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

(30 ILCS 5/Art. II heading)
ARTICLE II.  
		AUDITOR GENERAL
(30 ILCS 5/2-1) (from Ch. 15, par. 302-1)
Sec. 2-1. 
		Qualifications.
The Auditor General must be a person qualified under the Constitution
and determined by the General Assembly to be experienced and competent in
governmental auditing, financial management, or government operation and
knowledgeable in the subject of state government.
(Source: P.A. 78-884.)
(30 ILCS 5/2-2) (from Ch. 15, par. 302-2)
Sec. 2-2. 
		
		Term of
office.
The Auditor General shall serve for a term of 10 years, each Auditor
General's term commencing with the effective date of his appointment. At
the conclusion of his term, the Auditor General becomes Acting Auditor
General, until the appointment and qualification of a successor. A
partially completed term of an Auditor General is terminated upon the
occurrence of a vacancy in that office.
(Source: P.A. 78-884.)
(30 ILCS 5/2-3) (from Ch. 15, par. 302-3)
Sec. 2-3. 
		Appointment-Procedure.
(a) Except as may otherwise be provided by the Joint Rules of the
General Assembly:
(1) Upon the creation of a vacancy in the office of Auditor General, the
Commission shall diligently search out qualified candidates for the office
and make recommendations to the General Assembly;
(2) The Auditor General shall be appointed by a joint resolution of the
Senate and the House of Representatives, which may specify the date on
which the appointment takes effect.
(b) A joint resolution, or other document as may be specified by the
Joint Rules, appointing an Auditor General must be certified by the Speaker
of the House and the President of the Senate as having been adopted by the
affirmative vote of 3/5 of the members elected to each house, respectively,
and be filed with the Secretary of State.
(c) An appointment of an Auditor General takes effect on the day the
appointment is completed by the General Assembly, unless the appointment
specifies a later date on which it is to become effective.
(Source: P.A. 78-884.)
(30 ILCS 5/2-4) (from Ch. 15, par. 302-4)
Sec. 2-4. 
		Oath.
Each prospective Auditor General, before taking office, shall take and
subscribe to the oath or affirmation prescribed by Section 3 of Article
XIII of the Constitution, an executed copy of which shall be filed with the
Secretary of State.
(Source: P.A. 78-884.)
(30 ILCS 5/2-5) (from Ch. 15, par. 302-5)
Sec. 2-5. 
		Vacancy-Acting Auditor General.
(a) A vacancy in the office of Auditor General occurs upon:
(1) the death or resignation of the Auditor General;
(2) the disqualification of the Auditor General pursuant to Sections 1
or 2 of Article XIII of the Constitution;
(3) the removal of the Auditor General by the General Assembly; or
(4) the conclusion of the term of an Auditor General.
(b) When a vacancy in the office of Auditor General occurs, the Deputy
Auditor General becomes Acting Auditor General, except when the former
Auditor General serves as Acting Auditor General pursuant to Section 2-2.
(c) An Acting Auditor General may exercise all of the powers and shall
have all of the duties of the Auditor General. An Acting Auditor General
shall receive the compensation fixed by law for the Auditor General for as
long as he holds that position.
(d) An Acting Auditor General serves at the pleasure of the General
Assembly and of the Commission, either of which may remove him without
cause. Removal by the General Assembly or the Commission of an Acting
Auditor General who holds that position ex officio as Deputy Auditor
General also operates to remove him from the office of Deputy Auditor
General.
(Source: P.A. 78-884.)
(30 ILCS 5/2-6) (from Ch. 15, par. 302-6)
Sec. 2-6. 
		
		Removal
for cause.
(a) Cause for removal includes incompetence, neglect of duty,
malfeasance in office, and violation of the prohibitions of Section 2-7 of
this Act.
(b) Unless otherwise provided by the Joint Rules of the General
Assembly, removal of an Auditor General shall be effected by joint
resolution, setting out the cause for which removal is sought, and in each
house, prior to any vote on removal, the Auditor General shall be provided
a reasonable opportunity to appear before the house, or a committee
thereof, to respond to the charges of cause in the removal resolution.
(Source: P.A. 78-884.)
(30 ILCS 5/2-7) (from Ch. 15, par. 302-7)
Sec. 2-7. 
		Prohibitions.
Neither the Auditor General nor any Deputy Auditor
General may:
(a) become a candidate for any elective public office;
(b) hold any other public office, by appointment or otherwise, except
for appointments on governmental advisory boards or study commissions or as
otherwise expressly authorized by law or by joint resolution or joint rule
of the General Assembly;
(c) hold any other employment;
(d) be actively involved in the affairs of any political party;
(e) actively participate in any political campaign for any public office
created by the Constitution or by any statute of the State of Illinois;
(f) actively participate in any campaign relating to a referendum or
public question concerning the Constitution, the government of the State of
Illinois or any local or private agency audited by the office of Auditor
General during the preceding 4 years;
(g) hold any legal, equitable, creditor or debt interest in any
partnership, firm or other entity which contracts with the office of
Auditor General during his term or tenure;
(h) have any direct or indirect financial or economic interest in the
transactions of any agency audited by the office of Auditor General during
his term or tenure, but written disclosure of any such interest to the
Commission and formal disqualification from participation in any post audit
involving that agency may, with the approval of the Commission, constitute
compliance with this paragraph if the interest is either insubstantial or
results directly from an interest held before becoming Auditor General or
Deputy Auditor General;
(i) conduct or supervise a post audit of any agency for which he was
responsible or by which he was employed or with which he contracted during
the preceding 4 years;
(j) make or report publicly any charges of nonfeasance or malfeasance in
office of any public official or illegal conduct of any person unless he
knows of reasonable grounds, based on accepted auditing and accounting
standards, for such charges.
(Source: P.A. 88-504.)
(30 ILCS 5/2-8) (from Ch. 15, par. 302-8)
Sec. 2-8. 
		
		Deputy
Auditor General.
(a) There are created 2 positions of
Deputy Auditor General.  Each person appointed as a Deputy Auditor General
shall
be an officer in the office of Auditor General. Each Deputy Auditor
General
shall be appointed by the Auditor General, subject to the advice and
consent of at least 3/5 of the membership of the Commission. Each
Deputy
Auditor General shall serve at the pleasure of the Auditor General.
(b) If there are vacancies in both offices of Deputy Auditor General at the
same time there is a vacancy in the office of Auditor General, the
Commission shall immediately appoint a Deputy Auditor General by a vote of
at least 3/5 of its membership. The person so appointed as Deputy Auditor
General may, but is not required to, be a certified public accountant. This
paragraph does not apply, however, when the former Auditor General is
serving as Acting Auditor General pursuant to Section 2-2.
(c) Each Deputy Auditor General shall perform the duties
assigned by the
Auditor General.
(d) The Auditor General shall dismiss a Deputy Auditor General
for
violation of any provision of Section 2-7.
(Source: P.A. 88-504.)
(30 ILCS 5/2-8.1)
Sec. 2-8.1. Actuarial Responsibilities.
(a) The Auditor General shall contract with or hire  an actuary to serve as the State Actuary. The State Actuary shall be retained  by, serve at the pleasure of, and be under the supervision of the Auditor General and shall be paid from appropriations to the office of the Auditor General. The State Actuary may be selected by the Auditor General without engaging in a competitive procurement process.
(b) The State Actuary shall:
(1) review assumptions and valuations prepared by     actuaries retained by  the boards of trustees of the State-funded retirement systems;
(2) issue preliminary reports to the boards of     trustees of the State-funded retirement systems concerning proposed certifications of required State contributions submitted to the State Actuary by those boards;
(3) cooperate with the boards of trustees of the     State-funded retirement systems to identify recommended changes in actuarial assumptions that the boards must consider before finalizing their certifications of the required State contributions;
(4) conduct reviews of the actuarial practices of      the boards of trustees of the State-funded retirement systems;
(5) make additional reports as directed by joint     resolution of the General Assembly; and
(6) perform any other duties assigned by the Auditor     General, including, but not limited to, reviews of the actuarial practices of other entities.
(c) On or before January 1, 2013 and each January 1 thereafter, the Auditor General shall submit a written report to the General Assembly and Governor documenting the initial assumptions and valuations prepared by actuaries retained by  the boards of trustees of the State-funded retirement systems, any changes recommended by the State Actuary in the actuarial assumptions, and the responses of each board to the State Actuary's recommendations.
(d) For the purposes of this Section, "State-funded retirement system" means a retirement system established pursuant to Article 2, 14, 15, 16, or 18 of the Illinois Pension Code.
(Source: P.A. 97-694, eff. 6-18-12.)
(30 ILCS 5/2-9) (from Ch. 15, par. 302-9)
Sec. 2-9. 
		
		Office
of Auditor General.
The Auditor General shall maintain his principal office in Springfield,
and may maintain such other offices as may be necessary. The Auditor
General may purchase or lease equipment and supplies as may be necessary to
carry out his duties, and shall maintain records and files of the work of
the office.
(Source: P.A. 78-884.)
(30 ILCS 5/2-10) (from Ch. 15, par. 302-10)
Sec. 2-10. 
		Employees. 
		(a) The Auditor General may hire employees as may be necessary and
appropriate to carry out his duties. Employees of the Auditor General
shall not be subject to the Personnel Code.
(b) The Auditor General shall fix the salaries of his employees.
(c) The Auditor General shall adopt rules establishing a general
salary schedule according to a classification of employees, but subject
to merit increases, which shall apply to all employees.
(d) The Auditor General may suspend or dismiss employees.
(e) The Auditor General shall adopt rules concerning conflicts of
interest and involvement in public campaigns relating to audited
agencies which shall apply to employees of the office.
(f) The Auditor General shall adopt rules establishing grounds for
dismissal of employees, which shall include violation of the rules
adopted under paragraph (e).
(Source: P.A. 80-533.)
(30 ILCS 5/2-11) (from Ch. 15, par. 302-11)
Sec. 2-11. Special assistant auditors.
(a) The Auditor General may contract with certified public
accountants licensed in
Illinois, qualified management consultants, attorneys licensed in
Illinois, and other persons or firms necessary to carry out
his duties. For the purpose of assisting in performance audits,
the Auditor
General may contract with any State agency.  The Auditor General may
contract with other governmental agencies for the conduct of joint audits
of a State agency or a portion thereof.
(b) The Auditor General shall adopt rules establishing
qualifications for nonlicensed persons with whom he may
contract.
(c) The Auditor General may designate any person with whom he
contracts as a special assistant auditor for the purpose of conducting a
post audit or investigation under his supervision. The Auditor General
may delegate his powers and authority respecting post audits and
investigations to special assistant auditors other than the power of
subpoena, but any delegation of authority to administer oaths or take
depositions must be made in writing and limited to a particular audit or
investigation.
(Source: P.A. 93-630, eff. 12-23-03.)
(30 ILCS 5/2-12) (from Ch. 15, par. 302-12)
Sec. 2-12. 
		Rules. 
		(a) The Auditor General may adopt rules governing the operation of
the office as may be necessary or advisable in the execution of his
duties, except on subjects where this Act requires or authorizes the
adoption of regulations. Rules of the Auditor General must be consistent
with this Act.
(b) Rules may be adopted, amended, or repealed by the Auditor General
in accordance with The Illinois Administrative Procedure Act.
The Auditor General shall file a copy of any proposed rule with the Commission,
at least 30 days before its final adoption.  After filing an adopted rule
with the Secretary of State, the Auditor General shall immediately send
a copy of the rule to the Commission.
(c) In addition to rules required by other provisions of this Act,
the Auditor General shall adopt rules establishing:
(1) guidelines for the supervision and conduct of post audits,
including allocation of supervisory responsibilities, procedures for
examining and copying books, records, and documents, persons, procedures
for questioning, procedures for taking depositions, and maintenance of
records and working papers relating to post audits;
(2) qualifications and procedures for special assistant auditors and
their appointment and contracts;
(3) guidelines for the use by employees and by authorized special
assistant auditors of his authority to take depositions and administer
oaths; and
(4) procedures for employees and special assistant auditors to secure
his approval of a subpoena which may be desired by a person responsible
for a post audit.
(Source: P.A. 82-368.)
(30 ILCS 5/2-13) (from Ch. 15, par. 302-13)
Sec. 2-13. 
		Financial records-Audit of office.
(a) The Auditor General shall maintain an accounting system and books
and records relating to the financial transactions of his office. All such
systems, books and records shall comply with the requirements of law
applicable to state agencies in the executive branch.
(b) The office of Auditor General shall be audited periodically as
required or ordered by the Commission. The Auditor General, any
Deputy
Auditor General, and all employees of the office of Auditor General are
prohibited from participating in any post audit of the office of Auditor
General, except insofar as their cooperation or assistance may be requested
by the person or firm making the audit.
(Source: P.A. 88-504.)
(30 ILCS 5/2-14) (from Ch. 15, par. 302-14)
Sec. 2-14. 
		Salaries.
(a) The Auditor General shall receive an annual salary of $76,991 or
as set by the Compensation Review Board, whichever is greater.
(b) Each Deputy Auditor General shall receive an annual salary
of $71,576 or
an amount set by the Compensation Review Board, whichever is greater.  All
changes in the salary of a Deputy Auditor General made by the
Auditor General
shall be subject to the approval of the Commission.
(c) The salaries provided for in this Act shall be paid from the State
treasury on a monthly basis.
(Source: P.A. 87-1216; 88-504.)
(30 ILCS 5/2-15)
Sec. 2-15. Fraud hot line.  The Office of the Auditor General shall operate a toll-free telephone hot line for the public to report allegations of fraud in the executive branch of State government.  The Office may conduct audits concerning alleged fraud and, in appropriate circumstances, may refer allegations of fraud to law enforcement authorities or other governmental entities with jurisdiction over the alleged fraud. The Office shall adopt rules for the implementation of this Section.
(Source: P.A. 97-261, eff. 8-5-11.)
(30 ILCS 5/2-16)
Sec. 2-16. Contract aspirational goals. The Auditor General shall establish aspirational goals for contract awards substantially in accordance with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless otherwise governed by other law. The Auditor General shall not be subject to the jurisdiction of the Business Enterprise Council established under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act with regard to steps taken to achieve aspirational goals. The Auditor General shall annually post the Office's utilization of businesses owned by minorities, women, and persons with disabilities during the preceding fiscal year on the Office's Internet websites.
(Source: P.A. 100-801, eff. 8-10-18; 101-81, eff. 7-12-19.)
(30 ILCS 5/2-20)
Sec. 2-20. Certification of federal waivers and amendments to the Illinois Title XIX State plan.
(a) No later than August 1, 2012,  the Department shall file a report with the Auditor General, the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Senate President, and the Senate Minority Leader listing any necessary amendment to the Illinois Title XIX State plan, federal waiver request, or State administrative rule required to implement this amendatory Act of the 97th General Assembly.
(b) No later than March 1, 2013, the Department shall provide evidence to the Auditor General that it has undertaken the required actions listed in the report required by subsection (a).
(c) No later than May 1, 2013, the Auditor General shall submit a report to the Governor, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Senate President, and the Senate Minority Leader as to whether the Department has undertaken the required actions listed in the report required by subsection (a).
(Source: P.A. 97-689, eff. 6-14-12.)
(30 ILCS 5/2-27)
Sec. 2-27. Certification of Community Care Program reform implementation.
(a) No later than July 1, 2013, the Department on Aging shall file
a report with the Auditor General, the Governor, the Speaker of
the House of Representatives, the Minority Leader of the House
of Representatives, the President of the Senate, and the Minority Leader of the Senate listing any necessary amendment to the Illinois
Title XIX State plan, any federal waiver request, any State
administrative rule, or any State Policy changes and notifications required to implement this amendatory Act
of the 98th General Assembly.
(b) No later than February 1, 2014, the Department on Aging shall
provide evidence to the Auditor General that it has undertaken
the required actions listed in the report required by
subsection (a).
(c) No later than April 1, 2014, the Auditor General shall
submit a report to the Governor, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the Minority Leader of the Senate as to whether the Department on Aging has undertaken the required
actions listed in the report required by subsection (a).
(Source: P.A. 98-8, eff. 5-3-13.)