HLS 15RS-761 ORIGINAL 2015 Regular Session HOUSE BILL NO. 123 BY REPRESENTATIVE THIBAUT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. AUDITS/AUDITING: Provides relative to the threshold for certain audit requirements 1 AN ACT 2To amend and reenact R.S. 24:513(J)(1)(c)(introductory paragraph) and (i)(aa) and (bb), (ii), 3 and (v)(aa) and (3), relative to audits; to provide relative to the threshold amount for 4 certain audit requirements; and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 24:513(J)(1)(c)(i)(introductory paragraph) and (aa) and (bb), (ii), and 7(v)(aa) and (3) are hereby amended and reenacted to read as follows: 8 ยง513. Powers and duties of legislative auditor; audit reports as public records; 9 assistance and opinions of attorney general; frequency of audits; subpoena 10 power 11 * * * 12 J.(1) The audits enumerated in Subsection A of this Section shall be 13 conducted frequently enough to control and safeguard the assets of the auditee as 14 follows: 15 * * * 16 (c) The financial statements of local auditees, as defined in Paragraph 17 A(3)(A)(3) of this Section, shall be audited as follows: 18 (i)(aa) Any local auditee that receives fifty one hundred thousand dollars or 19 less in revenues and other sources in any one fiscal year shall not be required to have 20 an audit, but must file a certification with the legislative auditor indicating that it Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-761 ORIGINAL HB NO. 123 1 received fifty one hundred thousand dollars or less in funds for the fiscal year. 2 Monies received from urban or rural development grants shall not be used in fiscal 3 year computation of revenue amounts requiring an audit. The auditee shall annually 4 file with the legislative auditor sworn financial statements as required by R.S. 5 24:514. However, the legislative auditor, at his discretion, may require said local 6 auditee to have an audit of its books and accounts. 7 (bb) However, any volunteer fire department that receives fifty one hundred 8 thousand dollars or less in funds in any one fiscal year shall not be required to have 9 an audit, but shall file a certification with the legislative auditor signed by the 10 president of the volunteer fire department indicating that the department received 11 fifty one hundred thousand dollars or less for the fiscal year and shall annually file 12 with the legislative auditor sworn financial statements as required by R.S. 24:514. 13 The legislative auditor, at his discretion, may require any such volunteer fire 14 department to have an audit of its books and accounts. 15 * * * 16 (ii) Notwithstanding the provisions of R.S. 24:514, any local auditee that 17 receives more than fifty one hundred thousand dollars in revenues and other sources 18 in any one fiscal year, but less than two hundred thousand dollars, shall cause to be 19 conducted an annual compilation of its financial statements, with or without 20 footnotes, in accordance with the Louisiana Governmental Audit Guide. However, 21 the legislative auditor, at his discretion, may require said local auditee to have an 22 audit of its books and accounts. 23 * * * 24 (v)(aa) To provide enhanced additional oversight by the legislative auditor, 25 in any parish having a population of not less than two hundred twenty-five thousand 26 and not more than two hundred fifty thousand according to the latest federal decennial census, the legislative auditor shall establish the criteria for procedures27 28 which shall be performed in addition to annual reporting requirements required by Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-761 ORIGINAL HB NO. 123 1 this Section for entities with revenues of fifty more than one hundred thousand 2 dollars or more per fiscal year. 3 * * * 4 (3) Notwithstanding the provisions of Subparagraph (1)(d) of this 5 Subsection, any auditee contained described in Item (A)(1)(b)(v) of this Section shall 6 be audited in accordance with Subitem (1)(c)(i)(aa) of this Subsection when it has 7 received fifty one hundred thousand or less in public funds in any one fiscal year. 8 Any such auditee shall be audited in accordance with Item (1)(c)(ii) of this 9 Subsection when it has received more than fifty one hundred thousand dollars in 10 public funds in any one fiscal year. Any such auditee shall be audited in accordance 11 with Item (1)(c)(iii) of this Subsection when it has received three hundred fifty 12 thousand or more in public funds in any one fiscal year. Any such auditee shall be 13 audited in accordance with Item (1)(c)(iv) of this Subsection when it has received 14 three million five hundred thousand dollars or more in public funds. 15 * * * DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 123 Original 2015 Regular Session Thibaut Abstract: For local auditees and certain other auditees, changes the threshold between being required to file certification and an annual financial statement with the legislative auditor or being required to conduct an annual compilation of financial statements, with or without footnotes, from more than $50,000 to more than $100,000 in revenues and funds. Present law provides for the legislative auditor to compile financial statements and to examine, audit, or review the books of the state treasurer, all public boards, commissions, agencies, departments, political subdivisions of the state, public officials and employees, designated public retirement systems, municipalities, and all other public or quasi public agencies or bodies. For certain entities, authorizes filing of audits or other reports prepared by a licensed CPA or a specified certified statement. Also requires auditees to file sworn annual financial statements. Present law requires that any local auditee or volunteer fire department and certain other auditees that receive $50,000 or less in any one fiscal year shall not be required to have an audit, but the auditee must file a certification with the legislative auditor indicating that it received $50,000 or less in funds for the fiscal year, further provides that the auditee shall annually file with the legislative auditor sworn financial statements. Provides that the Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-761 ORIGINAL HB NO. 123 legislative auditor, at his discretion, may require the auditee to have an audit of its books and accounts. Proposed law changes the amount to $100,000 or less and otherwise maintains present law. Present law requires any local auditee and certain other auditees that receive more than $50,000 in any one fiscal year, but less than $200,000, to conduct an annual compilation of financial statements, with or without footnotes in accordance with the La. Governmental Audit Guide. Provides that the legislative auditor, at his discretion, may require the auditee to have an audit of its books and accounts. Proposed law changes the amount to more than $100,000 but less than $200,000 and otherwise maintains present law. (Amends R.S. 24:513(J)(1)(c)(intro. para.) and (i)(aa) and (bb), (ii), and (v)(aa) and (3)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.