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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.)