04/17/1993 09:17 AM Senate SSA

  SENATOR  LEMAN announced SJR 23 LEGISLATIVE AUDITOR'S POWERS                 
  to be up for consideration.                                                  
                                                                               
  REPRESENTATIVE   RANDY   PHILLIPS,   sponsor,    said   that                 
  Legislative  Audit  needed  some authority  to  enforce  the                 
  recommendations of the audits.                                               
                                                                               
  Number 298                                                                   
                                                                               
  MR. WELKER  said this  resolution proposes some  substantial                 
  changes to the  constitution.  He  views this language as  a                 
  tool of last  resort in any  kind of perceived action  taken                 
  under the authority of this provision.                                       
                                                                               
                                                                               
  SENATOR RANDY PHILLIPS  added that should the  auditor abuse                 
  his  powers, he can be removed  by the legislature as a full                 
  body or by the Legislative Budget and Audit Committee.                       
                                                                               
  Number 338                                                                   
                                                                               
  SENATOR DUNCAN said instead  of putting this totally  on the                 
  legislative  auditor,  the  legislature wants  to  remain in                 
  control.  You might  allow the impoundment of funds  after a                 
  recommendation made by the  legislative auditor, approved by                 
  a majority of  the legislative  budget and audit  committee.                 
  He noted the Budget  and Audit Committee might not  meet for                 
  several months, and  a legislative  auditor could decide  in                 
  May and decide there  should be an impoundment of  funds and                 
  do it.  One individual should not have that authority.  Some                 
  check is needed on the auditor, also.                                        
                                                                               
  Number 379                                                                   
                                                                               
  CHRIS  CHRISTENSEN,  Court System,  said  he wasn't  here to                 
  oppose the bill.  He said  he was concerned that this  might                 
  upset the delicate  balance of power that  currently exists.                 
  He  anticipates when  the  auditor issues  an  order to  the                 
  Governor for impoundment, if the Governor doesn't like that,                 
  the Attorney General  would write an  opinion which says  it                 
  doesn't apply in that case.                                                  
                                                                               
  Number 412                                                                   
                                                                               
  SENATOR  DUNCAN  pointed   out  an   area  he  thought   was                 
  inconsistent where an  auditor can impound, but  the release                 
  of that impoundment order by a vote of the legislature could                 
  cause some difficulty,  because they only meet  4 months out                 
  of the year.  He didn't want to turn veto power  over to one                 
  individual who is not even an elected official.