State Government Administration Committee
Filed: 2/19/2009
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1 | AMENDMENT TO HOUSE BILL 289
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2 | AMENDMENT NO. ______. Amend House Bill 289 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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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13 | 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 |
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1 | specific non-governmental entity for infrastructure | ||||||
2 | improvements or operating expenses. Appropriations that are | ||||||
3 | part
of a statewide program and are based on generally | ||||||
4 | applicable standards of
eligibility are not earmarked | ||||||
5 | appropriations. | ||||||
6 | "Infrastructure
improvements" include without limitation | ||||||
7 | capital improvements, capital
projects, planning, | ||||||
8 | construction, reconstruction, equipment, utilities,
vehicles, | ||||||
9 | and all costs associated with economic development, community
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10 | programs, educational programs, public health, and public | ||||||
11 | safety. | ||||||
12 | "Operating expenses" includes expenditures made by the | ||||||
13 | recipient entity for its own administrative purposes, | ||||||
14 | including but not limited to personal services, equipment, real | ||||||
15 | property, debt service, travel, and commodities. | ||||||
16 | "Unit" means the Appropriation Earmarks Unit of the Office | ||||||
17 | of the Auditor General, established by this Section.
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18 | (b) The Office of the Auditor General shall establish and | ||||||
19 | administer within the Office an Appropriation Earmarks Unit. | ||||||
20 | The primary function of the Unit shall be the review and | ||||||
21 | auditing of earmarked appropriations of State funds. | ||||||
22 | (c) On or before July 31 of each fiscal year, every State | ||||||
23 | agency shall provide a list to the Auditor General of all | ||||||
24 | grants and distributions meeting this Section's definition of | ||||||
25 | "earmarked appropriation" made by the State agency during the | ||||||
26 | previous fiscal year. The list shall contain each recipient's |
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1 | name and address, the date and amount of distribution, the fund | ||||||
2 | from which the distribution was made, and the purpose of the | ||||||
3 | distribution. For purposes of this Section, "State agency" | ||||||
4 | shall include agencies in the executive or legislative branch | ||||||
5 | of State government created by the Illinois Constitution or | ||||||
6 | State statute. | ||||||
7 | (d) To the extent resources permit, the Unit shall select a | ||||||
8 | sample of earmarked appropriations reported to it by the State | ||||||
9 | agencies and conduct a review to determine whether the State | ||||||
10 | agencies distributed the earmarked appropriation in accordance | ||||||
11 | with all applicable laws and whether the recipient entity used | ||||||
12 | the earmarked appropriation for its intended purpose and | ||||||
13 | complied with all applicable requirements. The Auditor | ||||||
14 | General's conclusions may be published in a single report or in | ||||||
15 | multiple reports, which shall include a complete list of all | ||||||
16 | earmarked appropriations reported to it by the State agencies. | ||||||
17 | (e) The Unit shall include operation of a telephone hot
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18 | line through which suggestions for audits of
State-funded grant | ||||||
19 | programs or earmarked appropriations may be
made. To the extent | ||||||
20 | possible, the identity of individuals contacting the hotline | ||||||
21 | shall be kept confidential. The Auditor General may refer | ||||||
22 | suggestions for audits of State-funded grant programs or | ||||||
23 | earmarked appropriations to the State agency involved in the | ||||||
24 | distribution. | ||||||
25 | (f) Notwithstanding any provision of law to the contrary,
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26 | the Legislative Audit Commission may direct the Auditor General
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1 | to conduct a performance audit of an earmarked appropriation | ||||||
2 | upon a
majority vote of the Commission. | ||||||
3 | (g) Audits conducted under this Section and reports | ||||||
4 | prepared under this Section shall be public records and shall | ||||||
5 | be filed with the Legislative Audit Commission as provided by | ||||||
6 | rule of the Commission.
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7 | Section 99. Effective date. This Act takes effect July 1, | ||||||
8 | 2009.".
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