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PRINTER'S NO. 235
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
264
Session of
2019
INTRODUCED BY MAKO, DUNBAR, BERNSTINE, MACKENZIE, JAMES, RYAN,
MURT, NEILSON, MILLARD, KEEFER, GROVE, SIMMONS AND SAYLOR,
JANUARY 29, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 29, 2019
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for money of authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5612(a) and (b) of Title 53 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
ยง 5612. Money of authority.
(a) Treasurer.--[All money of any authority from whatever
source derived shall be paid to the] The treasurer of [the] an
authority[.], or other designated recipient, shall receive the
money due the authority and deposit the money in an account with
a designated depository. The money shall be remitted in the name
of the authority or designated recipient and may not include the
name of an individual.
* * *
(a.2) Fiscal procedures.--
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(1) An authority shall establish, according to generally
accepted accounting principles, procedures to bill customers,
collect payments, issue receipts, handle funds received and
deposit money in an account or accounts managed by a
designated depository. All bill payments shall be made in the
name of the authority or designated public or contracted
entity collecting revenue and shall not include the name of
an individual.
(2) The required annual audit and financial report of
the authority shall be presented at a meeting of the
authority board, discussed publicly and require an official
vote of acceptance.
(3) Nothing in this subsection shall be construed to
preclude an authority from adopting rules and regulations
regarding fiscal controls that are more stringent than
required by this section.
(b) Report.--
(1) Every authority [whose fiscal year ends December 31
shall file on or before July 1 an annual report of its fiscal
affairs covering the preceding calendar year with the
Department of Community and Economic Development and with the
municipality creating the authority on forms prepared and
distributed by the Department of Community and Economic
Development. Authorities whose fiscal year does not end on
December 31 shall file the report within 90 days after the
end of their fiscal year.] shall file, on or before 180 days
following the end of its fiscal year, an annual report of its
fiscal affairs covering the preceding fiscal year with the
Department of Community and Economic Development and with the
municipality or municipalities creating the authority on
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forms prepared and distributed by the Department of Community
and Economic Development. The reports shall also be provided,
and may be provided electronically, to any other municipality
that has residents served by the authority.
(2) Every authority shall have its books, accounts and
records audited annually by a certified public accountant,
and a copy of his audit report shall be filed in the same
manner and within the same time period as the annual report.
(3) A concise financial statement shall be published
annually at least once in a newspaper of general circulation
in the municipality where the principal office of the
authority is located. If the publication is not made by the
authority, the municipality shall publish such statement at
the expense of the authority.
(4) If the authority fails to make such an audit, then
the controller, auditor or accountant designated by the
municipality is hereby authorized and empowered from time to
time to examine at the expense of the authority the accounts
and books of it, including its receipts, disbursements,
contracts, leases, sinking funds, investments and any other
matters relating to its finances, operation and affairs.
* * *
Section 2. This act shall take effect in 90 days.
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