SLS 18RS-204 ORIGINAL 2018 Regular Session SENATE BILL NO. 307 BY SENATOR WARD LEGISLATIVE OVERSIGHT. Provides relative to annual certifications by internal auditors. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 17:3023(B), 3138.6, and 3351(I), R.S. 30:2011(C)(1)(a)(i), R.S. 3 36:8.2(A) and 238(B)(1), and R.S. 47:9009(B)(3), relative to internal auditing; to 4 provide that the chief audit executive shall annually certify conformity with audit 5 standards to the board, secretary, or corporation of the entity being audited, the 6 commissioner of administration, the Legislative Audit Advisory Council, and the 7 Joint Legislative Committee on the Budget; to provide that if the chief audit 8 executive identifies certain significant issues, those issues must be communicated to 9 the board, secretary, or corporation of the entity being audited, the commissioner of 10 administration, the Legislative Audit Advisory Council, and the Joint Legislative 11 Committee on the Budget; to provide for an effective date; and to provide for related 12 matters. 13 Be it enacted by the Legislature of Louisiana: 14 Section 1. R.S. 17:3023(B), 3138.6, and 3351(I) are hereby amended and reenacted 15 to read as follows: 16 §3023. Powers and duties 17 * * * Page 1 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL 1 B. In addition to any other powers and duties authorized by this Section, the 2 board shall establish an internal audit function and shall establish an office of the 3 chief audit executive who shall be responsible for ensuring that the internal audit 4 function adheres to the Institute of Internal Auditors, International Standards for the 5 Professional Practice of Internal Auditing. The chief audit executive shall maintain 6 organizational independence in accordance with these standards and shall have direct 7 and unrestricted access to the board. The chief audit executive shall annually certify 8 to the board, the commissioner of administration, the Legislative Audit Advisory 9 Council, and the Joint Legislative Committee on the Budget that the internal 10 audit function conforms to the Institute of Internal Auditors, International Standards 11 for the Professional Practice of Internal Auditing. If the chief audit executive 12 identifies significant issues with governance, risk management, or control, those 13 issues must be communicated to the board, the commissioner of administration, 14 the Legislative Audit Advisory Council, and the Joint Legislative Committee on 15 the Budget. 16 * * * 17 §3138.6. Internal auditing function of the Board of Regents 18 In addition to any other powers and duties authorized for the Board of 19 Regents by this Chapter, the board shall establish an internal audit function and shall 20 establish an office of the chief audit executive who shall be responsible for ensuring 21 that the internal audit function adheres to the Institute of Internal Auditors, 22 International Standards for the Professional Practice of Internal Auditing. The chief 23 audit executive shall maintain organizational independence in accordance with these 24 standards and shall have direct and unrestricted access to the board. The chief audit 25 executive shall annually certify to the board, the commissioner of administration, 26 the Legislative Audit Advisory Council, and the Joint Legislative Committee on 27 the Budget that the internal audit function conforms to the Institute of Internal 28 Auditors, International Standards for the Professional Practice of Internal Auditing. 29 If the chief audit executive identifies significant issues with governance, risk Page 2 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL 1 management, or control, those issues must be communicated to the board, the 2 commissioner of administration, the Legislative Audit Advisory Council, and 3 the Joint Legislative Committee on the Budget. 4 * * * 5 §3351. General powers, duties, and functions of postsecondary education 6 management boards 7 * * * 8 I. In addition to any other powers and duties authorized by this Section, any 9 board with an appropriation in the general appropriation bill of thirty million dollars 10 or more shall establish an internal audit function and shall establish an office of the 11 chief audit executive who shall be responsible for ensuring that the internal audit 12 function adheres to the Institute of Internal Auditors, International Standards for the 13 Professional Practice of Internal Auditing. The chief audit executive shall maintain 14 organizational independence in accordance with these standards and shall have direct 15 and unrestricted access to the management board. The chief audit executive shall 16 annually certify to the management board, the commissioner of administration, the 17 Legislative Audit Advisory Council, and the Joint Legislative Committee on the 18 Budget that the internal audit function conforms to the Institute of Internal Auditors, 19 International Standards for the Professional Practice of Internal Auditing. If the 20 chief audit executive identifies significant issues with governance, risk 21 management, or control, those issues must be communicated to the board, the 22 commissioner of administration, the Legislative Audit Advisory Council, and 23 the Joint Legislative Committee on the Budget. 24 * * * 25 Section 2. R.S. 30:2011(C)(1)(a)(i) is hereby amended and reenacted to read as 26 follows: 27 §2011. Department of Environmental Quality created; duties; powers; structure 28 * * * 29 C.(1) * * * Page 3 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL 1 (a)(i) The executive office of the secretary shall provide for the general 2 oversight and supervision of the department in addition to providing internal audits, 3 technical advisors, and communications. The secretary shall establish an internal 4 audit function and shall establish an office of the chief audit executive who shall 5 be responsible for ensuring that the internal audit function adheres to the 6 Institute of Internal Auditors, International Standards for the Professional 7 Practice of Internal Auditing. The chief audit executive shall maintain 8 organizational independence in accordance with these standards and shall have 9 direct and unrestricted access to the secretary. The chief audit executive shall 10 annually certify to the secretary, the commissioner of administration, the 11 Legislative Audit Advisory Council, and the Joint Legislative Committee on the 12 Budget that the internal audit function conforms to the Institute of Internal 13 Auditors, International Standards for the Professional Practice of Internal 14 Auditing. If the chief audit executive identifies significant issues with 15 governance, risk management, or control, those issues must be communicated 16 to the secretary, the commissioner of administration, the Legislative Audit 17 Advisory Council, and the Joint Legislative Committee on the Budget. 18 * * * 19 Section 3. R.S. 36:8.2(A) and 238(B)(1) are hereby amended and reenacted to read 20 as follows: 21 §8.2. Internal auditing function 22 A. The secretary of a department that includes an agency that has an 23 appropriation in the general appropriation bill or the ancillary appropriation bill of 24 thirty million dollars or more shall establish an internal audit function and shall 25 establish an office of the chief audit executive who shall be responsible for ensuring 26 that the internal audit function adheres to the Institute of Internal Auditors, 27 International Standards for the Professional Practice of Internal Auditing. The chief 28 audit executive shall maintain organizational independence in accordance with these 29 standards and shall have direct and unrestricted access to the secretary. The chief Page 4 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL 1 audit executive shall annually certify to the secretary, the commissioner of 2 administration, the Legislative Audit Advisory Council, and the Joint 3 Legislative Committee on the Budget that the internal audit function conforms to 4 the Institute of Internal Auditors, International Standards for the Professional 5 Practice of Internal Auditing. If the chief audit executive identifies significant 6 issues with governance, risk management, or control, those issues must be 7 communicated to the board, the commissioner of administration, the Legislative 8 Audit Advisory Council, and the Joint Legislative Committee on the Budget. 9 * * * 10 §238. Offices; purposes and functions 11 * * * 12 B.(1) The executive office of the secretary shall provide for the general 13 oversight and supervision of the department in addition to providing internal audits, 14 technical advisory support, and communications. The secretary shall establish an 15 internal audit function and shall establish an office of the chief audit executive 16 who shall be responsible for ensuring that the internal audit function adheres 17 to the Institute of Internal Auditors, International Standards for the 18 Professional Practice of Internal Auditing. The chief audit executive shall 19 maintain organizational independence in accordance with these standards and 20 shall have direct and unrestricted access to the secretary. The chief audit 21 executive shall annually certify to the secretary, the commissioner of 22 administration, the Legislative Audit Advisory Council, and the Joint 23 Legislative Committee on the Budget that the internal audit function conforms 24 to the Institute of Internal Auditors, International Standards for the 25 Professional Practice of Internal Auditing. If the chief audit executive identifies 26 significant issues with governance, risk management, or control, those issues 27 must be communicated to the secretary, the commissioner of administration, the 28 Legislative Audit Advisory Council, and the Joint Legislative Committee on the 29 Budget. Page 5 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL 1 * * * 2 Section 4. R.S. 47:9009(B)(3) is hereby amended and reenacted to read as follows: 3 §9009. Conduct and administration of lottery games; powers and duties of 4 corporation; authorized contracts 5 * * * 6 B. The corporation shall: 7 * * * 8 (3) Adopt by administrative regulation a system of continuous internal 9 audits. The corporation shall establish an internal audit function and shall 10 establish an office of the chief audit executive who shall be responsible for 11 ensuring that the internal audit function adheres to the Institute of Internal 12 Auditors, International Standards for the Professional Practice of Internal 13 Auditing. The chief audit executive shall maintain organizational independence 14 in accordance with these standards and shall have direct and unrestricted access 15 to the corporation. The chief audit executive shall annually certify to the 16 corporation, the commissioner of administration, the Legislative Audit Advisory 17 Council, and the Joint Legislative Committee on the Budget that the internal 18 audit function conforms to the Institute of Internal Auditors, International 19 Standards for the Professional Practice of Internal Auditing. If the chief audit 20 executive identifies significant issues with governance, risk management, or 21 control, those issues must be communicated to the corporation, the 22 commissioner of administration, the Legislative Audit Advisory Council, and 23 the Joint Legislative Committee on the Budget. 24 * * * 25 Section 5. This Act shall become effective upon signature by the governor or, if not 26 signed by the governor, upon expiration of the time for bills to become law without signature 27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 28 vetoed by the governor and subsequently approved by the legislature, this Act shall become 29 effective on the day following such approval. Page 6 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 18RS-204 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Martha S. Hess. DIGEST SB 307 Original 2018 Regular Session Ward Present law provides that the Board of Regents, each postsecondary system management board, and any state department that includes an agency that has an appropriation in the general appropriation bill or the ancillary appropriation bill of $30,000,000 or more shall establish an internal audit function and an office of the chief audit executive who shall be responsible for ensuring that the internal audit function adheres to the Institute of Internal Auditors, International Standards for the Professional Practice of Internal Auditing (audit standards). The chief audit executive is to maintain organizational independence in accordance with these audit standards and have direct and unrestricted access to the secretary. Proposed law retains present law. Present law further provides that the secretary of the Department of Environmental Quality shall provide for the general oversight and supervision of the department in addition to providing internal audits, technical advisors, and communications. Proposed law retains present law and further provides that the secretary shall establish an internal audit function and an office of the chief audit executive who shall be responsible for ensuring that the internal audit function adheres to the audit standards. The chief audit executive is to maintain organizational independence in accordance with these audit standards and have direct and unrestricted access to the secretary. Present law provides that the Louisiana Lottery Corporation shall adopt by administrative regulation a system of continuous internal audits. Proposed law retains present law and further provides that the corporation shall establish an internal audit function and an office of the chief audit executive who shall be responsible for ensuring that the internal audit function adheres to the audit standards. The chief audit executive is to maintain organizational independence in accordance with these audit standards and have direct and unrestricted access to the corporation. Present law provides that the chief audit executive shall annually certify to the board or the secretary that the internal audit function conforms to the audit standards. Proposed law retains present law but further provides that the chief audit executive shall also certify that the audit standards have been met to the commissioner of administration, the Legislative Audit Advisory Council, and the Joint Legislative Committee on the Budget. Proposed law further provides that if the chief audit executive identifies significant issues with governance, risk management, or control, those issues must be communicated to the secretary, corporation, or board, the commissioner of administration, the Legislative Audit Advisory Council, and the Joint Legislative Committee on the Budget. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 17:3023(B), 3138.6, and 3351(I), R.S. 30:2011(C)(1)(a)(i), R.S. 36:8.2(A) and 238(B)(1), and R.S. 47:9009(B)(3)) Page 7 of 7 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.