Second Regular Session H.B. 2343
COMMITTEE ON FINANCE
SENATE AMENDMENTS TO H.B. 2343
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
“Section 1. Section 44-334, Arizona Revised Statutes, is amended to read:
44-334. Basis for evaluating employee performance
A. The department shall establish procedures to monitor the performance of department employees AND CONTINGENT FEE CONTRACT AUDITORS that include, if applicable, using evaluations obtained from holders.
B. The department shall not evaluate an employee on the basis of unclaimed property demanded or collected by that employee.
C. THE DEPARTMENT SHALL DEVELOP METRICS TO EVALUATE THE ACCURACY OF UNCLAIMED PROPERTY AUDITOR RECOMMENDATIONS TO THE DEPARTMENT AND WHETHER SUCH RECOMMENDATIONS WERE NOT ACCEPTED OR APPROVED BY THE DEPARTMENT. THE OUTCOME OF THIS EVALUATION METRIC MAY BE TAKEN INTO CONSIDERATION WHEN DEVELOPING AUDIT ENGAGEMENTS ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THIS ACT.
Sec. 2. Title 44, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 44-340, to read:
44-340. Auditor contingency contracts; notice of rights
AUDITS FOR ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE, INCLUDING THOSE PErFORMED BY CONTINGENT FEE AUDITORS, SHALL PROVIDE HOLDERS OF UNCLAIMED PROPERTY A NOTICE OF RIGHTS. AT A MINIMUM, THE NOTICE SHALL INCLUDE:
1. A STATEMENT THAT THE DEPARTMENT MAKES ALL FINAL DECISIONS REGARDING RECOMMENDATIONS BY A CONTINGENT FEE AUDITOR THAT ANY UNCLAIMED PROPERTY IS REPORTABLE.
2. INFORMATION ON CORRECTIONS AND APPEALS PROCEDURES.
3. WHERE TO FILE COMPLAINTS OF IMPROPER, ABUSIVE OR INEFFICIENT SERVICE BY EMPLOYEES OR CONTINGENT FEE AUDITORS OF THE DEPARTMENT.
4. CONTACT INFORMATION OF THE DEPARTMENT’S DESIGNATED EMPLOYEES.
Sec. 3. Request for information
The department of revenue, in accordance with section 41-2555, Arizona Revised Statutes, shall issue a request for information by January 1, 2017, to explore the feasibility of contracting for audits relating to unclaimed property pursuant to title 44, chapter 3 that are not directly or indirectly contingent on the auditor recovering unclaimed property.”
Amend title to conform