11.2 - ANNUAL SETTLEMENTS.

        11.2  ANNUAL SETTLEMENTS.
         1.  The auditor of state shall annually, and more often if deemed
      necessary, make a full settlement between the state and all state
      officers and departments and all persons receiving or expending state
      funds, and shall annually make a complete audit of the books and
      accounts of every department of the state.
         a.  Provided, that the accounts, records, and documents of the
      treasurer of state shall be audited daily.
         b.  Provided further, that a preliminary audit of the
      educational institutions and the state fair board shall be made
      periodically, at least quarterly, to check the monthly reports
      submitted to the director of the department of administrative
      services as required by section 8A.502, subsection 9, and that a
      final audit of such state agencies shall be made at the close of each
      fiscal year.
         2.  In conjunction with the audit of the state board of regents
      required under this section, the auditor of state, in accordance with
      generally accepted auditing standards, shall perform audit testing on
      the state board of regents' investments.  The auditor shall report to
      the state board of regents concerning compliance with state law and
      state board of regents' investment policies.  The state board of
      regents is responsible for remedying any reported noncompliance with
      its own policy or practices.
         a.  The state board of regents shall make available to the
      auditor of state and treasurer of state the most recent annual report
      of any investment entity or investment professional employed by an
      institution governed by the board.
         b.  All contracts or agreements with an investment entity or
      investment professional employed by an institution governed by the
      state board of regents shall require the investment entity or
      investment professional employed by an institution governed by the
      state board of regents to notify in writing the state board of
      regents within thirty days of receipt of all communication from an
      independent auditor or the auditor of state or any regulatory
      authority of the existence of a material weakness in internal control
      structure, or regulatory orders or sanctions against the investment
      entity or investment professional, with regard to the type of
      services being performed under the contracts or agreements.  This
      provision shall not be limited or avoided by another contractual
      provision.
         c.  The audit under this section shall not be certified until
      the most recent annual reports of any investment entity or investment
      professional employed by an institution governed by the state board
      of regents are reviewed by the auditor of state.
         d.  The review of the most recent annual report to
      shareholders of an open-end management investment company or an
      unincorporated investment company or investment trust registered with
      the federal securities and exchange commission under the federal
      Investment Company Act of 1940, 15 U.S.C. § 80(a), pursuant to 17
      C.F.R. § 270.30d-1 or the review, by the person performing the audit,
      of the most recent annual report to shareholders, call reports, or
      the findings pursuant to a regular examination under state or federal
      law, to the extent the findings are not confidential, of a bank,
      savings and loan association, or credit union shall satisfy the
      review requirements of this paragraph.
         e.  As used in this subsection, "investment entity" and
      "investment professional" exclude a bank, savings and loan
      association, or credit union when acting as an approved depository
      pursuant to chapter 12C.  
         Section History: Early Form
         [C97, § 161; S13, § 161-a; C24, 27, 31, § 340; C35, § 101-a2; C39,
      § 101.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 11.2]
      
         Section History: Recent Form
         92 Acts, ch 1156, §1; 2003 Acts, ch 145, §131; 2007 Acts, ch 126,
      §4; 2008 Acts, ch 1032, § 201
         Referred to in § 24.24, 262.14, 422.72