H549 - Clarify Powers of State Auditor. (SL 2025-83)

Overview: Part I of S.L. 2025-83 (House Bill 549) does the following:

• Exempts the Office of the State Auditor from getting written approval from the Governor before contracting to obtain the services of a consultant.  (Effective July 1, 2025).
• Generally exempts the Office of the State Auditor from the statutes governing information technology.  The Auditor's Office may elect to participate in the information technology programs, services, and contracts offered by the Department of Information Technology, including procurement.  The Office of State Auditor must make this election in writing.  (Effective July 1, 2025).
• Exempts the Office of the State Auditor from statutes requiring the Department of Information Technology to approve information technology procurement.  The Auditor may procure information technology services under the Auditor’s authority to contract with professional persons and experts.  (Effective July 1, 2025).
• Defines a "publicly-funded entity" as "[a]ny individual, private corporation, institution, association, board, or other organization that receives, disburses, or otherwise handles State or federal funds."
• Provides that the State Auditor is required to investigate reports of improper governmental activities of publicly-funded entities in addition to State agencies and employees of those agencies.
• Provides that upon demand of the Auditor, access to persons and records of a State agency includes the viewing of databases, datasets, and digital records necessary for any purpose within the authority of the Auditor.  
• Permits the Auditor to have access to databases, datasets, digital records, and other documentation of publicly-funded entities which pertain to either: (i) amounts received from a grant or contract from the federal government, the State, or its political subdivisions or (ii) amounts received, disbursed, or otherwise handled for the federal government, the State, or its political subdivisions.  
• Allows the Auditor to commence an action in superior court for a show cause hearing if a person failed to provide access to persons or records.

This bill was vetoed by the Governor on July 2, 2025, and that veto was overridden by the General Assembly on July 29, 2025.  Except as otherwise provided, this Part of the act became effective July 29, 2025.