HOUSE AMENDED
PRIOR PRINTER'S NOS. 684, 1292, 1486, PRINTER'S NO. 1637
1582
No. 652 Session of 1995
INTRODUCED BY FISHER AND HART, MARCH 2, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 12, 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, FOR AN <--
9 ORGANIZATIONAL MEETING AND FOR EMPLOYEES ELIGIBLE FOR
10 RETIREMENT ALLOWANCE; providing for the purchase of credit
11 for service immediately following original employment;
12 PROVIDING FOR AMENDMENT OF ANNUAL BUDGET IN COUNTIES OF THE <--
13 SECOND CLASS; further providing for eligibility for
14 retirement allowances and for requirements for credit for
15 previous service; providing for CLERK OF COURTS FEES AND FOR <--
16 deputy fire marshals; and making a repeal REPEALS. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
20 as the Second Class County Code, is amended by adding a section
21 to read:
22 Section 108.1. Collection of Tax on Real Property from Rent
23 Paid to Owner.--(a) Where the owner of any residential OR <--
1 COMMERCIAL real property which is subject to a claim pursuant to
2 the act of May 16, 1923 (P.L.207, No.153), referred to as the
3 Municipal Claim and Tax Lien Law, derives any rental income from
4 that property, the county treasurer shall notify the property
5 owner in writing of his duty to remit that rental income to the
6 office of the county treasurer. The rent so remitted is to be
7 applied to the amount of tax owed, along with any interest or
8 penalties due, until the claim is paid in full.
9 (b) The notice of the county treasurer shall include the
10 amount of the claim on the property, including interest and
11 penalties, and the date or dates the rental income is to be
12 remitted. If, after fifteen days of the date or dates specified
13 in the notice, the property owner fails to remit the rental
14 income, the county shall MAY immediately begin the judicial sale <--
15 process provided for in the Municipal Claim and Tax Lien Law.
16 Section 2. Section 109.1 of the act, added October 5, 1990
17 (P.L.519, No.125), is amended to read:
18 Section 109.1. Collection of Tax and Municipal Claims by
19 Suit; Limitations.--(a) In addition to the remedies provided by
20 law for the collection of tax and municipal claims, the county
21 may proceed for the recovery and collection of any tax or
22 municipal claim against any owner or owners of the property
23 owing such tax or municipal claim by a civil action or other
24 appropriate remedy. To each judgment obtained for such taxes or
25 municipal claim, there shall be added a penalty of ten per cent,
26 interest at the prevailing legal rate and costs of suit. Upon
27 judgment, execution may be issued without any stay or benefit of
28 any exemption law.
29 (b) The right of the county to collect unpaid taxes or
30 municipal claims under the provisions of this section shall not
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1 be affected by the fact that such tax or municipal claims have
2 or have not been entered as liens in the office of the
3 prothonotary.
4 (c) A civil action brought to recover unpaid taxes or
5 municipal claims shall be commenced within twenty years after
6 the tax is due or after the completion of the improvement from
7 which said claim arises.
8 (d) The remedy granted under this section shall be applied
9 retroactively.
10 SECTION 3. SECTION 502 OF THE ACT IS AMENDED TO READ: <--
11 SECTION 502. ORGANIZATION.--THE COUNTY COMMISSIONERS SHALL
12 MEET ON THE FIRST MONDAY OF JANUARY IN THE YEAR ONE THOUSAND
13 NINE HUNDRED AND FIFTY-SIX AND ON THE FIRST MONDAY OF JANUARY
14 EVERY FOURTH YEAR THEREAFTER, IN THE OFFICE PROVIDED FOR THEM AT
15 THE COUNTY SEAT, FOR THE PURPOSE OF ORGANIZATION. IF THE FIRST
16 MONDAY IS A LEGAL HOLIDAY, THE MEETING SHALL BE HELD THE FIRST
17 DAY FOLLOWING.
18 SECTION 4. SECTION 1710(B) OF THE ACT, AMENDED DECEMBER 4,
19 1992 (P.L.776, NO.121), IS AMENDED TO READ:
20 SECTION 1710. EMPLOYES ELIGIBLE FOR RETIREMENT ALLOWANCES.--
21 * * *
22 (B) EVERY COUNTY EMPLOYE, OTHER THAN A MEMBER OF THE POLICE
23 FORCE OR THE FIRE DEPARTMENT OR A FIRE INSPECTOR OR A SHERIFF OR
24 DEPUTY SHERIFF, WHO WAS INITIALLY HIRED ON OR PRIOR TO THE
25 EFFECTIVE DATE OF THIS AMENDATORY ACT, WHO HAS REACHED THE AGE
26 OF SIXTY YEARS OR UPWARDS AND WHO HAS TO HIS OR HER CREDIT A
27 PERIOD OF SERVICE OF EIGHT YEARS, BUT LESS THAN TWENTY YEARS, OR
28 EVERY COUNTY EMPLOYE, OTHER THAN A MEMBER OF THE POLICE OR THE
29 FIRE DEPARTMENT OR A FIRE INSPECTOR, WHO WAS HIRED AFTER THE
30 EFFECTIVE DATE OF THIS AMENDATORY ACT, WHO HAS REACHED THE AGE
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1 OF SIXTY-FIVE YEARS OR UPWARDS, AND WHO HAS TO HIS OR HER CREDIT
2 A PERIOD OF SERVICE OF TEN YEARS, BUT LESS THAN TWENTY YEARS,
3 AND EVERY COUNTY EMPLOYE WHO IS A MEMBER OF THE POLICE FORCE OR
4 THE FIRE DEPARTMENT OR A FIRE INSPECTOR, AND WHO SHALL HAVE BEEN
5 A COUNTY EMPLOYE DURING A PERIOD OF TWENTY OR MORE YEARS AND HAS
6 REACHED THE AGE OF FIFTY YEARS OR UPWARDS SHALL, UPON
7 APPLICATION TO THE BOARD, BE ELIGIBLE FOR RETIREMENT FROM
8 SERVICE, AND SHALL THEREAFTER RECEIVE, DURING LIFE, EXCEPT AS
9 HEREINAFTER PROVIDED, A RETIREMENT ALLOWANCE PLUS A SERVICE
10 INCREMENT IF ANY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION
11 1712. EVERY COUNTY OFFICER OR EMPLOYE WHO IS A SHERIFF, DEPUTY
12 SHERIFF OR PRISON GUARD WHO SHALL HAVE BEEN A COUNTY OFFICER OR
13 EMPLOYE DURING A PERIOD OF TWENTY OR MORE YEARS AND WHO HAS
14 REACHED THE AGE OF FIFTY-FIVE YEARS OR [UPWARD] MORE IN THE CASE
15 OF A PRISON GUARD OR FIFTY YEARS OF AGE OR MORE IN THE CASE OF A
16 SHERIFF OR DEPUTY SHERIFF, SHALL, UPON APPLICATION TO THE BOARD,
17 BE ELIGIBLE FOR RETIREMENT FROM SERVICE AND SHALL THEREAFTER
18 RECEIVE, DURING LIFE, EXCEPT AS HEREAFTER PROVIDED, A RETIREMENT
19 ALLOWANCE IN ACCORDANCE WITH SECTION 1712. THE TIME SPENT IN THE
20 EMPLOY OF THE COUNTY OR COUNTY INSTITUTION DISTRICT NEED NOT
21 NECESSARILY HAVE BEEN CONTINUOUS: PROVIDED, THAT WHEN ANY COUNTY
22 EMPLOYE HAS TWENTY OR MORE YEARS SERVICE, NOT NECESSARILY
23 CONTINUOUS, AND HAS REACHED THE AGE OF FIFTY YEARS OR UPWARDS,
24 AND SHALL BE SEPARATED FROM THE SERVICE OF THE COUNTY OR COUNTY
25 INSTITUTION DISTRICT BY REASON OF NO CAUSE OR ACT OF HIS OR HER
26 OWN, UPON APPLICATION TO THE BOARD HE OR SHE SHALL THEREAFTER
27 RECEIVE, DURING LIFE, EXCEPT AS HEREINAFTER PROVIDED, A
28 RETIREMENT ALLOWANCE PLUS A SERVICE INCREMENT IF ANY, IN
29 ACCORDANCE WITH THE PROVISIONS OF SECTION 1712. THE AFORESAID
30 RETIREMENT ALLOWANCE PLUS A SERVICE INCREMENT IF ANY, SHALL BE
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1 SUBJECT TO A SUSPENSION THEREOF IN ACCORDANCE WITH THE
2 PROVISIONS OF SUBSECTION (H) OF THIS SECTION 1710 AND SUBSECTION
3 (C) OF SECTION 1712.
4 * * *
5 Section 3 5. Sections 1714(a) and 1715(a), (b) and (c) of <--
6 the act, amended December 14, 1989 (P.L.631, No.75), are amended
7 to read:
8 Section 1714. Separation from Service; Refund of
9 Contribution.--(a) Any person contributing monthly or bi-weekly
10 into the retirement fund who shall, for any cause, cease to be a
11 county employe before he or she shall be eligible to receive the
12 benefits of the retirement allowances, the total amount of the
13 contributions paid into the retirement fund by such county
14 employe shall be refunded to him or her by the board, or, in the
15 event of the death of any such county employe, the amount of
16 said contributions shall be paid to such person or persons as he
17 or she shall have designated in writing, as filed with the
18 board, as his or her beneficiary, or to his or her estate. If no
19 person or persons have been designated as his or her
20 beneficiary, or no notice has been filed with the board to pay
21 the amount of such contributions to his or her estate, as herein
22 provided, then the board is herewith authorized to pay such
23 contributions to the executor, administrator, surviving spouse,
24 or next of kin of the deceased county employe. In the event the
25 surviving spouse or next of kin of the decedent cannot be found
26 for the purpose of making distribution of such contributions for
27 a period of seven years from the death of the said county
28 employe, then the aforesaid contributions shall be escheated to
29 the Commonwealth for the benefit of the retirement system. In
30 addition thereto, simple interest shall be paid at a monthly
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1 rate of interest that is equivalent to one-twelfth of the annual
2 rate of interest specified herein on contributions of the member
3 made under subsection (a) of section 1708 calculated from the
4 beginning of the month of the deposit, or withholding, or
5 payment into the fund of those contributions through the end of
6 the month of refund; and such interest credited to the
7 contributions of the member made under subsection (a) of section
8 1708 in a prior calendar year shall receive simple interest at
9 the monthly rate of interest that is equivalent to one-twelfth
10 of the annual rate of interest specified herein through the end
11 of the month of refund. The annual rate of interest shall be
12 [three per centum prior to March 1, 1981, and five per centum
13 thereafter] fixed by the board. Such contributions and interest
14 shall be paid to a county employe provided he was employed for a
15 period of two consecutive years or more and has made twenty-four
16 monthly contributions to the fund and is not eligible to receive
17 the benefits of a retirement allowance. Notwithstanding the
18 provisions of this subsection, a member who has ceased to make
19 contributions to the fund by payroll deduction shall thereafter
20 be credited with interest only for a period of years equal to
21 his years of current service under this amendment. Any person
22 who has heretofore or who shall hereafter cease to be a county
23 employe, shall thereafter cease to be a member of the retirement
24 system, except such former county employe who may be eligible to
25 receive the benefits of a retirement allowance plus a service
26 increment if any in accordance with the provisions of sections
27 1710 and 1713.
28 * * *
29 Section 1715. Reinstatement and Requirements for Credit for
30 Previous Service.--(a) No county employe shall be permitted to
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1 withdraw his or her contributions as paid into the retirement
2 fund upon transfer from one office, department or agency to
3 another. Any person who has ceased to be a county employe and
4 whose contributions as paid into the retirement fund, have been
5 refunded by the board, if such person has been reemployed by the
6 county or county institution district and desires to be given
7 credit for previous service as a county employe, he or she
8 shall[, within two years of the effective date of this
9 amendatory act, or for those who are reemployed after the
10 effective date of this amendatory act, within two years of the
11 date of reemployment,] make payment in full of the amount
12 refunded, with interest at the legal rate, the said interest to
13 be computed from the date of the refund to the date of
14 repayment. [Upon application of the employe desiring to be given
15 credit for previous service as a county employe at least sixty
16 days prior to the expiration of the period of two years from the
17 effective date of this amendatory act or the date of
18 reemployment, such employe shall be permitted to make payment in
19 full of the amount refunded, with interest at the legal rate,
20 within an additional period of one year.] Both principal and
21 interest shall be paid into the retirement fund at one time and
22 in one amount, or, upon approval of the board, both principal
23 and interest shall be consolidated into one amount and paid in
24 twenty-four or less equal monthly installments, plus interest
25 payment on monthly balances. [Whenever the time for payment in
26 full has been extended for an additional period of one year, the
27 principal and interest may be paid in a total of not more than
28 thirty-six equal monthly installments.] Upon application to the
29 board, an employe shall be permitted to pay the principal and
30 interest in thirty-six or less equal monthly installments, plus
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1 interest payment on monthly balances. Full payment thereof shall
2 be a condition precedent to the county employe being eligible to
3 receive the benefits of the retirement allowance plus a service
4 increment, if any. Such county employe shall make monthly
5 payments into the retirement fund in accordance with the
6 provisions of section 1708.
7 If any person who hereafter becomes a county employe and
8 thereafter ceases to be a county employe and his or her
9 contributions as paid into the retirement fund are refunded by
10 the board, is reemployed by the county or county institution
11 district and he or she desires to be given credit for previous
12 service as a county employe, he or she shall [within two years
13 of the 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 refund to the date of repayment.
16 [Upon application of any person who hereafter becomes a county
17 employe and desires to be given credit for previous service as a
18 county employe, at least sixty days prior to completion of a
19 period of two years from the date of reemployment, such employe
20 shall be permitted to make payment in full of the amount
21 refunded, with interest at the legal rate, within an additional
22 period of one year.] Both principal and interest shall be paid
23 into the retirement fund at one time and in one amount, or, upon
24 approval of the board both principal and interest shall be
25 consolidated into one amount and paid in twenty-four or less
26 equal monthly installments, plus interest payments on monthly
27 balances. Whenever the time for payment in full has been
28 extended for an additional period of one year the principal and
29 interest may be paid in a total of not more than thirty-six
30 equal monthly installments. Full payment thereof shall be a
19950S0652B1637 - 8 -
1 condition precedent to the county employe being eligible to
2 receive the benefits of the retirement allowance plus a service
3 increment, if any. Such county employe shall make monthly
4 payments into the retirement fund in accordance with the
5 provisions of section 1708. Any person who is a county employe
6 on the effective date of this act may make payments into the
7 retirement fund which shall cover a period of time within which
8 such person was a county employe but was not a member of the
9 retirement system because such membership was not compulsory.
10 (b) Any person who has heretofore or who hereafter ceases to
11 be a county employe and whose contributions as paid into the
12 retirement fund, have heretofore or shall hereafter be refunded
13 by the board, if such person is reemployed by the county or
14 county institution district and desires to be given credit for
15 previous service as a county employe[, except as hereinafter
16 provided], he or she shall [within two years from the date of
17 such reemployment] make payment in full of the amount refunded,
18 with interest at the legal rate, the said interest to be
19 computed from the date of the refund to the date of repayment.
20 Both principal and interest shall be paid into the retirement
21 fund at one time and in one amount[, or, upon approval of the
22 board, both principal and interest shall be consolidated into
23 one amount and paid in twenty-four or less equal monthly
24 installments, plus interest payment on monthly balances]. Upon
25 application to the board, an employe shall be permitted to pay
26 the principal and interest in thirty-six or less equal monthly
27 installments, plus interest payment on monthly balances. Full
28 payment thereof shall be a condition precedent to the county
29 employe being eligible to receive the benefits of the retirement
30 allowance plus a service increment, if any. Such county employe
19950S0652B1637 - 9 -
1 shall make monthly payments into the retirement fund in
2 accordance with the provisions of section 1708. No person
3 reemployed as a county employe in accordance with the provisions
4 of this subsection shall be eligible to receive a retirement
5 allowance by reason of total and permanent physical disability,
6 in accordance with the provisions of section 1711, unless he or
7 she shall be in employ for a period of not less than twenty
8 years, which said period of employment shall include credit
9 given for previous service, as herein provided. No person who is
10 ineligible to become a member of the retirement system shall be
11 eligible to receive credit for previous service as a county
12 employe, as hereinbefore provided.
13 (c) Any county employe who desires to be given credit for
14 previous service in the employ of the county as an elected or
15 appointed employe or official, where such service subsequent to
16 the first day of January, one thousand nine hundred forty, was
17 rendered to the county at a time when such employe or official
18 was not a member of the county employes' retirement system,
19 including a period of probation served immediately after initial
20 hiring, shall make application to the board, and upon approval
21 thereof shall pay into the retirement fund a sum equal to twice
22 the payment which such employe would have made had such person
23 been a member thereof and had the payments been made in
24 accordance with the provision of this article. In addition
25 thereto, interest at the legal rate shall be paid from the date
26 when the said monthly payment would have been made. Both
27 principal and interest shall be paid into the retirement fund at
28 one time and in one amount, or, upon approval of the board, both
29 principal and interest shall be consolidated into one amount and
30 paid in twenty-four or less equal monthly installments, plus
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1 interest payment on monthly balances. Full payment thereof shall
2 be a condition precedent to the county employe being eligible to
3 receive the benefits of the retirement allowances. Such county
4 employe shall make monthly payments into the retirement fund in
5 accordance with the provisions of section 1708.
6 * * *
7 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
8 SECTION 1801.1. CLERK OF COURTS FEES.--(A) THE FEES TO BE
9 CHARGED AND COLLECTED BY THE CLERK OF COURTS IN COUNTIES OF THE
10 SECOND CLASS SHALL BE AS FOLLOWS:
11 (1) A FEE OF NOT LESS THAN FIFTY DOLLARS ($50) NOR MORE THAN
12 ONE HUNDRED FIFTY DOLLARS ($150) FOR ALL PROCEEDINGS IN ALL
13 MISDEMEANOR AND FELONY CASES DISPOSED OF AT ANY TIME DURING OR
14 AFTER TRIAL.
15 (2) A FEE OF NOT LESS THAN THIRTY DOLLARS ($30) NOR MORE
16 THAN ONE HUNDRED TWENTY-FIVE DOLLARS ($125) FOR ALL PROCEEDINGS
17 IN ALL MISDEMEANOR AND FELONY CASES DISPOSED OF BEFORE TRIAL.
18 (3) THE FEES REFERRED TO IN PARAGRAPHS (1) AND (2) SHALL BE
19 SET BY THE CLERK OF COURTS.
20 (4) A FEE OF TWENTY-FIVE DOLLARS ($25) FOR ALL PROCEEDINGS
21 IN SUMMARY MATTERS.
22 (5) A FEE OF TEN DOLLARS ($10) FOR ALL CERTIFICATIONS.
23 (6) A FEE OF FIFTEEN DOLLARS ($15) FOR ALL OTHER MATTERS
24 FILED IN THE OFFICE AND FOR ALL REPORTS PREPARED BY THE CLERK
25 EXCEPT THAT NO FEE SHALL BE CHARGED FOR FILING TOWNSHIP AND
26 BOROUGH AUDIT REPORTS OR TRANSCRIPTS RECEIVED WHICH INDICATE A
27 FINAL DISPOSITION BY THE DISTRICT JUSTICE.
28 (7) A FEE OF FORTY DOLLARS ($40) FOR THE FILING OF AN APPEAL
29 FROM A SUMMARY CONVICTION BEFORE A DISTRICT JUSTICE.
30 (8) A FEE OF FORTY-FIVE DOLLARS ($45) FOR AN APPEAL FROM THE
19950S0652B1637 - 11 -
1 COURT OF COMMON PLEAS TO AN APPELLATE COURT.
2 (9) A FEE OF FIVE CENTS (5¢) PER DOLLAR FOR THE FIRST ONE
3 THOUSAND DOLLARS ($1,000) AND TWO CENTS (2¢) PER DOLLAR FOR EACH
4 ADDITIONAL ONE THOUSAND DOLLARS ($1,000) OR FRACTION THEREOF FOR
5 THE HANDLING OF MONEY PAID INTO COURT.
6 (B) IN COUNTIES OF THE SECOND CLASS, THE CLERK OF COURTS MAY
7 ESTABLISH, MODIFY OR ELIMINATE FEES AND CHARGES, INCLUDING THE
8 FEES SET FORTH IN SUBSECTION (A) OF THIS SECTION, WITH THE
9 APPROVAL OF THE PRESIDENT JUDGE. THE CLERK OF COURTS SHALL
10 COLLECT SUCH FEES AND CHARGES AND MAY ESTABLISH, WITH THE
11 APPROVAL OF THE PRESIDENT JUDGE, THE MANNER IN WHICH SUCH FEES
12 AND CHARGES SHALL BE COLLECTED.
13 (C) TEN PER CENTUM OF THE FEES AND CHARGES COLLECTED BY THE
14 CLERK OF COURTS UNDER THIS SECTION SHALL BE DEPOSITED INTO A
15 SPECIAL CLERK OF COURTS COMPUTER FUND ESTABLISHED IN EACH COUNTY
16 OF THE SECOND CLASS. IN THE ALTERNATIVE, THE CLERK OF COURTS
17 MAY, WITH THE APPROVAL OF THE PRESIDENT JUDGE, IMPOSE AND
18 COLLECT A SURCHARGE ON SOME OR ALL OF THE FEES AND CHARGES
19 COLLECTED UNDER THIS SECTION; AND THE SURCHARGE COLLECTED SHALL
20 BE DEPOSITED INTO THE SPECIAL CLERK OF COURTS COMPUTER FUND.
21 MONEYS IN THE SPECIAL FUND SHALL BE USED SOLELY FOR THE PURPOSE
22 OF COMPUTERIZING THE OFFICE OF THE CLERK OF COURTS.
23 SECTION 7. SECTION 1980 OF THE ACT, AMENDED DECEMBER 10,
24 1980 (P.L.1159, NO.211) AND JULY 9, 1992 (P.L.682, NO.99), IS
25 AMENDED TO READ:
26 SECTION 1980. FISCAL YEAR; PREPARATION OF ANNUAL BUDGET IN
27 COUNTIES OF THE SECOND CLASS; AMENDMENT OF ANNUAL BUDGET.--(A)
28 THE FISCAL YEAR OF THE COUNTY SHALL BEGIN ON THE FIRST DAY OF
29 JANUARY AND END ON THE THIRTY-FIRST DAY OF DECEMBER OF EACH
30 YEAR. ON OR BEFORE THE FIFTEENTH DAY OF NOVEMBER OF EACH YEAR
19950S0652B1637 - 12 -
1 THE CONTROLLER OF EACH COUNTY OF THE SECOND CLASS SHALL TRANSMIT
2 TO THE COMMISSIONERS A PROPOSED BUDGET GIVING A DETAILED
3 ESTIMATE OF AND FOR THE LEGITIMATE PURPOSES OF THE COUNTY FOR
4 THE NEXT YEAR, INCLUDING INTEREST DUE AND TO FALL DUE ON ALL
5 LAWFUL DEBTS OF THE COUNTY BEARING INTEREST. SUCH BUDGET, WHEN
6 FINALLY ADOPTED BY THE COMMISSIONERS, SHALL BE THE GUIDE TO THE
7 COMMISSIONERS IN FIXING THE TAX RATE. SAID BUDGET SHALL BE
8 PREPARED AS PROVIDED HEREIN.
9 (B) THE COMMISSIONERS SHALL, AT THE SAME TIME THE BUDGET IS
10 ADOPTED, FIX SUCH RATE OF TAXATION UPON THE VALUATION OF THE
11 PROPERTY TAXABLE FOR COUNTY PURPOSES AS WILL RAISE SUFFICIENT
12 SUM TO MEET THE SAID EXPENDITURES. THE COMMISSIONERS SHALL NOT,
13 BY CONTRACT OR OTHERWISE, INCREASE THE EXPENDITURES OF THE
14 COUNTY IN ANY YEAR TO AN AMOUNT BEYOND THE TAXES ASSESSED AS
15 AFORESAID FOR SAID YEAR.
16 (C) DURING THE MONTH OF JANUARY NEXT FOLLOWING THE MUNICIPAL
17 ELECTION AT WHICH THE COMMISSIONERS OF ANY COUNTY OF THE SECOND
18 CLASS ARE ELECTED, THE COMMISSIONERS MAY AMEND THE BUDGET AND
19 THE LEVY AND TAX RATE TO CONFORM WITH ITS AMENDED BUDGET. A
20 PERIOD OF TEN DAYS' PUBLIC INSPECTION AT THE OFFICE OF THE CHIEF
21 CLERK OF THE PROPOSED AMENDED BUDGET, AFTER NOTICE BY THE CHIEF
22 CLERK TO THAT EFFECT IS PUBLISHED ONCE IN A NEWSPAPER AS
23 PROVIDED IN SECTION 110 OF THIS ACT, SHALL INTERVENE BETWEEN THE
24 PROPOSED AMENDED BUDGET AND THE ADOPTION THEREOF. ANY AMENDED
25 BUDGET MUST BE ADOPTED BY THE COUNTY COMMISSIONERS OF ANY COUNTY
26 OF THE SECOND CLASS ON OR BEFORE THE FIFTEENTH DAY OF FEBRUARY.
27 (D) NO SUCH BUDGET SHALL BE REVISED UPWARD IN EXCESS OF TEN
28 PER CENTUM IN THE AGGREGATE THEREOF OR AS TO AN INDIVIDUAL ITEM
29 IN EXCESS OF TWENTY-FIVE PER CENTUM OF THE AMOUNT OF SUCH
30 INDIVIDUAL ITEM IN THE BUDGET PROPOSED TO BE AMENDED.
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1 (E) WITHIN FIFTEEN DAYS AFTER THE ADOPTION OF AN AMENDED
2 BUDGET THE CHIEF CLERK SHALL FILE A COPY THEREOF IN THE OFFICE
3 OF THE DEPARTMENT OF COMMUNITY AFFAIRS OR IN THE OFFICE OF ITS
4 SUCCESSOR IN FUNCTION.
5 Section 4 6 8. Section 3101 of the act, amended October 5, <--
6 1990 (P.L.519, No.125), is amended to read:
7 Section 3101. Appointments; Qualifications; Salaries; Duties
8 of [Assistant] Deputy Fire Marshals.--The county commissioners
9 shall, on the fourth Monday of March, in the year one thousand
10 nine hundred forty-three, and every fourth year thereafter,
11 appoint a citizen of such county to serve as fire marshal
12 [thereof for the term of four years or until his successor shall
13 be appointed,] and such number of citizens of said county as the
14 county commissioners may deem necessary to serve as [assistant]
15 deputy fire marshals [thereof for terms of four years or until
16 their successors shall be appointed]. In making such
17 appointments, the county commissioner representing the minority
18 political party in the county shall name one of the [assistant]
19 deputy fire marshals, and as vacancies occur the commissioner
20 representing the minority party shall name the successor to any
21 [assistant] deputy fire marshal selected by a commissioner
22 representing the minority party. The fire marshal and deputy
23 fire marshals shall serve at the pleasure of the board of county
24 commissioners. The fire marshal shall report to and be subject
25 to the supervision of the superintendent of county police or his
26 authorized designee. The deputy fire marshals shall report to
27 and be subject to the supervision of the fire marshal. No person
28 shall be appointed fire marshal unless he shall have had ten
29 years active service as a member of a fire department, and no
30 person shall be appointed [an assistant] a deputy fire marshal
19950S0652B1637 - 14 -
1 unless he has had five years experience as an active member of a
2 fire department. The salary of the fire marshal and the
3 [assistant] deputy fire marshals appointed under the authority
4 of this act shall be fixed by the salary board and shall be in
5 lieu of all other salary or compensation from any source
6 whatsoever. The [assistant] deputy fire marshals appointed as
7 aforesaid shall have the same powers and shall perform the same
8 duties as those prescribed for the fire marshal.
9 The salary herein authorized shall be provided for by the
10 county commissioners and paid semi-monthly out of the county
11 treasury.
12 Section 5 7 9. Sections 3102, 3103, 3105, 3106, 3107, 3108 <--
13 AND 3109 and 3301 of the act are amended to read: <--
14 Section 3102. Offices and Supplies.--The county
15 commissioners shall provide the fire marshal and [his
16 assistants] deputy fire marshals with suitable offices, and
17 shall pay or cause to be paid out of the treasury all the costs
18 of maintenance thereof, including clerk and stenographic hire,
19 and all necessary supplies, stationery, postage and other
20 incidental expenses.
21 Section 3103. Oath of Office and Bond.--Before entering on
22 the duties of his office, the fire marshal and [his assistants]
23 deputy fire marshals shall take an oath of office and furnish
24 bond as is now provided by law in the case of other county
25 officers. The bond of the fire marshal shall be in the sum of
26 ten thousand dollars ($10,000) and the bonds of the [assistant]
27 deputy fire marshals shall be in the sum of five thousand
28 dollars ($5000).
29 Section 3105. [Arrests and Commitment or Bail]
30 Investigation, Transfer to County Police for Prosecution.--If,
19950S0652B1637 - 15 -
1 in any investigation, it shall appear to the fire marshal or
2 [one of his assistants] deputy fire marshal, from the evidence
3 [before him] presented or obtained, that any building or other
4 property in the county has been wilfully set on fire by any
5 person or persons, [he shall, in such case, have the same power
6 to issue a warrant, directed to any constable of any ward,
7 borough or township of the county, for the arrest of such person
8 or persons and their accessories and to commit them for trial or
9 take bail for their appearance, as a justice of the peace of the
10 county would have upon information made before him setting forth
11 the same facts as appear in evidence before the marshal, and in
12 such case, the said fire marshal shall proceed in the same
13 manner as a justice of the peace is required by law to do and
14 with the same powers as he would have after an information duly
15 made before him.] the fire marshal or deputy fire marshal shall
16 transfer the evidence presented or obtained during the course of
17 the investigation to the county police evidence room technician,
18 along with a recommendation to the superintendent of county
19 police for criminal prosecution of the person or persons
20 responsible for setting the fire.
21 Section 3106. Administration of Oaths; False Testimony;
22 Subpoena and Attachment; Refusal to Testify or Produce
23 Documents.--The fire marshal or [either of his assistants]
24 deputy fire marshal, in order to enable [him] them to discharge
25 the duties required [of him] in the foregoing section, shall
26 have power to administer oaths and affirmations in the discharge
27 of the duties of his office, and a wilful violation of any oath
28 or affirmation so administered by him, or wilfully and knowingly
29 giving false testimony before him, shall be perjury; and he
30 shall have power to compel the attendance of any person whom he
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1 may desire to examine in relation to any fire by subpoena and
2 attachment; and if any person shall refuse to be sworn or
3 affirmed or to testify in relation to any of the matters in
4 regard to which it is the duty of the fire marshal to make
5 investigation, or shall refuse to produce before the fire
6 marshal any books, papers or documents in their possession which
7 the said marshal may deem necessary to enable him to ascertain
8 the truth in any investigation then being made by him, the said
9 marshal shall [have power to commit such person to the county
10 jail until such person shall be willing to and shall be sworn or
11 affirmed or testify or produce the books, papers and documents,
12 as the case may be, and no longer] have the power, upon the
13 approval of the superintendent of county police and the
14 authorized representative of the district attorney's office, to
15 commit such person to the county jail until such person shall be
16 willing to and shall be sworn or affirmed or testify or produce
17 the books, papers and documents, as the case may be, and no
18 longer: Provided, That no testimony taken under oath or
19 affirmation before the fire marshal, as aforesaid, shall be used
20 in evidence against the party giving it in any civil or criminal
21 proceedings whatsoever, except in prosecutions against such
22 party for perjury.
23 Section 3107. Disobedience of Orders; Refusal to Execute
24 Warrant; Hindering or Obstructing Marshal.--Any constable,
25 policeman, watchman or citizen who shall refuse or neglect to
26 obey the orders or directions of the fire marshal when called
27 upon by him to aid or assist in saving or protecting any
28 property at any fire[, or any constable who shall refuse or
29 neglect to execute any warrant of the fire marshal directed to
30 him for the arrest of any person for the crime of arson], or any
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1 person or persons who shall wilfully hinder or obstruct or
2 attempt to hinder or obstruct the fire marshal in the
3 performance of his duties, shall be guilty of a misdemeanor,
4 and, upon conviction thereof in the court of [quarter session]
5 common pleas of the county, shall be punished by a fine not
6 exceeding fifty dollars ($50) and imprisonment in the county
7 jail for a term not exceeding one (1) year.
8 Section 3108. Examination of Buildings and Structures;
9 Notice to Alter, Remove or Amend.--[It shall be the duty of the
10 marshal or one of his assistants] Upon written request of the
11 governing body of any municipality located within the county,
12 the fire marshal or a deputy fire marshal shall have the power
13 to examine the dwelling houses and any other buildings and
14 structures in the county for the purpose of ascertaining
15 whether, by reason of age or dilapidated condition or
16 accumulation of waste, rubbish, debris, explosive or inflammable
17 substance, or existence of any other fire hazard, such buildings
18 or structures are especially liable to fire, and upon finding
19 any of them defective or dangerous, said marshal [or his
20 assistants] shall direct the owner or occupants, either by
21 printed or written notice, to alter, remove or amend the same,
22 in such manner or within such reasonable time as they may deem
23 necessary, and in case of neglect or refusal to do so, the party
24 offending shall forfeit and pay, upon conviction thereof before
25 any justice of the peace, alderman or police magistrate of the
26 county, any sum not exceeding twenty-five dollars ($25), for the
27 use of the county, to be collected as fines and forfeitures are
28 collected by law.
29 Section 3109. Expense of Removal, Alteration or Amendment;
30 Combustible or Explosive Matter.--The expense of any removal,
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1 alteration or amendment, as aforesaid, shall be paid in the
2 first instance by the occupant, but shall be chargeable against
3 the owner of such dwelling house or other building and shall be
4 deducted from the rent of the same, unless such expenses be
5 rendered necessary by the act or default of such occupant or
6 unless there is a special agreement to the contrary between the
7 parties, and said marshal or [his assistants] deputy marshal or
8 either of them are hereby empowered at any and all times to
9 enter into and examine all buildings, structures or places where
10 any combustible or explosive matter may be lodged and give such
11 directions, in writing, in the premises as may be deemed
12 necessary relative to the removal thereof, and in case of
13 neglect or refusal on the part of the possessor of such
14 combustible materials or any of them to remove or secure the
15 same within the time and manner directed, the party offending
16 shall forfeit and pay, in addition to any penalty hereinbefore
17 imposed, the sum of twenty-five dollars ($25), to be collected
18 as heretofore provided for in this act.
19 SECTION 8 10. SECTION 3301 OF THE ACT IS AMENDED BY ADDING A <--
20 PARAGRAPH TO READ:
21 Section 3301. The following acts and parts of acts and all
22 amendments thereof are hereby repealed to the extent hereinafter
23 specified:
24 * * *
25 Section 24 of the act of May 16, 1923 (P.L.207, No.153), <--
26 referred to as the Municipal Claim and Tax Lien Law, is repealed
27 as it applies to second class counties.
28 * * *
29 SECTION 24 OF THE ACT, APPROVED THE SIXTEENTH DAY OF MAY, ONE <--
30 THOUSAND NINE HUNDRED TWENTY-THREE (PAMPHLET LAWS 207), ENTITLED
19950S0652B1637 - 19 -
1 "AN ACT PROVIDING WHEN, HOW, UPON WHAT PROPERTY, AND TO WHAT
2 EXTENT, LIENS SHALL BE ALLOWED FOR TAXES AND FOR MUNICIPAL
3 IMPROVEMENTS, FOR THE REMOVAL OF NUISANCES, AND FOR WATER RENTS
4 OR RATES, SEWER RATES, AND LIGHTING RATES; FOR THE PROCEDURE
5 UPON CLAIMS FILED THEREFOR; THE METHODS FOR PRESERVING SUCH
6 LIENS AND ENFORCING PAYMENT OF SUCH CLAIMS; THE EFFECT OF
7 JUDICIAL SALES OF THE PROPERTIES LIENED; THE DISTRIBUTION OF THE
8 PROCEEDS OF SUCH SALES, AND THE REDEMPTION OF THE PROPERTY
9 THEREFROM; FOR THE LIEN AND COLLECTION OF CERTAIN TAXES
10 HERETOFORE ASSESSED, AND OF CLAIMS FOR MUNICIPAL IMPROVEMENTS
11 MADE AND NUISANCES REMOVED, WITHIN SIX MONTHS BEFORE THE PASSAGE
12 OF THIS ACT; AND FOR THE PROCEDURE ON TAX AND MUNICIPAL CLAIMS
13 FILED UNDER OTHER AND PRIOR ACTS OF ASSEMBLY," AS TO COUNTIES OF
14 THE SECOND CLASS.
15 * * *
16 THE ACT, APPROVED THE EIGHTEENTH DAY OF JUNE, ONE THOUSAND
17 NINE HUNDRED EIGHTY-TWO (PAMPHLET LAWS 547), ENTITLED "AN ACT
18 ESTABLISHING THE FEES TO BE CHARGED AND COLLECTED BY THE CLERK
19 OF COURTS IN SECOND, SECOND CLASS A, THIRD, FOURTH, FIFTH,
20 SIXTH, SEVENTH AND EIGHTH CLASS COUNTIES AND HOME RULE
21 COUNTIES," AS TO COUNTIES OF THE SECOND CLASS.
22 SECTION 11. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
23 AS THEY ARE INCONSISTENT WITH SECTION 1801.1 OF THE ACT.
24 Section 6 9 12. This act shall take effect in 60 days <--
25 IMMEDIATELY. <--
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