Full Text of HB0289 96th General Assembly
HB0289eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois State Auditing Act is amended by | 5 |
| adding Section 2-15 as follows: | 6 |
| (30 ILCS 5/2-15 new) | 7 |
| Sec. 2-15. Appropriation Earmarks Unit. | 8 |
| (a) As used in this Section: | 9 |
| "Earmarked appropriation" means an appropriation for a | 10 |
| grant or
distribution to a specific unit of local government, | 11 |
| specific school district,
specific not-for-profit | 12 |
| organization, or specific non-governmental entity for
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| infrastructure improvements or operating expenses. The term | 14 |
| shall also include a grant or distribution made from a lump sum | 15 |
| appropriation to a specific unit of local government, specific | 16 |
| school district, specific not-for-profit organization, or | 17 |
| specific non-governmental entity for infrastructure | 18 |
| improvements or operating expenses. Appropriations that are | 19 |
| part
of a statewide program and are based on generally | 20 |
| applicable standards of
eligibility are not earmarked | 21 |
| appropriations. | 22 |
| "Infrastructure
improvements" include without limitation | 23 |
| capital improvements, capital
projects, planning, |
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| construction, reconstruction, equipment, utilities,
vehicles, | 2 |
| and all costs associated with economic development, community
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| programs, educational programs, public health, and public | 4 |
| safety. | 5 |
| "Operating expenses" includes expenditures made by the | 6 |
| recipient entity for its own administrative purposes, | 7 |
| including but not limited to personal services, equipment, real | 8 |
| property, debt service, travel, and commodities. | 9 |
| "Unit" means the Appropriation Earmarks Unit of the Office | 10 |
| of the Auditor General, established by this Section.
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| (b) The Office of the Auditor General shall establish and | 12 |
| administer within the Office an Appropriation Earmarks Unit. | 13 |
| The primary function of the Unit shall be the review and | 14 |
| auditing of earmarked appropriations of State funds. | 15 |
| (c) On or before July 31 of each fiscal year, every State | 16 |
| agency shall provide a list to the Auditor General of all | 17 |
| grants and distributions meeting this Section's definition of | 18 |
| "earmarked appropriation" made by the State agency during the | 19 |
| previous fiscal year. The list shall contain each recipient's | 20 |
| name and address, the date and amount of distribution, the fund | 21 |
| from which the distribution was made, and the purpose of the | 22 |
| distribution. For purposes of this Section, "State agency" | 23 |
| shall include agencies in the executive or legislative branch | 24 |
| of State government created by the Illinois Constitution or | 25 |
| State statute. | 26 |
| (d) To the extent resources permit, the Unit shall select a |
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| sample of earmarked appropriations reported to it by the State | 2 |
| agencies and conduct a review to determine whether the State | 3 |
| agencies distributed the earmarked appropriation in accordance | 4 |
| with all applicable laws and whether the recipient entity used | 5 |
| the earmarked appropriation for its intended purpose and | 6 |
| complied with all applicable requirements. The Auditor | 7 |
| General's conclusions may be published in a single report or in | 8 |
| multiple reports, which shall include a complete list of all | 9 |
| earmarked appropriations reported to it by the State agencies. | 10 |
| (e) The Unit shall include operation of a telephone hot
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| line through which suggestions for audits of
State-funded grant | 12 |
| programs or earmarked appropriations may be
made. To the extent | 13 |
| possible, the identity of individuals contacting the hotline | 14 |
| shall be kept confidential. The Auditor General may refer | 15 |
| suggestions for audits of State-funded grant programs or | 16 |
| earmarked appropriations to the State agency involved in the | 17 |
| distribution. | 18 |
| (f) Notwithstanding any provision of law to the contrary,
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| the Legislative Audit Commission may direct the Auditor General
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| to conduct a performance audit of an earmarked appropriation | 21 |
| upon a
majority vote of the Commission. | 22 |
| (g) Audits conducted under this Section and reports | 23 |
| prepared under this Section shall be public records and shall | 24 |
| be filed with the Legislative Audit Commission as provided by | 25 |
| rule of the Commission.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2009. |
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