BILL ANALYSIS Ó AB 187 Page 1 Date of Hearing: May 11, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 187 (Lara and Smyth) - As Introduced: January 25, 2011 Policy Committee: Accountability and Admin. Review Vote: 13 - 0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill authorizes the State Auditor to establish a high-risk local agency audit program. Specifically, this bill: 1)Allows the State Auditor to establish a high-risk local agency audit program to audit any city, county, special district or other publicly created entity that the auditor identifies as being at high risk of waste, fraud, abuse, mismanagement or other major challenges. 2)Allows the State Auditor to consult with the State Controller, Attorney General or other state agencies that have oversight responsibilities over the local entity. 3)Requires the State Auditor to notify the Joint Legislative Audit Committee whenever it identifies a local government as being at risk. 4)Requires the State Auditor to issue audit reports at least once every two years if a local agency is determined to be at high risk. FISCAL EFFECT Annual GF costs are expected to be around $500,000. Costs depend on the number and complexity of audits. COMMENTS 1)Purpose. Currently, the high-risk program only applies to AB 187 Page 2 state government and does not give the State Auditor the authority to include local governments high-risk assessments. Yet the State Auditor's general jurisdiction for audit work includes all levels of state and local government. Omitting local governments from the high-risk program could hamper the ability of the State Auditor to provide state-wide oversight and government transparency. AB 187 allows the State Auditor to examine local governments during the course of the high-risk audit program to determine if there are any areas that are at risk of fraud, waste or mismanagement. 2)Background. Existing law authorizes the State Auditor to establish a high-risk government agency audit program. Every two years, the State Auditor produces a high-risk report that identifies agencies and programs at risk for waste, fraud and abuse. The high-risk program can also identify major challenges and impediments associated with government efficiency. 3)Auditing priorities . The resources of the Bureau of State Audits are limited, which is one reason that the Legislature has established the Joint Legislative Audit Committee (JLAC). JLAC has adopted a specific procedure for evaluating and approving audit proposals. The BSA gives priority to audits mandated by statute and these would be done regardless of JLAC's decisions. Establishing a high risk local government agency audit program could mean that JLAC would have to defer or deny a different audit. A factor for the committee to consider is that because of the competition for resources, BSA is receiving significant budget increases in the next two fiscal years. 4)Amendment Suggested. The bill requires the State Auditor to issue audit reports at least once every two years once a local agency is at high risk. Since it is possible for a local agency to respond to the initial audit in a way that demonstrates it is no longer at high risk, the requirement to continue audits should be permissive. Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081 AB 187 Page 3