the accounts of the unit to be made, either (i) cause an audit of the accounts of the unit to be made once every 4 years and file with the Comptroller an annual financial report containing information required by the Comptroller or (ii) file with the Comptroller an annual financial report containing information required by the Comptroller, a copy of which has been provided to each member of that governmental unit's board of elected officials, presented either in person or by a live phone or web connection during a public meeting, and approved by a 3/5 majority vote. Makes conforming changes. Effective immediately.
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5454 50 ILCS 310/3 from Ch. 85, par. 703
5555 50 ILCS 310/6 from Ch. 85, par. 706
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7474 1 subdivisions of this State, the accounts of which are
7575 2 required by law to be audited by or under the direction of
7676 3 the Auditor General.
7777 4 (6) (Blank).
7878 5 (7) A drainage district, established under the
7979 6 Illinois Drainage Code (70 ILCS 605), that did not receive
8080 7 or expend any moneys during the immediately preceding
8181 8 fiscal year or obtains approval for assessments and
8282 9 expenditures through the circuit court.
8383 10 (8) Public housing authorities that submit financial
8484 11 reports to the U.S. Department of Housing and Urban
8585 12 Development.
8686 13 "Governing body" means the board or other body or officers
8787 14 having authority to levy taxes, make appropriations, authorize
8888 15 the expenditure of public funds or approve claims for any
8989 16 governmental unit.
9090 17 "Comptroller" means the Comptroller of the State of
9191 18 Illinois.
9292 19 "Consumer Price Index" means the Consumer Price Index for
9393 20 All Urban Consumers for all items published by the United
9494 21 States Department of Labor.
9595 22 "Audit report" means the written report of the auditor and
9696 23 all appended statements and schedules relating to that report,
9797 24 presenting or recording the findings of an examination or
9898 25 audit of the financial transactions, affairs, or conditions of
9999 26 a governmental unit.
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110110 1 "Auditor" means a licensed certified public accountant, as
111111 2 that term is defined in Section 0.03 of the Illinois Public
112112 3 Accounting Act, or the substantial equivalent of a licensed
113113 4 CPA, as provided under Section 5.2 of the Illinois Public
114114 5 Accounting Act, who performs an audit of governmental unit
115115 6 financial statements and records and expresses an assurance or
116116 7 disclaims an opinion on the audited financial statements.
117117 8 "Report" includes both audit reports and reports filed
118118 9 instead of an audit report by a governmental unit receiving
119119 10 revenue of less than $1,500,000 $850,000 during any fiscal
120120 11 year to which the reports relate.
121121 12 "Generally accepted accounting principles" means
122122 13 accounting principles generally accepted in the United States.
123123 14 "Generally accepted auditing standards" means auditing
124124 15 standards generally accepted in the United States.
125125 16 (Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
126126 17 (50 ILCS 310/3) (from Ch. 85, par. 703)
127127 18 Sec. 3. Any governmental unit receiving revenue of less
128128 19 than $1,500,000 $850,000 for any fiscal year shall, in lieu of
129129 20 complying with the requirements of Section 2 for audits and
130130 21 audit reports, beginning with fiscal year 2016, either: (i)
131131 22 cause an audit of the accounts of the unit to be made once
132132 23 every 4 years and file with the Comptroller an annual
133133 24 financial report containing information required by the
134134 25 Comptroller, or (ii) file with the Comptroller an annual
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145145 1 financial report containing information required by the
146146 2 Comptroller, a copy of which has been provided to each member
147147 3 of that governmental unit's board of elected officials,
148148 4 presented either in person or by a live phone or web connection
149149 5 during a public meeting, and approved by a 3/5 majority vote.
150150 6 In addition, a governmental unit receiving revenue of less
151151 7 than $1,500,000 $850,000 may file with the Comptroller any
152152 8 audit reports which may have been prepared under any other
153153 9 law. Any governmental unit receiving revenue of $1,500,000
154154 10 $850,000 or more for any fiscal year shall, in addition to
155155 11 complying with the requirements of Section 2 for audits and
156156 12 audit reports, file with the Comptroller the financial report
157157 13 required by this Section. Such financial reports shall be on
158158 14 forms so designed by the Comptroller as not to require
159159 15 professional accounting services for its preparation. All
160160 16 reports to be filed with the Comptroller under this Section
161161 17 must be submitted electronically and the Comptroller must post
162162 18 the reports on the Internet no later than 45 days after they
163163 19 are received. If the governmental unit provides the
164164 20 Comptroller's Office with sufficient evidence that the report
165165 21 cannot be filed electronically, the Comptroller may waive this
166166 22 requirement. The Comptroller must also post a list of
167167 23 governmental units that are not in compliance with the
168168 24 reporting requirements set forth in this Section.
169169 25 Any financial report under this Section shall include the
170170 26 name of the purchasing agent who oversees all competitively
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181181 1 bid contracts. If there is no purchasing agent, the name of the
182182 2 person responsible for oversight of all competitively bid
183183 3 contracts shall be listed.
184184 4 (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12;
185185 5 98-1019, eff. 7-1-15.)
186186 6 (50 ILCS 310/6) (from Ch. 85, par. 706)
187187 7 Sec. 6. When the audit is completed the auditor making
188188 8 such audit shall make and sign at least 3 copies of the report
189189 9 of the audit and immediately file them with the governmental
190190 10 unit audited. Governmental units receiving revenue of
191191 11 $1,500,000 $850,000 or more for any fiscal year shall
192192 12 immediately make one copy of the audit report and one copy of
193193 13 the financial report required by Section 3 of this Act a part
194194 14 of its public record. Governmental units receiving revenue of
195195 15 less than $1,500,000 $850,000 shall immediately make one copy
196196 16 of the audit report, or one copy of the report authorized by
197197 17 Section 3 of this Act to be filed instead of the audit report,
198198 18 a part of its public record. These copies shall be open to
199199 19 public inspection. In addition, the governmental unit shall
200200 20 file one copy of the report with the Comptroller and with the
201201 21 county clerk of the county in which the principal office of the
202202 22 governmental unit is located. A governmental unit may, in
203203 23 filing its audit report with the Comptroller, transmit with
204204 24 such report any comment or explanation that it wishes to make
205205 25 concerning the report.
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216216 1 (Source: P.A. 101-419, eff. 1-1-20.)
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