HB1466sam001 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 5/9/2011

09700HB1466sam001 LRB097 06297 CEL 55266 a

AMENDMENT TO HOUSE BILL 1466

AMENDMENT NO. ______. Amend House Bill 1466 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 2-3.17a as follows:

(105 ILCS 5/2-3.17a) (from Ch. 122, par. 2-3.17a)

Sec. 2-3.17a. Financial audits by Auditor General. For the year ending June 30, 2011 and for each year ending June 30th thereafter, an audit shall be made (i) by the regional superintendent of schools of each educational service region in the State of the financial statements of all accounts, funds, and other moneys in his or her care, custody, or control and (ii) by the administrator of each educational service center, other than an educational service center serving a school district in a city having a population exceeding 500,000, of the financial statements of all accounts, funds, and other moneys in his or her care, custody, or control. The Auditor General shall annually cause an audit to be made, as of June 30th of each year, of the financial statements of all accounts, funds and other moneys in the care, custody or control of the regional superintendent of schools of each educational service region in the State and of each educational service center established under Section 2-3.62 of this Code other than an educational service center serving a school district in a city having a population exceeding 500,000. The audit shall be conducted in accordance with Generally Accepted Governmental Auditing Standards and shall include an examination of supporting books and records and a representative sample of vouchers for distributions and expenditures. A copy of each audit shall be submitted to the Auditor General on or before February 15th of each year and all such audit reports shall be kept on file in the office of the Auditor General. On or before March 1st February 15 of each year, the Auditor General shall notify the Legislative Audit Commission in writing of any regional office of education and educational service center subject to this Section that has failed to submit an annual audit by the February 15th deadline the completion or of the reasons for the noncompletion of each audit required by this Section to be made as of the preceding June 30. An audit report shall be prepared for each audit made pursuant to this Section, and all such audit reports shall be kept on file in the office of the Auditor General. Within 60 days after each audit report required to be prepared under this Section is completed, the regional superintendent of schools of each educational service region and administrator of each educational service center subject to this Section Auditor General: (i) shall furnish a copy of such audit report to the State Board of Education and each member of the General Assembly whose legislative or representative district includes any part of the educational service region served by the regional superintendent of schools with respect to whose financial statements that audit report was prepared or any part of the area served by the educational service center that is the subject of the audit; and (ii) shall publish in a newspaper published in that educational service region or area served by the educational service center that is the subject of the audit a notice that the audit report has been prepared and is available for inspection during regular business hours at the office of the regional superintendent of schools of that educational service region or at the administrative office of the educational service center. Each audit shall be made in such manner as to determine, and each audit report shall be prepared in such manner as to state:

(1) The balances on hand of all accounts, funds and other moneys in the care, custody or control of the regional superintendent of schools or educational service center at the beginning of the fiscal year being audited;

(2) the amount of funds received during the fiscal year by source;

(3) the amount of funds distributed or otherwise paid by the regional superintendent of schools or educational service center to each school treasurer in his or her educational service region or area, including the purpose of such distribution or payment and the fund or account from which such distribution or payment is made;

(4) the amounts paid or otherwise disbursed by the regional superintendent of schools or educational service center -- other than the amounts distributed or paid by the regional superintendent of schools or educational service center to school treasurers as described in paragraph (3) above -- for all other purposes and expenditures, including the fund or account from which such payments or disbursements are made and the purpose thereof; and

(5) the balances on hand of all accounts, funds and other moneys in the care, custody or control of the regional superintendent of schools or educational service center at the end of the fiscal year being audited.

The Legislative Audit Commission may, by resolution, direct the Auditor General to conduct an audit of a regional office of education or educational service center. In that event, The Auditor General shall adopt rules and regulations relative to the time and manner by which the regional superintendent of schools or educational service center shall present for inspection or make available to the Auditor General, or to the agents designated by the Auditor General to make an audit and prepare an audit report pursuant to this Section, all financial statements, books, records, vouchers for distributions and expenditures, and records of accounts, funds and other moneys in the care, custody or control of the regional superintendent of schools or educational service center and required for purposes of making such audit and preparing an audit and preparing an audit report. All rules and regulations adopted by the State Board of Education under this Section before the effective date of this amendatory Act of the 92nd General Assembly shall continue in effect as the rules and regulations of the Auditor General, until they are modified or abolished by the Auditor General.

The Auditor General shall require the regional superintendent of schools of each educational service region or administrator of each educational service center shall to promptly implement all recommendations based on audit findings resulting from a violation of law made in audits prepared pursuant to this Section, unless the regional superintendent or administrator Auditor General, upon review, determines, with regard to any such finding, that implementation of the recommendation is not appropriate.

(Source: P.A. 92-544, eff. 6-12-02.)

(105 ILCS 5/3-6.1 rep.)

Section 10. The School Code is amended by repealing Section 3-6.1.".