BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1493
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                         Senator Edward Vincent, Chair
                           2001-2002 Regular Session
                                 Staff Analysis



          AB 1493  Author:  Keeley
          As Amended:  May 3, 2001
          Hearing Date:  July 10, 2001
          Consultant: Steve Hardy


                                     SUBJECT  
                             Bureau of State Audits

                                   DESCRIPTION
           
          AB 1493 would clarify the duties of the State Auditor and  
          the Bureau of State Audits (BSA), by cleaning up statutory  
          references.  The bill deletes obsolete references to the  
          Auditor General and, where the duty has been assumed by the  
          State Auditor, corrects the reference.  AB 1493 also makes  
          various other technical and non-substantive changes.

                                PRIOR LEGISLATION
           
           SB 37 (Maddy) Chapter 12, Statutes of 1993.   Essentially,  
          this measure created the Bureau of State Audits in state  
          government under the Milton Marks Commission on California  
          State Government Organization and Economy (the Little  
          Hoover Commission).  Transferred all functions of the then  
          existing State Auditor General to the new Bureau of State  
          Audits as specified.

                                   EXISTING LAW
           
          Existing law establishes the Bureau of State Audits under  
          the Direction of the Milton Marks Commission on California  
          State Government Organization and Economy, and generally  
          provides that all references to the Auditor General or the  
          office of the Auditor General concerning the conducting of  
          audits will be deemed to refer directly to these two  




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          parties.
                                         




                                   BACKGROUND
           
          In 1955, the Legislature created the Joint Legislative  
          Audit Committee (JLAC) and the Office of the Auditor  
          General.  The Auditor General and his/her staff held exempt  
          positions and were classified as employees of the State  
          Legislature.  It was the duty of the Auditor General to  
          examine and report upon the financial statements of state  
          funds prepared by the executive branch of the state so the  
          Legislature would be informed independently as to whether  
          such statements presented fairly, the financial position of  
          state funds and the results of their operations.  In  
          addition, it was the duty of the Auditor General to make  
          such special audits and investigations of any agency,  
          whether created by Constitution or otherwise, as may be  
          requested by the Legislature or any committee of the  
          Legislature through JLAC.
           
          As of December 4, 1992, the Office of Auditor General  
          became nonexistent.  In Addition, the Office of Auditor  
          General and the Legislative Analyst's Office were both  
          severely reduced due to Proposition 140  (legislative term  
          limits).
           
          AB 1944 (Chapter 1, Statutes of 1992) provided monetary  
          relief to the Auditor General's office for the 1991-92  
          fiscal year.  SCA 34 by former Senator Maddy, which would  
          have established the Office of the Auditor General, was  
          defeated at the 1992 November General Election.

          In 1993, Senators Maddy and Roberti authored SB 37 (Chapter  
          12, Statutes of 1993), which created BSA under the Little  
          Hoover Commission, headed by the State Auditor who would be  
          appointed by the Governor to a four-year term from a list  
          of three qualified individuals submitted by JLAC, by a vote  
          of at least a majority of the committee membership from  
          each house of the Legislature.  SB 37 provided that BSA  
          must examine and report annually upon the financial  
          statements prepared by the executive branch of the state;  
          perform other related assignments, including performance  




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          audits, that are mandated by statute; and administer the  
          Reporting of Improper Governmental Activities Act.  It  
          further required BSA to conduct audits and investigations  
          of public entities requested by JLAC to the extent that  
          funding is available.

          While SB 37 retained much of the law concerning the duties  
          and powers of the Auditor General, it did not change all  
          references in code from Auditor General to State Auditor.   
          The author is carrying this measure to delete obsolete  
          references to the Auditor General and, where the duty has  
          been assumed by the State Auditor, correct the reference.   
          The bill also makes other technical and non-substantive  
          changes.

           SUPPORT:   None registered as of 7/04/01
           OPPOSE:      None registered as of 7/04/01
           FISCAL COMMITTEE:   No
          SMH:bkh                                      **********