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92_HB4328eng HB4328 Engrossed LRB9214119SMdv 1 AN ACT concerning the Auditor General. 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 1-2 and 3-1 as follows: 6 (30 ILCS 5/1-2) (from Ch. 15, par. 301-2) 7 Sec. 1-2. Purpose and construction. 8 (a) This Act implements Article VIII, Section 3 of the 9 Constitution, and shall be construed in furtherance of those 10 provisions. 11 (b) This Act is intended to provide a comprehensive and 12 thorough post audit of the obligation, expenditure, receipt 13 and use of public funds of the State under the direction and 14 control of the Auditor General, to the end that the 15 government of the State of Illinois will be accountable to 16 the General Assembly and the citizens and taxpayers, and to 17 the end that the constitutional and statutory requirements 18 governing state fiscal and financial operations will be 19 enforced. 20 This Act is intended also to permit a comprehensive and 21 thorough audit, under the direction and control of the 22 Auditor General, of the obligation, expenditure, receipt, and 23 use of public funds of school districts as provided in 24 Section 3-1. 25 (c) This Act is intended to govern the Auditor General 26 under the control and direction of the General Assembly. 27 Neither the enactment of this Act nor any provision contained 28 herein shall in any way derogate from the status of the 29 Auditor General as a legislative officer of the State under 30 the Constitution. 31 (Source: P.A. 78-884.) HB4328 Engrossed -2- LRB9214119SMdv 1 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) 2 Sec. 3-1. Jurisdiction of Auditor General. The Auditor 3 General has jurisdiction over all State agencies to make post 4 audits and investigations authorized by or under this Act or 5 the Constitution. 6 Except as otherwise provided in this Section, the Auditor 7 General has jurisdiction over local government agencies and 8 private agencies only: 9 (a) to make such post audits authorized by or under 10 this Act as are necessary and incidental to a post audit 11 of a State agency or of a program administered by a State 12 agency involving public funds of the State, but this 13 jurisdiction does not include any authority to review 14 local governmental agencies in the obligation, receipt, 15 expenditure or use of public funds of the State that are 16 granted without limitation or condition imposed by law, 17 other than the general limitation that such funds be used 18 for public purposes; 19 (b) to make investigations authorized by or under 20 this Act or the Constitution; and 21 (c) to make audits of the records of local 22 government agencies to verify actual costs of 23 state-mandated programs when directed to do so by the 24 Legislative Audit Commission at the request of the State 25 Board of Appeals under the State Mandates Act. 26 In addition to the foregoing, the Auditor General may 27 conduct an audit of the Metropolitan Pier and Exposition 28 Authority, the Regional Transportation Authority, the 29 Suburban Bus Division, the Commuter Rail Division and the 30 Chicago Transit Authority and any other subsidized carrier 31 when authorized by the Legislative Audit Commission. Such 32 audit may be a financial, management or program audit, or any 33 combination thereof. 34 The audit shall determine whether they are operating in HB4328 Engrossed -3- LRB9214119SMdv 1 accordance with all applicable laws and regulations. Subject 2 to the limitations of this Act, the Legislative Audit 3 Commission may by resolution specify additional 4 determinations to be included in the scope of the audit. 5 In addition to the foregoing, the Auditor General must 6 also conduct a financial audit of the Illinois Sports 7 Facilities Authority's expenditures of public funds in 8 connection with the reconstruction, renovation, remodeling, 9 extension, or improvement of all or substantially all of any 10 existing "facility", as that term is defined in the Illinois 11 Sports Facilities Authority Act. 12 The Auditor General may also conduct an audit, when 13 authorized by the Legislative Audit Commission, of any 14 hospital which receives 10% or more of its gross revenues 15 from payments from the State of Illinois, Department of 16 Public Aid, Medical Assistance Program. 17 The Auditor General is authorized to conduct financial 18 and compliance audits of the Illinois Distance Learning 19 Foundation and the Illinois Conservation Foundation. 20 As soon as practical after the effective date of this 21 amendatory Act of 1995, the Auditor General shall conduct a 22 compliance and management audit of the City of Chicago and 23 any other entity with regard to the operation of Chicago 24 O'Hare International Airport, Chicago Midway Airport and 25 Merrill C. Meigs Field. The audit shall include, but not be 26 limited to, an examination of revenues, expenses, and 27 transfers of funds; purchasing and contracting policies and 28 practices; staffing levels; and hiring practices and 29 procedures. When completed, the audit required by this 30 paragraph shall be distributed in accordance with Section 31 3-14. 32 The Auditor General shall conduct a financial and 33 compliance and program audit of distributions from the 34 Municipal Economic Development Fund during the immediately HB4328 Engrossed -4- LRB9214119SMdv 1 preceding calendar year pursuant to Section 8-403.1 of the 2 Public Utilities Act at no cost to the city, village, or 3 incorporated town that received the distributions. 4 The Auditor General must conduct an audit of the Health 5 Facilities Planning Board pursuant to Section 19.5 of the 6 Illinois Health Facilities Planning Act. 7 The Auditor General shall audit a school district (i) 8 that is located within a county with a population of 9 3,000,000 or more and outside of a municipality with a 10 population of 500,000 or more, (ii) that has at least 3 11 learning centers with a combined student enrollment of 12 between 7,000 and 8,000, (iii) that encompasses at least 70 13 square miles within its boundaries, and (iv) that has had a 14 review of its spending practices for construction or 15 administrative staff or both done pursuant to legislative 16 resolution within the calendar year prior to the effective 17 date of this amendatory Act of the 92nd General Assembly. The 18 audit may be a financial, management, compliance, or program 19 audit or a combination of those audits. 20 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 21 91-935, eff. 6-1-01.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.