Bill Text: VA HB2077 | 2019 | Regular Session | Prefiled
Bill Title: Local audit; localities required to submit their annual local audit to Auditor of Public Accounts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-05 - Left in Counties, Cities and Towns [HB2077 Detail]
Download: Virginia-2019-HB2077-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-2511 of the Code of Virginia is amended and reenacted as follows:
§15.2-2511. Audit of local government records, etc.; Auditor of Public Accounts; audit of shortages.
A. Localities shall have all their accounts and records,
including all accounts and records of their constitutional officers, audited
annually as of June 30 by an independent certified public accountant in
accordance with the specifications furnished by the Auditor of Public Accounts.
The certified public accountant shall present a detailed written report to the
local governing body at a public session by the following December 31. Every
locality shall contract for the performance of the annual audit not later than
April 1 of each fiscal year, and
such contract shall incorporate the provisions of this section relating to
audit specifications and report date. The report shall be (i)
submitted to the Auditor of Public Accounts, (ii) preserved
by the clerk of the local governing body, and shall be (iii) open
to public inspection at all times by any qualified voter. If the
audit is not completed as required by this section, the locality
shall promptly post a
statement on its website declaring that the
required audit is pending, the reasons for the delay, and the estimated date of
completion. Such statement shall also be
posted and made available to the public at the next scheduled meeting of the
local governing body. The statement shall continue to be posted and updated
until the audit is completed.
The accounts and records of any county or city officer listed in Article VII, Section 4 of the Constitution of Virginia, hereinafter referred to as "constitutional officers," shall be subject to the provisions of this section.
When the annual audit conducted pursuant to this subsection includes the clerk of the circuit court, the audit shall satisfy the requirement of an audit pursuant to §30-134.
In the event that a locality fails to obtain the annual audit prescribed by this subsection, the Auditor of Public Accounts may undertake the audit or may employ the services of certified public accountants and charge the full cost of such services to the locality. However, no part of the cost and expense of such audit shall be paid by any locality whose governing body has its accounts audited for the fiscal years in question as prescribed above and furnishes the Auditor of Public Accounts with a copy of such audit.
B. Except where otherwise authorized by statute, the Auditor
of Public Accounts shall audit the accounts of local governments and constitutional
officers only when (i) special circumstances require an audit, or (ii) there is suspected
fraud or inappropriate handling of funds which that may affect the financial
interests of the Commonwealth. However, the Auditor of Public Accounts shall
also audit the accounts of a local government at any other time upon a majority
vote of the local governing body, with all expenses of the audit to be borne by
the requesting locality. In all instances, such audits shall be carried out
with the approval of the Joint Legislative Audit and Review Commission.
Any shortage existing in the accounts of the locality or constitutional officer, as ascertained by the audit, shall be made public within 30 days after the shortage is discovered, and a brief statement thereof shall be sent by the Auditor of Public Accounts to the members and clerk of the local governing body and to the circuit court for the locality, and shall be filed in the clerk's office of such court.
C. The provisions of this section shall apply to all counties and cities, to all towns having a population of 3,500 or over, and to all towns constituting a separate school division regardless of their population.