BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           503 (Kehoe)
          
          Hearing Date:  1/21/2010        Amended: 1/12/2010
          Consultant:  Bob Franzoia       Policy Vote: G O 8-4
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          BILL SUMMARY: SB 503 would require the State Controller's Office  
          (SCO) select one or more projects funded from any state general  
          obligation bond act approved after January 1, 2010 to be the  
          subject of an audit.  This bill would require any entity that is  
          to be audited, prior to contracting with the SCO for an audit,  
          to determine it is able to pay the estimated cost of the audit  
          from bond proceeds.  The SCO would be prohibited from conducting  
          the audit if those proceeds are not available.  The SCO shall  
          assign up to five auditor positions to conduct the audits.   
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           General obligation bond            $0                   $0       
          Up to $350      Bond*  
          audits                                                  

          * From bonds approved after January 1, 2010.
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          ____

          STAFF COMMENTS: SUSPENSE FILE.  
          
          This bill provides that the department or agency responsible for  
          the project being audited shall reimburse the SCO for the actual  
          cost of conducting the audit from the proceeds of bonds  
          allocated for administrative purposes for that project.  The SCO  
          indicates the cost of the audit would be predetermined with the  
          administering agency, similar to an interagency agreement.   
          Disagreements with the administering agency should be unusual,  
          as the SCO and the administering agency would pre-agree on the  
          audit scope and amount, ensuring the audit is within the  
          administration budget.  The central focus of the audit would be  
          on the local agency where the project occurs, not the state  
          agency.











          The SCO's role in bond oversight was the subject of recent  
          Little Hoover Commission report.  In a June 2009 report  
          entitled, Bond Spending:  Expanding and Enhancing Oversight, the  
          Commission, in commenting on the cost of bond audits, noted  
          that, "in the current fiscal climate, a more prudent  
          recommendation is to expand the auditing staff in the State  
          Controller's Office and pay for this expansion with the portion  
          of the bond money set aside for administration" (page 29).  

          The fiscal impact of this bill on bond funds depends in part on  
          the manner in which the SCO initiates an audit.  When a  
          department or agency uses all of its allocation of funds for  
          administration, no audit would be arranged.

          When a department or agency would not otherwise expend all five  
          percent of its administrative set aside, this bill would result  
          in a potential reduction of funds, the 
          Page 2
          SB 503 (Kehoe)

          amount of the audit, for purposes set forth in the bond  
          programs.  This is because all unused administrative funds are  
          directed to those programs.  All savings identified by an audit  
          would result in a potential increase of funds for those  
          programs.

          When an audit of an ongoing project identifies misspent funds  
          and disallowable costs, other projects should benefit from those  
          public findings.   

          There is significant variance in how audit costs are calculated.  
           An "upper end" estimate of time and cost for one audit of the  
          type proposed by the bill would be 600 hours (4 months) and  
          $50,000 (including expenses).  At the lower end, audit costs  
          will likely range from $20,000 to $25,000.  In general, an audit  
          costing $50,000 would likely show more savings as the auditor is  
          on the project longer and identifying more savings or cost  
          avoidance.  Using an average of the range, or $35,000, the SCO  
          has estimated a full year cost of up to $350,000.  This would  
          fund four Associate Management Auditor positions at an average  
          cost of $252,000, one Senior Management Auditor at an average  
          cost of $76,000 and support and equipment costs of $22,000.
           
          An estimate of the SCO completing 10 to 15 audits annually is  
          based on local agency, project-level audits, not at the state  
          administrator level.   For comparison, Caltrans has an  










          interagency agreement with the SCO for 12 full-time auditors  
          annually to work on Proposition 1B (2006) bond oversight.

          Historically, for each audit dollar, also referred to as the  
          audit exception rate, the SCO has identified $12 of savings or  
          avoided costs.  Thus, five auditors, at an annual cost of up to  
          $350,000 should identify savings or avoided costs of $4,200,000  
          decreasing annually as bond funds are encumbered.  If ten  
          percent of this estimated savings is realized, all costs would  
          be offset by savings or avoided costs.