BILL NUMBER: AB 2613 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN ASSEMBLY MAY 2, 2016
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 19, 2016
An act to amend, repeal, and add Section 26909 of the Government
Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2613, as amended, Achadjian. County auditor: audits: special
districts.
Existing law requires the county auditor to either contract with a
certified public accountant or public accountant to perform an
audit, or perform an audit, of the accounts and records of every
special district within the county, as specified. Existing law
authorizes a special district, by unanimous request of its governing
board and unanimous approval by the board of supervisors, to replace
the annual audit with an audit over a longer period of time or with a
financial review, as specified.
This bill would additionally authorize a special district, until
January 1, 2027, and for a period of not more than 5 consecutive
years, by annual unanimous request of its
governing board and with annual unanimous approval
of the board of supervisors, to replace the annual audit with an
annual financial compilation and an annual review of the
internal control procedures of the special district to be
performed by the county auditor auditor, or an
agreed-upon procedures engagement, in accordance with
professional standards, if certain conditions are met.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26909 of the Government Code is amended to
read:
26909. (a) (1) The county auditor shall either make or contract
with a certified public accountant or public accountant to make an
annual audit of the accounts and records of every special district
within the county for which an audit by a certified public accountant
or public accountant is not otherwise provided. In each case, the
minimum requirements of the audit shall be prescribed by the
Controller and shall conform to generally accepted auditing
standards.
(2) If an audit of a special district's accounts and records is
made by a certified public accountant or public accountant, the
minimum requirements of the audit shall be prescribed by the
Controller and shall conform to generally accepted auditing
standards, and a report thereof shall be filed with the Controller
and with the county auditor of the county in which the special
district is located. The report shall be filed within 12 months of
the end of the fiscal year or years under examination.
(3) Any costs incurred by the county auditor, including contracts
with, or employment of, certified public accountants or public
accountants, in making an audit of every special district pursuant to
this section shall be borne by the special district and shall be a
charge against any unencumbered funds of the district available for
the purpose.
(4) For a special district that is located in two or more
counties, this subdivision shall apply to the auditor of the county
in which the treasury is located.
(5) The county controller, or ex officio county controller, shall
effect this section in those counties having a county controller or
ex officio county controller.
(b) A special district may, by unanimous request of the governing
board of the special district and with unanimous approval of the
board of supervisors, replace the annual audit required by this
section with one of the following, performed in accordance with
professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district's
annual revenues do not exceed an amount specified by the board of
supervisors.
(3) An audit conducted at specific intervals, as recommended by
the county auditor, that shall be completed at least once every five
years.
(c) (1) A special district may, by unanimous request of the
governing board of the special district and with unanimous approval
of the board of supervisors, replace the annual audit required by
this section with a financial review, or an agreed-upon
procedures engagement, in accordance with the appropriate
professional standards, as determined by the county auditor, if the
following conditions are met:
(A) All of the special district's revenues and expenditures are
transacted through the county's financial system.
(B) The special district's annual revenues do not exceed one
hundred fifty thousand dollars ($150,000).
(2) If the board of supervisors is the governing board of the
special district, it may, upon unanimous approval, replace the annual
audit of the special district required by this section with a
financial review review, or an agreed-upon
procedures engagement, in accordance with the appropriate
professional standards, as determined by the county auditor, if the
special district satisfies the requirements of subparagraphs (A) and
(B) of paragraph (1).
(d) (1) A special district may, by annual unanimous request of the
governing board of the special district and with annual unanimous
approval of the board of supervisors, replace the annual audit
required by this section with an annual financial compilation
and an annual review of the internal control procedures
of the special district to be performed by the county
auditor in accordance with professional standards, if all of the
following conditions are met:
(A) All of the special district's revenues and expenditures are
transacted through the county's financial system.
(B) The special district's annual revenues do not exceed one
hundred fifty thousand dollars ($150,000).
(C) The special district shall pay for any costs incurred by the
county auditor in performing a financial compilation and evaluation
of the internal control procedures. Those costs shall be a charge
against any unencumbered funds of the district available for that
purpose.
(2) A special district shall not replace an annual audit required
by this section with an annual financial compilation and an
annual review of the internal control procedures of the
special district pursuant to paragraph (1) for more than five
consecutive years, after which a special district shall comply with
subdivision (a).
(e) Notwithstanding this section, a special district shall be
exempt from the requirement of an annual audit if the financial
statements are audited by the Controller to satisfy federal audit
requirements.
(f) This section shall remain in effect only until January 1,
2027, and as of that date is repealed.
SEC. 2. Section 26909 is added to the Government Code, to read:
26909. (a) (1) The county auditor shall either make or contract
with a certified public accountant or public accountant to make an
annual audit of the accounts and records of every special district
within the county for which an audit by a certified public accountant
or public accountant is not otherwise provided. In each case, the
minimum requirements of the audit shall be prescribed by the
Controller and shall conform to generally accepted auditing
standards.
(2) If an audit of a special district's accounts and records is
made by a certified public accountant or public accountant, the
minimum requirements of the audit shall be prescribed by the
Controller and shall conform to generally accepted auditing
standards, and a report thereof shall be filed with the Controller
and with the county auditor of the county in which the special
district is located. The report shall be filed within 12 months of
the end of the fiscal year or years under examination.
(3) Any costs incurred by the county auditor, including contracts
with, or employment of, certified public accountants or public
accountants, in making an audit of every special district pursuant to
this section shall be borne by the special district and shall be a
charge against any unencumbered funds of the district available for
the purpose.
(4) For a special district that is located in two or more
counties, this subdivision shall apply to the auditor of the county
in which the treasury is located.
(5) The county controller, or ex officio county controller, shall
effect this section in those counties having a county controller or
ex officio county controller.
(b) A special district may, by unanimous request of the governing
board of the special district and with unanimous approval of the
board of supervisors, replace the annual audit required by this
section with one of the following, performed in accordance with
professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district's
annual revenues do not exceed an amount specified by the board of
supervisors.
(3) An audit conducted at specific intervals, as recommended by
the county auditor, that shall be completed at least once every five
years.
(c) (1) A special district may, by unanimous request of the
governing board of the special district and with unanimous
approval of the board of supervisors, replace the annual audit
required by this section with a financial review, in accordance with
the appropriate professional standards, as determined by the county
auditor, if the following conditions are met:
(A) All of the special district's revenues and expenditures are
transacted through the county's financial system.
(B) The special district's annual revenues do not exceed one
hundred fifty thousand dollars ($150,000).
(2) If the board of supervisors is the governing board of the
special district, it may, upon unanimous approval, replace the annual
audit of the special district required by this section with a
financial review in accordance with the appropriate professional
standards, as determined by the county auditor, if the special
district satisfies the requirements of subparagraphs (A) and (B) of
paragraph (1).
(d) Notwithstanding this section, a special district shall be
exempt from the requirement of an annual audit if the financial
statements are audited by the Controller to satisfy federal audit
requirements.
(e) The section shall become operative on January 1, 2027.