2005 Illinois 55 ILCS 5/ Counties Code. Division 6-31 - Audits
(55 ILCS 5/Div. 6‑31 heading)
Division 6‑31.
Audits
(55 ILCS 5/6‑31001) (from Ch. 34, par. 6‑31001)
Sec. 6‑31001.
Subtitle.
This Division shall be subtitled
the "County Auditing Law".
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31002) (from Ch. 34, par. 6‑31002)
Sec. 6‑31002.
Definitions.
As used in this Division, unless the context otherwise requires:
1. "Comptroller" means the Comptroller of the State of Illinois;
2. "accountant" or "accountants" means and includes all persons
authorized to practice public accounting under the laws of this State;
3. "funds and accounts" means all funds of a county derived from
property taxes and all funds and accounts derived from sources other than
property taxes, including the receipts and expenditures of the fee earnings
of each county fee officer;
4. "audit report" means the written report of the accountant or
accountants and all appended statements and schedules relating thereto,
presenting or recording the findings of an examination or audit of the
financial transactions, affairs and condition of a county;
5. "population" means the number of persons residing in a county
according to the last preceding federal decennial census.
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31003) (from Ch. 34, par. 6‑31003)
Sec. 6‑31003.
Annual audits and reports.
In counties having a
population of over 10,000 but less than 500,000, the county board of each
county shall cause an audit of all of the funds and accounts of the county
to be made annually by an accountant
or accountants chosen by the county board or by an accountant or accountants
retained by the Comptroller, as hereinafter provided. In addition, each
county having a population of less than 500,000 shall file with the Comptroller
a financial report containing information required by the Comptroller.
Such financial report shall be on a form so designed by the Comptroller
as not to require professional accounting services for its preparation.
The audit shall commence as soon as possible after the close of each
fiscal year and shall be completed within 6 months after the close of such
fiscal year, unless an extension of time is granted by the Comptroller in
writing. Such extension of time shall not exceed 60 days. When the accountant
or accountants have completed the audit a full report thereof shall be made
and not less than 2 copies of each audit report shall be submitted to the
county board. Each audit report shall be signed by the accountant making
the audit and shall include only financial information, findings and
conclusions that are adequately supported by evidence in the auditor's
working papers to demonstrate or prove, when called upon, the basis for the
matters reported and their correctness and reasonableness. In connection
with this, each county board shall retain the right of inspection of the
auditor's working papers and shall make them available to the Comptroller,
or his designee, upon request.
Within 60 days of receipt of an audit report, each county board shall file
one copy of each audit report and each financial report with the Comptroller
and any comment or explanation that the county board may desire to make
concerning such audit report may be attached thereto. An audit report
which fails to meet the requirements of this Division shall be
rejected by the Comptroller and returned to the county board for corrective
action. One copy of each such report shall be filed with the county clerk
of the county so audited.
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31004) (from Ch. 34, par. 6‑31004)
Sec. 6‑31004.
Overdue reports.
(a) In the event the required reports for
a county are not filed with the Comptroller in accordance with Section 6‑31003
within 6 months after the close of the fiscal year of the county, the
Comptroller shall notify the county board in writing that the reports are
due, and may also grant an extension of time of up to 60 days for the
filing of the reports. In the event the required reports are not filed
within the time specified in such written notice, the Comptroller shall
cause the audit to be made and the audit report prepared by an accountant
or accountants.
(b) The Comptroller may decline to order an audit and the preparation of
an
audit report if an initial examination of the books and records of the
governmental unit indicates that the books and records of the governmental unit
are inadequate or unavailable due to the passage of time or the occurrence of a
natural disaster.
(Source: P.A. 90‑104, eff. 7‑11‑97.)
|
(55 ILCS 5/6‑31005) (from Ch. 34, par. 6‑31005)
Sec. 6‑31005.
Funds managed by county officials.
In addition to any
other audit required by this Division, the County Board shall cause an
audit to be made of all funds and accounts under the management or control
of a county official as soon as possible after such official leaves office
for any reason. The audit shall be filed with the county board not later
than 6 months after the official leaves office. The audit shall be
conducted and the audit report shall be prepared and filed with the
Chairman of the County Board by a person lawfully qualified to practice
public accounting as regulated by "An Act to regulate the practice of
public accounting and to repeal certain acts therein named", approved July
22, 1943 as amended.
As used in this Section, "county official" means any elected county officer
or any officer appointed by the county board who is charged with the management
or control of any county funds; and "audit" means a post facto examination
of books, documents, records, and other evidence relating to the obligation,
receipt, expenditure or use of public funds of the county, including
governmental operations relating to such obligations, receipt, expenditure or use.
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31006) (from Ch. 34, par. 6‑31006)
Sec. 6‑31006.
Audit report.
The audit report shall contain
statements that are in conformity with generally accepted public accounting
principles and shall set forth, insofar as possible, the financial position
and the results of financial operations for each fund, account and office
of the county government. The audit report shall also include the
professional opinion of the accountant or accountants with respect to the
financial status and operations or, if an opinion cannot be expressed, a
declaration that such accountant is unable to express such opinion and an
explanation of the reasons he cannot do so. Each audit report shall
include the certification of the accountant or accountants making the audit
that the audit has been performed in compliance with generally accepted
auditing standards. Each audit report filed with the Comptroller shall be
accompanied by a copy of each official statement or other offering of
materials prepared in connection with the issuance of indebtedness of the
county since the filing of the last audit report.
(Source: P.A. 86‑962; 87‑424.)
|
(55 ILCS 5/6‑31008) (from Ch. 34, par. 6‑31008)
Sec. 6‑31008.
Expenses of audit.
The expenses of conducting the
audit and making the required audit report or financial statement for each
county, whether ordered by the county board or the Comptroller, shall be
paid by the county and the county board shall make provisions for such
payment. If the audit is made by an accountant or accountants retained by
the Comptroller, the county, through the county board, shall pay to the
Comptroller reasonable compensation and expenses to reimburse him for the
cost of making such audit.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be
deposited into the Comptroller's Audit Expense Revolving Fund.
Such expenses shall be paid from the general corporate fund of the
county.
Contracts for the performance of audits required by this Division may
be entered into without competitive bidding.
(Source: P.A. 88‑280.)
|
(55 ILCS 5/6‑31009) (from Ch. 34, par. 6‑31009)
Sec. 6‑31009.
Public records.
All audit reports and financial
statements are public records and shall be open to public inspection. The
clerk of the county board shall furnish a copy of the audit report or
financial statement to any person making a request and paying the fee
therefor. The fee shall be set by the county board and shall not exceed $15.
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31010) (from Ch. 34, par. 6‑31010)
Sec. 6‑31010.
Construction.
The provisions of this Division
shall not be construed to relieve any officer of any duty otherwise
required of him by law with relation to the auditing, management,
collection or disbursement of public funds. Failure of the county board to
comply with any of the provisions of this Division shall not
affect the legality of any taxes levied by the county board.
(Source: P.A. 86‑962.)
|
(55 ILCS 5/6‑31011) (from Ch. 34, par. 6‑31011)
Sec. 6‑31011.
Audit committee.
The corporate authorities of a county
may establish an audit committee, and may appoint members of the corporate
authority or other appropriate officers to the committee, to review audit
reports prepared under this Division and any other financial reports and
documents, including management letters prepared by or on behalf of the county.
(Source: P.A. 86‑962.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
