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Email: Chapter 5A, Article 2

ARTICLE 2. FINANCE DIVISION.

§5A-2-1. Finance Division created; director; sections; powers and duties.

(a) The Finance Division of the Department of Administration is continued. The Finance Division shall be under the supervision and control of a director, who shall be appointed by the secretary. There shall be in the Finance Division a Shared Services Section and a Financial Accounting and Reporting Section.

(b) The Shared Services Section shall have the duties conferred upon it by this article, §5A-2B-1 et seq. of this code, and by the secretary, including, but not limited to, general financial accounting, payroll, accounts payable, and accounts receivable for the spending units that have entered into agreements with the Shared Services Section.

(c) The Financial Accounting and Reporting Section shall establish and maintain the centralized accounting system required by §5A-2-24 of this code and issue annual general purpose financial statements in accordance with generally accepted accounting principles and with this article.

§5A-2-2.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-3.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-4.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-5.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-6.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-7.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-8.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-9.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-10.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-11.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-12.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-13.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-14.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-14a.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-15.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-16.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-17.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-18.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-19.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-19a. Special reports by spending units; notification of pending matters having impact on future expenditure requirements.

(a) Within ninety days following the end of each fiscal year, each spending unit within state government shall submit a detailed report and accounting of all substantial unbudgeted contingent liabilities that may have a substantial and material impact on spending obligations in subsequent fiscal years. Each report is to include, but not be limited to, pending legal actions, unresolved audit findings and any other activities that are reasonably predicted to have an impact on future expenditures by the state.

(b) All reports are to be submitted to the secretary on forms and in the manner prescribed by the secretary. Within thirty days of receipt of each final report, the secretary shall forward a copy to the Joint Committee on Government and Finance.

(c) The secretary shall propose for promulgation all rules required for the implementation of this section in accordance with the provisions of article three, chapter twenty-nine-a of this code. The rules are to include, but not be limited to, definitions of the types of substantial unbudgeted contingent liabilities that are reportable under the provisions of this section.

§5A-2-20.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-21.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-22.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-23.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-24. Management accounting.

(a) It is the intent of this section to establish a centralized accounting system for the offices of the Auditor, treasurer, Board of Investments, secretary of administration and each spending unit of state government to provide more accurate and timely financial data and increase public accountability.

(b) Notwithstanding any provision of this code to the contrary, the secretary of administration shall develop and implement a new centralized accounting system for the planning, reporting and control of state expenditures in accordance with generally accepted accounting principles to be used by the Auditor, treasurer, Board of Investments, secretary and all spending units. The accounting system shall provide for adequate internal controls, accounting procedures, recording income collections, systems operation procedures and manuals, and periodic and annual general purpose financial statements, as well as provide for the daily exchange of needed information among users.

(c) The financial statements shall be audited annually by outside independent certified public accountants, who shall also issue an annual report on federal funds in compliance with federal requirements.

(d) The secretary shall implement the centralized accounting system no later than December 31, 1993, and, after approval of the system by the Governor, shall require its use by all spending units. The Auditor, treasurer, Board of Investments, secretary and every spending unit shall maintain their computer systems and data files in a standard format in conformity with the requirements of the centralized accounting system. Any system changes must be approved in advance of the change by the secretary. The Auditor, treasurer, Board of Investments, budget director and secretary of administration shall provide on-line interactive access to the daily records maintained by their offices.

§5A-2-25. System of accounting to be certified to legislative Auditor.

The secretary shall certify the system of accounting and reporting installed pursuant to the provisions of this article, and any changes made therein, to the Legislative Auditor.

§5A-2-26.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-27.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-28.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-29.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-30.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-31.

Repealed.

Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-32. Submission of requests, amendments, reports, etc., to legislative auditor; misdemeanor penalty for noncompliance.

(a) The provisions of section twenty-five of this article requiring the secretary to supply copies of the documents specified therein to the Legislative Auditor shall be strictly adhered to by the secretary.

(b) Any failure by a secretary to comply with the provisions of subsection (a) of this section shall be a misdemeanor and, upon conviction thereof, the secretary shall be fined the sum of $1,000. This penalty shall be in addition to other penalties provided elsewhere in this article and other remedies provided by law.

§5A-2-33. Financial accounting and reporting section; comptroller; powers and responsibilities.

(a) The financial accounting and reporting section created under section one of this article shall be under the control and supervision of a comptroller. The provisions of this section shall apply to all component units of state government, as defined by generally accepted accounting principles.

(b) The comptroller, under the direction and supervision of the director of the Finance Division, has the power and responsibility to:

(1) Maintain financial records supporting the Comprehensive Annual Financial Report required under subdivision (8) of this subsection, in accordance with generally accepted accounting principles;

(2) Maintain the official chart of accounts of the state;

(3) Maintain the centralized accounting system;

(4) Maintain the statewide accounting policies and procedures;

(5) Direct the establishment and maintenance of an adequate internal control structure by the various component units of state government;

(6) Verify the periodic reconciliation of assets as reported by the board of Investments and budgetary fund balances as reported by the State Auditor;

(7) Issue management financial reports by component unit and department, as well as consolidated management financial reports, as follows:

(A) Monthly budgetary basis reports by revenue and expense, budget compared to actual, and encumbrances; and

(B) Financial position reports, including, but not limited to, cash, investments, indebtedness, obligations and accounts payable.

(8) Issue a comprehensive annual financial report.

(A) When all state agencies meet the financial reporting deadlines set by the financial accounting and reporting section, the report shall be issued on or before December 31 of the calendar year in which the reporting period ends.

(B) When any agency fails to meet the reporting deadline, the report shall be issued within 60 days of receiving the last agency report.

(C) The financial report will be prepared in accordance with generally accepted accounting principles;

(9) Have the general purpose financial statements of the state audited annually by independent certified public accountants;

(10) Require the state pension systems, workers’ compensation commission, Public Employees Insurance Agency, Board of Risk and Insurance Management and the various other component units of the state to prepare financial statements audited by independent certified public accountants and submit the audited financial statements to the financial accounting and reporting section in the form and within the time frames established by the financial accounting and reporting section;

(11) Maintain controls over access to the centralized accounting system and the required modifications, as well as edits, controls and tables;

(12) Promulgate legislative rules in accordance with §29A-3-1 et seq. of this code to effectuate the intent and purpose of this section: Provided, That such rules may initially be implemented by emergency rule; and

(13) Do all things necessary and convenient to maintain the centralized accounting system, to issue financial reports of the state and to carry out its powers and responsibilities.

§5A-2-34. Study of centralized accounting system.

[Repealed]

§5A-2-35.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.

§5A-2-36.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.

§5A-2-37.

Repealed.

Acts, 1965 Reg. Sess., Ch. 51.

§5A-2-38.

Repealed.

Acts, 1965 Reg. Sess., Ch. 51.