Requires reporting of misappropriation of public funds received or expended by a quasi-public entity to the legislative auditor and the district attorney. (8/1/20)
Impact
The primary effect of SB 82 is to amend existing state laws governing the responsibilities of heads of government agencies regarding misappropriation of funds. With this bill, quasi-public entities—those that perform public purposes or are partially publically funded—will be more closely monitored, culminating in potential legal action if misappropriation is substantiated. This measure is expected to bolster public trust and transparency in how quasi-public entities operate and manage funds, especially those derived from public sources.
Summary
Senate Bill 82, introduced by Senator Mizell, aims to strengthen oversight and accountability concerning the misappropriation of public funds related to quasi-public entities. The bill mandates that any officer or board member with knowledge or reasonable cause to suspect misappropriation must notify both the legislative auditor and the district attorney of the parish where the entity is based. This legislative move seeks to provide a clearer framework for reporting and addressing misappropriation incidents to enhance the integrity of public financial management.
Sentiment
Supporters of the bill express that it serves a critical function in ensuring accountability and transparency within quasi-public entities, fundamentally protecting public assets from potential misuse. The sentiment is generally positive among those advocating for fiscal responsibility, citing the necessity of stringent measures for misappropriation reporting. However, some critics might highlight concerns regarding bureaucratic complexities and the potential for overreach, questioning whether the law could unnecessarily burden those entities already adhering to rigorous standards of financial oversight.
Contention
While the bill is designed to improve financial accountability, debates may arise regarding the scope of what constitutes 'reasonable cause' for reporting suspected misappropriation. The definition provided in the bill could lead to varying interpretations, raising concerns among quasi-public entities about the consequences of misreporting or overly cautious interpretations. Notable points of contention may include the potential implications for organizational operations and how these added responsibilities might affect staffing and resource allocation within quasi-public entities.
Provides relative to notification of the legislative auditor and district attorney of the misappropriation of certain public funds and restitution of audit costs. (8/1/14)
Requires certain quasi public and nongovernmental entities to submit information to the legislative auditor and be approved by the Joint Legislative Committee on the Budget prior to receiving state monies or assistance
Requires certain quasi public and nongovernmental entities to submit information to the legislative auditor and be approved by the Joint Legislative Committee on the Budget prior to receiving state monies or assistance (RE +$135,000 GF EX See Note)
Relative to the legislative auditor, requires the auditor to provide for certain notifications of noncompliant auditees and requires auditees to designate an individual to file reports with the auditor and notify the auditor
Provides for activities of certain entities or organizations involved in extracurricular student athletic activities which receive more than fifty percent of funding from public schools. (8/1/20)
Requires schools receiving certain state scholarship funds to maintain funds in a separate account or use certain accounting procedures established for the legislative auditor. (8/1/14)
Provides relative to notification of the legislative auditor and district attorney of the misappropriation of certain public funds and restitution of audit costs. (8/1/14)
Requests the House and Senate governmental affairs committees to study methods to limit and recover mishandled, misused, and misappropriated public funds