RELATING TO GOVERNMENT ACCOUNTABILITY; CREATING THE STATE COMPTROLLER AND OFFICE; PROVIDING POWERS AND DUTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. STATE COMPTROLLER--OFFICE--CREATED--PERSONNEL.--

A. The "office of the state comptroller" is created as an adjunct agency as provided in the Executive Reorganization Act. The office shall be headed by the "state comptroller", who shall be appointed by the governor and confirmed by the senate.

B. The state comptroller shall be a certified public accountant with audit and government experience. He shall be appointed without regard to party affiliation and solely on the basis of ability to perform the duties of his office. The state comptroller shall serve for six years, and may be reappointed for succeeding six-year terms. He shall be removed only for cause.

C. The state comptroller may employ such professional and clerical assistants as he deems necessary. All employees shall be employed without regard to party affiliation and solely on the basis of their abilities to perform the duties of the office. The office shall perform its duties in a nonpartisan manner. The Personnel Act applies to employees of the office of state comptroller except those employees exempt under the provisions of Section 10-9-4 NMSA 1978.

Section 2. STATE COMPTROLLER--DUTIES.--The state comptroller shall:

A. oversee the executive branch's implementation of the Accountability in Government Act;

B. oversee the statutory oversight duties of the state budget division, financial control division, local government division and the contract review bureau of the administrative services division of the department of finance and administration; the state personnel office; the state department of public education; and the commission on higher education to ensure that statutory requirements are being met and statutory duties are being performed;

C. receive periodic reports from state agency inspectors general and internal auditors;

D. work closely with the state auditor's office on external and special audits of state agencies;

E. as requested by legislative interim committees, gather state agency information and analyze and validate the information; provided, however, that the duty of the state comptroller shall not affect the duty of a state agency to provide information in a timely manner upon request of an interim committee;

F. perform such other duties as may be assigned to him by the governor or the legislature or requested by a state agency; and

G. work closely with state agencies to resolve audit findings and review performance measures.

Section 3. INSPECTOR GENERAL AND INTERNAL AUDITOR REPORTS--AUDITS AND INVESTIGATIONS.--Inspectors general and internal auditors of state agencies shall report to the state comptroller periodically and as requested. The state comptroller may request special audits or investigations by inspectors general, internal auditors, the state auditor, the attorney general's office or the state police or may contract for special audits or investigations.

HB 26

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