As Reported by the House State Government Committee         1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 769    5            

      1999-2000                                                    6            


    REPRESENTATIVES METTLER-NETZLEY-JERSE-GRENDELL-JACOBSON-       8            

                VAN VYVEN-PETERSON-ROBINSON-CATES                               


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 117.01, 117.11, and 117.12 of the   11           

                Revised Code to make changes in the law governing  12           

                the Auditor of State's audits of public offices.   13           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That sections 117.01, 117.11, and 117.12 of the  17           

Revised Code be amended to read as follows:                        18           

      Sec. 117.01.  As used in this chapter:                       27           

      (A)  "Color of office" means actually, purportedly, or       29           

allegedly done under any law, ordinance, resolution, order, or     30           

other pretension to official right, power, or authority.           31           

      (B)  "Public accountant" means any person who is authorized  33           

by Chapter 4701. of the Revised Code to use the designation of     34           

certified public accountant or who was registered prior to         35           

January 1, 1971, as a public accountant.                           36           

      (C)  "Public money" means any money received, collected by,  38           

or due a public official under color of office, as well as any     39           

money collected by any individual on behalf of a public office or  40           

as a purported representative or agent of the public office.       41           

      (D)  "Public office" means any state agency, public          43           

institution, political subdivision, other organized body, office,  44           

agency, institution, or entity established by the laws of this     45           

state for the exercise of any function of government.              46           

      (E)  "Public official" means any officer, employee, or duly  48           

authorized representative or agent of a public office.             49           

      (F)  "State agency" means every organized body, office,      51           

                                                          2      


                                                                 
agency, institution, or other entity established by the laws of    52           

the state for the exercise of any function of state government.    53           

      (G)  "AUDIT" MEANS ANY OF THE FOLLOWING:                     55           

      (1)  ANY EXAMINATION, ANALYSIS, OR INSPECTION OF THE         57           

STATE'S OR A PUBLIC OFFICE'S FINANCIAL STATEMENTS OR REPORTS;      59           

      (2)  ANY EXAMINATION, ANALYSIS, OR INSPECTION OF RECORDS,    61           

DOCUMENTS, BOOKS, OR ANY OTHER EVIDENCE RELATING TO EITHER OF THE  63           

FOLLOWING:                                                                      

      (a)  THE COLLECTION, RECEIPT, ACCOUNTING, USE, OR            65           

EXPENDITURE OF PUBLIC MONEY BY A PUBLIC OFFICE OR BY A PRIVATE     66           

INSTITUTION, ASSOCIATION, BOARD, OR CORPORATION;                   67           

      (b)  THE DETERMINATION BY THE AUDITOR OF STATE, AS REQUIRED  69           

BY SECTION 117.11 OF THE REVISED CODE, OF WHETHER A PUBLIC OFFICE  70           

HAS COMPLIED WITH ALL THE LAWS, RULES, ORDINANCES, OR ORDERS       71           

PERTAINING TO THE PUBLIC OFFICE.                                                

      (3)  ANY OTHER TYPE OF EXAMINATION, ANALYSIS, OR INSPECTION  73           

OF A PUBLIC OFFICE OR OF A PRIVATE INSTITUTION, ASSOCIATION,       75           

BOARD, OR CORPORATION RECEIVING PUBLIC MONEY THAT IS CONDUCTED     76           

ACCORDING TO GENERALLY ACCEPTED OR GOVERNMENTAL AUDITING           77           

STANDARDS ESTABLISHED BY RULE PURSUANT TO SECTION 117.19 OF THE    78           

REVISED CODE.                                                                   

      Sec. 117.11.  (A)  Except as OTHERWISE provided in THIS      87           

division (D) of this section, the auditor of state shall commence  89           

an audit of each public office not more than AT LEAST ONCE EVERY   91           

two FISCAL years from the release date of the last audit report    93           

of such public office.  THE AUDITOR OF STATE SHALL AUDIT A PUBLIC  94           

OFFICE EACH FISCAL YEAR IF THAT PUBLIC OFFICE IS REQUIRED TO BE    95           

AUDITED ON AN ANNUAL BASIS PURSUANT TO "THE SINGLE AUDIT ACT OF    96           

1984," 98 STAT. 2327, 31 U.S.C.A. 7501 ET SEQ., AS AMENDED.  In    97           

the ANNUAL OR BIENNIAL audit, inquiry shall be made into the       98           

methods, accuracy, and legality of the accounts, financial         99           

reports, records, files, and reports of the office, whether the    100          

laws, RULES, ordinances, and orders pertaining to the office have  102          

been observed, and whether the requirements and rules of the       103          

                                                          3      


                                                                 
auditor of state have been complied with.  Except AS OTHERWISE     104          

PROVIDED IN THIS DIVISION OR where auditing standards or           105          

procedures dictate otherwise, each audit shall cover at least one  106          

fiscal year.  IF A PUBLIC OFFICE IS AUDITED ONLY ONCE EVERY TWO    107          

FISCAL YEARS, THE AUDIT SHALL COVER BOTH FISCAL YEARS.             108          

      (B)  IN ADDITION TO THE ANNUAL OR BIENNIAL AUDIT PROVIDED    110          

FOR IN DIVISION (A) OF THIS SECTION, THE AUDITOR OF STATE MAY      111          

CONDUCT AN AUDIT OF A PUBLIC OFFICE AT ANY TIME WHEN SO REQUESTED  114          

BY THE PUBLIC OFFICE OR UPON THE AUDITOR OF STATE'S OWN                         

INITIATIVE IF THE AUDITOR OF STATE HAS REASONABLE CAUSE TO         115          

BELIEVE THAT AN ADDITIONAL AUDIT IS IN THE PUBLIC INTEREST.        116          

      (B)(C)(1)  The auditor of state shall identify any public    118          

office in which the auditor of state will be unable to conduct an  119          

audit AT LEAST once every two FISCAL years as required by          120          

division (A) of this section and shall provide immediate written   121          

notice to the clerk of the legislative authority or governing      123          

board of the public office so identified.  Within six months of    124          

the receipt of such notice, the legislative authority or           125          

governing board may engage an independent certified public         126          

accountant to conduct an audit pursuant to section 117.12 of the   127          

Revised Code.                                                                   

      (2)  When the chief fiscal officer of a public office        129          

notifies the auditor of state that an audit is required at a time  130          

prior to the next regularly scheduled audit by the auditor of      131          

state, the auditor of state shall either cause an earlier audit    132          

to be made by the auditor of state or authorize the legislative    133          

authority or governing board of the public office to engage an     134          

independent certified public accountant to conduct the required    135          

audit.  The scope of the audit shall be as authorized by the       136          

auditor of state.                                                  137          

      (3)  The auditor of state shall approve the scope of an      139          

audit under division (B)(C)(1) or (2) of this section as set       140          

forth in the contract for the proposed audit before the contract   141          

is executed on behalf of the public office that is to be audited.  142          

                                                          4      


                                                                 
The independent accountant conducting an audit under division      144          

(B)(C)(1) or (2) of this section shall be paid by the public                    

office.                                                            145          

      (C)(D)  If a uniform accounting network is established       147          

under section 117.101 of the Revised Code, the auditor of state    148          

or a certified public accountant employed pursuant to this         149          

section or section 115.56 of the Revised Code shall, to the        150          

extent practicable, utilize services offered by the network in     151          

order to conduct efficient and economical audits of public         152          

offices.                                                                        

      (D)  The auditor of state may, by rule, provide for waiver   154          

of the two-year requirement of division (A) of this section with   155          

respect to:                                                        156          

      (1)  Public offices participating in a uniform accounting    158          

network established under section 117.101 of the Revised Code;     159          

      (2)  Public offices that are not required by federal law to  161          

be audited in accordance with federal auditing standards.          162          

      The rules may provide for the application of specified       164          

audit procedures to such public offices in lieu of an audit in     165          

accordance with generally accepted government auditing standards.  166          

      (E)  The auditor of state shall, in accordance with          168          

division (A)(3) of section 9.65 of the Revised Code and this       169          

section, audit an annuity program for volunteer fire fighters      170          

established by a political subdivision under section 9.65 of the   171          

Revised Code.  As used in this section, "volunteer fire fighters"  172          

and "political subdivision" have the same meanings as in division  173          

(C) of section 9.65 of the Revised Code.                           174          

      Sec. 117.12.  Any public accountant engaged to perform an    183          

audit pursuant to division (B)(C) of section 117.11 of the         184          

Revised Code shall conduct the audit pursuant to the standards,    186          

procedures, and guidelines of the auditor of state for such        187          

audits.  The auditor of state shall establish these standards,     188          

procedures, and guidelines by rule.  The audit shall cover the     189          

period beginning with the termination date of the most recent      190          

                                                          5      


                                                                 
audit conducted under this section or section 117.11 of the        191          

Revised Code and ending on the date specified by the auditor of    192          

state.  The accountant shall inquire into the methods, accuracy,   193          

and legality of the accounts, records, files, and reports of the   194          

public office and shall note whether, in his THE ACCOUNTANT'S      195          

opinion, the laws, RULES, ordinances, and orders pertaining to     197          

the public office have been complied with.  The accountant shall   198          

have no authority to make formal findings of illegality,           199          

malfeasance, or gross neglect under this division or section       200          

117.23 of the Revised Code.                                                     

      Section 2.  That existing sections 117.01, 117.11, and       202          

117.12 of the Revised Code are hereby repealed.                    203