BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 736
          AUTHOR:        Canella
          AMENDED:       March 21, 2011
          FISCAL COMM:   Yes            HEARING DATE:  April 13, 2011
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  California State University financial statement 
          and compliance
                    audits.
          
           SUMMARY  

          This bill deletes the requirement that the Trustees of the 
          California State University (CSU) 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 (GAPP) and include specified campus-level 
          information.  

           BACKGROUND  

          Current law authorizes the CSU, in conjunction with the 
          Controller's office, to establish a system to draw from 
          funds appropriated to the university to make direct payment 
          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 Finance.

          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 




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               statutorily (Government Code �13405) 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. (Government Code 
          �12440.1)

          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 Finance, and to the 
          State Library where they must be available for public 
          inspection.
          (Government Code �13405)

           ANALYSIS
           
           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 accounting principles (GAAP).

          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 that any additional information necessary be 
               provided upon request, to the extent available. 
           
          STAFF COMMENTS  

           1)   Need for the bill  . Current law requires the CSU to 




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               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, the 
               campus audits, with few exceptions, contain the same 
               information as the annual systemwide audits and cost 
               the CSU system $2 million every year.  

           2)   History  . Current law, authorizing a direct vendor 
               payment system was established by AB 2613 (Chapter, 
               Statutes of1996).  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 (Chapter 169, 
               Statutes of 2001). 

           3)   Generally accepted accounting principles (GAAP)  .  This 
               bill specifically authorizes the preparation of 
               financial statements according to GAAP 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, GAAP is established primarily by the 
               GASB, while the FASAB serves as the main 
               standard-setting body for the federal government. 
                
            4)   Is the detailed campus information necessary  ? Staff 
               notes that, 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 




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               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). However, 
               staff notes that these reports are lengthy individual 
               reports for organizations as varied as associated 
               students groups and research foundations, and that 
               they do not provide the easily accessible summary 
               information contained in the campus financial 
               statement notes.  It is unclear what other 
               campus-based information may be lost by the 
               elimination of the individual campus financial 
               statement and compliance audits. 

               The bill currently requires an addendum to the 
               systemwide audit to include specified campus 
               information. Staff recommends the bill be amended on 
               Page 2, line 28 to add, "In addition, summary 
               information on transactions with auxiliaries for each 
               campus shall also be included in the addendum" and to 
               delete "to the extent available" on line 29 in order 
               to ensure that the Controller and Director of Finance 
               maintain access to any information necessary for their 
               oversight functions.  
           
          5)   Similar legislation  .  AB 450 (Wieckowski) 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.  AB 450 is currently scheduled to 
               be heard by the Assembly Higher Education Committee on 
               April 12, 2011.

           SUPPORT  

          California State University

           OPPOSITION

           None received. 





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