Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB895 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 895 By: Rosino of the Senate
29+SENATE FLOOR VERSION
30+March 3, 2021
31+
32+
33+COMMITTEE SUBSTITUTE
34+FOR
35+SENATE BILL NO. 895 By: Rosino of the Senate
3036
3137 and
3238
3339 Kannady of the House
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3845 An Act relating to state audits; amending Sec tion 74
3946 O.S. 2011, Section 212, as last amended by Section 1,
4047 Chapter 187, O.S.L. 2014 (74 O.S. Supp. 2020, Section
4148 212), which relates to the duti es and powers of the
4249 State Auditor and Inspector ; allowing state agencies
4350 to choose public audit; providing that the state
4451 agency director has sole discretion to utilize a
4552 public audit and to request cost estimate from the
4653 State Auditor and Inspector ; requiring submission of
4754 acquisition and contract to State Purchasing Director
4855 for review; requiring certain notification upon
4956 decision; relieving State Auditor and Inspector of
5057 statutory duties upon noti fication; requiring
5158 agencies utilizing a public audit to submit
5259 information to Office of Management and Enterprise
5360 Services and State Auditor and Inspector for
5461 statewide audit; requiring information to be
5562 submitted to OMES by certain date; modifying
5663 definition; amending 74 O.S. 2011, Section 212A, as
5764 amended by Section 8 43, Chapter 304, O.S.L. 2012 (74
5865 O.S. Supp. 2020, Section 212A) , which relates to
5966 audits of governmental entities; adding provision for
6067 state agencies; and providing an effective date.
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6673 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67-SECTION 1. AMENDATORY 74 O.S. 2011, Section 212, as last
68-amended by Section 1, Chapter 1 87, O.S.L. 2014 (74 O.S. Supp. 2020,
69-Section 212), is amended to read as follows:
70-Section 212. A. STATE TREASURER AND OKLAHOMA TAX COMMISSION
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101+SECTION 1. AMENDATORY 74 O.S. 2011, Section 212, as last
102+amended by Section 1, Chapter 1 87, O.S.L. 2014 (74 O.S. Supp. 2020,
103+Section 212), is amended to read as follows:
104+Section 212. A. STATE TREASURER AND OKLAHOMA TAX COMMISSION
97105 1. The State Treasurer and the Oklahoma Tax Commission shall
98106 prepare annual financial statements in accordance with the reporting
99107 requirements set forth by the Governmental Accounting Standards
100108 Board (GASB). The State Treasurer and the Tax Commission shall
101109 prescribe and implement sound internal control, accounting and
102110 recordkeeping practices consistent with and to facilitate compliance
103111 with all reporting requir ements as set forth by law.
104112 2. The annual financial statements of the State Treasurer and
105113 the Tax Commission shall be delivered by the State Treasurer and the
106114 Tax Commission to the State Auditor and Inspector within ninety (90)
107115 calendar days after the clo se of the state fiscal year.
108116 3. The State Auditor and Inspector shall perform an audit of
109117 the annual financial statements of the State Treasurer and the Tax
110118 Commission for each state fiscal year. Such audits shall be
111119 conducted in accordance with auditing standards generally accepted
112120 in the United States and the standards applicable to financial
113121 audits contained in Government Auditing Standards, latest revised
114122 edition, issued by the Comptroller Ge neral of the United States.
115123 The State Auditor and Inspector shall complete the audits not later
116124 than ninety (90) calendar days after the financial statements are
117-delivered to the State Auditor and Inspector. The annual aud it
118-reports and related financial statements shall be delivered by the
119-State Auditor and Insp ector to the Governor, President Pro Tempore
120-of the Senate, and Speaker of the House of Representa tives. The
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152+delivered to the State Auditor and Inspector. The annual aud it
153+reports and related financial statements shall be delivered by the
154+State Auditor and Insp ector to the Governor, President Pro Tempore
155+of the Senate, and Speaker of the House of Representa tives. The
147156 annual audit report and related financial statements o f the State
148157 Treasurer shall also be delivered to the Attorney General and the
149158 members of the Cash Management and Investment Oversight Commi ssion
150159 created by Section 71.1 of Title 62 of the Ok lahoma Statutes. The
151160 annual audit report and related financial st atements of the Tax
152161 Commission shall also be delivered to the Director of the Office of
153162 Management and Enterprise Services and the Legislat ive Service
154163 Bureau. The State Auditor and Inspecto r shall conduct unannounced
155164 cash audits of the State Treasury at l east once each quarter.
156165 4. The audit of the Tax Commission shall be continuous in
157166 nature. The Tax Commission shall furnish the necessary office space
158167 for the employees of the State Auditor and Inspector making the
159168 audit and, to the extent of the amount i ncluded in the Tax
160169 Commission’s appropriation therefor, the Tax Commission shall pay
161170 the expenses of the audits, including personal service s, equipment
162171 and supplies, from the appropriation.
163172 B. STATE AGENCIES
164173 1. Except as otherwise provided by law , the State Auditor and
165174 Inspector shall audit at least once every two (2) fiscal years the
166175 books and accounts of all state agencies whose duty it i s to
167-collect, disburse or manage funds of the state . The State Auditor
168-and Inspector shall audit a state agency each fiscal year if that
169-state agency is required to be audited on an annual basis pursuant
170-to the federal Single Audit Act of 1984, as amended, 31 U.S.C.,
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203+collect, disburse or manage funds of the state . The State Auditor
204+and Inspector shall audit a state agency each fiscal year if that
205+state agency is required to be audited on an annual basis pursuant
206+to the federal Single Audit Act of 1984, as amended, 31 U.S.C.,
197207 Section 7501 et seq. If the state age ncy is audited only once every
198208 two (2) fiscal years, the audit sha ll cover both fiscal years.
199209 2. Except as otherwise provided by law, the scope of audits
200210 performed by the State Auditor and Inspector shall include all funds
201211 collected, disbursed, or managed by a state agency including, but
202212 not limited to, all special, rev olving, depository, canteen, or
203213 other nonstate funds.
204214 3. State agencies may choose to have the required audit
205215 performed by a public accountant or certified public accountant
206216 registered to do business with this state. Use of a public
207217 accountant or certifi ed public accountant shall follow the
208218 procedures and standards established for government en tities in
209219 Section 212A of this title.
210-4. The decision to procure the services of a public accountant
211-or certified public accountant instead of the State Auditor and
212-Inspector shall be at the discretion of the agency di rector. The
213-agency director may request a cost estimate from the State Auditor
214-and Inspector to assist him or her in deciding which entity shal l
220+4. The decision to utilize a public accountant or certifi ed
221+public accountant instead of the State Auditor and Inspector shal l
222+be at the sole discretion of the agency di rector. The agency
223+director may request a cost estimate from the State Auditor and
224+Inspector to assist him or her in deciding which entity shal l
215225 perform the audit. Prior to an agency making an award of a contra ct
216226 for audit services, the acquisition docum entation and proposed
217-contract shall be reviewed and approved by the State Purchasing
218-Director.
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254+contract shall be reviewed and approved by the State Purchasing
255+Director.
245256 5. The agency director shall notify the State Au ditor and
246257 Inspector if he or she chooses to have the agency ’s audit performed
247258 by a public accountant or certifi ed public accountant.
248259 6. Upon notification by a state agency to use a public
249260 accountant or certified public accountant, the State Auditor and
250261 Inspector is relieved of his or her statutory duty to perform that
251262 audit.
252263 7. If a public accountant or certified public accountant is
253264 chosen to perform an agenc y audit, state agencies shall still
254265 provide the information required by the Office of Management and
255266 Enterprise Services and the State Auditor and Inspector in order to
256267 prepare and audit the statewide Compreh ensive Annual Financial
257268 report and the statewide Single Audit.
258269 8. Any audit reports that are prepared by a public accountant
259270 or certified public accountant shall be finalized and submitted to
260271 the Office of Management and Enterprise Service by October 15 for
261272 preparation and final review of the Comprehen sive Annual Financial
262273 Report.
263274 3. 9. As used in this section, “state agency” means every
264275 agency, board, or commission included in the primary gove rnment of
265276 the State of Oklahoma. For purpos es of this paragraph, the primary
266277 government of the State of Oklahoma includes all agencies, boards,
267-and commissions included in the primary government in the State of
268-Oklahoma Comprehensive Annual Financial Repo rt. The agencies,
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305+and commissions included in the primary gov ernment in the State of
306+Oklahoma Comprehensive Annual Financial Repo rt. The agencies,
295307 boards, and commissions included in the primary government of the
296308 State of Oklahoma shall be determined using criteria set by the
297309 Governmental Accounting Standards Board .
298310 4. 10. As used in this subsection, “audit” means any of the
299311 following:
300312 a. “financial audit”, which means an audit of financial
301313 statements in order to express an opinion o n the
302314 fairness with which they are presented in conformity
303315 with generally accepted a ccounting principles or any
304316 other comprehensive basis of accounting, as defined by
305317 the American Institute of Cer tified Public
306318 Accountants’ Professional Standards, latest re vised
307319 edition. Financial audits must be conducted in
308320 accordance with auditing stand ards generally accepted
309321 in the United States and the standards appli cable to
310322 financial audits contained in Gover nment Auditing
311323 Standards, latest revised edition, issued by the
312324 Comptroller General of the United States,
313325 b. “operational audit”, which means an audit conducted in
314326 accordance with applicable Government Auditing
315327 Standards, the purpose of which is to evaluat e
316328 management’s performance in administering assigned
317-responsibilities in accordance with applicable laws,
318-administrative rules, and other policies and
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356+responsibilities in accordance with applicable laws,
357+administrative rules , and other policies and
345358 guidelines and to determine the extent to which the
346359 internal control, as designed and placed in operation ,
347360 promotes and encourages the achievement of
348361 management’s control objectives in the categories of
349362 compliance, reliability of financial records a nd
350363 reports, and safeguarding of assets,
351364 c. “performance audit”, which means an audit of a
352365 program, activity, or function of a state agency
353366 conducted in accordance with appl icable Government
354367 Auditing Standards. The term includes, but is not
355368 limited to, an audit to assess program, activity, or
356369 function effectiveness, econom y and efficiency,
357370 internal control, or compliance,
358371 d. “special or investigative audit”, which means an audit
359372 with respect to a particular situation which may be,
360373 but is not required to shall be, conducted in
361374 accordance with applicable Government Auditing
362375 Standards, and shall include a management response
363376 that is limited in length to the same number of pages
364377 as the special or investigative audit report, and
365378 e. any other type of engagement cond ucted in accordance
366379 with Government Auditing Standards.
367-C. GUBERNATORIAL REQUEST
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407+C. GUBERNATORIAL REQUEST
394408 Whenever called upon to do so by the Governor, it shall be the
395409 duty of the State Auditor and Inspector to examine the books and
396410 accounts of any officer of the state or any of the officer’s
397411 predecessors. The cost of the audit shall be borne by the entity to
398412 be audited.
399413 D. COUNTY TREASURER
400414 The State Auditor and Inspector shall examine without notice all
401415 books and accounts of each county treasurer of the state twice each
402416 year.
403417 E. DISTRICT ATTORNEYS
404418 1. The State Auditor and Inspector shall a nnually audit the
405419 books and accounts of the se veral offices of the district attorneys
406420 of this state. The audits shall be reported in separate reports for
407421 each entity. The audit may include , but shall not be limited to,
408422 the audit of the financial records, performance measures, and
409423 compliance with state or federal statutes and rules, and compliance
410424 with any regulations of state or federal programs. The expense of
411425 the audits shall be paid by the entity audited.
412426 2. The State Auditor and Inspector shall exam ine and file a
413427 report of the accounts establis hed within the office of each
414428 district attorney for bogus check programs, drug task force
415429 programs, child support collection programs , and any other programs
416430 receiving any nonstate funds. The reports shall be filed with the
417-President Pro Tempore of the Se nate, the Speaker of the House of
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458+President Pro Tempore of the Se nate, the Speaker of the House of
444459 Representatives, and the Executive Coordinator of the District
445460 Attorneys Council.
446461 F. DEPARTMENT OF CORRECTION S
447462 The State Auditor and Inspector shall perform an annual audit,
448463 as defined in paragraph 4 8 of subsection B of th is section, of the
449464 books and accounts of the Department of Corrections. The scope of
450465 the audit shall be determined by the State Auditor and Ins pector
451466 using a risk-based approach. The audit may include, but shall not
452467 be limited to, the audit of the financ ial records, performance
453468 measures, and compliance with a ny state or federal statutes and
454469 rules, and compliance with any regulations of state or federal
455470 programs. The expense of the audits shall be paid by th e Department
456471 of Corrections.
457472 G. OKLAHOMA EMPLOYEES INSURANCE AND BENEFITS BOARD
458473 The State Auditor and I nspector shall cause to be audited the
459474 books and accounts of the office of the Oklahoma Employees Insurance
460475 and Benefits Board. The audit may include, but shall not be limited
461476 to, the audit of the fi nancial records, performance measures,
462477 compliance with any state or federal statutes and rules, and
463478 compliance with any regulations of state pro grams. The audit shall
464479 be contracted out to private audit firms . The cost of the audit
465480 shall be borne by the O klahoma Employees Insurance and Benefits
466481 Board.
467-H. DISTRICT ATTORNEY REQUEST
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509+H. DISTRICT ATTORNEY REQUEST
494510 Whenever called upon to do so by any of the several district
495511 attorneys of the state, it shall be the duty of the State Auditor
496512 and Inspector to examine the books and accounts of any officer of
497513 any public entity. The cost of the audit shall be borne by the
498514 entity audited.
499515 I. COUNTY OFFICERS BY REQUEST
500516 Upon request of the county commissioners of any county or the
501517 Governor, the State Auditor and Inspector shall examine the books
502518 and accounts of all or any of the officers or custodians o f the
503519 various funds of the county; and payment for such examination shall
504520 be made by the county so examined.
505521 J. AUDITORS
506522 The State Auditor and Inspecto r shall have power to employ
507523 auditors. No auditor shall examine the books or records of the
508524 county of the auditor’s residence in counties of under two hundred
509525 thousand (200,000) population ac cording to the most recent Federal
510526 Decennial Census. The State Auditor and Inspector may employ on an
511527 as-needed basis only, legal counsel to carry out the statutory
512528 duties of the Office of the State Auditor and Inspector.
513529 K. EXAMINATION OF LEVIES
514530 It shall be the duty of the State Auditor and Inspector to
515531 examine all levies to raise public revenue to see that they are made
516532 according to law and constitutional provisions. The State Auditor
517-and Inspector shall have th e power to order all excessive or
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560+and Inspector shall have the power to order all excessive or
544561 erroneous lines (levies) to be corrected by the proper officers, and
545562 shall report any irregularities to the Governor, t he Speaker of the
546563 House of Representatives and the Presi dent Pro Tempore of the
547564 Senate.
548565 L. PETITION AUDITS
549566 1. The State Auditor and Inspector shall audit the books and
550567 records of any subdivision of the Stat e of Oklahoma upon petition
551568 signed by the requis ite number of voters registered in the
552569 subdivision and meeting the requirements set out in this subsection.
553570 2. The petition must contain the nu mber of signatures
554571 equivalent to ten percent (10%) of the regist ered voters of the
555572 subdivision as determined by the county election board or, if the
556573 county election board determines that the number of registered
557574 voters in the subdivision cannot be determin ed due to boundary lines
558575 not conforming to precinct lines, the r equired number of petitioners
559576 shall be twenty-five percent (25%) of the total number of persons
560577 voting in the last general election. If the subdivision is a public
561578 trust, the required number of petitioners shall be the same as those
562579 required for an audit of its beneficiary. The appropriate county
563580 election board shall provide the number of signatures so req uired
564581 upon request.
565582 3. The petition shall be in the form of an affidavit wherein
566583 the signatory shall declare upon oath or affirmation that the
567-information given is true and correct and that he or she is a
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611+information given is true and correct and that he or she is a
594612 citizen of the entity to be audited. The petition shall clearly
595613 state that falsely signing shall constitute perjury. It shall
596614 include the signature of the individual, the name of the signatory
597615 in printed form, the individual’s residential address, the date of
598616 signing, the public entity to be audited and the anticipated range
599617 of the cost of the audit provided by the State Auditor and
600618 Inspector.
601619 4. Any person desiring to petition for an audit shall list the
602620 areas, items or concerns they want to be au dited, and request from
603621 the State Auditor and Inspector the anticipated range of cost of the
604622 audit. Within thirty (30) days from the receipt of the request, the
605623 State Auditor and Inspector shall mail a petit ion form to the person
606624 requesting the informatio n which shall state the anticipated range
607625 of the cost and the items or concerns to be audited. The
608626 circulators of the petition shall have thirt y (30) days from the
609627 date the petition is mailed by the State Au ditor and Inspector to
610628 obtain the requisite numb er of signatures and return it to the State
611629 Auditor and Inspector.
612630 5. Upon collection of the required number of signatures, the
613631 person desiring the audit shall present the signed petitions to the
614632 State Auditor and Inspector. Within thirty (30) days of re ceipt of
615633 the petitions, the State Auditor and Inspector shall present the
616-petitions to the county elect ion board located in the county in
617-which the subdivision is located.
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661+petitions to the county election board located in the county in
662+which the subdivision is located.
644663 6. The county election board shall determine whether the
645664 signers of the petition ar e registered voters of the county in which
646665 the subdivision to be audited is located and whether the petition
647666 has the requisite number of signatu res of such registered voters.
648667 The county election board shall certify the petition as having the
649668 required number of signatures or as failing to have the required
650669 number of signatures and return it to the State Auditor and
651670 Inspector.
652671 7. The cost of the a udit shall be borne by the public entity
653672 audited. Upon notifica tion by the State Auditor and Inspector of
654673 receipt of the petition, certified by the county election boa rd as
655674 having the required number of signatures, the public entity shall
656675 encumber funds in an amount specified by the State Auditor and
657676 Inspector, which shall be within the range of anticipated cost
658677 stated on the petition from any funds not otherwise specif ically
659678 appropriated or allocated. Payment for the audit from such
660679 encumbered funds shal l be made as work progresses, and final payment
661680 shall be made on or before its publication.
662681 8. The names of the signers of any petition shall be
663682 confidential and neith er the State Auditor and Inspector, the county
664683 election board nor the county treasurer m ay release them to any
665-other person or entity except upon an ord er from a court of
666-competent jurisdiction.
667-M. PENALTIES FOR NONPAYMENT
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711+other person or entity except upon an ord er from a court of
712+competent jurisdiction.
713+M. PENALTIES FOR NONPAYMENT
694714 Except as otherwise provided by law, the cost of any services
695715 provided by the State Auditor and Inspector or as specifie d in an
696716 audit contract shall be borne by the entity or fund audi ted and
697717 shall be due and payable upon receipt of progress billing during the
698718 course of an audit. Any su ch costs not paid within ninety (90) days
699719 of the date of receipt of billing shall incur a penalty of Ten
700720 Dollars ($10.00) per day for each day from the date of receipt of
701721 billing.
702722 SECTION 2. AMENDATORY 74 O.S. 2011, Section 212A, as
703723 amended by Section 843, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
704724 2020, Section 212A), is amended to read as follows:
705725 Section 212A. A. 1. Except as otherwise provided by law, all
706726 government entities, as define d by the Governmental Accounting
707727 Standards Board, shall and, pursuant to the provisions of Section
708728 212 of this title, any state age ncy is authorized to have an audit
709729 conducted in accordance with auditing standards generally accepted
710730 in the United States of America and Government Auditing Standards.
711731 Copies of any audit, performance audit, agreed -upon-procedures
712732 report, or other attestation engagement report produced by a person
713733 other than the State Auditor shall be filed with the State Auditor
714734 and Inspector by that person. The expense of the audit shall be
715-paid by the government entity. For fi scal years ending after
716-December 31, 1995, all government entities receiving public funds
717-that are included in the reporting entity of the State of Oklahoma
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762+paid by the government entity. For fiscal years endin g after
763+December 31, 1995, all government entities receiving public funds
764+that are included in the reporting entity of the State of Oklahoma
744765 shall file a copy of the audit required by this para graph with the
745766 Director of the Office of Management and Enterpr ise Services no
746767 later than four (4) months after the end of the fiscal year of the
747768 government entity. For purposes of this paragraph, the reporting
748769 entity of the State of Oklahoma includes all government entities
749770 included in the State of Oklahoma Comprehe nsive Annual Financial
750771 Report. The government entities included in the State of Oklahoma
751772 reporting entity shall be determined by the Director of the Office
752773 of Management and Enterprise Service s using criteria set by the
753774 Governmental Accounting Standards B oard.
754775 2. Any public accountant or certified public accountant filing
755776 an audit, performance audit, agreed-upon-procedures report or other
756777 attestation engagement report with the State Auditor an d Inspector
757778 pursuant to this section shall be required to pay a filing fee of
758779 One Hundred Dollars ($100.00) for the purposes of processing such
759780 reports and ensuring compliance with the provisions of this section.
760781 Such payments shall be deposited in the St ate Auditor and Inspector
761782 Revolving Fund, created pursuant to S ection 227.9 of this titl e.
762783 B. All registrants, as defined in the Oklahoma Accountancy A ct,
763784 before entering into audit contracts required under this section,
764785 shall satisfy the Oklahoma Account ancy Board and the State Auditor
765-and Inspector that such registrant meets Government Aud iting
766-Standards and has a current permit to practice issued by t he
767-Oklahoma Accountancy Board.
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813+and Inspector that such regist rant meets Government Aud iting
814+Standards and has a current permit to practice issued by t he
815+Oklahoma Accountancy Board.
794816 The State Auditor and Inspecto r shall receive annual reports
795817 from the Oklahoma Accountancy Board of all registrants meeting the
796818 requirements of this subsection. The Oklahoma Accountancy Board
797819 shall provide changes and update s to the annual report to the State
798820 Auditor and Inspector upo n request.
799821 C. Schedules of federal awards expended will be in a form
800822 consistent with the guidance in the most recent audit guide f or
801823 state and local governments prepared by “The American Institu te of
802824 Certified Public Accountants”. State agencies or other pass-through
803825 grantors of federal awards ex pended will not place reporting
804826 requirements on a grantee or su brecipients in addition t o the
805827 required federal compliance reports and schedules of feder al awards
806828 expended, without approval of the State Auditor and Inspector.
807829 D. All governmental entities s hall report grant funds received,
808830 administered or used by the e ntity and all grant funds under the
809831 direct or indirect control of the governmental entity or any of its
810832 employees in their employment capacity. A cop y of the report shall
811833 be filed with the Sta te Auditor and Inspector and the Director of
812834 the Office of Management and Enterprise Ser vices within four (4)
813835 months after the end of the fiscal year of the governmental entity.
814836 The State Auditor and Inspector ma y audit any funds reported. The
815-cost of the audit shall be paid by the governmental entit y unless
816-the grant provides for the cost of audits from grant funds.
817-SECTION 3. This act shall become effective November 1, 2021.
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844-Passed the Senate the 9th day of March, 2021.
845-
846-
847-
848- Presiding Officer of the Senate
849-
850-
851-Passed the House of Repr esentatives the ____ day of __________,
852-2021.
853-
854-
855-
856- Presiding Officer of the House
857- of Representatives
858-
864+cost of the audit shall be paid by the governmental entity unless
865+the grant provides for the cost of audits from grant funds.
866+SECTION 3. This act shall become effective November 1, 2021.
867+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
868+March 3, 2021 - DO PASS AS AMENDED