MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Polk
AN ACT TO AMEND SECTION 25-65-9, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISION PROVIDING THAT THE HIRING OF AN INTERNAL AUDIT DIRECTOR BY A UNIVERSITY, COMMUNITY/JUNIOR COLLEGE AND STATE AGENCY SHALL BE SUBJECT TO SPECIFIC APPROPRIATION OF AVAILABLE FUNDING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-65-9, Mississippi Code of 1972, is amended as follows:
     25-65-9.  (1)  Except as
otherwise provided by subsection (2) of this section, each university,
community/junior college and state agency shall * * *
employ an agency internal audit director who shall be appointed by the
university president or chancellor, the community/junior college president,
elected official or executive director or his counterpart of a state agency
without a governing board or commission.  The university president or
chancellor, the community/junior college president * * *
or the agency head shall ensure that the university, community/junior
college or agency shall employ, subject to specific funding being appropriated,
a sufficient number of professional and support staff to implement an effective
program of internal auditing.  Compensation, training, job tenure and
advancement of internal auditing staff shall be based upon the rules of the
State Personnel Board for other business employees in the system.  The internal
audit organization shall have organizational status outside the agency's staff
or line management functions or units subject to audit, and shall be free of
operational and management responsibilities that would impair the ability to
make independent audits of any aspects of the agency's operations.  An agency,
university or community/junior college internal audit director may be
terminated by the appointing authority in accordance with State Personnel Board
rules and regulations for any state employee after a seven * * *-day notification period to the State
Auditor.
(2) The university president or chancellor, the community/junior college president or agency head of a university, community/junior college or state agency, respectively, may outsource the internal audit function if he determines that it is more cost efficient than establishing the audit personnel and procedures provided in subsection (1) of this section. Internal audit services may not be outsourced to the same firm or individual who performs independent audit or other consulting services to the university, community/junior college or agency.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.