093_SB0794enr

 
SB794 Enrolled                       LRB093 02814 RCE 02830 b

 1        AN ACT concerning State audits.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois State Auditing Act is amended by
 5    changing Sections 1-12, 1-13, 1-14, 1-16, 2-11, 3-2, 3-3, and
 6    3-6 and by adding Section 1-13.5 as follows:

 7        (30 ILCS 5/1-12) (from Ch. 15, par. 301-12)
 8        Sec. 1-12.  Post audit or audit. "Post audit" or  "audit"
 9    means  a post facto examination of books, documents, records,
10    and other  evidence  relating  to  the  obligation,  receipt,
11    expenditure  or  use  of public funds of the State, including
12    governmental operations relating to such obligation, receipt,
13    expenditure, or use. A post audit is  a  financial  audit,  a
14    compliance  audit  or  other  attestation  engagement,  or  a
15    performance  audit  a management audit or a program audit, as
16    those terms are defined in this Article, or some  combination
17    thereof.
18    (Source: P.A. 78-884.)

19        (30 ILCS 5/1-13) (from Ch. 15, par. 301-13)
20        Sec.   1-13.  Compliance   audit.  "Financial  audit"  or
21    "Compliance  audit"  means  an  attestation  engagement  that
22    either examines, reviews, or entails  performing  agreed-upon
23    procedures  on  a  subject  matter  or  an  assertion about a
24    subject matter and reporting on the results.  The  compliance
25    audit,   as   appropriate,   may  address  agency  management
26    representations,   assertions,   and   supporting    evidence
27    regarding a post audit which determines:
28             (a)  whether   the  audited  agency  has  obligated,
29        expended, received and used public funds of the State  in
30        accordance  with  the  purpose  for which such funds have
 
SB794 Enrolled             -2-       LRB093 02814 RCE 02830 b
 1        been appropriated or otherwise authorized by law;
 2             (b)  whether  the  audited  agency  has   obligated,
 3        expended,  received and used public funds of the State in
 4        accordance with any limitations, restrictions, conditions
 5        or  mandatory  directions  imposed  by  law   upon   such
 6        obligation, expenditure, receipt or use;
 7             (c)  in  the  case  of  a  State agency, whether the
 8        audited agency has  generally  complied  with  applicable
 9        laws   and   regulations,  including  the  State  uniform
10        accounting  system,   in   its   financial   and   fiscal
11        operations;
12             (d)  in  the  case  of  a  State agency, whether the
13        records,  books  and  accounts  of  the  audited   agency
14        accurately reflect its financial and fiscal operations;
15             (e)  in  the  case  of  a  local  or private agency,
16        whether the records, books and accounts  of  the  audited
17        agency  fairly  and  accurately reflect its financial and
18        fiscal operations relating to  the  obligation,  receipt,
19        expenditures  and use of public funds of the State to the
20        extent such operations must be reviewed to complete  post
21        audit determinations under paragraphs (a) and (b) of this
22        Section;
23             (f)  in  the  case  of  a  State agency, whether the
24        audited agency is maintaining effective internal controls
25        accounting   control    over    revenues,    obligations,
26        expenditures, assets and liabilities;
27             (g)  whether   collections  of  State  revenues  and
28        receipts by the audited agency  are  in  accordance  with
29        applicable   laws   and   regulations   and  whether  the
30        accounting  and  record  keeping  of  such  revenues  and
31        receipts is fair, accurate and in accordance with law;
32             (h)  in the case of a State agency, whether money or
33        negotiable securities or similar assets  handled  by  the
34        audited agency on behalf of the State or held in trust by
 
SB794 Enrolled             -3-       LRB093 02814 RCE 02830 b
 1        the   audited  agency  have  been  properly  and  legally
 2        administered,  and  whether  the  accounting  and  record
 3        keeping relating  thereto  is  proper,  accurate  and  in
 4        accordance with law; and
 5             (i)  whether   financial,  program  and  statistical
 6        reports of the audited agency contain useful data and are
 7        fairly presented.
 8        Compliance audits are to be performed in accordance  with
 9    attestation  standards  issued  by  the American Institute of
10    Certified   Public   Accountants   (AICPA),   related   AICPA
11    Statements on  Standards  for  Attestation  Engagements,  and
12    generally  accepted  government  auditing  standards  (GAGAS)
13    current at the time the audit is commenced.
14    (Source: P.A. 78-884.)

15        (30 ILCS 5/1-13.5 new)
16        Sec.  1-13.5.  Financial audit. "Financial audit" means a
17    post audit  primarily  concerned  with  providing  reasonable
18    assurance  about  whether  financial statements are presented
19    fairly in all material respects in conformity with  generally
20    accepted    accounting   principles   (GAAP),   or   with   a
21    comprehensive basis of  accounting  other  than  GAAP.  Other
22    objectives  of  financial audits, which provide for different
23    levels of assurance and entail various scopes  of  work,  may
24    include, as appropriate:
25             (1)  providing   special   reports   for   specified
26        elements, accounts, or items of a financial statement;
27             (2)  reviewing interim financial information;
28             (3)  issuing  letters  for  underwriters and certain
29        other requesting parties;
30             (4)  reporting on the processing of transactions  by
31        service organizations; and
32             (5)  auditing  compliance  with regulations relating
33        to federal  award  expenditures  and  other  governmental
 
SB794 Enrolled             -4-       LRB093 02814 RCE 02830 b
 1        financial   assistance   in  conjunction  with  or  as  a
 2        byproduct of a financial statement audit.
 3        Financial audits are to be performed in  accordance  with
 4    generally  accepted auditing standards issued by the American
 5    Institute of Certified Public Accountants (AICPA)  for  field
 6    work  and  reporting,  generally accepted government auditing
 7    standards (GAGAS), and AICPA Statements on Auditing Standards
 8    (SAS) current at the time the audit is commenced.

 9        (30 ILCS 5/1-14) (from Ch. 15, par. 301-14)
10        Sec. 1-14.  Performance audit. "Performance audit"  means
11    an  objective and systematic examination of evidence in order
12    to provide an independent assessment of the  performance  and
13    management   of   a   program   against  objective  criteria.
14    Performance audits provide  information  to  improve  program
15    operations  and  facilitate  decision-making  by parties with
16    responsibility to oversee or initiate corrective action,  and
17    improve public accountability.
18        Performance  audits  include management audits, which are
19    also  called  economy  and  efficiency  audits,  and  program
20    audits. A program audit  addresses  the  effectiveness  of  a
21    program  and typically measures the extent to which a program
22    is  achieving  its  goals  and  objectives.  An  economy  and
23    efficiency audit concerns whether  an  agency  is  acquiring,
24    protecting,  and  using  its resources in the most productive
25    manner to achieve  program  objectives.  Program  audits  and
26    economy and efficiency audits may include an assessment of:
27             (1)  the extent to which legislative, regulatory, or
28        organizational goals and objectives are being achieved;
29             (2)  the  relative ability of alternative approaches
30        to yield better program performance or eliminate  factors
31        that inhibit program effectiveness;
32             (3)  the   relative   cost   and  benefits  or  cost
33        effectiveness of program performance;
 
SB794 Enrolled             -5-       LRB093 02814 RCE 02830 b
 1             (4)  whether a program produced intended results  or
 2        produced  effects that were not intended by the program's
 3        objectives;
 4             (5)  the  extent  to   which   programs   duplicate,
 5        overlap, or conflict with other related programs;
 6             (6)  whether  the  audited entity is following sound
 7        procurement practices;
 8             (7)  the validity  and  reliability  of  performance
 9        measures  concerning program effectiveness and results or
10        economy and efficiency; and
11             (8)  the  reliability,  validity,  or  relevance  of
12        financial information related to  the  performance  of  a
13        program.
14        Performance  audits may also encompass objectives related
15    to internal  control  and  compliance  with  legal  or  other
16    requirements.  Performance  audits  are  to  be  performed in
17    accordance  with  generally  accepted   government   auditing
18    standards (GAGAS) current at the time the audit is commenced.
19        "Management  audit",  or  "efficiency audit" means a post
20    audit which determines with regard to the purpose, functions,
21    and duties of the audited agency:
22        (a)  whether the audited agency is managing or  utilizing
23    its   resources,   including   public  funds  of  the  State,
24    personnel, property, equipment and space in an economical and
25    efficient manner; and
26        (b)  causes of inefficiencies or uneconomical  practices,
27    including  inadequacies  in  management  information systems,
28    internal  and   administrative   procedures,   organizational
29    structure,   use   of  resources,  allocation  of  personnel,
30    purchasing policies and equipment.
31    (Source: P.A. 78-884.)

32        (30 ILCS 5/1-16) (from Ch. 15, par. 301-16)
33        Sec.  1-16.  Special  audit.  "Special  audit"  means   a
 
SB794 Enrolled             -6-       LRB093 02814 RCE 02830 b
 1    financial  audit,  a  compliance  audit, or other attestation
 2    engagement of limited scope.
 3    (Source: P.A. 78-884.)

 4        (30 ILCS 5/2-11) (from Ch. 15, par. 302-11)
 5        Sec. 2-11.  Special assistant auditors.
 6        (a)  The Auditor  General  may  contract  with  certified
 7    public accountants licensed and registered public accountants
 8    certified  or  registered  in  Illinois, qualified management
 9    consultants,  attorneys  licensed  in  Illinois,  and   other
10    persons  or  firms necessary to carry out his duties. For the
11    purpose of  assisting  in  performance  program  audits,  the
12    Auditor  General  may  contract  with  any State agency.  The
13    Auditor General may contract with other governmental agencies
14    for the conduct of joint  audits  of  a  State  agency  or  a
15    portion thereof.
16        (b)  The  Auditor  General shall adopt rules establishing
17    qualifications for  nonlicensed  persons  with  whom  he  may
18    contract.
19        (c)  The  Auditor  General  may designate any person with
20    whom he contracts as a  special  assistant  auditor  for  the
21    purpose of conducting a post audit or investigation under his
22    supervision.  The Auditor General may delegate his powers and
23    authority  respecting  post  audits  and  investigations   to
24    special  assistant auditors other than the power of subpoena,
25    but any delegation of authority to administer oaths  or  take
26    depositions  must  be  made  in  writing  and  limited  to  a
27    particular audit or investigation.
28    (Source: P.A. 80-533.)

29        (30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
30        Sec.  3-2.   Mandatory  and  directed  post  audits.  The
31    Auditor General shall conduct a financial audit, a compliance
32    audit,  or other attestation engagement, as is appropriate to
 
SB794 Enrolled             -7-       LRB093 02814 RCE 02830 b
 1    the agency's operations under generally  accepted  government
 2    auditing  standards,  of each State agency except the Auditor
 3    General or his office at least once  during  every  biennium,
 4    except  as is otherwise provided in regulations adopted under
 5    Section 3-8. The general direction  and  supervision  of  the
 6    financial   audit   program  may  be  delegated  only  to  an
 7    individual who is a Certified Public Accountant and a payroll
 8    employee of the Office of the Auditor General. In the conduct
 9    of financial audits, compliance audits, and other attestation
10    engagements, the Auditor General may inquire into and  report
11    upon  matters  properly  within  the  scope  of a performance
12    management or program audit, provided that such inquiry shall
13    be limited to matters arising during the ordinary  course  of
14    the financial audit.
15        In any year the Auditor General shall conduct any special
16    audits  as  may  be  necessary  to  form  an  opinion  on the
17    financial statements report of this State, as prepared by the
18    Comptroller, and to certify  that  this  presentation  is  in
19    accordance  with generally accepted accounting principles for
20    government.
21        Simultaneously with  the  biennial  compliance  financial
22    audit  of  the  Department  of  Human  Services,  the Auditor
23    General shall conduct a program audit of each facility  under
24    the  jurisdiction  of  that  Department  that is described in
25    Section 4 of the Mental Health and Developmental Disabilities
26    Administrative Act.   The  program  audit  shall  include  an
27    examination  of  the  records  of  each  facility  concerning
28    reports  of  suspected  abuse  or  neglect  of any patient or
29    resident of the facility.  The Auditor General  shall  report
30    the  findings  of  the  program audit to the Governor and the
31    General Assembly, including findings concerning  patterns  or
32    trends  relating to abuse or neglect of facility patients and
33    residents.  However, for any year  for  which  the  Inspector
34    General submits a report to the Governor and General Assembly
 
SB794 Enrolled             -8-       LRB093 02814 RCE 02830 b
 1    as  required  under  Section  6.7 of the Abused and Neglected
 2    Long Term Care Facility Residents Reporting Act, the  Auditor
 3    General need not conduct the program audit otherwise required
 4    under this paragraph.
 5        The   Auditor   General   shall   conduct  a  performance
 6    management or  program  audit  of  a  State  agency  when  so
 7    directed by the Commission, or by either house of the General
 8    Assembly,  in  a  resolution identifying the subject, parties
 9    and scope.  Such a directing resolution may:
10             (a)  require the  Auditor  General  to  examine  and
11        report  upon  specific  management  efficiencies  or cost
12        effectiveness proposals specified therein;
13             (b)  in the case  of  a  program  audit,  set  forth
14        specific  program  objectives, responsibilities or duties
15        or may  specify  the  program  performance  standards  or
16        program  evaluation  standards  to  be  the  basis of the
17        program audit;
18             (c)  be  directed  at   particular   procedures   or
19        functions   established  by  statute,  by  administrative
20        regulation or by precedent; and
21             (d)  require the  Auditor  General  to  examine  and
22        report upon specific proposals relating to state programs
23        specified in the resolution.
24        The Commission may by resolution clarify, further direct,
25    or  limit  the scope of any audit directed by a resolution of
26    the House or Senate, provided that any  such  action  by  the
27    Commission must be consistent with the terms of the directing
28    resolution.
29    (Source: P.A. 89-427, eff. 12-7-95; 89-507, eff. 7-1-97.)

30        (30 ILCS 5/3-3) (from Ch. 15, par. 303-3)
31        Sec. 3-3.  Discretionary audits.
32        The  Auditor  General  may initiate and conduct a special
33    audit whenever he determines it to be in the public interest.
 
SB794 Enrolled             -9-       LRB093 02814 RCE 02830 b
 1        The Auditor General may initiate and conduct  an  economy
 2    and  efficiency  audit  of a State agency or program whenever
 3    the findings of a post audit indicate that such an efficiency
 4    audit is advisable or in the public interest, if he has given
 5    the  Commission  at  least  30  days'  prior  notice  of  his
 6    intention to conduct the efficiency audit and the  Commission
 7    has not disapproved of that audit.
 8        The  Auditor  General  may,  at  any  time, make informal
 9    inquiries of any agency concerning its  obligation,  receipt,
10    expenditure  or  use  of State funds, but such an inquiry may
11    not be in the nature of an investigation or post audit.
12    (Source: P.A. 78-884.)

13        (30 ILCS 5/3-6) (from Ch. 15, par. 303-6)
14        Sec. 3-6.  Audit  Standards.   The  Auditor  General  may
15    adopt   regulations   establishing   post   audit   standards
16    consistent  with  Sections 1-13, 1-13.5, and 1-14 and 1-15 of
17    this Act and in accordance with generally accepted government
18    governmental auditing standards.  The regulations may specify
19    separate or particular standards applicable only to audits of
20    federal grants, aid or  trust  funds  administered  by  State
21    agencies   in   order   to  comply  with  applicable  federal
22    regulations.  Post audit  standards  established  under  this
23    paragraph  shall  govern  all  post  audits  conducted by the
24    Auditor General.
25        The Auditor General may  adopt  regulations  making  such
26    standards  applicable to financial audits, compliance audits,
27    and  other  attestation  engagements   conducted   by   State
28    agencies  of  local governmental agencies or private agencies
29    which are grantees or recipients of public funds of the State
30    or of federal funds not  constituting  public  funds  of  the
31    State  through  projects  administered  by that State agency.
32    Notwithstanding any other  statute  to  the  contrary,  those
33    regulations  shall  govern  the  audits  to  which  they  are
 
SB794 Enrolled             -10-      LRB093 02814 RCE 02830 b
 1    expressly applicable.
 2        The  Auditor  General  may make regulations providing for
 3    the ordinary use of  compliance  audits  conducted  by  State
 4    agencies  or  by  certified  public  accountants  as  part of
 5    financial audits, if such compliance audits comply  with  the
 6    standards and regulations applicable under this Act.
 7    (Source: P.A. 82-368.)

 8        (30 ILCS 5/1-15 rep.)
 9        Section  10.  The  Illinois State Auditing Act is amended
10    by repealing Section 1-15.

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.