SB393 (2018) Detail

(New Title) relative to county financial audits, performance audits, and forensic audits.


SB 393 - AS AMENDED BY THE HOUSE

 

02/01/2018   0317s

19Apr2018... 1342h

2018 SESSION

18-2718

10/05

 

SENATE BILL 393

 

AN ACT relative to county financial audits, performance audits, and forensic audits.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Giuda, Dist 2; Rep. Sterling, Ches. 14; Rep. Bordenet, Ches. 5

 

COMMITTEE: Public and Municipal Affairs

 

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AMENDED ANALYSIS

 

This bill modifies a county's authority for conducting county audits and performance audits, and allows for the contracting for a forensic audit by the county convention.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/01/2018   0317s

19Apr2018... 1342h 18-2718

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to county financial audits, performance audits, and forensic audits.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  County Audits.  Amend RSA 28:3-a to read as follows:

28:3-a  County Audits.  [In the event that an audit is required or requested] Upon request for an audit by resolution by either the board of commissioners or the county convention, the county commissioners[, with the approval of the executive committee of the county convention,] shall, in agreement with the county convention, engage the services of a certified public accountant fully qualified in municipal and county finances for the purpose of conducting an audit of the [county] county's financial books of [account] records.  The performance and scope of the audit shall be in accordance with generally-accepted auditing [practice] standards.  The audit shall include an examination for conformance with state and federal laws and regulations relating to county finances, including rules adopted by the commissioner of revenue administration pursuant to RSA 541-A, and shall also include an examination of any subject of county finances that may be requested either by the commissioners, by the county convention, or by the treasurer.  The audit shall be completed within [90] 120 days following the close of the county fiscal year.  The commissioners shall cause the report of the auditor, together with the customary management representation letter and [auditee] management responses, to be published with or supplementary to the annual reports of the county officers, with a copy forwarded to the department of revenue administration.  Upon completion of a county audit under this section, the county convention shall review the management representation letter and management responses for compliance with the criteria described in this section and may suggest alternative or additional measures for use in subsequent audits.

2  New Sections; Counties; Performance Audits; Forensic Audits.  Amend RSA 28 by inserting after section 3-a the following new sections:

28:3-b  Performance Audits.

I.  The county convention of any county shall have the power to engage the services of a suitable qualified entity to conduct performance audits of any county department, institution, or office as the county convention shall specifically direct.  Such performance audits shall include, but not be limited to, examinations of and any determinations based upon the examinations as to achievement of goals, objectives, and specific outcome measures provided for in each department, institution, or office's budget submission.  Such performance audit shall indicate the degree of achievement, and any reasons for non-achievements of objectives and outcome measures.  Such audit shall also include findings regarding the appropriateness of stated objectives and outcome measures and may suggest alternative or additional measures for use in subsequent budget periods.

II.  The detailed reports of every audit conducted pursuant to this section shall become a public record upon approval by the county convention.  Audit work papers and notes are not public records.  However, those materials necessary to support the compilations in the final audit report may be made available by majority vote of the county convention after a public hearing showing proper cause.  For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the audit report.

III.  The cost of a performance audit shall be paid from a contingency fund appropriated by the county convention under RSA 24:13, II.

28:3-c  Forensic Audits.  

I.  The county convention of any county shall have the power to engage the services of a suitable entity qualified in municipal and county finances to conduct a forensic audit of the county's financial books of record.  The forensic audit may require investigative work on financial matters as directed by the county convention, including investigations of corruption, asset misappropriation, or financial statement fraud.  The detailed reports of a forensic audit conducted pursuant to this section shall become a public record upon approval by the county convention.  Work papers and notes are not public records.  However, those materials necessary to support the compilations in the final forensic audit report may be made available by majority vote of the county convention after a public hearing showing proper cause.  For the purposes of this section, work papers shall include, but are not limited to, all preliminary drafts and notes used in preparing the forensic audit report.

II.  The cost of a forensic audit shall be paid from a contingency fund appropriated by the county convention under RSA 24:13, II.

3  County Convention; Powers; Contingency Fund.  Amend RSA 24:13, II to read as follows:

II.  Notwithstanding any other laws to the contrary, the county convention of any county shall have the power to appropriate a contingency fund to meet the cost of unanticipated expenses that may arise during the year or to provide payment for a performance audit under RSA [24:26] 28:3-b or a forensic audit under RSA 28:3-c, to be expended for a performance audit only upon approval by the executive committee of the county delegation[, who] and to be expended for a forensic audit only by approval of a 3/5 vote of the county delegation present and voting.   The county executive committee shall make a detailed report of all expenditures from said fund to be published annually in the county annual report.  The amount in said fund shall not exceed one percent of the amount appropriated by the county for county purposes exclusive of capital budget and debt retirement during the preceding year.

4  Repeal.  RSA 24:26, relative to county performance audits, is repealed.

5  Effective Date.  This act shall take effect 60 days after its passage.

Links

SB393 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2018 Senate Hearing
Feb. 1, 2018 Senate Floor Vote
March 20, 2018 House Hearing
April 11, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB393 Revision: 3518 Date: April 19, 2018, 2:40 p.m.
SB393 Revision: 3027 Date: Feb. 1, 2018, 2:54 p.m.
SB393 Revision: 2628 Date: Dec. 12, 2017, 12:45 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Public and Municipal Affairs; SJ 1
Jan. 24, 2018 Hearing: 01/24/2018, Room 102, LOB, 09:20 am; SC 3
Feb. 1, 2018 Committee Report: Ought to Pass with Amendment # 2018-0317s, 02/01/2018; Vote 5-0; CC; SC 5A
Feb. 1, 2018 Committee Amendment # 2018-0317s, AA, VV; 02/01/2018; SJ 3
Feb. 1, 2018 Ought to Pass with Amendment 2018-0317s, MA, VV; OT3rdg; 02/01/2018; SJ 3
March 7, 2018 Introduced 03/07/2018 and referred to Municipal and County Government HJ 7 P. 51
March 20, 2018 Public Hearing: 03/20/2018 02:00 PM LOB 301
April 11, 2018 Executive Session: 04/11/2018 LOB 301
Committee Report: Ought to Pass with Amendment # 2018-1342h (NT) (Vote 17-1; CC)
April 19, 2018 Committee Report: Ought to Pass with Amendment # 2018-1342h (NT) for 04/19/2018 (Vote 17-1; CC) HC 15 P. 7
April 19, 2018 Amendment # 2018-1342h: AA VV 04/19/2018 HJ 13 P. 9
April 19, 2018 Ought to Pass with Amendment 1342h: MA VV 04/19/2018 HJ 13 P. 9
May 2, 2018 Sen. Gray Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/02/2018; SJ 15
May 2, 2018 President Appoints: Senators Gray, Ward, Kahn; 05/02/2018; SJ 15
May 10, 2018 House Accedes to Senate Request for CofC (Rep. J. Belanger): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. F. McCarthy, Sterling, J. Belanger, Treleaven 05/10/2018
May 10, 2018 Conferee Change: Rep. Packard Replaces Rep. J. Belanger 05/10/2018
May 10, 2018 Conferee Change: Rep. B. Griffin Replaces Rep. Sterling 05/10/2018
May 15, 2018 Committee of Conference Meeting: 05/15/2018, 01:00 pm, Room 103, LOB
Conference Committee Report: Not Filed