HOUSE AMENDED
PRIOR PRINTER'S NOS. 255, 1594 PRINTER'S NO. 2178
No. 254 Session of 1981
INTRODUCED BY EARLY AND O'PAKE, FEBRUARY 3, 1981
AS RE-REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 9, 1982
AN ACT
1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
2 as amended, "An act relating to counties of the second class
3 and second class A; amending, revising, consolidating and
4 changing the laws relating thereto," authorizing the <--
5 establishment of horse riding trails and show rings in county
6 parks. FURTHER PROVIDING FOR IMPROVEMENTS IN PUBLIC PARKS, <--
7 AUTHORIZING THE ESTABLISHMENT AND MAINTENANCE OF HORSE SHOW
8 RINGS IN PUBLIC PARKS, FURTHER PROVIDING FOR TAX LEVIES AND <--
9 MAKING AN EDITORIAL CHANGE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 3028, act of July 28, 1953 (P.L.723, <--
13 No.230), known as the "Second Class County Code," is amended to
14 read:
15 SECTION 1. SECTION 1970, ACT OF JULY 28, 1953 (P.L.723, <--
16 NO.230), KNOWN AS THE "SECOND CLASS COUNTY CODE," AMENDED MAY
17 22, 1981 (P.L.76, NO.24), IS AMENDED TO READ:
18 SECTION 1970. TAX LEVIES.--NO TAX SHALL BE LEVIED ON
19 PERSONAL PROPERTY TAXABLE FOR COUNTY PURPOSES WHERE THE RATE OF
20 TAXATION THEREON IS FIXED BY LAW OTHER THAN AT THE RATE SO
1 FIXED. THE COUNTY COMMISSIONERS SHALL FIX, BY RESOLUTION, THE
2 RATE OF TAXATION FOR EACH YEAR. THE TAX LEVIED SHALL BE FOR THE
3 PURPOSE OF CREATING A GENERAL FUND TO PAY EXPENSES INCURRED FOR
4 GENERAL COUNTY PURPOSES, FOR THE PAYMENT OF THE MATTERS
5 CONNECTED WITH ROADS PROVIDED FOR IN SUBSECTION (G) OF SECTION
6 2901 HEREOF, FOR THE PAYMENT OF THE MATTERS CONNECTED WITH PARKS
7 AND RELATED MATTERS PROVIDED FOR IN SECTIONS 3007 AND 3035
8 HEREOF[, AND FOR THE PAYMENT OF EXPENSES CONNECTED WITH THE
9 OPERATION OF A COMMUNITY COLLEGE AS PROVIDED BY LAW]. NO SUCH
10 TAX IN ANY COUNTY OF THE SECOND CLASS, SHALL IN ANY ONE YEAR
11 EXCEED THE RATE OF TWENTY MILLS ON EVERY DOLLAR OF THE ADJUSTED
12 VALUATION: PROVIDED, HOWEVER, THAT THE RATE OF TAXATION FOR
13 PAYMENT OF INTEREST AND PRINCIPAL ON ANY INDEBTEDNESS INCURRED
14 PURSUANT TO THE ACT OF JULY 12, 1972 (P.L.781, NO.185), KNOWN AS
15 THE "LOCAL GOVERNMENT UNIT DEBT ACT," OR ANY PRIOR OR SUBSEQUENT
16 ACT GOVERNING THE INCURRENCE OF INDEBTEDNESS OF THE COUNTY SHALL
17 BE UNLIMITED. NO TAX FOR GENERAL COUNTY PURPOSES IN ANY COUNTY
18 OF THE SECOND CLASS A SHALL IN ANY ONE YEAR EXCEED THE RATE OF
19 THIRTY MILLS ON EVERY DOLLAR OF THE ADJUSTED VALUATION:
20 PROVIDED, HOWEVER, THAT THE RATE OF TAXATION FOR PAYMENT OF
21 INTEREST AND PRINCIPAL ON ANY INDEBTEDNESS INCURRED PURSUANT TO
22 THE ACT OF JULY 12, 1972 (P.L.781, NO.185), KNOWN AS THE "LOCAL
23 GOVERNMENT UNIT DEBT ACT," OR ANY PRIOR OR SUBSEQUENT ACT
24 GOVERNING THE INCURRENCE OF INDEBTEDNESS OF THE COUNTY SHALL BE
25 UNLIMITED. IN FIXING THE RATE OF TAXATION, THE COUNTY
26 COMMISSIONERS IF THE RATE IS FIXED IN MILLS, SHALL ALSO INCLUDE
27 IN THE RESOLUTION A STATEMENT EXPRESSING THE RATE OF TAXATION IN
28 DOLLARS AND CENTS ON EACH ONE HUNDRED DOLLARS OF ASSESSED
29 VALUATION OF TAXABLE PROPERTY.
30 SECTION 2. SECTIONS 3001 AND 3002 OF THE ACT ARE AMENDED TO <--
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1 READ:
2 SECTION 1. SECTIONS 3001 AND 3002, ACT OF JULY 28, 1953 <--
3 (P.L.723, NO.230), KNOWN AS THE "SECOND CLASS COUNTY CODE," IS
4 AMENDED TO READ:
5 SECTION 3001. ACQUISITION OF LAND AND BUILDINGS FOR
6 RECREATION PLACES.--(A) THE COUNTY COMMISSIONERS MAY DESIGNATE
7 AND SET APART FOR USE AS PARKS, PARKWAYS, BRIDLE PATHS, HORSE
8 SHOW RINGS, FOOT PATHS, PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS,
9 PUBLIC BATHS, SWIMMING POOLS OR INDOOR RECREATION CENTERS, AND
10 AS AGRICULTURAL FAIRGROUNDS, ANY LANDS OR BUILDINGS OWNED BY
11 SUCH COUNTY AND NOT DEDICATED OR DEVOTED TO OTHER PUBLIC USE.
12 (B) THE COUNTY COMMISSIONERS MAY ALSO ACQUIRE LANDS OR
13 BUILDINGS FOR SUCH PURPOSES BY GIFT, PURCHASE OR MAY LEASE LANDS
14 OR BUILDINGS IN SUCH COUNTY FOR TEMPORARY USE FOR SUCH PURPOSES.
15 SECTION 3002. EQUIPMENT AND MAINTENANCE.--THE AUTHORITY TO
16 SUPERVISE, BUILD AND MAINTAIN FAIRGROUNDS, PARKS, PARKWAYS,
17 BRIDLE PATHS, HORSE SHOW RINGS, FOOTPATHS, PLAYGROUNDS,
18 PLAYFIELDS, GYMNASIUMS, PUBLIC BATHS, SWIMMING POOLS OR INDOOR
19 RECREATION CENTERS MAY BE VESTED IN ANY EXISTING BODY OR BOARD,
20 OR IN A PARK BOARD, OR RECREATION BOARD, OR FAIR BOARD, AS THE
21 COUNTY COMMISSIONERS MAY DETERMINE. THE COUNTY COMMISSIONERS OF
22 THE COUNTY MAY EQUIP, OPERATE AND MAINTAIN THE FAIRGROUNDS,
23 PARKS, PARKWAYS, BRIDLE PATHS, HORSE SHOW RINGS, FOOT PATHS,
24 PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS, SWIMMING POOLS, PUBLIC
25 BATHS OR INDOOR RECREATION CENTERS AS AUTHORIZED BY THIS ACT,
26 AND MAY, FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS
27 ACT, EMPLOY PLAY LEADERS, RECREATION DIRECTORS, SUPERVISORS,
28 SUPERINTENDENTS OR ANY OTHER OFFICERS OR EMPLOYES, AS THEY DEEM
29 PROPER.
30 SECTION 3 2. SECTION 3003 OF THE ACT, AMENDED AUGUST 10, <--
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1 1965 (P.L.321, NO.170) AND REPEALED INSOFAR AS INCONSISTENT
2 OCTOBER 4, 1978 (P.L.909, NO.173), IS AMENDED TO READ:
3 SECTION 3003. FAIR, PARK AND RECREATION BOARDS.--(A) IF THE
4 COUNTY COMMISSIONERS SHALL DETERMINE THAT THE POWER TO SUPERVISE
5 FAIRGROUNDS, PARKS, PARKWAYS, BRIDLE PATHS, HORSE SHOW RINGS,
6 FOOT PATHS, PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS, PUBLIC BATHS,
7 SWIMMING POOLS OR RECREATION CENTERS SHALL BE EXERCISED BY A
8 PARK BOARD OR RECREATION BOARD OR FAIR BOARD, THEY MAY ESTABLISH
9 IN SAID COUNTY SUCH FAIR BOARD, PARK BOARD OR RECREATION BOARD,
10 WHICH SHALL POSSESS ALL THE POWERS AND BE SUBJECT TO ALL THE
11 RESPONSIBILITIES OF THE RESPECTIVE COUNTY COMMISSIONERS. ANY OF
12 SUCH BOARDS WHEN ESTABLISHED, SHALL CONSIST OF A MINIMUM OF FIVE
13 PERSONS AND A MAXIMUM OF NINE PERSONS.
14 (B) THE MEMBERS OF SUCH BOARDS SHALL BE APPOINTED BY THE
15 COMMISSIONERS OF SUCH COUNTY AND SHALL BE APPOINTED FOR A TERM
16 TO EXTEND NO LONGER THAN FIVE YEARS AND THE TERMS OF THE MEMBERS
17 SHALL BE STAGGERED IN SUCH A MANNER THAT AT LEAST ONE EXPIRES
18 ANNUALLY. MEMBERS OF SUCH BOARD SHALL SERVE WITHOUT PAY. [WOMEN
19 SHALL BE ELIGIBLE FOR APPOINTMENT.] VACANCIES IN SUCH BOARD
20 OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE FOR THE
21 UNEXPIRED TERM AND SHALL BE FILLED IN THE SAME MANNER AS
22 ORIGINAL APPOINTMENTS.
23 SECTION 4 3. SECTIONS 3005 AND 3006, SUBSECTION (A) OF <--
24 SECTION 3007 AND SECTION 3028 OF THE ACT ARE AMENDED TO READ:
25 SECTION 3005. JOINT ACTION.--THE COUNTY AUTHORIZED BY THIS
26 ACT TO ACQUIRE PROPERTY FOR AND OPERATE AND MAINTAIN ANY
27 FAIRGROUNDS, PARKS, PARKWAYS, BRIDLE PATHS, HORSE SHOW RINGS,
28 FOOT PATHS, PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS, PUBLIC BATHS,
29 SWIMMING POOLS OR INDOOR RECREATION CENTERS MAY ACQUIRE PROPERTY
30 FOR SUCH PURPOSES, AND OPERATE AND MAINTAIN THE SAME JOINTLY
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1 WITH ANY OTHER COUNTY OR ANY CITY, BOROUGH, TOWNSHIP OR SCHOOL
2 DISTRICT.
3 SECTION 3006. INDEBTEDNESS.--THE COUNTY COMMISSIONERS MAY
4 ISSUE BONDS FOR THE PURPOSE OF ACQUIRING LANDS OR BUILDINGS FOR
5 FAIRGROUNDS, PARKS, PARKWAYS, BRIDLE PATHS, HORSE SHOW RINGS,
6 FOOT PATHS, PLAYGROUNDS, PLAYFIELDS, GYMNASIUMS, PUBLIC BATHS,
7 SWIMMING POOLS OR INDOOR RECREATION CENTERS, AND FOR THE
8 EQUIPMENT THEREOF.
9 SECTION 3007. PAYMENT OF EXPENSES; TAXATION; ANNUAL FAIRS;
10 STATE CONTRIBUTIONS.--(A) ALL EXPENSES INCURRED IN THE
11 OPERATION OF SUCH FAIRGROUNDS, PARKS, PARKWAYS, BRIDLE PATHS,
12 HORSE SHOW RINGS, FOOT PATHS, PLAYGROUNDS, PLAYFIELDS,
13 GYMNASIUMS, SWIMMING POOLS, PUBLIC BATHS AND INDOOR RECREATION
14 CENTERS, ESTABLISHED AS HEREIN PROVIDED, SHALL BE PAYABLE FROM
15 THE TREASURY OF SUCH COUNTY. THE COUNTY COMMISSIONERS MAY
16 ANNUALLY APPROPRIATE AND CAUSE TO BE RAISED BY TAXATION SUCH
17 TAX, NOT TO EXCEED TWO MILLS ON THE DOLLAR OF THE ASSESSED
18 VALUATION OF TAXABLE PROPERTY IN SUCH COUNTY, FOR THE PURPOSE OF
19 MAINTAINING AND OPERATING SUCH FAIRGROUNDS, PARKS, PARKWAYS,
20 BRIDLE PATHS, HORSE SHOW RINGS, FOOT PATHS, PLAYGROUNDS,
21 PLAYFIELDS, GYMNASIUMS, PUBLIC BATHS, SWIMMING POOLS AND
22 RECREATION CENTERS.
23 * * *
24 Section 3028. Improvements in Parks.--The county
25 commissioners shall have the power to govern, manage, operate,
26 lay out, plant and ornament the said public parks, and to
27 maintain the same in good order and repair, and to construct all
28 proper bridges, buildings, roadways, lakes, golf courses,
29 playgrounds, horse riding trails BRIDLE PATHS, horse show rings <--
30 and other improvements therein, and to make rules and
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1 regulations for the conduct of the patrons thereof, and to
2 repress all disorders therein, under the provisions hereinafter
3 contained.
4 Section 2 5 4. This act shall take effect in 60 days. <--
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