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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 146                       PRINTER'S NO. 1034

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 169 Session of 2001


        INTRODUCED BY BARD, BENNINGHOFF, RUBLEY, GEIST, READSHAW,
           BASTIAN, CALTAGIRONE, HENNESSEY, LAUGHLIN, NICKOL, ROSS,
           SHANER, E. Z. TAYLOR, THOMAS, TIGUE AND YOUNGBLOOD,
           JANUARY 23, 2001

        SENATOR GERLACH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           MARCH 13, 2001

                                     AN ACT

     1  Authorizing the Department of Community and Economic Development
     2     to adopt a program of training, examination and continuing
     3     education of elected auditors.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Elected
     8  Auditors' Training Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Auditor."  A person duly elected to, or appointed to fill a
    14  vacancy in the position of elected auditor under any of the
    15  following:
    16         (1)  Act of June 24, 1931 (P.L.1206, No.331), known as


     1     The First Class Township Code.
     2         (2)  Act of May 1, 1933 (P.L.103, No.69), known as The
     3     Second Class Township Code.
     4         (3)  Act of August 9, 1955 (P.L.323, No.130), known as
     5     The County Code.
     6         (4)  Act of February 1, 1966 (1965 P.L.1656, No.581),
     7     known as The Borough Code.
     8         (5)  53 Pa.C.S. Pt. III Subpt. E (relating to home rule
     9     and optional plan government).
    10     "Certificate."  Documentation of successful completion of the
    11  basic training program and the continuing education program.
    12     "Department."  The Department of Community and Economic
    13  Development of the Commonwealth.
    14  Section 3.  Educational programs for auditors.
    15     (a)  Basic training.--The department, in consultation with
    16  the Auditor General, the Pennsylvania Institute of Certified      <--
    17  Public Accountants, the Pennsylvania Society of Public
    18  Accountants and the Pennsylvania State Association of County
    19  Auditors shall adopt and implement a program of basic training
    20  and examination for auditors of this Commonwealth. The
    21  department may contract with a third party to provide such
    22  training and examination.
    23     (b)  Continuing education.--The department, in consultation
    24  with the Auditor General, the Pennsylvania Institute of           <--
    25  Certified Public Accountants, the Pennsylvania Society of Public
    26  Accountants and the Pennsylvania State Association of County
    27  Auditors, shall adopt and implement a program of continuing
    28  education and examination for auditors of this Commonwealth. The
    29  department may contract with a third party to provide such
    30  education and examination.
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     1  Section 4.  Program guidelines.
     2     (a)  Courses.--The basic training and continuing education
     3  programs shall include, but not be limited to, the following
     4  courses:
     5         (1)  Duties and responsibilities of auditors.
     6         (2)  The code requirements and other statutes related to
     7     the office of auditor.
     8         (3)  Budget process.
     9         (4)  Accounting.
    10         (5)  Ethics.
    11         (6)  Planning the audit.
    12         (7)  Audit procedures.
    13         (8)  Financial reporting.
    14     (b)  Prerequisites.--
    15         (1)  As a prerequisite to taking an examination, the
    16     individual shall complete the basic training program
    17     authorized by the department.
    18         (2)  As a prerequisite for taking any continuing
    19     education courses for the purpose of meeting continuing
    20     education requirements set forth under this act, an
    21     individual must complete the basic training program
    22     authorized by the department.
    23     (c)  Examinations.--
    24         (1)  An individual shall have the option to sit for the
    25     examination approved by the department relating to the basic
    26     education program.
    27         (2)  An individual who passes the basic training
    28     examination shall be known as a "Trained Municipal Auditor."
    29  Section 5.  Renewal of training title.
    30     Renewal of basic training shall occur biennially upon
    20010H0169B1034                  - 3 -

     1  completion of a continuing education program authorized by the
     2  department.
     3  Section 6.  Department duties.
     4     The department shall:
     5         (1)  Notify current trained municipal auditors of the
     6     continuing education requirements prior to any deadline for
     7     renewal of title.
     8         (2)  Maintain a register that lists all trained municipal
     9     auditors. The register shall be open to public inspection.
    10         (3)  Provide copies of the register to the public upon
    11     payment of a nominal fee.
    12         (4)  Determine and approve reasonable fees for training
    13     and continuing education programs and for testing and
    14     titling. The individual shall bear the cost of the program,
    15     testing and titling, unless the municipality agrees to pay
    16     for the cost in whole or in part.
    17  Section 7.  Unlawful activity.
    18     It shall be unlawful, on or after the effective date of this
    19  act, for any individual to hold himself or herself out as being
    20  trained under this act unless the individual holds a current,
    21  valid trained municipal auditor certificate.
    22  Section 8.  Participation in programs.
    23     (a)  General rule.--Nothing in this act shall prevent any
    24  individual from participating in the department's training and
    25  continuing education programs and from obtaining the title of
    26  "Trained Municipal Auditor."
    27     (b)  Nature of participation.--Participation in the training,
    28  examination and continuing education under this act is
    29  voluntary. Failure to participate, to complete or to take the
    30  examination shall not disqualify a person from holding office or
    20010H0169B1034                  - 4 -

     1  from performing that person's official duties.
     2  Section 9.  Effective date.
     3     This act shall take effect in 60 days.


















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