BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 736|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 736
          Author:   Cannella (R)
          Amended:  4/26/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  : 9-0, 4/13/11
          AYES: Lowenthal, Runner, Alquist, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED: Blakeslee, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    California State University financial statement 
          and 
                      compliance

           SOURCE  :     California State University


           DIGEST  :    This bill deletes the requirement that the 
          Trustees of the California State University conduct 
          individual campus financial statement and compliance audits 
          and, instead, requires that the currently required 
          systemwide audits be conducted in compliance with generally 
          accepted accounting principles and include specified 
          campus-level information.  

           ANALYSIS  :    Current law authorizes the California State 
          University (CSU), in conjunction with the State 
          Controller's office, to establish a system to draw from 
          funds appropriated to the university to make direct payment 
                                                           CONTINUED





                                                                SB 736
                                                                Page 
          2

          to its vendors.  Any amounts drawn in excess of 10 percent 
          of the total appropriation to the CSU in a fiscal year 
          require the approval of the Director of the Department of 
          Finance (DOF).

          As a condition of this authority, the CSU is required to:

          1.Maintain records of these payments for three years and to 
            make those records available to the Controller for post 
            audit review, as needed.  

          2.Contract with one or more public accounting firms to 
            annually conduct systemwide, and at least 10 individual 
            campuses, financial statement and compliance audits. 

          3.Include the results of these audits in a statutorily 
            required biennial report on the adequacy of the CSU's 
            internal accounting and administrative control systems.  

          The campus audits are required to be conducted on a 
          rotating basis, and each campus must be audited at least 
          once every two years.  The financial statement audits are 
          required to test compliance with procurement procedures and 
          the integrity of the payments made

          In order to ensure compliance with the Financial Integrity 
          and State Manager's Accountability Act of 1983, current law 
          requires that the head of each state agency biennially 
          conduct an internal review and prepare a report on the 
          adequacy of the agency's systems of internal accounting and 
          administrative control, as specified, and that copies of 
          these reports be submitted to the Legislature, the State 
          Auditor, the Governor, the Director of DOF, and to the 
          State Library where they must be available for public 
          inspection.

          This bill:

          1.Deletes the requirement that the Trustees conduct 
            individual campus financial statement and compliance 
            audits. 

          2.Requires that the annual systemwide financial statement 
            audit be conducted in accordance with generally accepted 







                                                                SB 736
                                                                Page 
          3

            accounting principles 

          3.Requires that each campus' statement of net assets, 
            statement of revenues, expenses, changes in net assets, 
            and statement of cashflows be included as an addendum to 
            the annual system wide audit.

          4.Requires summary information on transactions with 
            auxiliary organizations for each campus to be included in 
            the addendum to the annual systemwide audit.

          4.Requires that any additional information necessary be 
            provided upon request, to the extent available. 

           Comments

          History  .  Current law, authorizing a direct vendor payment 
          system was established by AB 2613 (Aguiar), Chapter 934, 
          Statutes of 1996.  AB 2613 also required the Bureau of 
          State Audits (BSA) to evaluate CSU's system and report 
          findings and recommendations to the Legislature no later 
          than January 1, 2001.  The BSA review found few problems, 
          all of which were isolated rather than systemic and the 
          authority was made permanent by the deletion of the sunset 
          date in AB 1689 (Assembly Jobs, Economic Development, and 
          the Economy Committee), Chapter 169, Statutes of 2001. 

           Generally Accepted Accounting Principles.   This bill 
          specifically authorizes the preparation of financial 
          statements according to generally accepted accounting 
          principle standards.  Generally accepted accounting 
          principles are the minimum standards or rules organizations 
          must follow in determining what financial information 
          should be included in the general-purpose financial 
          statements and how the information should be presented.  
          The primary organizations responsible for setting 
          accounting standards are the Governmental Accounting 
          Standards Board (GASB), the Financial Accounting Standards 
          Board (FASB), and the Federal Accounting Standards Advisory 
          Board (FASAB).  For state and local governments, generally 
          accepted accounting principles are established primarily by 
          the GASB, while the FASAB serves as the main 
          standard-setting body for the federal government. 








                                                                SB 736
                                                                Page 
          4

           Is the detailed campus information necessary  ?  According to 
          the Senate Education Committee, among other things, campus 
          financial statements include summary information on 
          transactions with related entities, including payments made 
          to and from auxiliary organizations for salaries, services, 
          and University gifts-in-kind.  This detailed information is 
          not currently provided in the systemwide financial 
          statements, and under the bill's current provisions, would 
          be discontinued.  According to the CSU, this information is 
          available in the independent audit required of any 
          auxiliary as required under Education Code § 89900(a).

           Similar Legislation  

          AB 450 (Wieckowski), 2011-12 Session, also proposes changes 
          to the reporting requirements associated with the authority 
          to make direct vendor payments.  Unlike this bill, it 
          proposes, among other things, to expand accountability by 
          increasing the maintenance of vendor payment records from 
          three to five years, requiring that audits determine 
          compliance procurement procedures and integrity of 
          payments, and to expand auditing of campuses from once 
          every two years to annually.  (In Assembly Appropriations 
          Committee)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  5/10/11)

          California State University

           ARGUMENTS IN SUPPORT  :    Current law requires the CSU to 
          contract with a public accounting firm to conduct 
          systemwide and individual campus audits.  According to the 
          CSU, these audits were mandated as a condition of granting 
          the CSU the unique authority to pay its vendors directly, 
          without going through the Controller's Office. According to 
          the author's office, the campus audits, with few 
          exceptions, contain the same information as the annual 
          systemwide audits and cost the CSU system $2 million every 
          year.  









                                                                SB 736
                                                                Page 
          5

          CPM:cm  5/10/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****