Download pdf
Loading PDF...



<br><br>43.050 General functions of Auditor. <br>(1) The Auditor constitutes an agency independent of the administrative departments <br>enumerated in KRS 12.020, it being the policy of the General Assembly to provide <br>for the independent auditing of the accounts, financial transactions, and <br>performance of all spending agencies of the state through a disinterested auditor, <br>who is entirely independent of the state administration whose affairs he is called <br>upon to audit. <br>(2) The Auditor shall: <br>(a) Audit annually, and at such other times as may be deemed expedient, the <br>accounts of all state agencies, all private and semiprivate agencies receiving <br>state aid or having responsibility for the handling of any state funds, the <br>accounts, records, and transactions of the budget units, and the general <br>accounts of the state. <br>(b) Make a complete audit and verification of all moneys handled for the account <br>of the state government by local officials charged with the collection of fees or <br>other money for or on behalf of the state, when an audit is demanded in <br>writing by the Legislative Research Commission, the secretary of the Finance <br>and Administration Cabinet, or the Governor, and may make an audit when it <br>is not so demanded. <br>(c) Examine periodically the performance, management, conduct, and condition <br>of all asylums, prisons, institutions for the intellectually disabled, and <br>eleemosynary institutions; public works owned, operated, or partly owned by <br>the state, or in the conduct or management of which the state has any financial <br>interest or legal power; and state agencies. The examinations shall give special <br>attention to the faithful and economical application of any money appropriated <br>by the state to the institution, public works, or state agency examined, or of <br>any money in which the state has an interest. <br>(d) Examine annually the management and condition of the offices of the Finance <br>and Administration Cabinet, the State Treasurer, and the chief state school <br>officer, to determine whether the laws regulating their duties are being fully <br>complied with, and all money received by them for the state fully accounted <br>for. <br>(e) Examine, at least biennially, the Finance and Administration Cabinet's <br>compliance with this section and KRS 48.111 and 56.800 to 56.823. Within <br>sixty (60) days of the completion of each examination, the Auditor shall report <br>his findings and recommendations to the Capital Projects and Bond Oversight <br>Committee. <br>(f) Audit periodically all state revenue collections, and, if he finds that collections <br>are not being satisfactorily made, report that fact to the authority whose duty it <br>is to make the collections. <br>(g) Make special audits and investigations when required by the Governor. <br><br>(h) Investigate the means of accounting for, controlling, and insuring the safe <br>custody of all property of the state, and verify the existence and condition of <br>such property charged to, or held in the custody of any state agency. <br>(i) Audit the statements of financial condition and operations of the state <br>government, and certify in writing the results of the audit and examination <br>with the comments he deems necessary for the information of the General <br>Assembly. <br>(j) Report immediately in writing to the Governor, each member of the <br>Legislative Research Commission, and the secretary of the Finance and <br>Administration Cabinet, any unauthorized, illegal, irregular, or unsafe <br>handling or expenditure of state funds, or other improper practice of financial <br>administration, or evidence that any such handling, expenditure, or practice is <br>contemplated, and any obstruction of the Auditor or his agents during the <br>conduct of any audit or investigation of a state agency. <br>(k) Assist the Legislative Research Commission at hearings and investigations <br>conducted by it and cooperate with the Legislative Research Commission in <br>the preparation of its reports to the General Assembly. <br>(l) Keep accounts showing the costs of his own operations and of each separate <br>audit and investigation made by him, and the accounts he deems necessary to <br>provide a record of warrants of the state outstanding as of the end of each <br>calendar month. <br>(3) The Auditor may investigate and examine into the conduct of all state and county <br>officers who are authorized to receive, collect, or disburse any money for the state, <br>or who manage or control any property belonging to the state or in which the state is <br>interested, or who make estimates or records that are used as a basis by any state <br>agency in the disbursement of public funds. <br>(4) The Auditor shall not be responsible for the keeping of any accounts of the state, <br>except accounts relating to his own operations, and records of outstanding warrants. <br>He shall not be responsible for the collection of any money due the state, or for the <br>handling or custody of any state funds or property except in the process of counting <br>and verifying the amounts of the funds or property in the course of the audits <br>provided for in this section. <br>Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 141, sec. 3, effective July 15, 2010. -- Amended <br>2009 Ky. Acts ch. 78, sec. 29, effective June 25, 2009. -- Amended 1998 Ky. Acts <br>ch. 39, sec. 2, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 27, sec. 3, <br>effective March 2, 1992. -- Amended 1990 Ky. Acts ch. 512, sec. 14, effective July <br>13, 1990. -- Amended 1982 Ky. Acts ch. 450, sec. 59, effective July 1, 1983. -- <br>Amended 1978 Ky. Acts ch. 92, sec. 1, effective June 17, 1978. -- Amended 1974 <br>Ky. Acts ch. 74, Art. II, sec. 9(1) and (2). -- Amended 1970 Ky. Acts ch. 92, sec. 14. <br>-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. <br>Stat. secs. 1992b-59, 4618-134, 4622, 4623. <br><br>