(a)

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felony1 to 10 yearsup to $15,000
For details, see Ala. Code § 13A-5-6

Terms Used In Alabama Code 41-5A-12

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) The books, records, vouchers, and accounts of every state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited at least once every two years and more frequently if deemed necessary by the chief examiner.
(2) The books, records, vouchers, and accounts of any state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited upon a request by the Legislative Committee on Public Accounts. Notwithstanding any other law to the contrary, the books, records, vouchers, and accounts of municipal boards of education or any state entity holding assets within or outside this state or within or outside the State Treasury may be examined and audited upon request of the committee.
(b) Examinations and audits required under this chapter shall be made at the expense of the state.
(c) A person who knowingly makes any materially false, fictitious, or fraudulent statement or representation in any audit or in providing any information under this chapter shall be guilty of a Class C felony.
(d) A state or county office, officer, bureau, board, commission, corporation, institution, department, or agency subject to audit or examination under this section may not contract for or arrange to have an independent financial audit unless the firm to provide the auditing services is authorized and approved by the chief examiner. Any audit or examination that is authorized by the chief examiner is subject to review by the chief examiner prior to finalization of the audit and public release. Notwithstanding the foregoing, this subsection does not apply to an independent financial audit of public pension funds or public health insurance plans as otherwise authorized by law.
(e) An institution of higher education governed by a board of trustees, in consultation with the chief examiner, may select a firm to provide auditing services. Any audits conducted are subject to review by the chief examiner.