Title 36, Chapter 40, Section 46
( 36-40-46)
(a) The governing authority of each municipal corporation shall
submit to the state auditor a copy of its regular annual audit not
later than six months after the end of the fiscal year for which the
audit was made. The state auditor shall compare the amount of funds
distributed to each municipal corporation in such year under this
article against the amount of funds expended by each municipal
corporation in such year for the purposes authorized by such Code
sections. If the state auditor determines that the amount so
expended is less than the amount distributed, he shall certify such
amount to the Office of Treasury and Fiscal Services, which shall
deduct and withhold the certified amount from the next funds to be
distributed to the offending municipal corporation under this
article. If, however, a municipal corporation expending less than
the amount distributed to it certifies at the time of the submission
of its audit that it is accumulating such funds for a specified
allowable purpose and submits proof of the deposit or investment of
such funds, then such municipal corporation will be deemed to have
complied with the requirements of this Code section, except that the
amount of such funds shall be added to the amount of funds
distributed to such municipal corporation in the next succeeding
year or years for the purpose of making the comparison and
determination provided for in this Code section. (b) Upon certification by the state auditor to the Office of
Treasury and Fiscal Services that the audit required by this Code
section from any municipal corporation has not been received, the
Office of Treasury and Fiscal Services shall not distribute any
further funds under this article to such offending municipal
corporation until the state auditor again certifies to the Office of
Treasury and Fiscal Services that the delinquent audit has been
filed. It shall be the duty of the state auditor to make such
certification when no audit is received or when a delinquent audit
is received. (c) If any municipal corporation is not now having a regular annual
audit made of its funds, the Office of Treasury and Fiscal Services
shall not distribute any further funds under this article to such
municipal corporation until either: (1) An audit has been made and submitted to the state auditor; or (2) The mayor or clerk submits a statement under oath to the state
auditor stating: (A) That the municipal corporation does not now have a regular
annual audit; (B) That the funds received under this article have been
deposited in and disbursed from a separate account; and (C) That the funds have been expended for the purposes
authorized by this article. (d) Upon the request of the Governor or the commissioner of
transportation, the state auditor is authorized to audit the books
and records of each municipal corporation to verify the accuracy of
the report so filed with him and to ensure that the expenditure of
such funds has been made for the purposes intended. |