PRINTER'S NO. 619
No. 585 Session of 1995
INTRODUCED BY PISTELLA, LAUGHLIN, PRESTON, GIGLIOTTI AND TRELLO,
FEBRUARY 6, 1995
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 6, 1995
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," providing for the
5 collection of taxes on real property from rent payable by
6 tenants; further providing for the collection of tax and
7 municipal claims by suit and for the interest rate on
8 contributions when a person is separated from service;
9 providing for the purchase of credit for service immediately
10 following original employment; further providing for
11 eligibility for retirement allowances and for requirements
12 for credit for previous service; providing for deputy fire
13 marshals; and making a repeal.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
17 as the Second Class County Code, is amended by adding a section
18 to read:
19 Section 108.1. Collection of Tax on Real Property from Rent
20 Paid to Owner.--(a) Where the owner of any residential real
21 property which is subject to a claim pursuant to the act of May
22 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim
23 and Tax Lien Law, derives any rental income from that property,
1 the county treasurer shall notify the property owner in writing
2 of his duty to remit that rental income to the office of the
3 county treasurer. The rent so remitted is to be applied to the
4 amount of tax owed, along with any interest or penalties due,
5 until the claim is paid in full.
6 (b) The notice of the county treasurer shall include the
7 amount of the claim on the property, including interest and
8 penalties, and the date or dates the rental income is to be
9 remitted. If, after fifteen days of the date or dates specified
10 in the notice, the property owner fails to remit the rental
11 income, the county shall immediately begin the judicial sale
12 process provided for in the Municipal Claim and Tax Lien Law.
13 Section 2. Section 109.1 of the act, added October 5, 1990
14 (P.L.519, No.125), is amended to read:
15 Section 109.1. Collection of Tax and Municipal Claims by
16 Suit; Limitations.--(a) In addition to the remedies provided by
17 law for the collection of tax and municipal claims, the county
18 may proceed for the recovery and collection of any tax or
19 municipal claim against any owner or owners of the property
20 owing such tax or municipal claim by a civil action or other
21 appropriate remedy. To each judgment obtained for such taxes or
22 municipal claim, there shall be added a penalty of ten per cent,
23 interest at the prevailing legal rate and costs of suit. Upon
24 judgment, execution may be issued without any stay or benefit of
25 any exemption law.
26 (b) The right of the county to collect unpaid taxes or
27 municipal claims under the provisions of this section shall not
28 be affected by the fact that such tax or municipal claims have
29 or have not been entered as liens in the office of the
30 prothonotary.
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1 (c) A civil action brought to recover unpaid taxes or
2 municipal claims shall be commenced within twenty years after
3 the tax is due or after the completion of the improvement from
4 which said claim arises.
5 (d) The remedy granted under this section shall be applied
6 retroactively.
7 Section 3. Sections 1714(a) and 1715(a), (b) and (c) of the
8 act, amended December 14, 1989 (P.L.631, No.75), are amended to
9 read:
10 Section 1714. Separation from Service; Refund of
11 Contribution.--(a) Any person contributing monthly or bi-weekly
12 into the retirement fund who shall, for any cause, cease to be a
13 county employe before he or she shall be eligible to receive the
14 benefits of the retirement allowances, the total amount of the
15 contributions paid into the retirement fund by such county
16 employe shall be refunded to him or her by the board, or, in the
17 event of the death of any such county employe, the amount of
18 said contributions shall be paid to such person or persons as he
19 or she shall have designated in writing, as filed with the
20 board, as his or her beneficiary, or to his or her estate. If no
21 person or persons have been designated as his or her
22 beneficiary, or no notice has been filed with the board to pay
23 the amount of such contributions to his or her estate, as herein
24 provided, then the board is herewith authorized to pay such
25 contributions to the executor, administrator, surviving spouse,
26 or next of kin of the deceased county employe. In the event the
27 surviving spouse or next of kin of the decedent cannot be found
28 for the purpose of making distribution of such contributions for
29 a period of seven years from the death of the said county
30 employe, then the aforesaid contributions shall be escheated to
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1 the Commonwealth for the benefit of the retirement system. In
2 addition thereto, simple interest shall be paid at a monthly
3 rate of interest that is equivalent to one-twelfth of the annual
4 rate of interest specified herein on contributions of the member
5 made under subsection (a) of section 1708 calculated from the
6 beginning of the month of the deposit, or withholding, or
7 payment into the fund of those contributions through the end of
8 the month of refund; and such interest credited to the
9 contributions of the member made under subsection (a) of section
10 1708 in a prior calendar year shall receive simple interest at
11 the monthly rate of interest that is equivalent to one-twelfth
12 of the annual rate of interest specified herein through the end
13 of the month of refund. The annual rate of interest shall be
14 [three per centum prior to March 1, 1981, and five per centum
15 thereafter] fixed by the board. Such contributions and interest
16 shall be paid to a county employe provided he was employed for a
17 period of two consecutive years or more and has made twenty-four
18 monthly contributions to the fund and is not eligible to receive
19 the benefits of a retirement allowance. Notwithstanding the
20 provisions of this subsection, a member who has ceased to make
21 contributions to the fund by payroll deduction shall thereafter
22 be credited with interest only for a period of years equal to
23 his years of current service under this amendment. Any person
24 who has heretofore or who shall hereafter cease to be a county
25 employe, shall thereafter cease to be a member of the retirement
26 system, except such former county employe who may be eligible to
27 receive the benefits of a retirement allowance plus a service
28 increment if any in accordance with the provisions of sections
29 1710 and 1713.
30 * * *
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1 Section 1715. Reinstatement and Requirements for Credit for
2 Previous Service.--(a) No county employe shall be permitted to
3 withdraw his or her contributions as paid into the retirement
4 fund upon transfer from one office, department or agency to
5 another. Any person who has ceased to be a county employe and
6 whose contributions as paid into the retirement fund, have been
7 refunded by the board, if such person has been reemployed by the
8 county or county institution district and desires to be given
9 credit for previous service as a county employe, he or she
10 shall[, within two years of the effective date of this
11 amendatory act, or for those who are reemployed after the
12 effective date of this amendatory act, within two years of the
13 date of reemployment,] make payment in full of the amount
14 refunded, with interest at the legal rate, the said interest to
15 be computed from the date of the refund to the date of
16 repayment. [Upon application of the employe desiring to be given
17 credit for previous service as a county employe at least sixty
18 days prior to the expiration of the period of two years from the
19 effective date of this amendatory act or the date of
20 reemployment, such employe shall be permitted to make payment in
21 full of the amount refunded, with interest at the legal rate,
22 within an additional period of one year.] Both principal and
23 interest shall be paid into the retirement fund at one time and
24 in one amount, or, upon approval of the board, both principal
25 and interest shall be consolidated into one amount and paid in
26 twenty-four or less equal monthly installments, plus interest
27 payment on monthly balances. [Whenever the time for payment in
28 full has been extended for an additional period of one year, the
29 principal and interest may be paid in a total of not more than
30 thirty-six equal monthly installments.] Upon application to the
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1 board, an employe shall be permitted to pay the principal and
2 interest in thirty-six or less equal monthly installments, plus
3 interest payment on monthly balances. Full payment thereof shall
4 be a condition precedent to the county employe being eligible to
5 receive the benefits of the retirement allowance plus a service
6 increment, if any. Such county employe shall make monthly
7 payments into the retirement fund in accordance with the
8 provisions of section 1708.
9 If any person who hereafter becomes a county employe and
10 thereafter ceases to be a county employe and his or her
11 contributions as paid into the retirement fund are refunded by
12 the board, is reemployed by the county or county institution
13 district and he or she desires to be given credit for previous
14 service as a county employe, he or she shall [within two years
15 of the date of reemployment,] make payment in full of the amount
16 refunded, with interest at the legal rate, the said interest to
17 be computed from the date of refund to the date of repayment.
18 [Upon application of any person who hereafter becomes a county
19 employe and desires to be given credit for previous service as a
20 county employe, at least sixty days prior to completion of a
21 period of two years from the date of reemployment, such employe
22 shall be permitted to make payment in full of the amount
23 refunded, with interest at the legal rate, within an additional
24 period of one year.] Both principal and interest shall be paid
25 into the retirement fund at one time and in one amount, or, upon
26 approval of the board both principal and interest shall be
27 consolidated into one amount and paid in twenty-four or less
28 equal monthly installments, plus interest payments on monthly
29 balances. Whenever the time for payment in full has been
30 extended for an additional period of one year the principal and
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1 interest may be paid in a total of not more than thirty-six
2 equal monthly installments. Full payment thereof shall be a
3 condition precedent to the county employe being eligible to
4 receive the benefits of the retirement allowance plus a service
5 increment, if any. Such county employe shall make monthly
6 payments into the retirement fund in accordance with the
7 provisions of section 1708. Any person who is a county employe
8 on the effective date of this act may make payments into the
9 retirement fund which shall cover a period of time within which
10 such person was a county employe but was not a member of the
11 retirement system because such membership was not compulsory.
12 (b) Any person who has heretofore or who hereafter ceases to
13 be a county employe and whose contributions as paid into the
14 retirement fund, have heretofore or shall hereafter be refunded
15 by the board, if such person is reemployed by the county or
16 county institution district and desires to be given credit for
17 previous service as a county employe[, except as hereinafter
18 provided], he or she shall [within two years from the date of
19 such reemployment] make payment in full of the amount refunded,
20 with interest at the legal rate, the said interest to be
21 computed from the date of the refund to the date of repayment.
22 Both principal and interest shall be paid into the retirement
23 fund at one time and in one amount[, or, upon approval of the
24 board, both principal and interest shall be consolidated into
25 one amount and paid in twenty-four or less equal monthly
26 installments, plus interest payment on monthly balances]. Upon
27 application to the board, an employe shall be permitted to pay
28 the principal and interest in thirty-six or less equal monthly
29 installments, plus interest payment on monthly balances. Full
30 payment thereof shall be a condition precedent to the county
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1 employe being eligible to receive the benefits of the retirement
2 allowance plus a service increment, if any. Such county employe
3 shall make monthly payments into the retirement fund in
4 accordance with the provisions of section 1708. No person
5 reemployed as a county employe in accordance with the provisions
6 of this subsection shall be eligible to receive a retirement
7 allowance by reason of total and permanent physical disability,
8 in accordance with the provisions of section 1711, unless he or
9 she shall be in employ for a period of not less than twenty
10 years, which said period of employment shall include credit
11 given for previous service, as herein provided. No person who is
12 ineligible to become a member of the retirement system shall be
13 eligible to receive credit for previous service as a county
14 employe, as hereinbefore provided.
15 (c) Any county employe who desires to be given credit for
16 previous service in the employ of the county as an elected or
17 appointed employe or official, where such service subsequent to
18 the first day of January, one thousand nine hundred forty, was
19 rendered to the county at a time when such employe or official
20 was not a member of the county employes' retirement system,
21 including a period of probation served immediately after initial
22 hiring, shall make application to the board, and upon approval
23 thereof shall pay into the retirement fund a sum equal to twice
24 the payment which such employe would have made had such person
25 been a member thereof and had the payments been made in
26 accordance with the provision of this article. In addition
27 thereto, interest at the legal rate shall be paid from the date
28 when the said monthly payment would have been made. Both
29 principal and interest shall be paid into the retirement fund at
30 one time and in one amount, or, upon approval of the board, both
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1 principal and interest shall be consolidated into one amount and
2 paid in twenty-four or less equal monthly installments, plus
3 interest payment on monthly balances. Full payment thereof shall
4 be a condition precedent to the county employe being eligible to
5 receive the benefits of the retirement allowances. Such county
6 employe shall make monthly payments into the retirement fund in
7 accordance with the provisions of section 1708.
8 * * *
9 Section 4. Section 3101 of the act, amended October 5, 1990
10 (P.L.519, No.125), is amended to read:
11 Section 3101. Appointments; Qualifications; Salaries; Duties
12 of [Assistant] Deputy Fire Marshals.--The county commissioners
13 shall, on the fourth Monday of March, in the year one thousand
14 nine hundred forty-three, and every fourth year thereafter,
15 appoint a citizen of such county to serve as fire marshal
16 [thereof for the term of four years or until his successor shall
17 be appointed,] and such number of citizens of said county as the
18 county commissioners may deem necessary to serve as [assistant]
19 deputy fire marshals [thereof for terms of four years or until
20 their successors shall be appointed]. In making such
21 appointments, the county commissioner representing the minority
22 political party in the county shall name one of the [assistant]
23 deputy fire marshals, and as vacancies occur the commissioner
24 representing the minority party shall name the successor to any
25 [assistant] deputy fire marshal selected by a commissioner
26 representing the minority party. The fire marshal and deputy
27 fire marshals shall serve at the pleasure of the board of county
28 commissioners. The fire marshal shall report to and be subject
29 to the supervision of the superintendent of county police or his
30 authorized designee. The deputy fire marshals shall report to
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1 and be subject to the supervision of the fire marshal. No person
2 shall be appointed fire marshal unless he shall have had ten
3 years active service as a member of a fire department, and no
4 person shall be appointed [an assistant] a deputy fire marshal
5 unless he has had five years experience as an active member of a
6 fire department. The salary of the fire marshal and the
7 [assistant] deputy fire marshals appointed under the authority
8 of this act shall be fixed by the salary board and shall be in
9 lieu of all other salary or compensation from any source
10 whatsoever. The [assistant] deputy fire marshals appointed as
11 aforesaid shall have the same powers and shall perform the same
12 duties as those prescribed for the fire marshal.
13 The salary herein authorized shall be provided for by the
14 county commissioners and paid semi-monthly out of the county
15 treasury.
16 Section 5. Sections 3102, 3103, 3105, 3106, 3107, 3108, 3109
17 and 3301 of the act are amended to read:
18 Section 3102. Offices and Supplies.--The county
19 commissioners shall provide the fire marshal and [his
20 assistants] deputy fire marshals with suitable offices, and
21 shall pay or cause to be paid out of the treasury all the costs
22 of maintenance thereof, including clerk and stenographic hire,
23 and all necessary supplies, stationery, postage and other
24 incidental expenses.
25 Section 3103. Oath of Office and Bond.--Before entering on
26 the duties of his office, the fire marshal and [his assistants]
27 deputy fire marshals shall take an oath of office and furnish
28 bond as is now provided by law in the case of other county
29 officers. The bond of the fire marshal shall be in the sum of
30 ten thousand dollars ($10,000) and the bonds of the [assistant]
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1 deputy fire marshals shall be in the sum of five thousand
2 dollars ($5000).
3 Section 3105. [Arrests and Commitment or Bail]
4 Investigation, Transfer to County Police for Prosecution.--If,
5 in any investigation, it shall appear to the fire marshal or
6 [one of his assistants] deputy fire marshal, from the evidence
7 [before him] presented or obtained, that any building or other
8 property in the county has been wilfully set on fire by any
9 person or persons, [he shall, in such case, have the same power
10 to issue a warrant, directed to any constable of any ward,
11 borough or township of the county, for the arrest of such person
12 or persons and their accessories and to commit them for trial or
13 take bail for their appearance, as a justice of the peace of the
14 county would have upon information made before him setting forth
15 the same facts as appear in evidence before the marshal, and in
16 such case, the said fire marshal shall proceed in the same
17 manner as a justice of the peace is required by law to do and
18 with the same powers as he would have after an information duly
19 made before him.] the fire marshal or deputy fire marshal shall
20 transfer the evidence presented or obtained during the course of
21 the investigation to the county police evidence room technician,
22 along with a recommendation to the superintendent of county
23 police for criminal prosecution of the person or persons
24 responsible for setting the fire.
25 Section 3106. Administration of Oaths; False Testimony;
26 Subpoena and Attachment; Refusal to Testify or Produce
27 Documents.--The fire marshal or [either of his assistants]
28 deputy fire marshal, in order to enable him to discharge the
29 duties required of him in the foregoing section, shall have
30 power to administer oaths and affirmations in the discharge of
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1 the duties of his office, and a wilful violation of any oath or
2 affirmation so administered by him, or wilfully and knowingly
3 giving false testimony before him, shall be perjury; and he
4 shall have power to compel the attendance of any person whom he
5 may desire to examine in relation to any fire by subpoena and
6 attachment; and if any person shall refuse to be sworn or
7 affirmed or to testify in relation to any of the matters in
8 regard to which it is the duty of the fire marshal to make
9 investigation, or shall refuse to produce before the fire
10 marshal any books, papers or documents in their possession which
11 the said marshal may deem necessary to enable him to ascertain
12 the truth in any investigation then being made by him, the said
13 marshal shall [have power to commit such person to the county
14 jail until such person shall be willing to and shall be sworn or
15 affirmed or testify or produce the books, papers and documents,
16 as the case may be, and no longer] have the power, upon the
17 approval of the superintendent of county police and the
18 authorized representative of the district attorney's office, to
19 commit such person to the county jail until such person shall be
20 willing to and shall be sworn or affirmed or testify or produce
21 the books, papers and documents, as the case may be, and no
22 longer: Provided, That no testimony taken under oath or
23 affirmation before the fire marshal, as aforesaid, shall be used
24 in evidence against the party giving it in any civil or criminal
25 proceedings whatsoever, except in prosecutions against such
26 party for perjury.
27 Section 3107. Disobedience of Orders; Refusal to Execute
28 Warrant; Hindering or Obstructing Marshal.--Any constable,
29 policeman, watchman or citizen who shall refuse or neglect to
30 obey the orders or directions of the fire marshal when called
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1 upon by him to aid or assist in saving or protecting any
2 property at any fire[, or any constable who shall refuse or
3 neglect to execute any warrant of the fire marshal directed to
4 him for the arrest of any person for the crime of arson], or any
5 person or persons who shall wilfully hinder or obstruct or
6 attempt to hinder or obstruct the fire marshal in the
7 performance of his duties, shall be guilty of a misdemeanor,
8 and, upon conviction thereof in the court of quarter session of
9 the county, shall be punished by a fine not exceeding fifty
10 dollars ($50) and imprisonment in the county jail for a term not
11 exceeding one (1) year.
12 Section 3108. Examination of Buildings and Structures;
13 Notice to Alter, Remove or Amend.--[It shall be the duty of the
14 marshal or one of his assistants] Upon written request of the
15 governing body of any municipality located within the county,
16 the fire marshal or a deputy fire marshal shall have the power
17 to examine the dwelling houses and any other buildings and
18 structures in the county for the purpose of ascertaining
19 whether, by reason of age or dilapidated condition or
20 accumulation of waste, rubbish, debris, explosive or inflammable
21 substance, or existence of any other fire hazard, such buildings
22 or structures are especially liable to fire, and upon finding
23 any of them defective or dangerous, said marshal [or his
24 assistants] shall direct the owner or occupants, either by
25 printed or written notice, to alter, remove or amend the same,
26 in such manner or within such reasonable time as they may deem
27 necessary, and in case of neglect or refusal to do so, the party
28 offending shall forfeit and pay, upon conviction thereof before
29 any justice of the peace, alderman or police magistrate of the
30 county, any sum not exceeding twenty-five dollars ($25), for the
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1 use of the county, to be collected as fines and forfeitures are
2 collected by law.
3 Section 3109. Expense of Removal, Alteration or Amendment;
4 Combustible or Explosive Matter.--The expense of any removal,
5 alteration or amendment, as aforesaid, shall be paid in the
6 first instance by the occupant, but shall be chargeable against
7 the owner of such dwelling house or other building and shall be
8 deducted from the rent of the same, unless such expenses be
9 rendered necessary by the act or default of such occupant or
10 unless there is a special agreement to the contrary between the
11 parties, and said marshal or [his assistants] deputy marshal or
12 either of them are hereby empowered at any and all times to
13 enter into and examine all buildings, structures or places where
14 any combustible or explosive matter may be lodged and give such
15 directions, in writing, in the premises as may be deemed
16 necessary relative to the removal thereof, and in case of
17 neglect or refusal on the part of the possessor of such
18 combustible materials or any of them to remove or secure the
19 same within the time and manner directed, the party offending
20 shall forfeit and pay, in addition to any penalty hereinbefore
21 imposed, the sum of twenty-five dollars ($25), to be collected
22 as heretofore provided for in this act.
23 Section 3301. The following acts and parts of acts and all
24 amendments thereof are hereby repealed to the extent hereinafter
25 specified:
26 * * *
27 Section 24 of the act, approved the sixteenth day of May, one
28 thousand nine hundred twenty-three (Pamphlet Laws 207), entitled
29 "An act providing when, how, upon what property, and to what
30 extent, liens shall be allowed for taxes and for municipal
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1 improvements, for the removal of nuisances, and for water rents
2 or rates, sewer rates, and lighting rates; for the procedure
3 upon claims filed therefor; the methods for preserving such
4 liens and enforcing payment of such claims; the effect of
5 judicial sales of the properties liened; the distribution of the
6 proceeds of such sales, and the redemption of the property
7 therefrom; for the lien and collection of certain taxes
8 heretofore assessed, and of claims for municipal improvements
9 made and nuisances removed, within six months before the passage
10 of this act; and for the procedure on tax and municipal claims
11 filed under other and prior acts of Assembly," as to counties of
12 the second class.
13 * * *
14 Section 6. This act shall take effect in 60 days.
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