Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3066

Introduced
2/16/23  

Caption

To eliminate contingency fee auditors

Note

As the bill moves forward, it is likely to stimulate debate regarding the balance between maintaining rigorous standards in auditing practices while ensuring that state agencies can effectively manage their auditing initiatives without compromising financial viability.

Impact

The legislation would have significant ramifications on how state agencies manage their audit and taxation processes. By prohibiting contingency fee agreements, it establishes a standard for transparency and accountability within government auditing practices. It will compel state agencies to ensure that auditors are paid a fixed rate and not influenced by the outcomes of their work, thereby potentially increasing public trust in the auditing process. This change might also result in alterations to budgeting as some state agencies may need to find new financing structures for audit services.

Summary

House Bill 3066 seeks to eliminate the use of contingency fee auditors by state agencies and constitutional officers in the Commonwealth of Massachusetts. The bill stipulates that the Department of Revenue, the state treasurer, and other designated state entities may not employ anyone compensated based on the amount of tax assessed or collected. This proposal aims to protect the integrity and independence of auditors by ensuring that they are not influenced by financial incentives tied to the results of their audits. Legislators believe that this move will prevent potential conflicts of interest and protect taxpayers from any abuses associated with performance-based compensation.

Contention

There are varying opinions surrounding this bill. Advocates argue that it fortifies auditor independence and curbs practices that could lead to inflated tax assessments or pressure auditors to produce favorable outcomes for the state. However, critics may assert that eliminating contingency fees could lead to challenges in attracting talented auditors, especially in a competitive labor market that often sees firms competing for contracts based on flexible payment arrangements. Additionally, there may be concerns about how such stringent regulations could affect the quality and efficiency of audit services provided.

Companion Bills

MA S1656

Similar To Resolve providing for an investigation and study by a special commission relative to the effects of the Windfall Elimination Provision and Government Pension Offset in Massachusetts

MA H1047

Similar To Relative to eliminating surcharges for vehicle inspection violations

MA H4675

Replaced by Study Order

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