BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1345
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          Date of Hearing:   January 19, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1345 (Lara) - As Amended:  January 12, 2012 

          Policy Committee:                              Local 
          GovernmentVote:9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill expands the State Controller's oversight over local 
          government auditing practices.  Specifically, this bill:

          1)Directs audit reports to be submitted to the Controller within 
            nine months after the end of the period audited, or pursuant 
            to applicable federal or state law.

          2)Requires audit reports to comply with the Government Auditing 
            Standards issued by the Comptroller General of the United 
            States.

          3)Authorizes the Controller to appoint a qualified certified 
            public accountant (CPA) or public accountant (PA) to complete 
            an audit report and to obtain required information if a local 
            agency does not submit the audit report by the established due 
            date and provides that costs incurred by the Controller shall 
            be borne by the local agency.

          4)Requires the Controller to refer a case to the California 
            Board of Accountancy if the Controller finds through a quality 
            control review of audit working papers of the audit report 
            made pursuant to the provisions of this bill that the audit 
            was conducted in a manner that constitutes unprofessional 
            conduct or there were multiple and repeated failures to 
            disclose noncompliant acts.

           FISCAL EFFECT  

          This bill will result in minor costs that are absorbable by the 
          Controller.








                                                                  AB 1345
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           COMMENTS  

           1)Purpose  .  According to the author's office, the current 
            statutory approach to protect taxpayers from waste, fraud and 
            abusive practices by local governments is not working as 
            illustrated by the Controller's Office audit findings in the 
            Cities of Bell and Montebello and the County of Modoc where 
            millions of state, federal, and local dollars were misspent 
            over several years.  Additionally, the author's office says 
            that the current oversight system of 58 counties, 482 cities, 
            and nearly 5,000 special districts lacks the authority and 
            resources to identify and investigate the types of issues that 
            were found in Bell and Modoc.

           2)Background  .  This bill is a result of the exposure of 
            unethical and illegal financial practices by numerous 
            officials in the City of Bell, which came to light in 2010.  
            The city's independent auditor failed to report abuses such as 
            excessive salaries, illegal loans and questionable fees.  In a 
            series of audits of Bell's finances, the Controller found that 
            the independent auditor failed to comply with 13 of 17 
            fieldwork auditing standards and also reported no significant 
            deficiencies in any of the city's funds. 

           3)Prior legislation  .   AB 229 (Lara) was similar to his bill, 
            but much broader in scope.  AB 229 was amended in the Senate 
            to deal with a different subject. 

           4)Support.   The State Controller's Office, the sponsor of the 
            bill, writes that this bill will help provide the independent 
            oversight needed to protect public funds and restore the 
            public's confidence in the fiscal integrity of our cities, 
            counties, and other local government agencies.  The 
            Controller's office believes that the provisions of the bill 
            will strengthen the independent audit process and provide a 
            safeguard to protect taxpayers from waste, fraud and abuse.



           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081 












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