Bill Text: NC S446 | 2013-2014 | Regular Session | Amended
Bill Title: Modify Internal Auditing Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-27 - Ref to Program Evaluation. If fav, re-ref to Judiciary II [S446 Detail]
Download: North_Carolina-2013-S446-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 446*
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Short Title: Modify Internal Auditing Statutes. |
(Public) |
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Sponsors: |
Senator Brock (Primary Sponsor). |
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Referred to: |
Program Evaluation. |
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March 27, 2013
A BILL TO BE ENTITLED
AN ACT to modify the internal auditing statutes applicable to Large state departments and the university system.
The General Assembly of North Carolina enacts:
SECTION 1. Article 79 of Chapter 143 of the General Statutes reads as rewritten:
"Article 79.
"Internal Auditing.
"§ 143‑745. Definitions; intent; applicability.
(a) For the purposes of this section:
(1) "Agency head" means the Governor, a
Council of State member, a cabinet secretary, the President of The University
of North Carolina, the President of the Community College System, the State
Controller, and other independent appointed officers with authority over a State
agency.and the Superintendent of Public Instruction.
(2) "State agency" means each department
created pursuant to Chapter 143A or 143B of the General Statutes, and
includes all institutions, boards, commissions, authorities, by whatever name,
that is a unit of the executive branch of State government, including The
University of North Carolina, and the Department of Public Instruction.Community
Colleges System Office. The term does not include a unit of local government.
(b) This Article applies only to a State agency that:
(1) Has an annual operating budget that exceeds ten million dollars ($10,000,000);
(2) Has more than 100 full‑time equivalent employees; or
(3) Receives and processes more than ten million dollars ($10,000,000) in cash in a fiscal year."
"§ 143‑746. Internal auditing required.
(a) Requirements. – A State agency shall establish a program of internal auditing that:
(1) Implements Promotes an effective
system of internal controls that safeguards public funds and assets and
minimizes incidences of fraud, waste, and abuse.
(2) Ensures Determines if programs and
business operations are administered in compliance with federal and state laws,
regulations, and other requirements.
(3) Reviews the effectiveness and efficiency of agency and program operations and service delivery.
(4) Periodically audits the agency's major systems and controls, including:
a. Accounting systems and controls.
b. Administrative systems and controls.
c. Electronic data processingInformation
technology systems and controls.
(b) Internal Audit Standards. – Internal audits shall comply with current Standards for the Professional Practice of Internal Auditing issued by the Institute for Internal Auditors or, if appropriate, Government Auditing Standards issued by the Comptroller General of the United States.
(c) Appointment and Qualifications of Internal
Auditors. – Any internal auditor employed by a State agency shall at a
minimum have a bachelor's degree from an accredited college or university and:Any
State employee who performs the internal audit function shall meet the minimum
qualifications for internal auditors established by the Office of State
Personnel.
(1) Certification or licensure as a certified
public accountant, certified internal auditor, certified fraud examiner,
certified information systems auditor, professional engineer, or attorney; or
(2) A minimum of five years' experience in
internal or external auditing, management consulting, program evaluation,
management analysis, economic analysis, industrial engineering, or operations
research.
(d) Director of Internal Auditing. – The agency head
shall appoint a Director of Internal Auditing who shall report to (i)
the agency head and shall not report to any employee subordinate to the
agency head.head, (ii) the chief deputy or chief administrative
assistant, or (iii) the agency governing board, or subcommittee thereof, if such
a governing board exists. The Director of Internal Auditing shall be
organizationally situated to avoid impairments to independence as defined in
the auditing standards referenced in subsection (b) of this section."
"§ 143‑747. Council of Internal Auditing.
(a) The Council of Internal Auditing is created, consisting of the following members:
(1) The State Controller who shall serve as Chair.
(2) The State Budget Officer.
(3) The Secretary of Administration.
(4) The Attorney General.
(5) The Secretary of Revenue.
(6) The State Auditor who shall serve as a nonvoting member. The State Auditor may appoint a designee.
(b) The Council shall be supported by the Office of State Budget and Management.
(c) The Council shall:
(1) Hold its first meeting before November 1, 2007,
and thereaftermeetings at the call of the Chair or upon written
request to the Chair by two members of the Council.
(2) Keep minutes of all proceedings.
(3) Promulgate guidelines for the uniformity and quality of State agency internal audit activities.
(4) Recommend the number of internal audit employees required by each State agency.
(5) Develop internal audit guides, technical manuals, and suggested best internal audit practices.
(6) Administer an independent peer review system for each State agency internal audit activity; specify the frequency of such reviews consistent with applicable national standards; and assist agencies with selection of independent peer reviewers from other State agencies.
(7) Provide central training sessions, professional development opportunities, and recognition programs for internal auditors.
(8) Administer a program for sharing internal auditors among State agencies needing temporary assistance and assembly of interagency teams of internal auditors to conduct internal audits beyond the capacity of a single agency.
(9) Maintain a central database of all annual internal audit plans; topics for review proposed by internal audit plans; internal audit reports issued and individual findings and recommendations from those reports.
(10) Require reports in writing from any State agency relative to any internal audit matter.
(11) If determined necessary by a majority vote of the council:
a. Conduct hearings relative to any attempts to interfere with, compromise, or intimidate an internal auditor.
b. Inquire as to the effectiveness of any internal audit unit.
c. Authorize the Chair to issue subpoenas for the appearance of any person or internal audit working papers, report drafts, and any other pertinent document or record regardless of physical form needed for the hearing.
(12) Issue an annual report including, but not limited to, service efforts and accomplishments of State agency internal auditors and to propose legislation for consideration by the Governor and General Assembly."
"§ 143‑748. Confidentiality of internal audit work papers.
Internal audit work papers are confidential except as otherwise provided in this section or upon subpoena issued by a duly authorized court. A published internal audit report is a public record as defined in G.S. 132‑1 to the extent it does not include information which is confidential under State or federal law or would compromise the security of a State agency. An internal auditor shall maintain for 10 years a complete file of all audit reports and reports of other examinations, investigations, surveys, and reviews conducted under the internal auditor's authority. Audit work papers and other evidence and related supportive material directly pertaining to the work of the internal auditor's office shall be retained in accordance with Chapter 132 of the North Carolina General Statutes. Unless otherwise prohibited by law and to promote intergovernmental cooperation and avoid unnecessary duplication of audit effort, audit work papers related to released audit reports shall be made available for inspection by duly authorized representatives of the State and federal government in connection with some matter officially before them.
"§ 143‑749. Obstruction of audit.
It shall be a Class 2 misdemeanor for any officer, employee, or agent of a State agency subject to the provisions of this Article to willfully make or cause to be made to a State agency internal auditor or the internal auditor's designated representatives any false, misleading, or unfounded report for the purpose of interfering with the performance of any audit, special review, or investigation, or to hinder or obstruct the State agency internal auditor or the internal auditor's designated representatives in the performance of their duties."
SECTION 2. This act is effective when it becomes law. G.S. 143‑749, as enacted in Section 1 of this act, applies to offenses committed on or after December 1, 2013.
