Req. No. 974 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 342 By: Rogers AS INTRODUCED An Act relating to state government; amending 7 4 O.S. 2021, Section 213, which relates to the state auditor and inspector; allowing for certain state legislators to request a certain audit; providing for codification; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 74 O .S. 2021, Section 213, is amended to read as follows: Section 213. A. It shall be the duty of the State Auditor and Inspector, or designee, to examine and report upo n the books and financial accounts of the public, education al, charitable, penal and reformatory institutions be longing to the state; to prescribe and enforce correct methods of keeping financial accounts of the state institutions and instruct the proper o fficers thereof in the performance of their duties concerni ng the same; to examine the books and accounts of all public institutions under the control of the state at least once each year. Any officer of such public, educational, charitable, penal and ref ormatory institutions who Req. No. 974 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall refuse or willfully neglect to comply with such direction of the State Auditor and Inspector within a reasonable time shall be guilty of a misdemeanor. B. Each board of regents of institutions in The Oklahoma State System of Higher Education shall require a quality control review o f the internal audit function required pursuant to su bsection D of Section 3909 of Title 70 of the Oklahoma Statutes f or each institution under its governance at least once every three (3) years. This review shall be in accordance with the “Quality Assurance Review Manual for Internal Auditing ” developed by the Institute of Internal Auditors or any successor organization thereto. A copy of the report on the quality control review shall be filed with the State Auditor and Inspector. C. 1. The State Auditor and Inspector shall perform a special audit on elementary, independent, and technology center school districts upon receiving a written request to do so by any of the following: the Governor, At torney General, President Pro Tempore of the Senate, Speaker of the House of Representatives, State Board of Education, or the elementary, independent, or technology center school district board of education. 2. The State Auditor and Inspector shall perfo rm a special audit on any institution of higher education w ithin The Oklahoma State System of Higher Education w henever the State Auditor and Inspector deems it appropriate or u pon receiving a written request Req. No. 974 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to do so by any of the following: the Governor , the Attorney General, the President Pro Tempore of the Se nate, the Speaker of the House of Representatives, any elected member of the Legislature, the governing board of the i nstitution of higher education, or the president of the institution of higher education. 3. The special audit shall include, but not nece ssarily be limited to, a compliance audit. Suc h audits shall be designed to review items for management ’s compliance with statutes, rules, policies and internal control procedures or othe r items applicable to each entity. The costs of any such audit shal l be borne by the audited entity and may be def rayed, in whole or in part, by any federal funds available for that pur pose. D. In addition to any special audit conducted by the State Auditor and Inspector as provided for in subsection C of this section, the State Auditor and Inspector shall, contingen t upon the availability of funding, perform a special audit, without no tice, on not more than four common school districts each year. The sp ecial audit shall be in a form as determined by the State Auditor an d Inspector. E. The State Auditor and Inspecto r shall perform a special audit without notice on the office of any dis trict attorney or on any division of the Department of Corrections upo n receiving a written request to do so by any of the following: the Governor, the Attorney General, or joint reque st of the President Pro Tempore of Req. No. 974 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Senate and the Speaker of the Ho use of Representatives. The State Auditor and Inspector shall perform a special audit without notice on any penal institution, correction s program, contract for service or prison bed s pace provided to the Department of Corrections, or any program administ ered by a district attorney ’s office or staff of such office whenever the State Auditor and Inspector deems it appropriate or upon receivi ng a written request to do so by any of the fol lowing: the Governor, the Attorney General, or joint request of the Pr esident Pro Tempore of the Senate and the Speaker of the House of Repr esentatives. The special audit shall include, but not necessarily b e limited to, a compliance audit. Such audits shall be designed to review items for compliance with statutes, rules, policies and internal control procedures or other items applicable to each entity. The costs of any such audit shall be paid by the state agency and may be defrayed, in whole or in part, by any federal funds available for that purpose through any audited program. SECTION 2. This act shall become effective November 1, 2023. 59-1-974 KR 1/13/2023 3:23:56 PM