SENATE BILL 141

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Cynthia Nava and Jimmie C. Hall

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO AUDITS; REMOVING THE REQUIREMENT THAT THE PUBLIC EDUCATION DEPARTMENT APPROVE SCHOOL DISTRICT AND CHARTER SCHOOL INDEPENDENT AUDITORS.

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

     SECTION 1. Section 12-6-14 NMSA 1978 (being Laws 1969, Chapter 68, Section 14, as amended) is amended to read:

     "12-6-14. CONTRACT AUDITS.--

          A. The state auditor shall notify each agency designated for audit by an independent auditor, and the agency shall enter into a contract with an independent auditor of its choice in accordance with procedures prescribed by rules of the state auditor; provided, however, that an agency subject to oversight by [the state department of public education or] the [commission on] higher education department shall receive approval from [its oversight agency] the department prior to submitting a recommendation for an independent auditor of its choice. The state auditor may select the auditor for an agency that has not submitted a recommendation within sixty days of notification by the state auditor to contract for the year being audited, and the agency being audited shall pay the cost of the audit. Each contract for auditing entered into between an agency and an independent auditor shall be approved in writing by the state auditor. Payment of public funds may not be made to an independent auditor unless a contract is entered into and approved as provided in this section.

          B. The state auditor or personnel of [his] the state auditor's office designated by [him] the state auditor shall examine all reports of audits of agencies made pursuant to contract. Based upon demonstration of work in progress, the state auditor may authorize progress payments to the independent auditor by the agency being audited under contract. Final payment for services rendered by an independent auditor shall not be made until a determination and written finding that the audit has been made in a competent manner in accordance with the provisions of the contract and applicable rules by the state auditor."

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