LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6397 NOTE PREPARED: Dec 14, 2023 BILL NUMBER: SB 221 BILL AMENDED: SUBJECT: State Board of Accounts. FIRST AUTHOR: Sen. Bassler BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: Special Investigations Director Duties: This bill adds the Director of the Special Investigations Department of the State Board of Accounts (SBOA) to the definition of "criminal justice agency" for purposes of collecting criminal intelligence information. It limits the authority of the Director of the Special Investigations Department to investigations involving public monies that are the subject of financial examinations undertaken by the SBOA. Internal Audit/Risk Assessment Confidentiality: This bill provides that an internal audit or risk assessment conducted by or on behalf of the state shall remain confidential, and that the state and other individuals may not divulge information related to an internal audit or risk assessment unless required to do so in accordance with a judicial order. It provides an exception allowing the state and other individuals to divulge information related to an internal audit or risk assessment to: (1) the state examiner; (2) the director of the state’s Office of Management and Budget; (3) an external auditor, in accordance with professional auditing standards; or (4) any other individual for any reason that constitutes good cause as determined by the state examiner and approved by the director of the state’s Office of Management and Budget. Executive Sessions: This bill provides that if a majority of a governing body is present during an exit conference, or any conference initiated by the state examiner to discuss an examination status, the governing body shall be considered in an executive session. County Auditor Training: This bill requires an individual elected to the office of county auditor to annually certify completion of the individual's training requirements and file the certification with the SBOA. SB 221 1 Effective Date: July 1, 2024. Explanation of State Expenditures: Special Investigations Director Duties: The bill’s requirements may result in an increase of the administrative workload for the special investigations department, but limiting the Director’s role to investigations involving public monies is within the agency’s general administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Internal Audit/Risk Assessment Confidentiality: This provision should have no overall financial impact on the SBOA since it specifies the circumstances and to which applicable parties the results of an internal audit or risk assessment conducted by or on behalf of the state can be divulged. Executive Sessions: This provision should have no overall financial impact on the SBOA. County Auditor Training: The bill’s requirement of having the State Examiner prescribe the form and content of the training certifications for the county auditors and the SBOA collecting that information annually will result in an increased administrative workload for the agency, but the tasks are within the agency’s general administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Explanation of State Revenues: Explanation of Local Expenditures: Executive Sessions: This provision may potentially result in a minor decrease in local expenditures to the extent that local governing bodies would have had to publish a public notice for a non-exit conference related meeting pertaining to the local unit’s examination status. County Auditor Training: The bill’s requirement of having the county auditors submit their training certifications annually to the SBOA will result in a minor increase in the administrative workload for the county auditors. Explanation of Local Revenues: State Agencies Affected: State Board of Accounts; Office of Management and Budget. Local Agencies Affected: All units of local government subject to audit by SBOA; County auditors. Information Sources: Fiscal Analyst: James Johnson, 317-232-9869. SB 221 2