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Sub. S. B. No. 4 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Daniels, Hughes, LaRose, Brown, Turner
A BILL
To amend section 117.13 and to enact sections 117.46,
117.461, 117.47, 117.471, and 117.472 of the
Revised Code to require performance auditing by
the Auditor of State of a minimum of four state
agencies each biennium, to establish the Leverage
for Efficiency, Accountability, and Performance
Fund, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 117.13 be amended and sections
117.46, 117.461, 117.47, 117.471, and 117.472 of the Revised Code
be enacted to read as follows:
Sec. 117.13. (A) The Except as otherwise provided in section
117.472 of the Revised Code, the costs of audits of state agencies
shall be recovered by the auditor of state in the following
manner:
(1) The costs of all audits of state agencies shall be paid
to the auditor of state on statements rendered by the auditor of
state. Money so received by the auditor of state shall be paid
into the state treasury to the credit of the public audit expense
fund--intrastate, which is hereby created, and shall be used to
pay costs related to such audits. The costs of audits of a state
agency shall be charged to the state agency being audited. The
costs of any assistant auditor, employee, or expert employed
pursuant to section 117.09 of the Revised Code called upon to
testify in any legal proceedings in regard to any audit, or called
upon to review or discuss any matter related to any audit, may be
charged to the state agency to which the audit relates.
(2) The auditor of state shall establish by rule rates to be
charged to state agencies for recovering the costs of audits of
state agencies.
(B) As used in this division, "government auditing standards"
means the government auditing standards published by the
comptroller general of the United States general accounting
office.
(1) Except as provided in divisions (B)(2) and (3) of this
section, any costs of an audit of a private institution,
association, board, or corporation receiving public money for its
use shall be charged to the public office providing the public
money in the same manner as costs of an audit of the public
office.
(2) If an audit of a private child placing agency or private
noncustodial agency receiving public money from a public children
services agency for providing child welfare or child protection
services sets forth that money has been illegally expended,
converted, misappropriated, or is unaccounted for, the costs of
the audit shall be charged to the agency being audited in the same
manner as costs of an audit of a public office, unless the
findings are inconsequential, as defined by government auditing
standards.
(3) If such an audit does not set forth that money has been
illegally expended, converted, misappropriated, or is unaccounted
for or sets forth findings that are inconsequential, as defined by
government auditing standards, the costs of the audit shall be
charged as follows:
(a) One-third of the costs to the agency being audited;
(b) One-third of the costs to the public children services
agency that provided the public money to the agency being audited;
(c) One-third of the costs to the department of job and
family services.
(C) The Except as otherwise provided in section 117.472 of
the Revised Code, the costs of audits of local public offices
shall be recovered by the auditor of state in the following
manner:
(1) The total amount of compensation paid assistant auditors
of state, their expenses, the cost of employees assigned to assist
the assistant auditors of state, the cost of experts employed
pursuant to section 117.09 of the Revised Code, and the cost of
typing, reviewing, and copying reports shall be borne by the
public office to which such assistant auditors of state are so
assigned, except that annual vacation and sick leave of assistant
auditors of state, employees, and typists shall be financed from
the general revenue fund. The necessary traveling and hotel
expenses of the deputy inspectors and supervisors of public
offices shall be paid from the state treasury. Assistant auditors
of state shall be compensated by the taxing district or other
public office audited for activities undertaken pursuant to
division (B) of section 117.18 and section 117.24 of the Revised
Code. The costs of any assistant auditor, employee, or expert
employed pursuant to section 117.09 of the Revised Code called
upon to testify in any legal proceedings in regard to any audit,
or called upon to review or discuss any matter related to any
audit, may be charged to the public office to which the audit
relates.
(2) The auditor of state shall certify the amount of such
compensation, expenses, cost of experts, reviewing, copying, and
typing to the fiscal officer of the local public office audited.
The fiscal officer of the local public office shall forthwith draw
a warrant upon the general fund or other appropriate funds of the
local public office to the order of the auditor of state;
provided, that the auditor of state is authorized to negotiate
with any local public office and, upon agreement between the
auditor of state and the local public office, may adopt a schedule
for payment of the amount due under this section. Money so
received by the auditor of state shall be paid into the state
treasury to the credit of the public audit expense fund--local
government, which is hereby created, and shall be used to pay the
compensation, expense, cost of experts and employees, reviewing,
copying, and typing of reports.
(3) At the conclusion of each audit, or analysis and report
made pursuant to section 117.24 of the Revised Code, the auditor
of state shall furnish the fiscal officer of the local public
office audited a statement showing the total cost of the audit, or
of the audit and the analysis and report, and the percentage of
the total cost chargeable to each fund audited. The fiscal officer
may distribute such total cost to each fund audited in accordance
with its percentage of the total cost.
(4) The auditor of state shall provide each local public
office a statement or certification of the amount due from the
public office for services performed by the auditor of state under
this or any other section of the Revised Code, as well as the date
upon which payment is due to the auditor of state. Any local
public office that does not pay the amount due to the auditor of
state by that date may be assessed by the auditor of state for
interest from the date upon which the payment is due at the rate
per annum prescribed by section 5703.47 of the Revised Code. All
interest charges assessed by the auditor of state may be collected
in the same manner as audit costs pursuant to division (D) of this
section.
(D) If the auditor of state fails to receive payment for any
amount due, including, but not limited to, fines, fees, and costs,
from a public office for services performed under this or any
other section of the Revised Code, the auditor of state may seek
payment through the office of budget and management. (Amounts due
include any amount due to an independent public accountant with
whom the auditor has contracted to perform services, all costs and
fees associated with participation in the uniform accounting
network, and all costs associated with the auditor's provision of
local government services.) Upon certification by the auditor of
state to the director of budget and management of any such amount
due, the director shall withhold from the public office any amount
available, up to and including the amount certified as due, from
any funds under the director's control that belong to or are
lawfully payable or due to the public office. The director shall
promptly pay the amount withheld to the auditor of state. If the
director determines that no funds due and payable to the public
office are available or that insufficient amounts of such funds
are available to cover the amount due, the director shall withhold
and pay to the auditor of state the amounts available and, in the
case of a local public office, certify the remaining amount to the
county auditor of the county in which the local public office is
located. The county auditor shall withhold from the local public
office any amount available, up to and including the amount
certified as due, from any funds under the county auditor's
control and belonging to or lawfully payable or due to the local
public office. The county auditor shall promptly pay any such
amount withheld to the auditor of state.
Sec. 117.46. Each biennium the auditor of state shall
conduct a performance audit of a minimum of four state agencies.
At least two of the audits shall be of agencies selected from a
list comprised of the administrative departments listed in section
121.02 of the Revised Code and the department of education and at
least two of the audits shall be of other state agencies.
The auditor of state shall select each agency to be audited
and shall determine whether to audit the entire agency or a
portion of the agency by auditing one or more programs, offices,
boards, councils, or other entities within that agency. The
auditor of state shall make the selection and determination in
consultation with the governor, the speaker and minority leader of
the house of representatives, and president and minority leader of
the senate.
An audit of a portion of an agency shall be considered an
audit of one agency. The authority to audit a portion of an agency
in no way limits the auditor's ability to audit an entire agency
if it is in the best interest of the state.
The auditor of state shall submit a report of each completed
audit to the governor, speaker and minority leader of the house of
representatives, president and minority leader of the senate, and
inspector general. The report shall be submitted within thirty
days of the completion of the audit.
Sec. 117.461. If an agency does not fully implement
performance audit recommendations within one year after an audit
is completed, the agency shall do both of the following:
(A) File a report explaining why the agency has not
implemented the recommendations with the governor, auditor of
state, speaker and minority leader of the house of
representatives, and president and minority leader of the senate;
(B) Provide testimony explaining why the agency has not
implemented the recommendations to the house of representatives
and senate committees dealing primarily with the programs and
activities of the agency.
Sec. 117.47. There is hereby created in the state treasury
the leverage for efficiency, accountability, and performance fund.
The auditor of state shall use the fund to make loans to state
agencies and local public offices requesting loans under section
117.471 of the Revised Code and to pay for costs incurred by the
auditor of state for conducting performance audits. The fund shall
consist of money appropriated to it plus the repayments of
principal and interest on loans made from the fund. Interest
earned on money in the fund shall be credited to the fund.
Sec. 117.471. A state agency or local public office may
apply for a loan from the fund created in section 117.47 of the
Revised Code to pay the auditor of state for a performance audit.
The auditor of state shall oversee the application and approval
process for a loan. If the local public office seeking a loan
under this section is the office of a county elected official, the
local public office applying for the loan must obtain prior
approval from the board of county commissioners of the county in
which the local public office is located. This approval is
required to ensure that the county office being audited and the
board of county commissioners are notified that the costs of the
loan must be repaid.
The interest rate on a loan from the fund shall be calculated
at the same rate as the average of the average monthly yields for
the state treasury asset reserve fund for the duration of the
loan. Interest shall accrue on a loan from the date the audit is
completed until the date the loan is repaid.
Rates charged for performance audits of state agencies shall
be determined in accordance with division (A)(2) of section 117.13
of the Revised Code. Rates charged for performance audits of local
public offices shall be determined in accordance with division
(C)(1) of section 117.13 of the Revised Code.
Sec. 117.472. The auditor of state shall provide each state
agency receiving a loan from the fund created in section 117.47 of
the Revised Code with a statement of the amount of the loan plus
interest due. The statement shall include the percentage of total
cost chargeable to each fund subject to the performance audit, as
well as the date upon which payment is due to the auditor of
state, which shall be one year following the date the performance
audit is completed. If the state agency has not repaid the auditor
of state by the payment deadline established under this section,
the auditor of state shall certify to the director of budget and
management the amount of the loan plus interest due. The director
shall withhold from the agency the amount certified from funds
under the director's control that belong to or are lawfully
payable or due to the agency and that may be used to repay the
loan. The director shall promptly pay the amount withheld to the
auditor of state. If the director determines that no funds due and
payable to the agency are available or that insufficient amounts
of such funds are available, the director shall withhold and pay
to the auditor of state the amounts available and shall continue
to withhold funds and pay the auditor of state until the full
amount due to the auditor of state is paid.
The auditor of state shall provide each local public office
receiving a loan from the fund created in section 117.47 of the
Revised Code with a statement of the amount of the loan plus
interest due from the office. The statement shall include the
percentage of total cost chargeable to each fund subject to the
performance audit, as well as the date upon which payment is due
to the auditor of state, which shall be one year following the
date the performance audit is completed. If a local public office
has not repaid the auditor of state by the payment deadline
established under this section, the auditor of state shall certify
to the county auditor the amount of the loan plus interest due.
The county auditor shall withhold from the local public office the
amount certified from funds under the county auditor's control
that belong to or are lawfully payable or due to the local public
office and that may be used to repay the loan. The county auditor
shall promptly pay the amount withheld to the auditor of state. If
the county auditor determines that no funds due and payable to the
local public office are available or that insufficient amounts of
such funds are available, the county auditor shall withhold and
pay to the auditor of state the amounts available and shall
continue to withhold funds and pay the auditor of state until the
full amount due to the auditor of state is paid.
All moneys received from the director of budget and
management or a county auditor for repayment of loans and interest
under this section shall be paid into the state treasury to the
credit of the leverage for efficiency, accountability, and
performance fund created in section 117.47 of the Revised Code.
Section 2. That existing section 117.13 of the Revised Code
is hereby repealed.
Section 3. Section 117.46 of the Revised Code as enacted by
this act does not imply that the Auditor of State currently has no
performance audit authority under Chapter 117. of the Revised
Code.
Section 4. Notwithstanding section 117.101 of the Revised
Code, on the effective date of this act or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$1,500,000 cash from the Uniform Accounting Network Fund (Fund
6750) to the Leverage for Efficiency, Accountability, and
Performance Fund (Fund 5JZ0) established under section 117.47 of
the Revised Code. Moneys within Fund 5JZ0 shall be used in
accordance with sections 117.47 and 117.471 of the Revised Code.
When cash balances in Fund 5JZ0 exceed the amount originally
transferred pursuant to this section, the Director of Budget and
Management shall transfer the excess amounts to Fund 6750 until
the $1,500,000 originally transferred has been repaid.
Section 5. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the Leverage for Efficiency, Accountability, and
Performance Fund (Fund 5JZ0). For all appropriations made in this
act, those in the first column are for fiscal year 2010 and those
in the second column are for fiscal year 2011. The appropriations
made in this act are in addition to any other appropriations made
for the FY 2010-2011 biennium.
AUD Auditor of State
Auditor of State Fund Group
5JZ0 |
070606 |
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LEAP Revolving Loans |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL AUD Auditor of State Fund Group |
|
$ |
0 |
|
$ |
1,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
0 |
|
$ |
1,500,000 |
The foregoing appropriation item 070606, LEAP Revolving
Loans, shall be used to advance the costs of performance audits to
state agencies and local public offices who have applied to and
been approved by the Auditor of State for receipt of these funds
pursuant to section 117.471 of the Revised Code.
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating the
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 1 of the 128th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 1 of the 128th General Assembly that
are generally applicable to such appropriations.
Section 6. Sections 1, 2, 3, 4, 5, and 6 of this act are not
subject to the referendum because they are or they relate to an
appropriation for current expenses within the meaning of Ohio
Constitution, Article II, Section 1d, and section 1.471 of the
Revised Code, and therefore those sections take effect immediately
when this act becomes law.
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