Missouri legislature passes bill expanding powers of state auditor
Rep. Phil Christofanelli, R-St. Peters
The Missouri Senate gave unanimous approval to legislation expanding the powers of the state auditor, as did the Missouri House just weeks before. The bill will now be passed along to Gov. Mike Parson for final review and his signature.
This bill allows the auditor to audit certain governmental bodies that it previously did not have the authority to investigate.
"By passing this bill, we are delivering on our promise to Missouri citizens for a transparent and accountable government," Rep. Phil Christofanelli, the bill's sponsor, said in a release. "This bill is crucial in helping root out abuse and fraud in local governments across the state."
Currently, state law allows the auditor's office to conduct audits of state agencies, boards and commissions, the circuit court system, most counties, school districts and charter schools, community improvement districts, transportation development districts, solid waste management districts, and land bank agencies.
However, the office is unable to launch audits of counties that have their own county auditor or political subdivisions such as municipalities, fire protection districts, ambulance districts, and sewer districts.
The auditor must be invited to investigate these governmental bodies, either by citizens gathering signatures for a petition or at the invitation of the body meant to be investigated.
If the governor signs this legislation into law, the auditor would be able to follow up on whistleblower complaints about these select government entities by issuing subpoenas for information related to these claims.
Additionally, the state auditor's office would bear financial responsibility for the audits initiated, as currently the entity being investigated is responsible for covering the bill.
Whistleblower reports would be exempted from the state's Sunshine Law, meaning that the identity of a whistleblower would not be compromised through open records requests. This is to protect from any fears of retaliation for filing a complaint about governmental wrongdoing.
The bill provides a statutory definition to the term “improper governmental activity,” which would refer to “official misconduct, fraud, misappropriation, mismanagement, waste of resources, or a violation of State or Federal law, rule, or regulation.”
This is meant to address concerns raised during the 2023 legislative session, when a similar bill was being considered, about the conduct that can be investigated by the state auditor. At the time, some legislators were worried that, without a definition, the term “improper governmental activity” could be interpreted loosely to conduct politically motivated investigations.