PRIOR PRINTER'S NO. 2228                      PRINTER'S NO. 2491

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1826 Session of 1977


        INTRODUCED BY MESSRS. DeMEDIO, RITTER, FRYER, MEBUS AND WEIDNER,
           OCTOBER 31, 1977

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JANUARY 3, 1978

                                     AN ACT

     1  Amending the act of August 9, 1955 (P.L.323, No.130), entitled
     2     "An act relating to counties of the third, fourth, fifth,
     3     sixth, seventh and eighth classes; amending, revising,
     4     consolidating and changing the laws relating thereto,"
     5     providing for an independent audit of county fiscal affairs.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1702, act of August 9, 1955 (P.L.323,
     9  No.130), known as "The County Code," is amended to read:
    10     Section 1702.  Functions of the Controller.--(a)  Subject to
    11  the power and duty of the county commissioners to manage and
    12  administer the fiscal affairs of the county, the controller
    13  shall supervise the fiscal affairs of the county including the
    14  accounts and official acts relating thereto of all officers or
    15  other persons who shall collect, receive, hold or disburse the
    16  public moneys of the county. The discretionary powers of the
    17  controller shall not be applicable to the management of the
    18  fiscal policies of the county commissioners, or to matters not
    19  involving the accounts and transactions of officers or other

     1  persons of the county, but the controller shall refuse to
     2  authorize any fiscal transaction which is, by law, subject to
     3  his supervision or control where it appears that such
     4  transaction is not authorized by law, or has not been undertaken
     5  according to law, or has not received approval according to law,
     6  or as to which he desires upon reasonable grounds to investigate
     7  for or has already discovered any fraud, flagrant abuse of
     8  public office or any criminal act or neglect of any officer or
     9  other person of the county relating to their public accounts and
    10  transactions. He may at any time require from any such officers
    11  or other persons, in writing, an account of all moneys or
    12  property which may have come into their control. Immediately, on
    13  the discovery of any default or delinquency, he shall report the
    14  same to the commissioners who shall immediately take action to
    15  recover the money and to the district attorney of the county for
    16  such prosecution as may be warranted, and shall take immediate
    17  measures to secure the public moneys or property.
    18     (b)  Pursuant to subsection (a), the county commissioners
    19  may, if they shall deem it necessary, FOR THE PURPOSE OF MEETING  <--
    20  FEDERAL OR STATE REQUIREMENTS, contract with or employ an
    21  independent public accountant for the purpose of preparing or
    22  conducting a report or audit of the fiscal affairs of the
    23  county, independent of and/or in addition to, that conducted by
    24  the county controller OR AUDITORS.                                <--
    25     Section 2.  This act shall take effect in 60 days.




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