BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 1473
          AUTHOR:        Wyland
          AMENDED:       April 12, 2010
          FISCAL COMM:   No             HEARING DATE:  April 21, 2010
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :   School facility bond performance audits.
          
           KEY POLICY ISSUE  

          Should constitutionally required performance audits  
          required of local bond initiatives enacted with a 55  
          percent vote threshold be conducted in accordance with  
          Government Auditing Standards? 

           
          SUMMARY  

          This bill requires that the constitutionally required  
          performance audit established by initiative measure  
          (Proposition 39, November 2000) be conducted in accordance  
          with 2007 Government Auditing Standards issued by the  
          Comptroller General of the United States.

           BACKGROUND  

          Article XI, section 18 of the California Constitution, as  
          amended by voter initiative measure (Proposition 39,  
          November 2000) authorizes a school district, community  
          college district, or county office of education to incur  
          bond indebtedness for the construction, reconstruction,  
          rehabilitation, or replacement of school facilities, with  
          the approval of 55 percent of the voters of the district or  
          county.  Article XIII A provides that this vote threshold  
          only applies if, among other things, the local bond measure  
          includes a specific list of school projects to be funded  
          and requires the authorizing board to conduct annual,  
          independent financial and performance audits until all bond  
          funds have been spent to ensure they are used exclusively  
          for the projects listed in the measure.  Current law  
          provides that a Citizen's Oversight Committee be  




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          established to, among other things, receive and review  
          copies of the constitutionally required annual independent  
          financial and performance audits. (Education Code  15278)

          Current law requires every county superintendent of schools  
          to provide for an audit of all funds under his or her  
          jurisdiction and control and the governing board of each  
          local educational agency to either provide for an audit of  
          its books and accounts or make arrangements with its county  
          superintendent of schools to provide for the audit. Current  
          law also requires the audit fully comply with the  
          Government Auditing Standards issued by the Comptroller  
          General of the United States. (EC 14020)

           ANALYSIS
           
           This bill  requires that the annual independent performance  
          audit required as the result of the passage of Proposition  
          39 be conducted in accordance with the 2007 revision of  
          Government Auditing Standards issued by the Comptroller  
          General of the United States.

           STAFF COMMENTS  

           1)   Need for the bill  . According to the author, while  
               Proposition 39 required, and the Education Code  
               currently requires both annual financial and annual  
               performance audits for funds connected to bonds issued  
               under the provisions of Proposition 39, the standards  
               and methodologies to use with the performance audits  
               have never been defined.

           2)   Government Auditing Standards  .  Government Auditing  
               Standards (the "Yellow Book") contains standards for  
               audits of government organizations, programs,  
               activities, and functions, and of government  
               assistance received by contractors, nonprofit  
               organizations, and other nongovernmental  
               organizations. These standards, often referred to as  
               Generally Accepted Government Auditing Standards  
               (GAGAS), are to be followed by auditors and audit  
               organizations when required by law, regulation,  
               agreement, contract, or policy. These standards  
               pertain to auditors' professional qualifications, the  
               quality of audit effort, and the characteristics of  
               professional and meaningful audit reports. On July 27,  




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               2007, the Comptroller General of the United States  
               issued the 2007 revision of Government Auditing  
               Standards, which supersedes the 2003 revision and  
               updates the January 2007 revision.
           
          3)   Technical amendment  . To help ensure that Government  
               Auditing Standards (the "Yellow Book") continue to  
               meet the needs of the audit community and the public  
               it serves, the Comptroller General of the United  
               States appointed the Advisory Council on Government  
               Auditing Standards to review the standards and  
               recommend necessary changes to the Comptroller General  
               of the United States. When the Comptroller General  
               issues a revised standard, the electronic version of  
               Government Auditing Standards is immediately codified  
               with a periodic codification of the standards into the  
               printed book format.  This specifically references the  
               2007 auditing standards.  
          
               Staff recommends the bill be amended to delete the  
               reference to the 2007 standards and instead require  
               the performance audit be "conducted in accordance with  
               Government Auditing Standards issued by the  
               Comptroller General of the United States" to ensure  
               consistency with current law references and the  
               application of the most recent audit standards  
               applicable. 
           4)   Similar legislation  .  AB 125 (Ma, 2007) would have  
               authorized the independent performance audit required  
               by Proposition 39 to include reviews of the compliance  
               by a school district or a community college district  
               with specified information. The bill was vetoed by the  
               Governor, whose veto message read, in pertinent part:

               This bill is unnecessary since it simply provides  
               legislative authorization to include the specified  
               issues for districts to review in its annual,  
               independent performance audits of local general  
               obligation bonds.  Nothing in current law prohibits a  
               district from including these elements today, even in  
               the absence of this measure.
          
           SUPPORT  

          Board of Governors of the California Community Colleges
          California Association of School Business Officials (CASBO)




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          California League of Bond Oversight Committees (CALBOC)
          Howard Jarvis Taxpayers Association

          OPPOSITION

           None received.