99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3372

 

Introduced , by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 205/8 new
30 ILCS 5/3-14  from Ch. 15, par. 303-14

    Amends the Attorney General Act. Provides that when an audit conducted by the Auditor General reveals an apparent violation of a penal statute or an apparent instance of malfeasance, malfeasance, or nonfeasance, by any person, relating to the obligation, expenditure, receipt, or use of public funds of the state, the Attorney General must provide a report to the Legislative Audit Commission within 60 days of receiving notice of these audit findings from the Commission. Sets forth the requirements of the report. Requires the Attorney General to submit additional reports on a quarterly basis thereafter until the Attorney General's investigation is closed or fully referred to another law enforcement agency. Makes a conforming change in the Legislative Audit Commission Act.


LRB099 07200 JLK 27294 b

 

 

A BILL FOR

 

HB3372LRB099 07200 JLK 27294 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Attorney General Act is amended by adding
5Section 8 as follows:
 
6    (15 ILCS 205/8 new)
7    Sec. 8. Investigation of audit findings. When an audit
8conducted by the Auditor General reveals an apparent violation
9of a penal statute or an apparent instance of malfeasance,
10malfeasance, or nonfeasance, by any person, relating to the
11obligation, expenditure, receipt, or use of public funds of the
12State pursuant to Section 3-14 of the Illinois State Auditing
13Act, the Attorney General must, within 60 days of receiving
14notice of these audit findings from the Legislative Audit
15Commission, provide a report to the Commission addressing:
16    (1) whether further investigation is necessary;
17    (2) a summary of steps taken to date in response to the
18audit findings;
19    (3) if and to what agency referral to additional law
20enforcement has been made or is recommended; and
21    (4) if civil recovery is being undertaken.
22    After the initial report to the Commission, the Attorney
23General must submit these reports on a quarterly basis

 

 

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1thereafter regarding the Attorney General's findings until the
2investigation is closed or fully referred to another law
3enforcement agency.
 
4    Section 10. The Illinois State Auditing Act is amended by
5changing Section 3-14 as follows:
 
6    (30 ILCS 5/3-14)  (from Ch. 15, par. 303-14)
7    Sec. 3-14. Audit reports. Upon completion of any audit the
8Auditor General shall issue an audit report which shall
9include: a precise statement of the scope of the audit or
10review, a statement of the material findings resulting from the
11audit, a statement of the underlying cause, evaluative criteria
12used and the current and prospective significance thereof and a
13statement of explanation or rebuttal which may have been
14submitted by the agency audited relevant to the audit findings
15included in the report.
16    As part of this report the Auditor General shall prepare a
17signed digest of the legislatively significant matters of the
18report and, as may be applicable, a concise statement of (1)
19any actions taken or contemplated by persons or agencies
20subsequent to the completion of the audit but prior to the
21release of the report, which bear on matters in the report, (2)
22any actions the Auditor General considers necessary or
23desirable, and (3) any other information the Auditor General
24deems useful to the General Assembly in order to understand or

 

 

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1act on any matters presented in the audit.
2    The Auditor General shall submit a copy of each audit
3report to the Commission, the Governor, the Speaker and
4minority leader of the House of Representatives and the
5President and minority leader of the Senate.
6    All audit reports shall be maintained in the Office of the
7Auditor General as a public record, subject to Section 3-11.
8    If the post audit of a State agency discloses an apparent
9violation of a penal statute or an apparent instance of
10misfeasance, malfeasance or nonfeasance, by any person,
11relating to the obligation, expenditure, receipt or use of
12public funds of the State, the Auditor General shall
13immediately notify the Attorney General and make a written
14report to the Commission and the Governor stating that to be
15the case and setting forth the underlying facts that have led
16to that conclusion.
17(Source: P.A. 82-368.)