Report Title:

Auditor

Description:

Authorizes the auditor to charge fees for its audits from the audited entities. Establishes a revolving fund for the audits.

THE SENATE

S.B. NO.

1097

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE EXPENSES OF THE LEGISLATURE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Financial statement audits, and audits required under federal law, of departments, offices, and agencies of the executive branch of the State, are currently conducted by public accounting firms contracted primarily by the department of accounting and general services. The department of accounting and general services, however, exercises little oversight in the administration of these contracts. The audits are paid for from funds appropriated to the respective agencies or the department of accounting and general services. Auditing principles and standards require that these audits be conducted by an entity independent of the one being reviewed.

The office of the auditor is authorized to conduct postaudits under article VII, section 10, of the State Constitution. In addition, chapter 23, Hawaii Revised Statutes, requires the office of the auditor to conduct postaudits of the transactions, accounts, programs, and performance of all departments, offices, and agencies of the State and the counties.

Since the establishment of the office of the auditor, the legislature has appropriated only enough funds for the office to contract for a few financial statement audits annually. The legislature believes that the time has come to appropriate and align all of the financial auditing functions and its related expenditures as legislative expenses.

The purpose of this Act is to provide the office of the auditor with sufficient funds to conduct financial statement audits and audits required under federal law of all of the departments, offices, and agencies of the State and the counties. This Act also provides a mechanism to preserve the State's ability to maximize the underwriting of the audits from non-general fund sources.

SECTION 2. Chapter 23, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§23- Fees for financial audits. The auditor may charge an audited entity a reasonable fee for the cost of performing a financial audit, including financial statement audits, audits required under federal law, and audits of special funds, revolving funds, or trust funds. Moneys collected pursuant to this section shall be deposited in the audit revolving fund established by section 23- .

§23- Audit revolving fund. There is established an audit revolving fund in the office of the auditor. The auditor shall administer the fund. The fund shall consist of any moneys received by the auditor from:

(1) Departments, offices, and agencies of the State and the counties for financial statement audits and audits required under federal law;

(2) A one-time legislative appropriation; and

(3) All interest earned on the deposit or investment of the moneys in the fund.

The auditor shall use the fund moneys for the purpose of conducting financial statement audits and audits required under federal law or to pay for certified public accountants to conduct such audits."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2003-2004 to be paid into the audit revolving fund created in section 2.

SECTION 4. There is appropriated out of the audit revolving fund the sum of $          , or so much thereof as may be necessary for fiscal year 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, to be used to carry out the purposes of the audit revolving fund.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2003-2004 for the office of the auditor to conduct financial statement audits and audits required under federal law of all of the departments, offices, and agencies of the State and the counties.

SECTION 6. The sums appropriated shall be expended by the office of the auditor for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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By Request