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                                                      PRINTER'S NO. 4074

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2928 Session of 1998


        INTRODUCED BY BARD, E. Z. TAYLOR, FARGO, READSHAW, ROSS, RUBLEY,
           HARHAI, GEIST, BAKER, McILHATTAN, NICKOL AND THOMAS,
           NOVEMBER 10, 1998

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 10, 1998

                                     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
    17     The First Class Township Code.
    18         (2)  Act of May 1, 1933 (P.L.103, No.69), known as The

     1     Second Class Township Code.
     2         (3)  Act of August 9, 1955 (P.L.323, No.130), known as
     3     The County Code.
     4         (4)  Act of February 1, 1966 (1965 P.L.1656, No.581),
     5     known as The Borough Code.
     6         (5)  53 Pa.C.S. Pt. III Subpt. E (relating to home rule
     7     and optional plan government).
     8     "Certificate."  Documentation of successful completion of the
     9  basic training program and the continuing education program.
    10     "Department."  The Department of Community and Economic
    11  Development of the Commonwealth.
    12  Section 3.  Educational programs for auditors.
    13     (a)  Basic training.--The department, in consultation with
    14  the Pennsylvania Institute of Certified Public Accountants, the
    15  Pennsylvania Society of Public Accountants and the Pennsylvania
    16  State Association of County Auditors shall adopt and implement a
    17  program of basic training and examination for auditors of this
    18  Commonwealth. The department may contract with a third party to
    19  provide such training and examination.
    20     (b)  Continuing education.--The department, in consultation
    21  with the Pennsylvania Institute of Certified Public Accountants,
    22  the Pennsylvania Society of Public Accountants and the
    23  Pennsylvania State Association of County Auditors, shall adopt
    24  and implement a program of continuing education and examination
    25  for auditors of this Commonwealth. The department may contract
    26  with a third party to provide such education and examination.
    27  Section 4.  Program guidelines.
    28     (a)  Courses.--The basic training and continuing education
    29  programs shall include, but not be limited to, the following
    30  courses:
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     1         (1)  Duties and responsibilities of auditors.
     2         (2)  The code requirements and other statutes related to
     3     the office of auditor.
     4         (3)  Budget process.
     5         (4)  Accounting.
     6         (5)  Ethics.
     7         (6)  Planning the audit.
     8         (7)  Audit procedures.
     9         (8)  Financial reporting.
    10     (b)  Prerequisites.--
    11         (1)  As a prerequisite to taking an examination, the
    12     individual shall complete the basic training program
    13     authorized by the department.
    14         (2)  As a prerequisite for taking any continuing
    15     education courses for the purpose of meeting continuing
    16     education requirements set forth under this act, an
    17     individual must complete the basic training program
    18     authorized by the department.
    19     (c)  Examinations.--
    20         (1)  An individual shall have the option to sit for the
    21     examination approved by the department relating to the basic
    22     education program.
    23         (2)  An individual who passes the basic training
    24     examination shall be known as a "Trained Municipal Auditor".
    25  Section 5.  Renewal of training title.
    26     Renewal of basic training shall occur biennially upon
    27  completion of a continuing education program authorized by the
    28  department.
    29  Section 6.  Department duties.
    30     The department shall:
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     1         (1)  Notify current trained municipal auditors of the
     2     continuing education requirements prior to any deadline for
     3     renewal of title.
     4         (2)  Maintain a register that lists all trained municipal
     5     auditors. The register shall be open to public inspection.
     6         (3)  Provide copies of the register to the public upon
     7     payment of a nominal fee.
     8         (4)  Determine and approve reasonable fees for training
     9     and continuing education programs and for testing and
    10     titling. The individual shall bear the cost of the program,
    11     testing and titling, unless the municipality agrees to pay
    12     for the cost in whole or in part.
    13  Section 7.  Unlawful activity.
    14     It shall be unlawful, on or after the effective date of this
    15  act, for any individual to hold himself or herself out as being
    16  trained under this act unless the individual holds a current,
    17  valid trained municipal auditor certificate.
    18  Section 8.  Participation in programs.
    19     (a)  General rule.--Nothing in this act shall prevent any
    20  individual from participating in the department's training and
    21  continuing education programs and from obtaining the title of
    22  "Trained Municipal Auditor."
    23     (b)  Nature of participation.--Participation in the training,
    24  examination and continuing education under this act is
    25  voluntary. Failure to participate, to complete or to take the
    26  examination shall not disqualify a person from holding office or
    27  from performing that person's official duties.
    28  Section 9.  Effective date.
    29     This act shall take effect in 60 days.

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