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Single Audit Report Fiscal Year Ended June 30, 2012 - State ...

Single Audit Report Fiscal Year Ended June 30, 2012 - State ...

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<strong>State</strong> of GeorgiaFinancial <strong>State</strong>ment Findings and Questioned CostsFor the <strong>Fiscal</strong> <strong>Year</strong> <strong>Ended</strong> <strong>June</strong> <strong>30</strong>, <strong>2012</strong>Effect:Recommendation:Failure to appropriately record contractual obligations and expenditures increases the risk of materialmisstatement in the financial statements including misstatements due to error or fraud.The Department of Agriculture should implement policies and procedures to ensure that contractpayables/expenditures are recorded on the general ledger when a contract has been executed. Inaddition, the Department should use the correct account for the recording of expenditures.Finding Control Number: FS-402-12-07REVENUES AND RECEIVABLESImproper Retention of FeesCondition:Pursuant to Act No. 360 of the 2009-2010 General Assembly, additional fees were collected by theDepartment of Agriculture (Department). The Department collected and retained a portion of thefollowing fees rather than remitting the fees to the <strong>State</strong> Treasury:1. Food Sale License Fees (O.C.G.A. 26-2-25) - Amount Retained $2,443,611.012. Gas Quality/Pump Inspection Fees (O.C.G.A. 10-1-159) - Amount Retained $2,574,690.00Based on our review of the constitutional provisions and the statutory authority to impose fees relatedto Food Sale Licenses and Gas Quality/Pump Inspections described below, there does not appear to bea legal basis by which the Department may retain and expend these funds.Criteria:Article VII, Section III, Paragraph II (a) of the Georgia Constitution provides as follows: “Except asotherwise provided in this Constitution, all revenue collected from taxes, fees, and assessments forstate purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid intothe general fund of the state treasury.”Statutory authority to impose fees related to Food Sale Licenses is set forth in Chapter 2 of Title 26 ofthe Official Code of Georgia Annotated. However, no authority to retain such fees was identifiedwithin this code section.Statutory authority to impose fees related to Gas Quality/Pump Inspections is set forth in Chapter 1 ofTitle 10 of the Official Code of Georgia Annotated. However, no authority to retain such fees wasidentified within this code section.Information:Cause:Effect:Recommendation:The Appropriations Act for fiscal year 2013 provides the Department with <strong>State</strong> funds in the amount of$10,007,050.00 to replace fees required to be remitted to the Office of the <strong>State</strong> Treasurer, pursuant tothe <strong>State</strong> of Georgia 2011 Budgetary Compliance <strong>Report</strong>.Fees for Food Sale Licenses and Gas Quality/Pump Inspections was retained by the Department,however, we are unaware of either a constitutional provision or a statutory authority allowing theDepartment to retain such fees.Retention and use of the aforementioned fees by the Department results in noncompliance with theGeorgia Constitution.As noted in the Information paragraph above, <strong>State</strong> funds to replace the retention of fees required to beremitted to the Office of the <strong>State</strong> Treasurer have been added to the Department of Agriculture's budgetby the Appropriations Act for fiscal year 2013. The Department of Agriculture should consult with theAttorney General regarding any questions they may have involving the constitutionality of or statutoryauthority for the retention of fees they collect.27

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