Bill Details - SB101 (2019)

SB 101 - AS AMENDED BY THE SENATE

 

03/21/2019   1048s

2019 SESSION

19-0276

10/08

 

SENATE BILL 101

 

AN ACT relative to procedures for county audits and recodifying provisions for performance and forensic audits.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Levesque, Dist 12; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Election Law and Municipal Affairs

 

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ANALYSIS

 

This bill clarifies procedures for county audits and recodifies the authority of a county convention to authorize a performance audit and a forensic audit and pay for them from a contingency fund.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/21/2019   1048s 19-0276

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to procedures for county audits and recodifying provisions for performance 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 by resolution by either the board of commissioners or the county convention, the commissioners, with the approval of the executive committee of the county convention, shall engage the services of a certified public accountant qualified in municipal and county finances for the purpose of conducting an audit of the county 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 books 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 audit, 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 Moved; Forensic Audits Added.  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 qualified entity to conduct forensic audits of any county department, institution, or office as the county convention shall specifically direct.  Forensic audits shall include investigative work of any financial matters.  Such audits may include investigations of corruption, asset misappropriation, or financial statement fraud.

II.  The detailed reports of every forensic 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 forensic audit report.

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

3  County Convention; Powers.  Amend RSA 24:13, II and II-a 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, to be expended only upon approval by the executive committee of the county delegation, who 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.

II-a.  Notwithstanding any other laws to the contrary, the county convention of any county shall have the power to appropriate a contingency fund to provide payment for a forensic audit of county financial matters under RSA 28:3-c, to be expended only upon approval by the executive committee of the county delegation, who shall make a detailed report of all expenditures from said fund to be published annually in the county annual report.  [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 financial audit conducted pursuant to this paragraph 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.]

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.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Election Law and Municipal Affairs; SJ 4
Feb. 6, 2019 Hearing: 02/06/2019, Room 102, LOB, 09:00 am; SC 9
March 21, 2019 Committee Report: Ought to Pass with Amendment # 2019-1048s, 03/21/2019; Vote 5-0; CC; SC 14
March 21, 2019 Committee Amendment # 2019-1048s, AA, VV; 03/21/2019; SJ 9
March 21, 2019 Ought to Pass with Amendment 2019-1048s, MA, VV; OT3rdg; 03/21/2019; SJ 9
March 20, 2019 Introduced 03/20/2019 and referred to Municipal and County Government
April 30, 2019 Public Hearing: 04/30/2019 10:30 am LOB 301

Action Dates

Date Body Type
Feb. 6, 2019 Senate Hearing
March 21, 2019 Senate Floor Vote
April 30, 2019 House Hearing

Bill Text Revisions

SB101 Revision: 5106 Date: Jan. 18, 2019, 2:43 p.m.
SB101 Revision: 5629 Date: March 21, 2019, 10:32 a.m.