2005 Vermont Code - § 163. — Duties of the auditor of accounts

§ 163. Duties of the auditor of accounts

In addition to any other duties prescribed by law, the auditor of accounts shall:

(1) Examine annually the financial statements of the funds of state government and at his discretion audit financial and other records of every department, institution and agency of the state including trustees or custodians of retirement and other trust funds held by the state or any officer or officers of the state, and also including every county officer who receives or disburses funds of the state or for the benefit of the state or any county. He shall upon request of a town establish a uniform system of accounting and reporting.

(2) In his discretion, conduct a continuing post audit of all disbursements made through the office of the commissioner of finance and management.

(3) [Repealed.]

(4) Upon request, assist the commissioner of finance and management in the preparation of the state budget.

(5) From time to time, as examinations are completed, report his audit findings first to the speaker of the house of representatives and the president pro tempore of the senate, then to the governor, the secretary of administration, the commissioner of finance and management and the head of the department, institution or agency covered by the report. The audit reports shall be public records and four copies of each report shall be furnished to and kept in the state library for public use.

(6) Make special audits of any department, institution and agency as the governor may from time to time require.

(7) Make a biennial report to the general assembly in which he shall summarize his findings, and make such comments and recommendations as he finds necessary.

(8) Subject to the provisions of chapter 13 of Title 3, employ and set the compensation of such assistants, clerical or otherwise, as he deems necessary for the proper and efficient administration of his office. However, he shall not expend or authorize expenditure of funds for his office in excess of the amount appropriated for his office in any fiscal year.

(9) Approve and coordinate all requests by state departments, agencies, commissions and state-created authorities for accounting or auditing services by an independent accounting firm for any of the departments', agencies', commissions' or state-created authorities' funds, financial accounts, and records, or for any accounting or auditing services for which payment is to be made from any funds controlled or administered by any state department, agency, commission or state-created authority, prior to the negotiation of any contractual obligations with the independent firms. All audit reports and reports of findings and recommendations issued by an independent accounting firm under this section shall be addressed to the auditor of accounts for distribution in accordance with subdivision 5 of this section.

(10) Require all state departments and agencies to file with the auditor of accounts all audit reports and reports of findings and recommendations received as a result of audits and examinations conducted by or for any federal agency.

(11) Perform, or contract with independent public accountants to perform, financial and compliance audits as required by the Federal Single Audit Act of 1984, 31 U.S.C. § 7501 et seq. This subdivision shall not apply to the University of Vermont and the Vermont State Colleges.

(12)(A) Biennially audit the economic advancement tax incentives program established under chapter 151, subchapter 11E of this title to determine compliance with that subchapter and all other applicable statutes and regulations. The auditor's report shall be made available to the general assembly during the fourth quarter of the second year of each biennium. The auditor shall include in this biennial audit verifications of any of the inspections done by the tax department of awardees of economic advancement tax incentives to determine the relationship between performance and credits claimed.

(B) Biennially audit the Vermont employment growth incentive program established under 32 V.S.A. § 5930b and other applicable statutes and regulations. The audit shall include a comparative examination of the economic advancement tax incentive program and the Vermont employment growth incentives program with respect to performance measurements, program expenditure controls, the adequacy and availability of program information, and recommendations for improved accountability and fiscal controls. The auditor shall develop benchmarks, known as "best management practices" that in the judgment of the auditor need to be met so that the Vermont employment growth incentives program may be administered in the most fiscally sound and well-managed manner. The auditor's report shall be submitted during the first quarter of the second year of each biennium to the department of taxes and the economic incentive review board established by 32 V.S.A. § 5930a(a) (except that in the second year of the 2007-2008 biennium the auditor's report shall be submitted to the Vermont economic progress council). The department and the board (and in the 2007-2008 biennium, the council) shall review the auditor's report and in the fourth quarter of each biennium report to the Senate Committee on Economic Development, Housing and General Affairs, the Senate Committee on Finance, the House Committee on Commerce and the House Committee on Ways and Means in response to the findings and recommendations of the auditor together with any recommendations for improvements or amendments. (Added 1959, No. 328 (Adj. Sess.), § 17; amended 1967, No. 91, § 1; 1969, No. 219 (Adj. Sess.), §§ 2, 4, eff. March 27, 1970; 1971, No. 32, eff. July 1, 1971; 1977, No. 146 (Adj. Sess.), § 4; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 122 (Adj. Sess.), § 1, eff. April 17, 1986; 1999, No. 159 (Adj. Sess.), § 15; 2003, No. 67, § 13c; 2005, No. 184 (Adj. Sess.), § 15.)