HB3372 99TH GENERAL ASSEMBLY

LRB099 07200 JLK 27294 b

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.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Attorney General Act is amended by adding Section 8 as follows:

(15 ILCS 205/8 new)

Sec. 8. Investigation of audit findings. 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 pursuant to Section 3-14 of the Illinois State Auditing Act, the Attorney General must, within 60 days of receiving notice of these audit findings from the Legislative Audit Commission, provide a report to the Commission addressing:

(1) whether further investigation is necessary;

(2) a summary of steps taken to date in response to the audit findings;

(3) if and to what agency referral to additional law enforcement has been made or is recommended; and

(4) if civil recovery is being undertaken.

After the initial report to the Commission, the Attorney General must submit these reports on a quarterly basis thereafter regarding the Attorney General's findings until the investigation is closed or fully referred to another law enforcement agency.

Section 10. The Illinois State Auditing Act is amended by changing Section 3-14 as follows:

(30 ILCS 5/3-14) (from Ch. 15, par. 303-14)

Sec. 3-14. Audit reports. Upon completion of any audit the Auditor General shall issue an audit report which shall include: a precise statement of the scope of the audit or review, a statement of the material findings resulting from the audit, a statement of the underlying cause, evaluative criteria used and the current and prospective significance thereof and a statement of explanation or rebuttal which may have been submitted by the agency audited relevant to the audit findings included in the report.

As part of this report the Auditor General shall prepare a signed digest of the legislatively significant matters of the report and, as may be applicable, a concise statement of (1) any actions taken or contemplated by persons or agencies subsequent to the completion of the audit but prior to the release of the report, which bear on matters in the report, (2) any actions the Auditor General considers necessary or desirable, and (3) any other information the Auditor General deems useful to the General Assembly in order to understand or act on any matters presented in the audit.

The Auditor General shall submit a copy of each audit report to the Commission, the Governor, the Speaker and minority leader of the House of Representatives and the President and minority leader of the Senate.

All audit reports shall be maintained in the Office of the Auditor General as a public record, subject to Section 3-11.

If the post audit of a State agency discloses an apparent violation of a penal statute or an apparent instance of misfeasance, malfeasance or nonfeasance, by any person, relating to the obligation, expenditure, receipt or use of public funds of the State, the Auditor General shall immediately notify the Attorney General and make a written report to the Commission and the Governor stating that to be the case and setting forth the underlying facts that have led to that conclusion.

(Source: P.A. 82-368.)