Illinois General Assembly - Full Text of HB0398
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Full Text of HB0398  94th General Assembly


Sen. Donne E. Trotter

Filed: 5/13/2005





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2     AMENDMENT NO. ______. Amend House Bill 398, AS AMENDED, on
3 page 1, immediately after line 3, by inserting the following:
4     "Section 2. The Illinois State Auditing Act is amended by
5 changing Section 3-1 as follows:
6     (30 ILCS 5/3-1)  (from Ch. 15, par. 303-1)
7     Sec. 3-1. Jurisdiction of Auditor General. The Auditor
8 General has jurisdiction over all State agencies to make post
9 audits and investigations authorized by or under this Act or
10 the Constitution.
11     The Auditor General has jurisdiction over local government
12 agencies and private agencies only:
13         (a) to make such post audits authorized by or under
14     this Act as are necessary and incidental to a post audit of
15     a State agency or of a program administered by a State
16     agency involving public funds of the State, but this
17     jurisdiction does not include any authority to review local
18     governmental agencies in the obligation, receipt,
19     expenditure or use of public funds of the State that are
20     granted without limitation or condition imposed by law,
21     other than the general limitation that such funds be used
22     for public purposes;
23         (b) to make investigations authorized by or under this
24     Act or the Constitution; and



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1         (c) to make audits of the records of local government
2     agencies to verify actual costs of state-mandated programs
3     when directed to do so by the Legislative Audit Commission
4     at the request of the State Board of Appeals under the
5     State Mandates Act.
6     In addition to the foregoing, the Auditor General may
7 conduct an audit of the Metropolitan Pier and Exposition
8 Authority, the Regional Transportation Authority, the Suburban
9 Bus Division, the Commuter Rail Division and the Chicago
10 Transit Authority and any other subsidized carrier when
11 authorized by the Legislative Audit Commission. Such audit may
12 be a financial, management or program audit, or any combination
13 thereof.
14     The audit shall determine whether they are operating in
15 accordance with all applicable laws and regulations. Subject to
16 the limitations of this Act, the Legislative Audit Commission
17 may by resolution specify additional determinations to be
18 included in the scope of the audit.
19     In addition to the foregoing, the Auditor General shall
20 conduct or cause to be conducted a financial audit and
21 compliance attestation examination for the year ended December
22 31, 2004, of the Chicago Transit Authority's use of funds and
23 moneys appropriated by the General Assembly to the Department
24 of Transportation which are distributed to the Regional
25 Transportation Authority, by the means of grants, awards, State
26 aid formula payments, construction funds, and direct or
27 indirect payments. The audits shall determine if these funds
28 have been and are being expended consistent with and in
29 furtherance of the purposes set forth in the Regional
30 Transportation Authority Act. In conjunction with those
31 audits, the Auditor General shall conduct a performance audit
32 to review the Chicago Transit Authority's actual service levels
33 for the most recent year for which statistics are available and
34 a comparison to projected service levels for the current budget



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1 year.
2     In addition to the foregoing, the Auditor General must also
3 conduct a financial audit of the Illinois Sports Facilities
4 Authority's expenditures of public funds in connection with the
5 reconstruction, renovation, remodeling, extension, or
6 improvement of all or substantially all of any existing
7 "facility", as that term is defined in the Illinois Sports
8 Facilities Authority Act.
9     The Auditor General may also conduct an audit, when
10 authorized by the Legislative Audit Commission, of any hospital
11 which receives 10% or more of its gross revenues from payments
12 from the State of Illinois, Department of Public Aid, Medical
13 Assistance Program.
14     The Auditor General is authorized to conduct financial and
15 compliance audits of the Illinois Distance Learning Foundation
16 and the Illinois Conservation Foundation.
17     As soon as practical after the effective date of this
18 amendatory Act of 1995, the Auditor General shall conduct a
19 compliance and management audit of the City of Chicago and any
20 other entity with regard to the operation of Chicago O'Hare
21 International Airport, Chicago Midway Airport and Merrill C.
22 Meigs Field. The audit shall include, but not be limited to, an
23 examination of revenues, expenses, and transfers of funds;
24 purchasing and contracting policies and practices; staffing
25 levels; and hiring practices and procedures. When completed,
26 the audit required by this paragraph shall be distributed in
27 accordance with Section 3-14.
28     The Auditor General shall conduct a financial and
29 compliance and program audit of distributions from the
30 Municipal Economic Development Fund during the immediately
31 preceding calendar year pursuant to Section 8-403.1 of the
32 Public Utilities Act at no cost to the city, village, or
33 incorporated town that received the distributions.
34     The Auditor General must conduct an audit of the Health



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1 Facilities Planning Board pursuant to Section 19.5 of the
2 Illinois Health Facilities Planning Act.
3     The Auditor General of the State of Illinois shall annually
4 conduct or cause to be conducted a financial and compliance
5 audit of the books and records of any county water commission
6 organized pursuant to the Water Commission Act of 1985 and
7 shall file a copy of the report of that audit with the Governor
8 and the Legislative Audit Commission. The filed audit shall be
9 open to the public for inspection. The cost of the audit shall
10 be charged to the county water commission in accordance with
11 Section 6z-27 of the State Finance Act. The county water
12 commission shall make available to the Auditor General its
13 books and records and any other documentation, whether in the
14 possession of its trustees or other parties, necessary to
15 conduct the audit required. These audit requirements apply only
16 through July 1, 2007.
17     The Auditor General must conduct audits of the Rend Lake
18 Conservancy District as provided in Section 25.5 of the River
19 Conservancy Districts Act.
20     The Auditor General must conduct financial audits of the
21 Southeastern Illinois Economic Development Authority as
22 provided in Section 70 of the Southeastern Illinois Economic
23 Development Authority Act.
24 (Source: P.A. 93-226, eff. 7-22-03; 93-259, eff. 7-22-03;
25 93-275, eff. 7-22-03; 93-968, eff. 8-20-04.)"; and
26 on page 1, immediately after line 23, by inserting the
27 following:
28     "Section 99. Effective date. This Act takes effect upon
29 becoming law.".