House File 2532 - Introduced



                                    HOUSE FILE       
                                    BY  COMMITTEE ON STATE GOVERNMENT

                                    (SUCCESSOR TO HSB 719)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning the duties and responsibilities of the auditor
  2    of state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5454HV 82
  5 ec/sc/14

PAG LIN



  1  1    Section 1.  Section 11.1, Code 2007, is amended to read as
  1  2 follows:
  1  3    11.1  DEFINITIONS.
  1  4    1.  For purposes of this chapter, unless the context
  1  5 otherwise requires:
  1  6    a.  The term "department" shall be construed to mean
  1  7 "Department" means any authority charged by law with official
  1  8 responsibility for the expenditure of public money of the
  1  9 state and any agency receiving money from the general revenues
  1 10 of the state.
  1 11    b.  "Examination" means procedures that are less in scope
  1 12 than an audit but which are directed toward reviewing
  1 13 financial activities and compliance with legal requirements.
  1 14    c.  "Governmental subdivision" means cities and
  1 15 administrative agencies established by cities, hospitals or
  1 16 health care facilities established by a city, counties, county
  1 17 hospitals organized under chapters 347 and 347A, memorial
  1 18 hospitals organized under chapter 37, entities organized under
  1 19 chapter 28E, community colleges, area education agencies, and
  1 20 school districts.
  1 21    d.  "Regents institutions" means the institutions governed
  1 22 by the board of regents under section 262.7.
  1 23    2.  As used in this chapter, unless the context otherwise
  1 24 requires, "book", "list", "record", or "schedule" kept by a
  1 25 county auditor, assessor, treasurer, recorder, sheriff, or
  1 26 other county officer means the county system as defined in
  1 27 section 445.1.
  1 28    Sec. 2.  Section 11.2, subsection 1, Code Supplement 2007,
  1 29 is amended to read as follows:
  1 30    1.  The auditor of state shall annually, and more often if
  1 31 deemed necessary, make a full settlement between audit the
  1 32 state and all state officers and departments and all persons
  1 33 receiving or expending state funds, and shall annually make a
  1 34 complete audit of the books and accounts of every department
  1 35 of the state.
  2  1    Provided, except that the accounts, records, and documents
  2  2 of the treasurer of state shall be audited daily.
  2  3    Provided further, that a preliminary audit of the
  2  4 educational institutions and the state fair board shall be
  2  5 made periodically, at least quarterly, to check the monthly
  2  6 reports submitted to the director of the department of
  2  7 administrative services as required by section 8A.502,
  2  8 subsection 9, and that a final audit of such state agencies
  2  9 shall be made at the close of each fiscal year.
  2 10    Sec. 3.  Section 11.2, Code Supplement 2007, is amended by
  2 11 adding the following new subsection:
  2 12    NEW SUBSECTION.  1A.  Departments shall immediately notify
  2 13 the auditor of state regarding any suspected embezzlement,
  2 14 theft, or other significant financial irregularities.
  2 15    Sec. 4.  Section 11.2, subsection 2, unnumbered paragraphs
  2 16 2, 3, and 4, Code Supplement 2007, are amended to read as
  2 17 follows:
  2 18    The state board of regents shall make available to the
  2 19 auditor of state and treasurer of state the most recent annual
  2 20 report of any investment entity or investment professional
  2 21 employed by an a regents institution governed by the board.
  2 22    All contracts or agreements with an investment entity or
  2 23 investment professional employed by an a regents institution
  2 24 governed by the state board of regents shall require the
  2 25 investment entity or investment professional employed by an a
  2 26 regents institution governed by the state board of regents to
  2 27 notify in writing the state board of regents within thirty
  2 28 days of receipt of all communication from an independent
  2 29 auditor or the auditor of state or any regulatory authority of
  2 30 the existence of a material weakness in internal control
  2 31 structure, or regulatory orders or sanctions against the
  2 32 investment entity or investment professional, with regard to
  2 33 the type of services being performed under the contracts or
  2 34 agreements.  This provision shall not be limited or avoided by
  2 35 another contractual provision.
  3  1    The audit under this section shall not be certified until
  3  2 the most recent annual reports of any investment entity or
  3  3 investment professional employed by an a regents institution
  3  4 governed by the state board of regents are reviewed by the
  3  5 auditor of state.
  3  6    Sec. 5.  Section 11.4, Code 2007, is amended to read as
  3  7 follows:
  3  8    11.4  REPORT OF AUDITS.
  3  9    1.  The auditor of state shall make or cause to be made and
  3 10 filed and kept in the auditor's office written reports of all
  3 11 audits and examinations, which reports shall set out in detail
  3 12 include, if applicable, the following:
  3 13    1.  a.  The actual financial condition of such the state or
  3 14 department found to exist on every examination.
  3 15    2.  b.  Whether, in the auditor's opinion,:
  3 16    a.  (1)  All funds have been expended for the purpose for
  3 17 which appropriated.
  3 18    b.  (2)  The department so audited and or examined is
  3 19 efficiently conducted, and if the maximum results for the
  3 20 money expended are obtained.
  3 21    c.  (3)  The work of the departments so audited or examined
  3 22 needlessly conflicts with or duplicates the work done by any
  3 23 other department.
  3 24    3.  c.  All illegal or unbusinesslike practices.
  3 25    4.  d.  Any recommendations for greater simplicity,
  3 26 accuracy, efficiency, or economy in the operation of the
  3 27 business of the several departments and institutions.
  3 28    5.  Comparisons of prices paid and terms obtained by the
  3 29 various departments for goods and services of like character
  3 30 and reasons for differences therein, if any.
  3 31    6.  e.  Any other information which, in the auditor's
  3 32 judgment, may be of value to the auditor.
  3 33    All such reports shall be filed and kept in the auditor's
  3 34 office.
  3 35    2.  The state auditor is hereby authorized to obtain,
  4  1 maintain, and operate, under the auditor's exclusive control,
  4  2 such machinery as may be necessary to print confidential
  4  3 reports and documents originating in the auditor's office.
  4  4    Sec. 6.  Section 11.5A, Code 2007, is amended to read as
  4  5 follows:
  4  6    11.5A  AUDIT COSTS.
  4  7    When requested by the auditor of state, the department of
  4  8 management shall transfer from any unappropriated funds in the
  4  9 state treasury an amount not exceeding the expenses and
  4 10 prorated salary costs already paid to perform examinations
  4 11 audits of state executive departments and agencies, and the
  4 12 offices of the judicial branch, and federal financial
  4 13 assistance, as defined in Pub. L. No. 98=502 the federal
  4 14 Single Audit Act, 31 U.S.C. } 7501, et seq., received by all
  4 15 other departments, as listed in section 11.5B, for which
  4 16 payments by agencies have not been made.  Upon payment by the
  4 17 departments, the auditor of state shall credit the payments to
  4 18 the state treasury.
  4 19    Sec. 7.  Section 11.5B, unnumbered paragraph 1, Code 2007,
  4 20 is amended to read as follows:
  4 21    The auditor of state shall be reimbursed by a department or
  4 22 agency for performing audits or examinations of the following
  4 23 state departments or agencies, or funds received by a
  4 24 department or agency:
  4 25    Sec. 8.  Section 11.5B, subsection 13, Code 2007, is
  4 26 amended to read as follows:
  4 27    13.  Federal financial assistance, as defined in Pub. L.
  4 28 No. 98=502 the federal Single Audit Act, 31 U.S.C. } 7501, et
  4 29 seq., received by all other departments.
  4 30    Sec. 9.  Section 11.5B, Code 2007, is amended by adding the
  4 31 following new subsection:
  4 32    NEW SUBSECTION.  15.  Office of energy independence.
  4 33    Sec. 10.  Section 11.6, subsection 1, paragraph a, Code
  4 34 2007, is amended to read as follows:
  4 35    a.  The Except for entities organized under chapter 28E
  5  1 having gross receipts of one hundred thousand dollars or less
  5  2 in a fiscal year, the financial condition and transactions of
  5  3 all cities and city offices, counties, county hospitals
  5  4 organized under chapters 347 and 347A, memorial hospitals
  5  5 organized under chapter 37, entities organized under chapter
  5  6 28E having gross receipts in excess of one hundred thousand
  5  7 dollars in a fiscal year, merged areas, area education
  5  8 agencies, and all school offices in school districts,
  5  9 governmental subdivisions shall be examined audited at least
  5 10 once each year, except that.  However, cities having a
  5 11 population of seven hundred or more but less than two thousand
  5 12 shall be examined at least once every four years, and cities
  5 13 having a population of less than seven one thousand five
  5 14 hundred may be examined as otherwise provided in this section.
  5 15 The examination shall cover the fiscal year next preceding the
  5 16 year in which the audit is conducted.  The examination audit
  5 17 of school offices districts shall include an audit of all
  5 18 school funds, the certified annual financial report, the
  5 19 certified enrollment as provided in section 257.6, and the
  5 20 revenues and expenditures of any nonprofit school organization
  5 21 established pursuant to section 279.62.  Differences in
  5 22 certified enrollment shall be reported to the department of
  5 23 management.  The examination audit of a city that owns or
  5 24 operates a municipal utility providing local exchange services
  5 25 pursuant to chapter 476 shall include an audit performing
  5 26 tests of the city's compliance with section 388.10.  The
  5 27 examination audit of a city that owns or operates a municipal
  5 28 utility providing telecommunications services pursuant to
  5 29 section 388.10 shall include an audit performing tests of the
  5 30 city's compliance with section 388.10.
  5 31    Subject to the exceptions and requirements of subsection 2
  5 32 and subsection 4, paragraph "c" "a", subparagraph (3),
  5 33 examinations audits shall be made as determined by the
  5 34 governmental subdivision either by the auditor of state or by
  5 35 certified public accountants, certified in the state of Iowa,
  6  1 and they shall be paid from the proper public funds of the
  6  2 governmental subdivision.
  6  3    Sec. 11.  Section 11.6, subsection 1, Code 2007, is amended
  6  4 by adding the following new paragraph after paragraph a:
  6  5    NEW PARAGRAPH.  aa.  The financial condition and
  6  6 transactions of community mental health centers organized
  6  7 under chapter 230A, substance abuse programs organized under
  6  8 chapter 125, and community action agencies organized under
  6  9 chapter 216A, shall be audited at least once each year.
  6 10    Sec. 12.  Section 11.6, subsection 1, paragraph b, Code
  6 11 2007, is amended to read as follows:
  6 12    b.  (1)  In conjunction with the audit of the governmental
  6 13 subdivision required under this section, the person performing
  6 14 the audit auditor shall also perform tests for compliance with
  6 15 the investment policy of a reasonable number of investment
  6 16 transactions in relation to the total investments and quantity
  6 17 of transactions in the period audited the governmental
  6 18 subdivision.  The results of the compliance testing shall be
  6 19 reported in accordance with generally accepted auditing
  6 20 standards.  The person performing the audit auditor may also
  6 21 make recommendations for changes to investment policy or
  6 22 practices.  The governmental subdivision is responsible for
  6 23 the remedy of reported noncompliance with its policy or
  6 24 practices.
  6 25    (2)  As part of its audit, the governmental subdivision is
  6 26 responsible for obtaining and providing to the person
  6 27 performing the audit auditor the audited financial statements
  6 28 and related report on internal control structure of outside
  6 29 persons, performing any of the following during the period
  6 30 under audit for the governmental subdivision:
  6 31    (a)  Investing public funds.
  6 32    (b)  Advising on the investment of public funds.
  6 33    (c)  Directing the deposit or investment of public funds.
  6 34    (d)  Acting in a fiduciary capacity for the governmental
  6 35 subdivision.
  7  1    The audit under this section shall not be certified until
  7  2 all material information required by this subparagraph is
  7  3 reviewed by the person performing the audit auditor.
  7  4    (3)  The review by the person performing the audit auditor
  7  5 of the most recent annual report to shareholders of an
  7  6 open=end management investment company or an unincorporated
  7  7 investment company or investment trust registered with the
  7  8 federal securities and exchange commission under the federal
  7  9 Investment Company Act of 1940, 15 U.S.C. } 80(a), pursuant to
  7 10 17 C.F.R. } 270.30d=1 or the review, by the person performing
  7 11 the audit auditor, of the most recent annual report to
  7 12 shareholders, call reports, or the findings pursuant to a
  7 13 regular examination under state or federal law, to the extent
  7 14 the findings are not confidential, of a bank, savings and loan
  7 15 association, or credit union shall satisfy the review
  7 16 requirements of this paragraph.
  7 17    (4)  All contracts or agreements with outside persons
  7 18 performing any of the functions listed in subparagraph (2)
  7 19 shall require the outside person to notify in writing the
  7 20 governmental subdivision within thirty days of receipt of all
  7 21 communication from the person performing the audit auditor or
  7 22 any regulatory authority of the existence of a material
  7 23 weakness in internal control structure, or regulatory orders
  7 24 or sanctions against the outside person, with regard to the
  7 25 type of services being performed under the contracts or
  7 26 agreements.  This provision shall not be limited or avoided by
  7 27 another contractual provision.
  7 28    (5)  As used in this subsection, "outside person" excludes
  7 29 a bank, savings and loan association, or credit union when
  7 30 acting as an approved depository pursuant to chapter 12C.
  7 31    (6)  A joint investment trust organized pursuant to chapter
  7 32 28E shall file the audit reports required by this chapter with
  7 33 the administrator of the securities and regulated industries
  7 34 bureau of the insurance division of the department of commerce
  7 35 within ten days of receipt from the auditor.  The auditor of a
  8  1 joint investment trust shall provide written notice to the
  8  2 administrator of the time of delivery of the reports to the
  8  3 joint investment trust.
  8  4    (7)  If during the course of an audit of a joint investment
  8  5 trust organized pursuant to chapter 28E, the auditor
  8  6 determines the existence of a material weakness in the
  8  7 internal control structure or a material violation of the
  8  8 internal control structure, the auditor shall report the
  8  9 determination to the joint investment trust which shall notify
  8 10 the administrator in writing within twenty=four hours, and
  8 11 provide a copy of the notification to the auditor.  The
  8 12 auditor shall provide, within twenty=four hours of the receipt
  8 13 of the copy of the notice, written acknowledgment of the
  8 14 receipt to the administrator.  If the joint investment trust
  8 15 does not make the notification within twenty=four hours, or
  8 16 the auditor does not receive a copy of the notification within
  8 17 twenty=four hours, the auditor shall immediately notify the
  8 18 administrator in writing of the material weakness in the
  8 19 internal control structure or the material violation of the
  8 20 internal control structure.
  8 21    Sec. 13.  Section 11.6, subsection 2, Code 2007, is amended
  8 22 to read as follows:
  8 23    2.  a.  A city, community college, school district, area
  8 24 education agency, entity organized under chapter 28E, county,
  8 25 county hospital or memorial hospital governmental subdivision,
  8 26 community mental health center, substance abuse program, or
  8 27 community action agency, desiring to contract with or employ
  8 28 certified public accountants shall utilize procedures which
  8 29 include a written request for proposals.
  8 30    b.  The governing body of a city, community college, school
  8 31 district, area education agency, entity organized under
  8 32 chapter 28E, county, county hospital, or memorial hospital
  8 33 utilizing the auditor of state instead of a certified public
  8 34 accountant to perform an audit shall notify the auditor of
  8 35 state by June 1 of the year to be audited.  If the governing
  9  1 body fails to notify the auditor of state of the decision to
  9  2 use the auditor of state, the auditor of state may perform the
  9  3 audit required in subsection 1 only if provisions are not made
  9  4 by the governing body to contract for the audit.
  9  5    Sec. 14.  Section 11.6, subsection 3, Code 2007, is amended
  9  6 to read as follows:
  9  7    3.  a.  A township or city for which examinations audits
  9  8 are not required under subsection 1 may contract with or
  9  9 employ the auditor of state or certified public accountants
  9 10 for an audit or examination of its financial transactions and
  9 11 condition of its funds.  A financial examination is mandatory
  9 12 Payment for the audit or examination shall be made from the
  9 13 proper public funds of the township or city.
  9 14    b.  The auditor of state shall conduct an audit or
  9 15 examination on application by one hundred or more taxpayers
  9 16 eligible electors residing in the township or city, as
  9 17 applicable, or if there are the population of the township or
  9 18 city is fewer than five hundred taxpayers in the township or
  9 19 city, then by fifteen percent of the taxpayers registered
  9 20 voters in the township or city, as applicable.  The auditor of
  9 21 state may conduct an audit or examination of a township or
  9 22 city on application by an employee or elected official of such
  9 23 township or city.  A copy of the application shall be filed
  9 24 with the auditor of state.  Payment for the audit or
  9 25 examination shall be made from the proper public funds of the
  9 26 township or city.
  9 27    Sec. 15.  Section 11.6, subsection 4, Code 2007, is amended
  9 28 to read as follows:
  9 29    4.  a.  In addition to the powers and duties under other
  9 30 provisions of the Code, the auditor of state may at any time
  9 31 cause to be made a complete or partial reaudit of the
  9 32 financial condition and transactions of any city, county,
  9 33 county hospital, memorial hospital, entity organized under
  9 34 chapter 28E, merged area, area education agency, school
  9 35 corporation, township, or other governmental subdivision, or
 10  1 an office of any of these governmental subdivision, if one any
 10  2 of the following conditions exists:
 10  3    a.  (1)  The auditor of state has probable cause to believe
 10  4 such action is necessary in the public interest because of a
 10  5 material deficiency in an audit of the governmental
 10  6 subdivision filed with the auditor of state or because of a
 10  7 substantial failure of the audit to comply with the standards
 10  8 and procedures established and published by the auditor of
 10  9 state.
 10 10    b.  (2)  The auditor of state receives from an elected
 10 11 official or employee of the governmental subdivision a written
 10 12 request for a complete or partial reaudit of the governmental
 10 13 subdivision.
 10 14    c.  (3)  The auditor of state receives a petition signed by
 10 15 at least fifty one hundred eligible electors of the
 10 16 governmental subdivision requesting a complete or partial
 10 17 reaudit of the governmental subdivision.  If the governmental
 10 18 subdivision has not contracted with or employed a certified
 10 19 public accountant to perform an audit of the fiscal year in
 10 20 which the petition is received by the auditor of state, the
 10 21 auditor of state may perform an audit required by subsection 1
 10 22 or 3.
 10 23    b.  The state audit reaudit shall be paid from the proper
 10 24 public funds available in the office of the auditor of state.
 10 25 In the event the audited governmental subdivision recovers
 10 26 damages from a person performing a previous audit due to
 10 27 negligent performance of that audit or breach of the audit
 10 28 contract, the auditor of state shall be entitled to
 10 29 reimbursement on an equitable basis for funds expended from
 10 30 any recovery made by the governmental subdivision.
 10 31    An examination under this subsection shall include a
 10 32 determination of whether investments by the governmental
 10 33 subdivision are authorized by state law.
 10 34    Sec. 16.  Section 11.6, subsection 7, Code 2007, is amended
 10 35 to read as follows:
 11  1    7.  The auditor of state shall make guidelines available to
 11  2 the public setting forth accounting and auditing standards and
 11  3 procedures and audit and legal compliance programs to be
 11  4 applied in the audit or examination of the governmental
 11  5 subdivisions of the state, which shall require a review of the
 11  6 internal control structure and specify testing of transactions
 11  7 for compliance.  The guidelines shall include a requirement
 11  8 that the certified public accountant and governmental
 11  9 subdivision immediately notify the auditor of state regarding
 11 10 any suspected embezzlement or, theft, or other significant
 11 11 financial irregularities.  The auditor of state shall also
 11 12 provide standard reporting formats for use in reporting the
 11 13 results of an examination audit of a governmental subdivision.
 11 14    Sec. 17.  Section 11.6, subsection 9, Code 2007, is amended
 11 15 to read as follows:
 11 16    9.  The Accounts of the Iowa state association of counties
 11 17 shall keep accounts as required by the auditor of state.
 11 18 These accounts, the Iowa league of cities, and the Iowa
 11 19 association of school boards shall be audited annually by
 11 20 either the auditor of state or a certified public accountant
 11 21 certified in the state of Iowa.  The audit shall state all
 11 22 moneys expended for expenses incurred by and salaries paid to
 11 23 legislative representatives and lobbyists of the association
 11 24 audited.
 11 25    Sec. 18.  Section 11.6, subsection 10, Code 2007, is
 11 26 amended to read as follows:
 11 27    10.  a.  The auditor of state shall adopt rules in
 11 28 accordance with chapter 17A to establish and collect a filing
 11 29 fee for the filing of each report of examination audit
 11 30 conducted pursuant to subsections 1 through 3.  The funds
 11 31 collected shall be maintained in a segregated account for use
 11 32 by the office of the auditor of state in performing audits
 11 33 conducted its duties pursuant to subsection 4 and for work
 11 34 paper reviews conducted pursuant to subsection 5 this section.
 11 35 Any funds collected by the auditor pursuant to subsection 4
 12  1 shall be deposited in this account.  Notwithstanding section
 12  2 8.33, the funds in this account shall not revert at the end of
 12  3 any fiscal year.
 12  4    b.  The auditor of state shall adopt rules in accordance
 12  5 with chapter 17A to establish and collect a report fee with
 12  6 the submission of each annual financial report filed by a city
 12  7 with the office of auditor of state pursuant to section 384.22
 12  8 when such city is not required to submit a filing fee pursuant
 12  9 to paragraph "a" of this subsection.  The funds collected
 12 10 shall be maintained in a segregated account for use by the
 12 11 office of the auditor of state for administrative and related
 12 12 costs associated with the analysis of annual financial reports
 12 13 and for examinations performed when a governmental subdivision
 12 14 demonstrates to the auditor of state that the subdivision
 12 15 lacks the funds to pay for such examinations performed by the
 12 16 auditor of state.  Notwithstanding section 8.33, the funds in
 12 17 this account shall not revert at the end of any fiscal year.
 12 18    Sec. 19.  Section 11.6, Code 2007, is amended by adding the
 12 19 following new subsection:
 12 20    NEW SUBSECTION.  11.  Each governmental subdivision shall
 12 21 keep its records and accounts in such form and by such methods
 12 22 as to be able to exhibit in its reports the matters required
 12 23 by the auditor of state, unless a form or method is otherwise
 12 24 specifically prescribed by law.  Each governmental subdivision
 12 25 shall keep its records and accounts in current condition.
 12 26    Sec. 20.  Section 11.11, Code 2007, is amended by striking
 12 27 the section and inserting in lieu thereof the following:
 12 28    11.11  SCOPE OF AUDITS.
 12 29    The written report of the audit of a governmental
 12 30 subdivision shall include the auditor's opinion about whether
 12 31 a governmental subdivision's financial statements are
 12 32 presented fairly in all material respects in conformity with
 12 33 generally accepted accounting principles or with an other
 12 34 comprehensive basis of accounting.  As a part of conducting an
 12 35 audit of a governmental subdivision, an evaluation of internal
 13  1 control and tests for compliance with laws and regulations
 13  2 shall be performed.
 13  3    Sec. 21.  Section 11.14, Code 2007, is amended to read as
 13  4 follows:
 13  5    11.14  REPORTS == PUBLIC INSPECTION.
 13  6    1.  A written report of such examination an audit or
 13  7 examination shall be made in triplicate signed and verified by
 13  8 the officers making the examination; one copy to be provided
 13  9 to the governmental subdivision and filed with the auditor of
 13 10 state, one copy with the officer under investigation, and one
 13 11 copy to the county auditor who shall transmit same to the
 13 12 board of supervisors if a county office is under
 13 13 investigation, or with the president of the school board if a
 13 14 school is under investigation, or with the mayor and the
 13 15 council if a city office is under examination.  All reports
 13 16 shall be open to public inspection, including copies on file
 13 17 in the office of the state auditor, and refusal on the part of
 13 18 any public official to permit such inspection when such
 13 19 reports have been filed with the state auditor shall
 13 20 constitute a simple misdemeanor.
 13 21    2.  In addition to the foregoing subsection 1, notice that
 13 22 the report has been filed shall be forwarded immediately to
 13 23 each newspaper, radio station, or television station located
 13 24 in the county, municipality or school district governmental
 13 25 subdivision which is under investigation or audit; except
 13 26 that.  However, if there is no newspaper, radio station, or
 13 27 television station located therein in the governmental
 13 28 subdivision, such notice shall be sent to the official
 13 29 newspapers of the county.
 13 30    Sec. 22.  Section 11.19, Code 2007, is amended to read as
 13 31 follows:
 13 32    11.19  AUDITOR'S POWERS AND DUTIES.
 13 33    Where an audit or examination is made under contract with,
 13 34 or employment of, certified or registered public accountants,
 13 35 the auditor shall, in all matters pertaining to an authorized
 14  1 audit or examination, have all of the powers and be vested
 14  2 with all the authority of state auditors employed by the
 14  3 auditor of state, and the cost and expense of the audit or
 14  4 examination shall be paid by the city, school district, or
 14  5 township governmental subdivision procuring the audit or
 14  6 examination.  An itemized sworn A detailed statement of the
 14  7 per diem and expense cost of the auditor audit or examination
 14  8 shall be filed with the clerk of the city, township, or school
 14  9 district, before payment thereof governmental subdivision.
 14 10 Upon completion of such audit or examination, a signed copy
 14 11 thereof of the report and a detailed, itemized statement of
 14 12 cost, including hours spent performing the audit or
 14 13 examination, shall be filed by the accountant employed with
 14 14 the auditor of state in a manner specified by the auditor of
 14 15 state.
 14 16    All reports shall be open to public inspection, including
 14 17 copies on file in the office of the state auditor, and refusal
 14 18 on the part of any public official to permit such inspection
 14 19 when such reports have been filed with the state auditor,
 14 20 shall constitute a simple misdemeanor.
 14 21    In addition to the foregoing, notice that the report has
 14 22 been filed shall be forwarded immediately to each newspaper,
 14 23 radio station or television station located in the city,
 14 24 school district or township which is under investigation or
 14 25 audit; except that if there is no newspaper, radio station or
 14 26 television station located therein, the notice shall be sent
 14 27 to the official newspapers of the county.
 14 28    Failure to file the report and the statement of cost with
 14 29 the auditor of state within thirty days after receiving
 14 30 notification of not receiving the audit report and the
 14 31 statement of cost shall bar the accountant from making any
 14 32 governmental subdivision audits or examinations under section
 14 33 11.6 for the following fiscal year.
 14 34    Sec. 23.  Section 11.20, Code 2007, is amended to read as
 14 35 follows:
 15  1    11.20  BILLS == AUDIT AND PAYMENT.
 15  2    If the audit or examination is made by the auditor of state
 15  3 under this chapter, each auditor shall file with the auditor
 15  4 of state an itemized, certified and sworn voucher of time and
 15  5 expense for the time that the auditor is actually engaged in
 15  6 the audit or examination.  The salaries shall be included in a
 15  7 two=week payroll period.  Upon approval of the auditor of
 15  8 state, the director of the department of administrative
 15  9 services may issue warrants for the payment of the vouchers
 15 10 and salary payments, including a prorated amount for vacation
 15 11 and sick leave, from any unappropriated funds in the state
 15 12 treasury.  Repayment to the state shall be made as provided by
 15 13 section 11.21.
 15 14    Sec. 24.  Section 11.21, Code 2007, is amended to read as
 15 15 follows:
 15 16    11.21  REPAYMENT == OBJECTIONS.
 15 17    Upon payment by the state of the salary and expenses, the
 15 18 auditor of state shall file with the warrant=issuing officer
 15 19 of the county, municipality or school, governmental
 15 20 subdivision whose offices were audited or examined, a sworn
 15 21 statement consisting of the itemized expenses paid and
 15 22 prorated salary costs paid under section 11.20.  Upon audit
 15 23 and approval by the board of supervisors, council or school
 15 24 board, the warrant=issuing officer shall draw a warrant for
 15 25 the amount on the county, or on the general fund of the
 15 26 municipality or school in favor of the auditor of state, which
 15 27 warrant shall be placed to the credit of the general fund of
 15 28 the state governing body of the governmental subdivision,
 15 29 payment shall be made from the proper public funds of the
 15 30 governmental subdivision.  In the event of the disapproval by
 15 31 the governing body of the governmental subdivision of any
 15 32 items of said included on the statement by the county,
 15 33 municipality, or school authorities, written objections shall
 15 34 be filed with the auditor of state within thirty days from the
 15 35 filing thereof of the sworn statement with the warrant=issuing
 16  1 officer of the governmental subdivision.  Disapproved items of
 16  2 the statement shall be paid the auditor of state upon
 16  3 receiving final decisions emanating from public hearing
 16  4 established by the auditor of state.
 16  5    Whenever the county board of supervisors, the school board,
 16  6 or the council shall file governing body of the governmental
 16  7 subdivision files written objections on the question of
 16  8 compensation and expenses with the auditor of state, the
 16  9 auditor or the auditor's representative shall hold a public
 16 10 hearing in the municipality governmental subdivision where the
 16 11 audit or examination was made and shall give the complaining
 16 12 board notice of the time and place of hearing.  After such
 16 13 hearing the auditor shall have the power to reduce the
 16 14 compensation and expenses of the auditor whose bills have been
 16 15 questioned.  Any auditor who shall be found guilty of
 16 16 falsifying an expense voucher or engagement report shall be
 16 17 immediately discharged by the auditor of state and shall not
 16 18 be eligible for re=employment.  Such auditor must thereupon
 16 19 reimburse the auditor of state for all such compensation and
 16 20 expenses so found to have been overpaid and in the event of
 16 21 failure to do so, the auditor of state may collect the same
 16 22 amount from the auditor's surety by suit, if necessary.
 16 23    Sec. 25.  Section 11.28, Code 2007, is amended to read as
 16 24 follows:
 16 25    11.28  INDIVIDUAL AUDIT OR EXAMINATION REPORTS == COPIES.
 16 26    1.  The individual audit Audit or examination reports shall
 16 27 include applicable exhibits and, schedules to report data
 16 28 similar to that required by section 11.4, findings, and
 16 29 recommendations.  The format of the reports shall as nearly as
 16 30 possible correspond and be prepared similar in form to the
 16 31 audit reports rendered by certified public accountants comply
 16 32 with applicable professional standards.  The reports shall
 16 33 include information as to the assets and liabilities of the
 16 34 various departments and institutions audited as of the
 16 35 beginning and close of the fiscal year audited, the receipts
 17  1 and expenditures of cash, the disposition of materials and
 17  2 other properties, and the net income and net operating cost.
 17  3 The Where applicable, the reports shall also set forth the
 17  4 average cost per year for the inmates, members, clients,
 17  5 patients, and students served in the various classifications
 17  6 of expenses.  The reports shall make comparisons of the
 17  7 average costs and classifications, and shall give such other
 17  8 information, suggestions, and recommendations as may be deemed
 17  9 of advantage and to the best interests of the taxpayers of the
 17 10 state.
 17 11    2.  The daily audit report of the state treasury shall be
 17 12 submitted to the director of the department of administrative
 17 13 services and the director of the department of management.
 17 14 Copies of all individual audit reports of all state
 17 15 departments and establishments shall be transmitted to the
 17 16 directors' offices after the completion of each audit, and
 17 17 copies of all local government audits shall, until otherwise
 17 18 provided, be also supplied to the directors' offices.  Copies
 17 19 of the local government audit reports shall also be supplied
 17 20 to the officers of the counties, schools, and cities, as
 17 21 provided by law.  Summaries of the findings, recommendations,
 17 22 and comparisons, together with any other information deemed
 17 23 essential, shall be printed and distributed to members of the
 17 24 general assembly.
 17 25    Sec. 26.  Section 11.32, Code 2007, is amended to read as
 17 26 follows:
 17 27    11.32  CERTIFIED ACCOUNTANTS EMPLOYED.
 17 28    Nothing in this chapter will shall prohibit the auditor of
 17 29 state, with the prior written permission of the state
 17 30 executive council, from employing certified public accountants
 17 31 or registered public accountants for specific assignments.
 17 32 Under the provision of this section, the The auditor of state
 17 33 may employ such accountants for any assignment now expressly
 17 34 reserved to the auditor of state.  Payments, after approval by
 17 35 the executive council, will be made to the accountants so
 18  1 employed from funds from which the auditor of state would have
 18  2 been paid had the auditor of state performed the assignment,
 18  3 or if no such specific funds are indicated, then payment will
 18  4 be made from the funds of the executive council.
 18  5    Sec. 27.  Section 11.36, subsection 1, Code Supplement
 18  6 2007, is amended to read as follows:
 18  7    1.  The auditor of state may, at the request of a
 18  8 department, review, during normal business hours upon
 18  9 reasonable notice of at least twenty=four hours, the audit
 18 10 working papers prepared by a certified public accountant
 18 11 covering the receipt and expenditure of state or federal funds
 18 12 provided by the department to any other entity to determine if
 18 13 the receipt and expenditure of those funds by the entity is
 18 14 consistent with the laws, rules, regulations, and contractual
 18 15 agreements governing those funds.  Upon completion of the
 18 16 review, the auditor of state shall report whether, in the
 18 17 auditor of state's judgment, the auditor of state believes the
 18 18 certified public accountant's working papers adequately
 18 19 demonstrate that the laws, rules, regulations, and contractual
 18 20 agreements governing the funds have been substantially
 18 21 complied with.  If the auditor of state does not believe the
 18 22 certified public accountant's working papers adequately
 18 23 demonstrate that the laws, rules, regulations, and contractual
 18 24 agreements have been substantially complied with or believes a
 18 25 complete or partial reaudit is necessary based on the
 18 26 provisions of section 11.6, subsection 4, paragraph "a",
 18 27 subparagraph (1) or "b" subparagraph (2), the auditor of state
 18 28 shall notify the certified public accountant and the
 18 29 department of the actions the auditor of state believes are
 18 30 necessary to determine whether the entity is in substantial
 18 31 compliance with those laws, rules, regulations, and
 18 32 contractual agreements.  The auditor of state may assist
 18 33 departments with actions to determine whether the entity is in
 18 34 substantial compliance.  Departments requesting the review
 18 35 shall reimburse the auditor of state for the cost of the
 19  1 review and any subsequent assistance provided by the auditor
 19  2 of state.
 19  3    Sec. 28.  Section 11.36, Code Supplement 2007, is amended
 19  4 by adding the following new subsection:
 19  5    NEW SUBSECTION.  4.  When, in the auditor of state's
 19  6 judgment, the auditor of state finds sufficient information is
 19  7 available to demonstrate a governmental subdivision may not
 19  8 have substantially complied with the laws, rules, regulations,
 19  9 and contractual agreements governing public funds, the auditor
 19 10 of state shall establish actions to be taken to determine
 19 11 whether substantial compliance with those laws, rules,
 19 12 regulations, and contractual agreements has been achieved by
 19 13 the governmental subdivision receiving public funds.  Payment
 19 14 for the examination shall be made from the proper public funds
 19 15 of the governmental subdivision.
 19 16    Sec. 29.  Section 11.41, Code 2007, is amended by adding
 19 17 the following new subsection:
 19 18    NEW SUBSECTION.  1A.  Auditors shall have the right while
 19 19 conducting audits or examinations to have full access to all
 19 20 papers, books, records, and documents of any officers or
 19 21 employees and shall have the right, in the presence of the
 19 22 custodian or the custodian's designee, to have full access to
 19 23 the cash drawers and cash in the official custody of the
 19 24 officer or employee and, during business hours, to examine the
 19 25 public accounts of the department or governmental subdivision
 19 26 in any depository which has public funds in its custody
 19 27 pursuant to the law.
 19 28    Sec. 30.  Section 11.41, subsection 2, Code 2007, is
 19 29 amended to read as follows:
 19 30    2.  If the information, records, instrumentalities, and
 19 31 properties sought by the auditor of state are required by law
 19 32 to be kept confidential, the auditor of state shall have
 19 33 access to the information, records, instrumentalities, and
 19 34 properties, but shall maintain the confidentiality of all such
 19 35 information and is subject to the same penalties as the lawful
 20  1 custodian of the information for dissemination of the
 20  2 information.  However, the The auditor of state shall not also
 20  3 have access to the income tax returns of individuals for the
 20  4 sole purpose of completing the annual audit of the state of
 20  5 Iowa.
 20  6    Sec. 31.  NEW SECTION.  11.42  DISCLOSURES PROHIBITED.
 20  7    1.  Notwithstanding chapter 22, information received during
 20  8 the course of any audit or examination, including allegations
 20  9 of misconduct or noncompliance, and the identity of the
 20 10 individual or petitioners requesting an audit, reaudit, or
 20 11 examination under section 11.6 or the identity of any other
 20 12 individual or group of individuals providing information which
 20 13 leads to an audit or examination, and all audit or examination
 20 14 work papers shall be maintained as confidential.
 20 15    2.  Information maintained as confidential as provided by
 20 16 this section may be disclosed for any of the following
 20 17 reasons:
 20 18    a.  As necessary to complete the audit or examination.
 20 19    b.  As necessary to explain a decision by the auditor not
 20 20 to conduct an audit or reaudit.
 20 21    c.  To the extent the auditor is required by law to report
 20 22 the same or to testify in court.
 20 23    3.  Upon completion of an audit or examination, a report
 20 24 shall be prepared as required by section 11.28 and all
 20 25 information included in the report shall be public
 20 26 information.
 20 27    4.  Any violation of this section shall be grounds for
 20 28 termination of employment with the auditor of state.
 20 29    Sec. 32.  NEW SECTION.  11.51  SUBPOENAS.
 20 30    The auditor of state shall, in all matters pertaining to an
 20 31 authorized audit or examination, have power to issue subpoenas
 20 32 of all kinds, administer oaths and examine witnesses, either
 20 33 orally or in writing, and the expense attending the same,
 20 34 including the expense of taking oral examinations, shall be
 20 35 paid as other expenses of the auditor.
 21  1    Sec. 33.  NEW SECTION.  11.52  REFUSAL TO TESTIFY.
 21  2    In case any witness duly subpoenaed refuses to attend, or
 21  3 refuses to produce documents, books, and papers, or attends
 21  4 and refuses to make oath or affirmation, or, being sworn or
 21  5 affirmed, refuses to testify, the auditor of state or the
 21  6 auditor's designee may apply to the district court, or any
 21  7 judge of said district having jurisdiction thereof, for the
 21  8 enforcement of attendance and answers to questions as provided
 21  9 by law in the matter of taking depositions.
 21 10    Sec. 34.  NEW SECTION.  11.53  REPORT FILED WITH COUNTY
 21 11 ATTORNEY.
 21 12    If an audit or examination discloses any irregularity in
 21 13 the collection or disbursement of public funds, in the
 21 14 abatement of taxes, or other findings the auditor believes
 21 15 represent significant noncompliance, a copy of the report
 21 16 shall be filed with the county attorney, and it shall be the
 21 17 county attorney's duty to cooperate with the state auditor,
 21 18 and, in proper cases, with the attorney general, to secure the
 21 19 correction of the irregularity.
 21 20    Sec. 35.  NEW SECTION.  11.54  DUTY OF ATTORNEY GENERAL.
 21 21    In the event an audit or examination discloses any grounds
 21 22 which would be grounds for removal from office, a copy of the
 21 23 report shall be provided and filed by the auditor of state in
 21 24 the office of the attorney general of the state, who shall
 21 25 thereupon take such action as, in the attorney general's
 21 26 judgment, the facts and circumstances warrant.
 21 27    Sec. 36.  NEW SECTION.  11.55  STATE AUDITORS.
 21 28    1.  The auditor of state shall appoint such number of state
 21 29 auditors as may be necessary to make audits and examinations
 21 30 as required in this chapter.  The auditors shall be of
 21 31 recognized skill and integrity and familiar with the system of
 21 32 accounting used in departments or governmental subdivisions
 21 33 and with the laws relating to the affairs of departments or
 21 34 governmental subdivisions.  Such auditors shall be subject at
 21 35 all times to the direction of the auditor of state.
 22  1    2.  The auditor of state shall appoint such additional
 22  2 assistants to the auditors as may be necessary, who shall be
 22  3 subject to discharge at any time by the auditor of state.
 22  4    3.  Any auditor or assistant who is found guilty of
 22  5 falsifying a time and expense voucher or engagement report
 22  6 shall be immediately discharged by the auditor of state and
 22  7 shall not be eligible for reemployment.  Such auditor or
 22  8 assistant must thereupon reimburse the auditor of state for
 22  9 all such compensation and expenses so found to have been
 22 10 overpaid and in the event of failure to do so, the auditor of
 22 11 state may collect the same amount from the auditor's surety by
 22 12 suit, if necessary.
 22 13    Sec. 37.  Section 123.58, Code 2007, is amended to read as
 22 14 follows:
 22 15    123.58  AUDITING.
 22 16    All provisions of sections 11.6, 11.7, 11.10, 11.11, 11.14,
 22 17 11.21, 11.41, and 11.23 11.55, relating to auditing of
 22 18 financial records of governmental subdivisions which are not
 22 19 inconsistent with this chapter are applicable to the division
 22 20 and its offices, warehouses, and depots.
 22 21    Sec. 38.  Section 279.38, unnumbered paragraph 1, Code
 22 22 2007, is amended to read as follows:
 22 23    Boards of directors of school corporations may pay, out of
 22 24 funds available to them, reasonable annual dues to the Iowa
 22 25 association of school boards.  The financial condition and
 22 26 transactions of the Iowa association of school boards shall be
 22 27 audited in the same manner as school corporations as provided
 22 28 in section 11.6.  In addition, annually the Iowa association
 22 29 of school boards shall publish a listing of the school
 22 30 districts and the annual dues paid by each and shall publish
 22 31 an accounting of all moneys expended for expenses incurred by
 22 32 and salaries paid to legislative representatives and lobbyists
 22 33 of the association.
 22 34    Sec. 39.  Section 331.756, subsection 11, Code Supplement
 22 35 2007, is amended to read as follows:
 23  1    11.  Cooperate with the auditor of state to secure
 23  2 correction of a financial irregularity as provided in section
 23  3 11.15 11.53.
 23  4    Sec. 40.  Section 364.5, unnumbered paragraph 2, Code 2007,
 23  5 is amended to read as follows:
 23  6    The financial condition and the transactions of the Iowa
 23  7 league of cities shall be audited in the same manner as cities
 23  8 as provided in section 11.6.
 23  9    Sec. 41.  Section 422.20, subsection 3, unnumbered
 23 10 paragraph 1, Code 2007, is amended to read as follows:
 23 11    Unless otherwise expressly permitted by section 8A.504,
 23 12 section 11.41, subsection 2, section 421.17, subsections 22,
 23 13 23, and 26, sections 252B.9, 421.19, 421.28, 422.72, and
 23 14 452A.63, and this section, a tax return, return information,
 23 15 or investigative or audit information shall not be divulged to
 23 16 any person or entity, other than the taxpayer, the department,
 23 17 or internal revenue service for use in a matter unrelated to
 23 18 tax administration.
 23 19    Sec. 42.  Section 422.72, subsection 3, unnumbered
 23 20 paragraph 1, Code 2007, is amended to read as follows:
 23 21    Unless otherwise expressly permitted by section 8A.504,
 23 22 section 11.41, subsection 2, section 421.17, subsections 22,
 23 23 23, and 26, sections 252B.9, 421.19, 421.28, 422.20, and
 23 24 452A.63, and this section, a tax return, return information,
 23 25 or investigative or audit information shall not be divulged to
 23 26 any person or entity, other than the taxpayer, the department,
 23 27 or internal revenue service for use in a matter unrelated to
 23 28 tax administration.
 23 29    Sec. 43.  Sections 11.7 through 11.10, 11.12, 11.13, 11.15,
 23 30 11.16, 11.17, 11.23, 11.25, and 11.27, Code 2007, are
 23 31 repealed.
 23 32                           EXPLANATION
 23 33    This bill makes changes relating to the duties and
 23 34 responsibilities of the auditor of state.
 23 35    Code section 11.1 is amended to define examination as a
 24  1 procedure less in scope than an audit but which is directed at
 24  2 reviewing financial activities and compliance with legal
 24  3 requirements.  Governmental subdivision is also defined to
 24  4 mean cities, administrative agencies of cities, city
 24  5 hospitals, counties, county hospitals, memorial hospitals,
 24  6 chapter 28E entities, community colleges, area education
 24  7 agencies, and school districts.
 24  8    Code section 11.2, concerning annual settlements and
 24  9 audits, is amended to eliminate language referring to
 24 10 settlement between state officers and persons receiving or
 24 11 expending state funds, but the requirement to make an annual
 24 12 audit remains.  The Code section is also amended to eliminate
 24 13 the requirement to make a quarterly preliminary audit of the
 24 14 educational institutions of the state and the state fair
 24 15 board.  The section is also amended to provide that
 24 16 departments notify the auditor regarding any suspected
 24 17 embezzlement, theft, or other financial irregularities.
 24 18    Code section 11.4, concerning reports of audits, is amended
 24 19 to eliminate the requirement that the written reports contain
 24 20 comparisons of prices paid and terms obtained by the various
 24 21 departments for goods and services and the reasons, if any, if
 24 22 they differ.
 24 23    Code section 11.5B, concerning repayment of audit expenses
 24 24 by state departments and agencies, is amended to add the
 24 25 office of energy independence to the list of billable
 24 26 departments and agencies.
 24 27    Code section 11.6, concerning the auditing and examination
 24 28 of governmental subdivisions, is amended.
 24 29    Code section 11.6(1), concerning what governmental
 24 30 subdivisions are subject to audit and how frequently, is
 24 31 amended.  The bill adds community mental health centers,
 24 32 community action agencies, and community colleges to the list
 24 33 of entities requiring an annual audit.  The bill also amends
 24 34 language concerning the auditing of cities by eliminating the
 24 35 requirement that cities with a population between 700 and
 25  1 2,000 shall have an audit at least once in four years.  The
 25  2 bill provides that cities with a population of less than 1,500
 25  3 shall be audited upon application of taxpayers, employees, or
 25  4 elected officials of the city and provides that cities with a
 25  5 population of between 1,500 and 2,000 are now subject to the
 25  6 annual audit requirement applicable to other governmental
 25  7 subdivisions.
 25  8    Code section 11.6(2), concerning the employment of
 25  9 certified public accountants by a governmental subdivision, is
 25 10 amended to provide that a written request for proposals
 25 11 process be used to employ such accountants.
 25 12    Code section 11.6(3), concerning requests for an audit of a
 25 13 township or city, is amended.  The bill modifies how the
 25 14 public can request an audit.  The bill provides that an audit
 25 15 can be requested by application of 100 or more eligible
 25 16 electors, rather than taxpayers, of the township or city if
 25 17 the population of the township or city is 500 or more people.
 25 18 If less than 500 people, then the bill provides that 15
 25 19 percent of registered voters can make application for an
 25 20 audit.
 25 21    Code section 11.6(7), concerning notification of suspected
 25 22 theft or embezzlement, is amended to provide that governmental
 25 23 subdivisions are also required to provide this notice and to
 25 24 provide that the certified public accountant performing the
 25 25 audit and the governmental subdivision also notify the auditor
 25 26 of state if other significant financial irregularities are
 25 27 suspected.
 25 28    Code section 11.6(9) is amended to include the Iowa league
 25 29 of cities and the Iowa association of school boards as
 25 30 entities to be audited on an annual basis.  Current law
 25 31 provides for an audit of these entities under Code sections
 25 32 364.5 and 279.38 and those sections are amended to reflect
 25 33 placement of this requirement to audit in Code section 11.6.
 25 34    Code section 11.6(10), which currently provides for
 25 35 collection of a filing fee for audit reports, is amended by
 26  1 establishing a report fee for the filing and review of cities'
 26  2 annual financial reports for cities not required to pay the
 26  3 filing fee for an annual audit.  The level of the fee
 26  4 collected would be established by rule and would be deposited
 26  5 in a fund for use by the auditor for administrative and
 26  6 related costs associated with analysis of annual financial
 26  7 reports.
 26  8    Code section 11.6 is also amended by adding a new
 26  9 subsection that provides that governmental subdivisions keep
 26 10 records current and in a format to exhibit in the reports the
 26 11 matters required by the auditor of state.
 26 12    Code section 11.7, concerning appointment of state
 26 13 auditors, is repealed, but the substance of the Code section
 26 14 is transferred to new Code section 11.55.
 26 15    Code section 11.8, concerning assistants to state auditors,
 26 16 is repealed, but the substance of the Code section is
 26 17 transferred to new Code section 11.55.
 26 18    Code section 11.9, concerning certain local government
 26 19 auditors' salaries and expenses, is repealed.
 26 20    Code section 11.10, concerning examinations, is repealed,
 26 21 but the substance of the Code section is transferred to Code
 26 22 section 11.41, subsection 1A.
 26 23    Code section 11.11, concerning scope of audits, is amended
 26 24 to provide that the audit include an opinion about whether a
 26 25 governmental subdivision's financial statements are in
 26 26 conformity with generally accepted accounting principles or
 26 27 with an other comprehensive basis of accounting.
 26 28    Code section 11.12, concerning subpoenas, is repealed, but
 26 29 the substance of the Code section is transferred to new Code
 26 30 section 11.51.
 26 31    Code section 11.13, concerning refusal to testify, is
 26 32 repealed, but the substance of the Code section is transferred
 26 33 to new Code section 11.52.
 26 34    Code section 11.14, concerning reports and public
 26 35 inspection, is amended to provide that written audit or
 27  1 examination reports shall be provided to the governmental
 27  2 subdivision and filed with the auditor of state.  Current
 27  3 requirements to produce reports in triplicate and to deliver
 27  4 copies to certain designated individuals is eliminated.
 27  5    Code section 11.15, concerning reports filed with the
 27  6 county attorney, is repealed, but the substance of the Code
 27  7 section is transferred to new Code section 11.53.
 27  8    Code section 11.16, concerning the duty of the attorney
 27  9 general, is repealed, but the substance of the Code section is
 27 10 transferred to new Code section 11.54.
 27 11    Code section 11.17, concerning prohibited disclosures, is
 27 12 repealed, but the substance of the Code section is transferred
 27 13 to new Code section 11.42.
 27 14    Code section 11.19, concerning the auditor's powers and
 27 15 duties, is amended to eliminate the requirement that reports
 27 16 be open to public inspection and eliminates the criminal
 27 17 penalty for failing to permit inspection of reports that have
 27 18 been filed with the auditor of state.  Provisions concerning
 27 19 the forwarding of notice that a report has been filed to the
 27 20 local media are also stricken from this Code section.  Code
 27 21 section 11.14 still provides that the report is available for
 27 22 public inspection.
 27 23    Code section 11.20, concerning salary payments to auditors,
 27 24 is amended by striking the provision allowing for a prorated
 27 25 amount for vacation and sick leave.
 27 26    Code section 11.21, concerning repayment of auditors, is
 27 27 amended to provide that the provisions of this Code section
 27 28 apply to governmental subdivisions.   The provision of this
 27 29 Code section providing for the discharge of auditors who shall
 27 30 be found guilty of falsifying an expense voucher is stricken
 27 31 from this Code section, but the substance of this provision is
 27 32 transferred to new Code section 11.55.
 27 33    Code section 11.23, providing that each school officer
 27 34 install and use a system of uniform blanks and forms, is
 27 35 repealed.
 28  1    Code sections 11.25 and 11.27, concerning the requirement
 28  2 of the auditor to submit a biennial report to the governor and
 28  3 to make individual audit reports, are repealed.
 28  4    Code section 11.28, concerning individual audit reports, is
 28  5 amended by striking requirements relative to the submission of
 28  6 the daily audit report and required copies of certain audit
 28  7 reports.
 28  8    Code section 11.36, concerning the review by the auditor of
 28  9 entities receiving public moneys, is amended.  The Code
 28 10 section is amended to provide that the auditor has the
 28 11 authority to investigate a governmental subdivision if the
 28 12 auditor of state gains information of noncompliance that is
 28 13 sufficient to warrant an investigation.  If an examination is
 28 14 warranted, the governmental subdivision is required to pay for
 28 15 it.
 28 16    Code section 11.41, concerning access to information, is
 28 17 amended to give the auditor of state access to individual tax
 28 18 returns solely for the purpose of completing the annual audit
 28 19 of the state of Iowa.  Corresponding amendments are made to
 28 20 Code sections 422.20 and 422.72.
 28 21 LSB 5454HV 82
 28 22 ec/sc/14.2