SENATE AMENDED PRIOR PRINTER'S NO. 146 PRINTER'S NO. 1034
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. 20010H0169B1034 - 2 -
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. L18L53DMS/20010H0169B1034 - 5 -