SENATE AMENDED
PRIOR PRINTER'S NOS. 1651, 1778, 2110, PRINTER'S NO. 3045
2514
No. 1405 Session of 2001
INTRODUCED BY BARD, HERMAN, ROSS, LESCOVITZ AND TANGRETTI,
APRIL 24, 2001
SENATOR BRIGHTBILL, RULES AND EXECUTIVE NOMINATIONS, IN SENATE,
RE-REPORTED AS AMENDED, DECEMBER 10, 2001
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for assistant county solicitors, FOR CLASSIFICATION <--
10 OF COUNTIES, FOR EXPENSES OF ELECTED COUNTY OFFICERS
11 ATTENDING THE ANNUAL MEETINGS OF THEIR ASSOCIATIONS, FOR
12 OTHER MEETING EXPENSES PAID BY THE COUNTIES, for reports and
13 for preparation and filing of proposed budget; and making
14 editorial changes.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 904 of the act of August 9, 1955 <--
18 (P.L.323, No.130), known as The County Code, amended December
19 22, 1981 (P.L.524, No.147), is amended to read:
20 Section 904. Assistant County Solicitors.--The county
21 commissioners may appoint [not more than three] one or more
22 assistant county solicitors, and, with the approval of the court
1 of common pleas, special counsel who shall be attorneys at law
2 admitted to practice in the courts of this Commonwealth. Each
3 assistant and special counsel shall perform such duties in
4 connection with the legal affairs of the county as may be
5 assigned to him by the county commissioners or the county
6 solicitor.
7 Section 2. Section 1720 of the act, amended May 6, 1981
8 (P.L.49, No.16), is amended to read:
9 SECTION 1. SECTION 1720 OF THE ACT OF AUGUST 9, 1955 <--
10 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AMENDED MAY 6, 1981
11 (P.L.49, NO.16), IS AMENDED TO READ:
12 SECTION 1. SECTION 210 OF THE ACT OF AUGUST 9, 1955 <--
13 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AMENDED FEBRUARY 5,
14 1982 (P.L.7, NO.3), IS AMENDED TO READ:
15 SECTION 210. COUNTIES DIVIDED INTO NINE CLASSES.--FOR THE
16 PURPOSES OF LEGISLATION AND THE REGULATION OF THEIR AFFAIRS,
17 COUNTIES OF THIS COMMONWEALTH, NOW IN EXISTENCE AND THOSE
18 HEREAFTER CREATED, SHALL BE DIVIDED INTO NINE CLASSES AS
19 FOLLOWS:
20 (1) FIRST CLASS COUNTIES, THOSE HAVING A POPULATION OF
21 1,500,000 INHABITANTS AND OVER.
22 (2) SECOND CLASS COUNTIES, THOSE HAVING A POPULATION OF
23 800,000 AND MORE BUT LESS THAN 1,500,000 INHABITANTS.
24 (2.1) SECOND CLASS A COUNTIES, THOSE HAVING A POPULATION OF
25 500,000 AND MORE BUT LESS THAN 800,000 INHABITANTS.
26 (3) THIRD CLASS COUNTIES, THOSE HAVING A POPULATION OF
27 [225,000] 210,000 AND MORE BUT LESS THAN 500,000 INHABITANTS.
28 (4) FOURTH CLASS COUNTIES, THOSE HAVING A POPULATION OF
29 [150,000] 145,000 AND MORE BUT LESS THAN [225,000] 210,000
30 INHABITANTS.
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1 (5) FIFTH CLASS COUNTIES, THOSE HAVING A POPULATION OF
2 95,000 AND MORE BUT LESS THAN [150,000] 145,000 INHABITANTS.
3 (6) SIXTH CLASS COUNTIES, THOSE HAVING A POPULATION OF
4 45,000 AND MORE BUT LESS THAN 95,000 INHABITANTS AND THOSE
5 HAVING A POPULATION OF 35,000 AND MORE BUT LESS THAN 45,000
6 INHABITANTS WHICH BY ORDINANCE OR RESOLUTION OF THE BOARD OF
7 COUNTY COMMISSIONERS ELECT TO BE A COUNTY OF THE SIXTH CLASS.
8 (7) SEVENTH CLASS COUNTIES, THOSE HAVING A POPULATION OF
9 20,000 OR MORE BUT LESS THAN 45,000 INHABITANTS AND THOSE HAVING
10 A POPULATION OF 35,000 AND MORE BUT LESS THAN 45,000 INHABITANTS
11 WHICH HAVE NOT ELECTED TO BE A COUNTY OF THE SIXTH CLASS.
12 (8) EIGHTH CLASS COUNTIES, THOSE HAVING A POPULATION OF LESS
13 THAN 20,000 INHABITANTS.
14 SECTION 2. SECTION 443 OF THE ACT, AMENDED NOVEMBER 23, 1994
15 (P.L.640, NO.98), IS AMENDED TO READ:
16 SECTION 443. EXPENSES OF ATTENDING MEMBERS TO BE PAID BY
17 COUNTY; TIME LIMIT ON MEETINGS.--(A) THE ACTUAL EXPENSES OF ALL
18 AUTHORIZED ELECTED COUNTY OFFICERS ATTENDING THE ANNUAL MEETINGS
19 OF THEIR ASSOCIATIONS SHALL BE PAID BY THE SEVERAL COUNTIES OUT
20 OF THE GENERAL COUNTY FUND. EACH OF THESE OFFICERS, EXCEPT THE
21 COUNTY COMMISSIONERS, SHALL BE REIMBURSED FOR ACTUAL EXPENSES
22 NOT TO EXCEED [ONE HUNDRED TEN DOLLARS ($110)] ONE HUNDRED
23 SEVENTY-FIVE DOLLARS ($175) PER DAY FOR THE NUMBER OF DAYS
24 SPECIFIED IN SUBSECTION (B) OF THIS SECTION, TOGETHER WITH
25 MILEAGE GOING TO AND RETURNING FROM SUCH MEETING AND THE
26 REGISTRATION FEE. THE SUM OF ONE HUNDRED SEVENTY-FIVE DOLLARS
27 ($175) PER DAY AS SET FORTH IN THIS SUBSECTION SHALL BE ADJUSTED
28 ANNUALLY BY THE ANNUAL INCREASE IN THE COST OF LIVING AS
29 DETERMINED ANNUALLY BY THE UNITED STATES DEPARTMENT OF LABOR.
30 (A.1) THE ACTUAL EXPENSES OF ALL AUTHORIZED NONELECTED
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1 COUNTY OFFICERS AND EMPLOYES ATTENDING THE ANNUAL MEETINGS OF
2 THEIR ASSOCIATIONS MAY BE PAID BY THE SEVERAL COUNTIES OUT OF
3 THE COUNTY GENERAL FUND. EACH OF THESE OFFICERS MAY BE
4 REIMBURSED FOR ACTUAL EXPENSES IN AN AMOUNT NOT TO EXCEED [ONE
5 HUNDRED TEN DOLLARS ($110)] ONE HUNDRED SEVENTY-FIVE DOLLARS
6 ($175) PER DAY FOR THE NUMBER OF DAYS SPECIFIED IN SUBSECTION
7 (B) OF THIS SECTION, TOGETHER WITH MILEAGE GOING TO AND
8 RETURNING FROM SUCH MEETINGS AND THE REGISTRATION FEE. THE SUM
9 OF ONE HUNDRED SEVENTY-FIVE DOLLARS ($175) PER DAY SHALL BE
10 ADJUSTED ANNUALLY AS SET FORTH IN SUBSECTION (A) OF THIS
11 SECTION.
12 (A.2) EVERY DELEGATE ATTENDING THE ANNUAL MEETING SHALL
13 SUBMIT TO THE COUNTY AN ITEMIZED ACCOUNT OF EXPENSES INCURRED AT
14 THE MEETING. THE COUNTY MAY AUTHORIZE EMPLOYES TO BE COMPENSATED
15 AT THEIR REGULAR EMPLOYE RATE DURING THEIR ATTENDANCE AT THE
16 ANNUAL MEETING. THE ACTUAL EXPENSES FOR ELECTED OFFICERS SHALL,
17 AND FOR NONELECTED OFFICERS MAY, BE PAID FOR THE NUMBER OF DAYS
18 SPECIFIED IN SUBSECTION (B). IN ADDITION, ELECTED COUNTY
19 OFFICERS SHALL RECEIVE, AND NONELECTED COUNTY OFFICERS AND
20 EMPLOYES MAY RECEIVE, ACTUAL EXPENSES NOT TO EXCEED [ONE HUNDRED
21 TEN DOLLARS ($110)] ONE HUNDRED SEVENTY-FIVE DOLLARS ($175) PER
22 DAY FOR EACH DAY NOT IN EXCESS OF TWO IN GOING TO AND RETURNING
23 FROM SUCH MEETING. THE SUM OF ONE HUNDRED SEVENTY-FIVE DOLLARS
24 ($175) PER DAY SHALL BE ADJUSTED ANNUALLY AS SET FORTH ABOVE.
25 (B) THE ANNUAL MEETING OF THE ASSOCIATION OF COUNTY
26 COMMISSIONERS, COUNTY SOLICITORS AND CHIEF CLERKS SHALL NOT
27 EXCEED FOUR DAYS, THAT OF THE DISTRICT ATTORNEYS SHALL NOT
28 EXCEED THREE DAYS, AND THOSE OF ALL OTHER STATE ASSOCIATIONS
29 SHALL NOT EXCEED THREE DAYS IN EVERY CASE, EXCLUSIVE OF THE TIME
30 SPENT IN TRAVELING TO AND FROM THE SAID MEETINGS.
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1 SECTION 3. SECTION 444 OF THE ACT, AMENDED DECEMBER 12, 1980
2 (P.L.1174, NO.216), IS AMENDED TO READ:
3 SECTION 444. OTHER MEETING EXPENSES PAID BY COUNTIES.--(A)
4 IN ADDITION TO THE EXPENSES HEREINBEFORE AUTHORIZED, THE
5 NECESSARY EXPENSES OF THE ANNUAL MEETINGS OF THE ASSOCIATIONS
6 HEREINAFTER NAMED, INCLUDING ANNUAL ASSOCIATION DUES, PRINTING,
7 COMMITTEE EXPENSES AND STENOGRAPHICAL EXPENSE, SHALL BE PAID IN
8 EQUAL PARTS BY THE SEVERAL COUNTIES WHOSE OFFICERS ARE MEMBERS
9 OF THE RESPECTIVE ASSOCIATIONS.
10 (B) IN THE CASE OF COUNTY COMMISSIONERS, COUNTY SOLICITOR
11 AND COUNTY CLERK, COUNTY CONTROLLERS, COUNTY AUDITORS, SHERIFFS,
12 REGISTER OF WILLS, CLERKS OF ORPHANS' COURTS, COUNTY TREASURERS,
13 RECORDERS OF DEEDS, PROTHONOTARIES, CLERKS OF COURTS, PUBLIC
14 DEFENDERS, DISTRICT ATTORNEYS, JURY COMMISSIONERS AND CORONERS,
15 THE PORTION OF THE ANNUAL EXPENSES CHARGED TO EACH COUNTY OF THE
16 THIRD AND FOURTH CLASS SHALL NOT EXCEED [FOUR HUNDRED DOLLARS
17 ($400)] SIX HUNDRED DOLLARS ($600), TO EACH COUNTY OF THE FIFTH
18 AND SIXTH CLASS, [THREE HUNDRED DOLLARS ($300)] FIVE HUNDRED
19 DOLLARS ($500), TO EACH COUNTY OF THE SEVENTH AND EIGHTH CLASS,
20 [TWO HUNDRED DOLLARS ($200)] FOUR HUNDRED DOLLARS ($400), AND IN
21 THE CASE OF THE DIRECTORS OF VETERANS' AFFAIRS THE PORTION
22 CHARGED TO EACH COUNTY SHALL NOT EXCEED [FIFTY DOLLARS ($50)]
23 ONE HUNDRED DOLLARS ($100), AND IN THE CASE OF THE PROBATION
24 OFFICERS AN ANNUAL MEMBERSHIP SUBSCRIPTION NOT EXCEEDING [SIX
25 DOLLARS ($6)] TEN DOLLARS ($10) PER MEMBER SHALL BE PAID BY THE
26 COUNTY, AND SHALL BE IN LIEU OF THE EXPENSES HEREINBEFORE IN
27 THIS SECTION PROVIDED FOR OTHER COUNTY OFFICERS.
28 SECTION 4. SECTION 1720 OF THE ACT, AMENDED MAY 6, 1981
29 (P.L.49, NO.16), IS AMENDED TO READ:
30 Section 1720. Controller's Settlement of Accounts; Report to
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1 Common Pleas; Publications; Financial Report to Department of
2 Community [Affairs] and Economic Development.--The controller
3 shall, at the end of each fiscal year, complete the audit,
4 settlement and adjustment of the accounts of all county
5 officers. He shall, before the first day of April in every year,
6 make a report, verified by oath or affirmation, to the Court of
7 Common Pleas of said county, of all receipts and expenditures of
8 the county for the preceding year, in detail, and classified by
9 reference to the object thereof, together with a full statement
10 of the financial conditions of the county. A concise summary of
11 this report shall thereupon be published one time in such
12 newspapers published in said county as the controller may
13 direct, but the aggregate cost thereof shall not exceed fifteen
14 hundred dollars ($1500) in any one year in any county, to be
15 paid for out of the county treasury. Such report may also be
16 published in printed pamphlets at the cost of the county, the
17 number and cost of such pamphlets to be determined by the
18 controller and the county commissioners. The controller shall
19 also, before the first day of April, make an annual report to
20 the Department of Community [Affairs] and Economic Development
21 of the financial condition of the county, on forms furnished by
22 the Secretary of Community [Affairs] and Economic Development,
23 and subject to the penalties provided in section one thousand
24 seven hundred twenty-one of this act for auditors refusing or
25 neglecting to make similar reports. Within the summary of the
26 auditor's or controller's report, there shall be a notice to the
27 public that the entire text of the report shall be available for
28 public inspection during regular business hours in the office of
29 the auditor or controller.
30 Section 3 2 5. Sections 1781 and 1782.1 of the act, amended <--
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1 or added December 14, 1967 (P.L.831, No.357), are amended to
2 read:
3 Section 1781. Preparation of Proposed Annual Budget.--(a)
4 The commissioners, at least thirty days prior to adopting the
5 budget, shall begin the preparation of the proposed budget for
6 the succeeding fiscal year.
7 (b) The controller shall transmit to the commissioners a
8 comparative statement of revenues for the current and the
9 immediately preceding fiscal year, and a comparative statement
10 of expenditures, including interest due and to fall due on all
11 lawful interest bearing debts of the county for the same years.
12 (c) The controller's statement shall also indicate the
13 amounts of all appropriation requests, submitted to the
14 controller or to the commissioners and supplied by them to the
15 controller, from the several county offices and agencies,
16 including estimates of expenditures contemplated by the
17 commissioners as forwarded by them to the controller.
18 (d) Said statements, shall be in such form and detail as the
19 commissioners direct [, shall be prepared upon a form or forms
20 furnished, as provided in this subdivision, by the Department of
21 Community Affairs of the Commonwealth]. With this information as
22 a guide, the commissioners shall, within a reasonable time,
23 begin the preparation of a proposed budget for the succeeding
24 fiscal year.
25 (e) In counties not having a controller, the commissioners
26 shall prepare the statements hereinbefore required.
27 Section 1782.1. Amending Budget; Notice.--During the month
28 of January next following any municipal election the
29 commissioners of any county may amend the budget and the levy
30 and tax rate to conform with its amended budget. A period of ten
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1 days' public inspection at the office of the chief clerk of the
2 proposed amended budget, after notice by the chief clerk to that
3 effect is published once in a newspaper as provided in section
4 110 of this act, shall intervene between the proposed amended
5 budget and the adoption thereof. Any amended budget must be
6 adopted by county commissioners on or before the fifteenth day
7 of February.
8 No such proposed amended budget shall be revised upward in
9 excess of ten per centum in the aggregate thereof or as to an
10 individual item in excess of twenty-five per centum of the
11 amount of such individual item in the proposed amended budget.
12 [Within fifteen days after the adoption of an amended budget
13 the chief clerk shall file a copy thereof in the office of the
14 Department of Community Affairs.]
15 Section 4 3 6. Section 1782.3 of the act, added August 18, <--
16 1977 (P.L.198, No.58), is amended to read:
17 Section 1782.3. Amending Budget, Levy and Tax Rate; Revising
18 Tax Duplicates; Filing.--[(a)] At any time prior to the time
19 tax duplicates are sent by the county in any year, the
20 commissioners of any county may amend the budget and the levy
21 and tax rate and revise the tax duplicate to conform with its
22 amended budget when such county shall receive unanticipated
23 revenues which may be expended during such county's fiscal year
24 where such unanticipated revenues may enable the commissioners
25 of such county to reduce the levy and tax rate to conform with
26 its amended budget.
27 [(b) Within fifteen days after any amendment to the budget
28 and levy and tax rate, the commissioners shall file a copy
29 thereof in the office of the Department of Community Affairs.]
30 Section 5 4 7. Section 1783 of the act, amended October 5, <--
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1 1967 (P.L.342, No.147), is amended to read:
2 Section 1783. Annual Budget Appropriations and Tax Rate[;
3 Filing Budget].--The budget shall reflect as nearly as possible
4 the estimated revenues and expenditures for the year for which
5 it is prepared. [It shall be prepared on forms provided in
6 accordance with this subdivision by the Department of Community
7 Affairs.] The commissioners shall, upon adopting the budget,
8 adopt the appropriation measures required to put it into effect,
9 and shall fix such rate of taxation upon the valuation of the
10 property taxable for county purposes as will, together with all
11 other estimated revenues of the county, raise a sufficient sum
12 to meet the said expenditures. [Within fifteen days after the
13 adoption of the budget, the commissioners shall file a copy
14 thereof in the office of the Department of Community Affairs.]
15 Section 6 5. This act shall take effect in 60 days. <--
16 SECTION 8. ANY COUNTY WHOSE CLASSIFICATION UPON THE <--
17 EFFECTIVE DATE OF THIS SECTION WOULD BE ADVANCED FROM ITS
18 CLASSIFICATION DURING THE PRECEDING DECADE AS A RESULT OF THE
19 AMENDMENT OF SECTION 210 OF THE ACT SHALL RETAIN THE
20 CLASSIFICATION OF THE COUNTY EXISTING DURING THE PRECEDING
21 DECADE UNLESS THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
22 ELECTS BY ORDINANCE OR RESOLUTION TO ADVANCE ITS CLASSIFICATION.
23 SECTION 9. PRIOR TO JANUARY 1, 2002, THE GOVERNOR SHALL
24 NOTIFY, IN ACCORDANCE WITH SECTION 211(B) OF THE ACT, THE BOARD
25 OF COUNTY COMMISSIONERS OF THE AMENDMENT OF SECTION 210 OF THE
26 ACT AND OF THE EFFECT OF THAT AMENDMENT.
27 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
28 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
29 IMMEDIATELY:
30 (I) THE AMENDMENT OF SECTIONS 210, 443 AND 444 OF
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1 THE ACT.
2 (II) SECTIONS 8 AND 9 OF THIS ACT.
3 (III) THIS SECTION.
4 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
5 DAYS.
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