2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 5/ - Illinois State Auditing Act. › Article I - General Provisions

(30 ILCS 5/Art. I heading)
ARTICLE I.  
		GENERAL PROVISIONS
(30 ILCS 5/1-1) (from Ch. 15, par. 301-1)
Sec. 1-1. 
		Short
title.
		This Act shall be known and may be cited as the Illinois State Auditing Act.
(Source: P.A. 78-884.)
(30 ILCS 5/1-2) (from Ch. 15, par. 301-2)
Sec. 1-2. 
		
		Purpose
and construction.
(a) This Act implements Article VIII, Section 3 of the Constitution, and
shall be construed in furtherance of those provisions.
(b) This Act is intended to provide a comprehensive and thorough post
audit of the obligation, expenditure, receipt and use of public funds of
the State under the direction and control of the Auditor General, to the
end that the government of the State of Illinois will be accountable to the
General Assembly and the citizens and taxpayers, and to the end that the
constitutional and statutory requirements governing state fiscal and
financial operations will be enforced.
(c) This Act is intended to govern the Auditor General under the control
and direction of the General Assembly. Neither the enactment of this Act
nor any provision contained herein shall in any way derogate from the
status of the Auditor General as a legislative officer of the State under
the Constitution.
(Source: P.A. 78-884.)
(30 ILCS 5/1-3) (from Ch. 15, par. 301-3)
Sec. 1-3. 
		Definitions. 
		
		For purposes of this Act, the terms defined in the succeeding Sections
of this Article have the meanings ascribed to them in those Sections.
(Source: P.A. 78-884.)
(30 ILCS 5/1-4) (from Ch. 15, par. 301-4)
Sec. 1-4. 
		
		
		"Auditor General" means the officer appointed by the General Assembly
pursuant to paragraph (a) of Section 3 of Article VIII of the Constitution.
(Source: P.A. 78-884.)
(30 ILCS 5/1-5) (from Ch. 15, par. 301-5)
Sec. 1-5. 
		
		"Deputy Auditor General" means the officer or officers established
in
Section 2-8 of
this Act.
(Source: P.A. 88-504.)
(30 ILCS 5/1-6) (from Ch. 15, par. 301-6)
Sec. 1-6. 
		
		"Office of Auditor General" means, as the context may require, the
Auditor General, any Deputy Auditor General and all employees and
agents of
the Auditor General, the equipment and facilities maintained by the Auditor
General, and the records, files and work product of the Auditor General and
those responsible to him.
(Source: P.A. 88-504.)
(30 ILCS 5/1-7) (from Ch. 15, par. 301-7)
Sec. 1-7. 
		
		
		"State agencies" means all officers, boards, commissions and agencies
created by the Constitution, whether in the executive, legislative or
judicial branch, but other than the circuit court; all officers,
departments, boards, commissions, agencies, institutions, authorities,
universities, bodies politic and corporate of the State; and administrative
units or corporate outgrowths of the State government which are created by
or pursuant to statute, other than units of local government and their
officers, school districts and boards of election commissioners; all
administrative units and corporate outgrowths of the above and as may be
created by executive order of the Governor.
(Source: P.A. 78-884.)
(30 ILCS 5/1-8) (from Ch. 15, par. 301-8)
Sec. 1-8. 
		
		
		"Local government agencies" means school districts, units of local
government and their officers, boards of election commissioners and the
circuit courts, which obligate, receive or use public funds of the State.
(Source: P.A. 78-884.)
(30 ILCS 5/1-9) (from Ch. 15, par. 301-9)
Sec. 1-9. 
		
		
		"Private agencies" means persons, corporations, agencies, associations,
institutions or other entities which are not governmental bodies but which
obligate, receive or use public funds of the State by grant, appropriation
or otherwise.
(Source: P.A. 78-884.)
(30 ILCS 5/1-10) (from Ch. 15, par. 301-10)
Sec. 1-10. 
		
		
		"Commission" means the Legislative Audit Commission.
(Source: P.A. 78-884.)
(30 ILCS 5/1-12) (from Ch. 15, par. 301-12)
Sec. 1-12. Post audit or audit.
"Post audit" or "audit" means a post facto examination of books,
documents, records, and other evidence relating to the obligation, receipt,
expenditure or use of public funds of the State, including governmental
operations relating to such obligation, receipt, expenditure, or use. A
post audit is a financial audit, a compliance audit or other attestation
engagement, or a performance audit,
as those terms are
defined in this Article, or some combination thereof.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-13) (from Ch. 15, par. 301-13)
Sec. 1-13. Compliance audit. "Compliance audit" means
an attestation engagement that either
examines,
reviews, or entails performing agreed-upon procedures on a subject matter or an
assertion
about a subject matter and reporting on the results. The compliance audit, as
appropriate,
may address agency management representations, assertions, and supporting
evidence regarding:
(a) whether the audited agency has obligated,     expended, received and used public funds of the State in accordance with the purpose for which such funds have been appropriated or otherwise authorized by law;
(b) whether the audited agency has obligated,     expended, received and used public funds of the State in accordance with any limitations, restrictions, conditions or mandatory directions imposed by law upon such obligation, expenditure, receipt or use;
(c) in the case of a State agency, whether the     audited agency has generally complied with applicable laws and regulations, including the State uniform accounting system, in its financial and fiscal operations;
(d) in the case of a State agency, whether the     records, books and accounts of the audited agency accurately reflect its financial and fiscal operations;
(e) in the case of a local or private agency, whether     the records, books and accounts of the audited agency fairly and accurately reflect its financial and fiscal operations relating to the obligation, receipt, expenditures and use of public funds of the State to the extent such operations must be reviewed to complete post audit determinations under paragraphs (a) and (b) of this Section;
(f) in the case of a State agency, whether the     audited agency is maintaining effective internal controls over revenues, obligations, expenditures, assets and liabilities;
(g) whether collections of State revenues and     receipts by the audited agency are in accordance with applicable laws and regulations and whether the accounting and record keeping of such revenues and receipts is fair, accurate and in accordance with law;
(h) in the case of a State agency, whether money or     negotiable securities or similar assets handled by the audited agency on behalf of the State or held in trust by the audited agency have been properly and legally administered, and whether the accounting and record keeping relating thereto is proper, accurate and in accordance with law; and
(i) whether financial, program and statistical     reports of the audited agency contain useful data and are fairly presented.
Compliance audits are to be performed in accordance with attestation
standards issued by the American Institute of Certified Public Accountants
(AICPA), related AICPA Statements on Standards for Attestation Engagements, and
generally accepted government auditing standards (GAGAS) current at the time
the audit is commenced.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-13.5)
Sec. 1-13.5. Financial audit.  "Financial audit" means a post audit
primarily concerned with providing reasonable assurance about whether
financial
statements are presented fairly in all material respects in conformity with
generally
accepted accounting principles (GAAP), or with a comprehensive basis of
accounting
other than GAAP. Other objectives of financial audits, which provide for
different levels of
assurance and entail various scopes of work, may include, as appropriate:
(1) providing special reports for specified elements,     accounts, or items of a financial statement;
(2) reviewing interim financial information;
(3) issuing letters for underwriters and certain     other requesting parties;
(4) reporting on the processing of transactions by     service organizations; and
(5) auditing compliance with regulations relating to     federal award expenditures and other governmental financial assistance in conjunction with or as a byproduct of a financial statement audit.
Financial audits are to be performed in accordance with generally accepted
auditing standards issued by the American Institute of Certified Public
Accountants (AICPA) for field work and reporting, generally accepted government
auditing standards (GAGAS), and AICPA Statements on Auditing Standards (SAS)
current at the time the audit is commenced.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-14) (from Ch. 15, par. 301-14)
Sec. 1-14. Performance audit.
"Performance audit" means an objective and systematic examination of
evidence
in order to provide an independent assessment of the performance and management
of a
program against objective criteria. Performance audits provide information to
improve
program operations and facilitate decision-making by parties with
responsibility to
oversee or initiate corrective action, and improve public accountability.
Performance audits include management audits, which are also called economy
and efficiency audits,
and program audits.
A program audit addresses the
effectiveness of a
program
and typically measures the extent to which a program is achieving its goals and
objectives.
An economy and efficiency audit concerns whether
an
agency is acquiring, protecting, and using its resources in the most productive
manner to
achieve program objectives.
Program audits and economy and efficiency audits may include an
assessment
of:
(1) the extent to which legislative, regulatory, or     organizational goals and objectives are being achieved;
(2) the relative ability of alternative approaches to     yield better program performance or eliminate factors that inhibit program effectiveness;
(3) the relative cost and benefits or cost     effectiveness of program performance;
(4) whether a program produced intended results or     produced effects that were not intended by the program's objectives;
(5) the extent to which programs duplicate, overlap,     or conflict with other related programs;
(6) whether the audited entity is following sound     procurement practices;
(7) the validity and reliability of performance     measures concerning program effectiveness and results or economy and efficiency; and
(8) the reliability, validity, or relevance of     financial information related to the performance of a program.
Performance audits may also encompass objectives related to internal control
and
compliance with legal or other requirements.
Performance audits are to be performed in accordance with generally accepted
government auditing standards (GAGAS) current at the time the audit is
commenced.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-15) (from Ch. 15, par. 301-15)
Sec. 1-15. 
		(Repealed).
(Source: P.A. 80-533.  Repealed by P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-16) (from Ch. 15, par. 301-16)
Sec. 1-16. Special audit.
"Special audit" means a financial audit, a compliance audit, or other
attestation engagement of limited scope.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/1-17) (from Ch. 15, par. 301-17)
Sec. 1-17. 
		
		"Investigation" means an inquiry into specified acts or allegations of
impropriety, malfeasance, misfeasance or nonfeasance in the obligation,
expenditure,
receipt or use of public funds of the State, or into specified financial
transactions or practices which may involve such impropriety, malfeasance,
misfeasance
or nonfeasance.
(Source: P.A. 88-113.)
(30 ILCS 5/1-18) (from Ch. 15, par. 301-18)
Sec. 1-18. 
		
		
		"Public funds of the State" has the meaning ascribed to that term in
Article VIII of the Constitution.
(Source: P.A. 78-884.)
(30 ILCS 5/1-19) (from Ch. 15, par. 301-19)
Sec. 1-19. 
		
		
		"Constitution" means the Constitution of the State of Illinois of 1970.
(Source: P.A. 78-884.)
(30 ILCS 5/1-20) (from Ch. 15, par. 301-20)
Sec. 1-20. 
		
		
		"Agency" includes State agencies, local government agencies, and private
agencies, unless the context clearly requires a different meaning.
(Source: P.A. 78-884.)