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PRINTER'S NO. 969
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
771
Session of
2017
INTRODUCED BY McGARRIGLE, EICHELBERGER, HUTCHINSON, BLAKE AND
SCHWANK, JUNE 16, 2017
REFERRED TO LOCAL GOVERNMENT, JUNE 16, 2017
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and 11
(Cities) of the Pennsylvania Consolidated Statutes, in powers
and duties of elected officials, further providing for
completion, filing and publication of auditor's report and
financial statement; and, in accounts and finances, further
providing for annual reports, publication, filing report with
Department of Community and Economic Development and penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1059.1(a) and (b.1) of Title 8 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1059.1. Completion, filing and publication of auditor's
report and financial statement.
(a) [Reports.] Report.--The auditors shall complete the
annual audit, adjustment and settlement as soon as possible
after the end of the fiscal year. The auditors shall, within ten
days after completing the annual audit, publish once, in at
least one newspaper of general circulation, [a] concise
financial [statement setting forth all of the following:
(1) The balance in the treasury at the beginning of the
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fiscal year.
(2) All revenue received during the fiscal year by major
classifications.
(3) All expenditures made during the fiscal year by
major functions and the current resources and liabilities of
the borough at the end of the fiscal year.
(4) The gross liability and net debt of the borough.
(5) The amount of assessed valuation of the borough.
(6) The assets of the borough with their character and
value.
(7) The date of the last maturity of the respective
forms of funded debt.
(8) The assets in each sinking fund.] information
prepared or approved by the auditors and consistent with the
audited financial statements for total assets, total
liabilities and total net position at the end of the fiscal
year and total revenue, total expenses and changes in total
net position for that fiscal year and a reference to a place
within the borough where copies of the financial statements
and accompanying audit report may be examined. If the full
financial statements and accompanying audit report are not
published, copies shall be supplied to the publishing
newspaper when the request for publication is submitted.
* * *
(b.1) Filing of [reports] report and penalties.--The
[reports] report shall be prepared no later than 90 days after
the close of the fiscal year. It shall be the duty of the
secretary of the auditors to file a copy of the report with the
secretary of the borough, with the clerk of the court of common
pleas of the county or the prothonotary under local rules of
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court, with the Department of Transportation and with the
Department of Community and Economic Development no later than
90 days after the close of the fiscal year. Any secretary of the
auditors refusing or willfully neglecting to file the report
commits a summary offense. If the failure to file the report
within the period specified is due to the failure of any or all
of the auditors to prepare the statement upon which the report
is to be based, the auditor commits a summary offense.
* * *
Section 2. Section 11812(b)(2) and (3) of Title 11 is
amended to read:
§ 11812. Annual reports, publication, filing report with
Department of Community and Economic Development and
penalty.
* * *
(b) Publication.--
* * *
(2) [The report and financial statement] The concise
financial information approved by the independent auditor and
consistent with the audited financial statements for total
assets, total liabilities and total net position at the end
of the fiscal year and total revenue, total expenses and
changes in total net position for that fiscal year and a
reference to a place within the city where copies of the
financial statements and accompanying auditor's report may be
examined shall be published in a newspaper of general
circulation as required by section 10109 (relating to
publication of notices) at least 10 days prior to the April
meeting scheduled pursuant to subsection (a). If the full
financial statements and accompanying auditor's report are
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not published, copies shall be supplied to the publishing
newspaper when the request for publication is submitted.
(3) Before the report or statement is made or the
concise financial information is published, it shall be
approved by the independent auditor, who may approve it,
subject to exceptions. Council may cause the statement to be
printed in pamphlet form in addition to the publications
made.
* * *
Section 3. This act shall take effect in 60 days.
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