SENATE AMENDED
PRIOR PRINTER'S NOS. 357, 1482, 1590 PRINTER'S NO. 1754
No. 329 Session of 1997
INTRODUCED BY PISTELLA, PIPPY, LEDERER, GEIST, GIGLIOTTI,
FAIRCHILD, PESCI, SHANER, HERSHEY, ROBINSON, YOUNGBLOOD,
TRELLO, E. Z. TAYLOR, WOJNAROSKI AND J. TAYLOR,
FEBRUARY 6, 1997
SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, IN SENATE, RE-
REPORTED AS AMENDED, MAY 7, 1997
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," requiring a jointly
5 appointed tax collector for a certain home rule municipality
6 and school district in counties of the second class; and <--
7 further providing for the membership of boards of managers
8 for monuments and memorials to war veterans; AND PROVIDING <--
9 FOR CHARTERS IN SECOND CLASS COUNTIES.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
13 as the Second Class County Code, is amended by adding a section
14 to read:
15 Section 1970.3. Joint Tax Collector.--Notwithstanding the
16 provisions of section 10(b) of the act of December 31, 1965
17 (P.L.1257, No.511), known as "The Local Tax Enabling Act," if a
18 municipality having a population of at least 50,000 and less
19 than 100,000 located in a second class county has adopted a home
1 rule charter under 53 Pa.C.S. Pt. III Subpt. E (relating to home
2 rule and optional plan government), the governing body of the
3 municipality and board of school directors for the school
4 district in which the municipality is located shall annually
5 agree on and jointly appoint a collector or collectors of taxes
6 for taxes levied under "The Local Tax Enabling Act." In the
7 event the governing body of the municipality and the board of
8 school directors for the school district in which the
9 municipality is located cannot agree on the appointment of a
10 collector or collectors of taxes levied under this act within
11 ninety days of the commencement of each ensuing municipal fiscal
12 year, then three arbitrators shall be appointed who by majority
13 vote shall choose a tax collector to collect taxes levied under
14 this act; one person shall be appointed by the governing body of
15 the municipality who is a resident of the municipality and who
16 is not a member of the governing body, one person shall be
17 appointed by the board of school directors who is a resident of
18 the school district and who is not a school director, and one
19 resident shall be appointed by the elected controller of the
20 municipality.
21 Section 2. Sections 2565 and 2566 of the act, amended June
22 19, 1961 (P.L.463, No.232), are amended to read:
23 Section 2565. Personnel.--The board of managers shall
24 consist of:
25 (a) Ex-officio members (five): the president judge of the
26 court of common pleas of such county; the judge of said court
27 next oldest in commission; the county commissioners of the
28 county.
29 (b) Elective members [(fifteen): the present elective
30 members representing the Veterans of the Civil War shall be and
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1 continue as members of such board until removed by death,
2 resignation, or otherwise. The remaining members of the elective
3 (fifteen) shall be filled by the following organizations out of
4 their membership: (three) by the county organization of the
5 United Spanish War Veterans; (three)] (twenty-one) (TWENTY- <--
6 THREE): the elective members shall be filled by the following
7 veterans' organizations out of their membership: (four) by the
8 county organization of the American Legion; [(three)] (four) by
9 the county organization of the Veterans of Foreign Wars;
10 [(three) by the county organizations of the Italian American War <--
11 Veterans of the United States, Incorporated;] (two) by the <--
12 county organization of the Disabled American Veterans; (eleven <--
13 TEN: one, each) by the county organizations of Vietnam Veterans, <--
14 Incorporated, the American Veterans of World War II, the Jewish
15 War Veterans, the Catholic War Veterans, the Military Order of
16 the Purple Heart, the Paralyzed Veterans of America, the Korean
17 War Veterans Association, the Italian American War Veterans of <--
18 the United States, Incorporated, the Black Vietnam Veterans
19 Association, the WAVES National Organization and the Military
20 Order of World Wars; within thirty days from the date when this
21 act becomes effective; and they shall certify such election to
22 the secretary of the existing board, whereupon the persons so
23 elected shall be members of the board.
24 (c) Additional members: the board may extend its membership
25 by adding one member for each group approved under section 2566.
26 Section 2566. Vacancies.--Vacancies occurring among the
27 elective members of the board shall be filled by the
28 organization which chose the members whose place it is desired
29 to fill: Provided, however, That whenever it may appear that it
30 is impossible to fill any vacancy in the board caused by the
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1 death or resignation of a member thereof [who represented the
2 Veterans of the Civil War] because no organization survives to
3 choose such members or no person survives who can qualify for
4 such membership, vacancies so created and existing shall, upon
5 notice from the secretary, be filled by the county organizations
6 of the [United Spanish War Veterans and the] American Legion and
7 the Veterans of Foreign Wars and the Italian American War
8 Veterans of the United States, Incorporated. That is to say, the
9 first vacancy so caused shall be filled by the county
10 organization of the [United Spanish War Veterans, the second by
11 the county organization of the] American Legion, and the [third]
12 second by the county organization of the Veterans of Foreign
13 Wars, and the third by the Italian American War Veterans of the
14 United States, Incorporated, and so on in rotation. [That is to
15 say, that when no member representing the Veterans of the Civil
16 War shall remain on said board, the elective personnel of the
17 board shall be as follows: Elective members sixteen; United
18 Spanish War Veterans (four); American Legion (four); Veterans of
19 Foreign Wars (four); Italian American War Veterans of the United
20 States, Incorporated (four).] If there is a loss of membership
21 on the board or if an additional veterans' group seeks
22 membership on the board, the General Assembly shall consider any
23 veterans' group which applies in writing for membership. The
24 General Assembly shall MAY admit a group to membership if all of <--
25 the following apply:
26 (1) The group is a chartered non-profit veterans'
27 organization whose goals are relevant to the representation of
28 veterans' organizations and whose membership consists solely of
29 honorably discharged veterans of the armed forces of the United
30 States and all components of the armed forces, including reserve
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1 and Pennsylvania National Guard forces.
2 (2) The group supports and promotes the Constitution of the
3 United States and policies and laws of the United States and
4 this Commonwealth.
5 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: <--
6 ARTICLE XXXI-C
7 SECOND CLASS COUNTY CHARTER LAW
8 SECTION 3101-C. LEGISLATIVE FINDINGS AND DECLARATIONS.--THE
9 GENERAL ASSEMBLY HEREBY DETERMINES, DECLARES AND FINDS THAT
10 THERE IS A NEED FOR GREATER EFFICIENCY, ECONOMY AND
11 EFFECTIVENESS IN THE GOVERNANCE OF SECOND CLASS COUNTIES.
12 SECTION 3102-C. DEFINITIONS.--UNLESS THE CONTEXT CLEARLY
13 INDICATES OTHERWISE, THE FOLLOWING WORDS AND PHRASES WHEN USED
14 IN THIS ARTICLE SHALL HAVE THE FOLLOWING MEANINGS:
15 "CHARTER," A COUNTY HOME RULE CHARTER AS AUTHORIZED BY
16 SECTIONS 2 AND 4 OF ARTICLE IX OF THE CONSTITUTION OF
17 PENNSYLVANIA.
18 "COMMISSION" OR "APPORTIONMENT COMMISSION," THE BODY THAT
19 SHALL INITIALLY APPORTION THE COUNTY INTO LEGISLATIVE DISTRICTS.
20 "COMMITTEE" OR "CHARTER DRAFTING COMMITTEE," THE BODY
21 COMPOSED OF APPOINTEES WHO SHALL DRAFT THE INITIAL CHARTER OF
22 THE COUNTY.
23 "COUNTY," A COUNTY OF THE SECOND CLASS.
24 "GOVERNING BODY," THE BOARD OF COMMISSIONERS OF THE COUNTY.
25 "PROPOSED CHARTER," THE CHARTER PREPARED AND WRITTEN BY THE
26 CHARTER DRAFTING COMMITTEE AND PRESENTED TO THE ELECTORS OF THE
27 COUNTY FOR ADOPTION BY REFERENDUM.
28 SECTION 3103-C. CONSTRUCTION OF ARTICLE.--(A) THE TERMS AND
29 PROVISIONS OF THIS ARTICLE ARE TO BE LIBERALLY CONSTRUED TO BEST
30 ACHIEVE AND EFFECTUATE THE GOALS AND PURPOSES OF THIS ARTICLE.
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1 (B) THIS ARTICLE SHALL BE CONSIDERED AND CONSTRUED IN PARI
2 MATERIA WITH 53 PA.C.S. PT. III SUBPT. E (RELATING TO HOME RULE
3 AND OPTIONAL PLAN GOVERNMENT), EXCEPT THAT:
4 (1) THE CHARTER DRAFTING COMMITTEE RESPONSIBLE FOR PROPOSING
5 A CHARTER FOR THE COUNTY SHALL SERVE IN LIEU OF A GOVERNMENT
6 STUDY COMMISSION AND SHALL BE APPOINTED PURSUANT TO THIS ARTICLE
7 RATHER THAN ELECTED PURSUANT TO 53 PA.C.S. CH. 29 SUBCH. B
8 (RELATING TO PROCEDURE FOR ADOPTION OF HOME RULE CHARTER OR
9 OPTIONAL PLAN OF GOVERNMENT).
10 (2) ANY VACANCY IN THE MEMBERSHIP OF THE CHARTER DRAFTING
11 COMMITTEE SHALL BE FILLED BY APPOINTMENT BY THE BODY THAT MADE
12 THE APPOINTMENT THAT HAS BEEN VACATED, PROVIDED, HOWEVER, THAT
13 IF THE BODY FAILS TO FILL A VACANCY WITHIN TWENTY (20) CALENDAR
14 DAYS OF THE OCCURRENCE OF THE VACANCY, THE VACANCY MAY BE FILLED
15 IN THE MANNER OTHERWISE PROVIDED BY LAW.
16 (3) THE FUNCTION OF THE CHARTER DRAFTING COMMITTEE SHALL BE
17 TO PREPARE A SPECIFIC CHARTER FOR THE COUNTY WHICH PROVIDES FOR
18 AN ELECTED COUNTY EXECUTIVE, AN APPOINTED PROFESSIONAL COUNTY
19 MANAGER AND AN ELECTED COUNTY LEGISLATIVE COUNCIL.
20 (4) AN ORDINANCE MAY NOT BE PASSED AND A PETITION MAY NOT BE
21 FILED FOR THE ELECTION OF A GOVERNMENT STUDY COMMISSION PURSUANT
22 TO 53 PA.C.S. § 2911 (RELATING TO SUBMISSION OF QUESTION FOR
23 ELECTION OF GOVERNMENT STUDY COMMISSION) WHILE PROCEEDINGS TO
24 PREPARE AND ADOPT A CHARTER ARE PENDING PURSUANT TO THIS
25 ARTICLE.
26 (5) THE CHARTER DRAFTING COMMITTEE SHALL PREPARE A CHARTER
27 AND REPORT IT TO THE CITIZENS OF THE COUNTY WITHIN THE TIME SET
28 FORTH BY THIS ARTICLE, RATHER THAN AS ESTABLISHED BY 53 PA.C.S.
29 § 2921 (RELATING TO REPORT OF FINDINGS AND RECOMMENDATIONS).
30 (6) THE APPORTIONMENT COMMISSION SHALL APPORTION THE COUNTY
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1 INTO LEGISLATIVE DISTRICTS PURSUANT TO THIS ARTICLE FOLLOWING
2 THE APPROVAL OF THE CHARTER BY THE ELECTORS OF THE COUNTY RATHER
3 THAN AS ESTABLISHED BY 53 PA.C.S § 2921.
4 (7) ANY VACANCY IN THE MEMBERSHIP OF THE APPORTIONMENT
5 COMMISSION SHALL BE FILLED BY APPOINTMENT BY THE GOVERNING BODY
6 FOLLOWING THE PROVISIONS FOR NOMINATION MADE FOR THE APPOINTMENT
7 THAT HAS BEEN VACATED: PROVIDED, HOWEVER, THAT IF THE BODY FAILS
8 TO FILL A VACANCY WITHIN TWENTY (20) CALENDAR DAYS OF THE
9 OCCURRENCE OF THE VACANCY, THE REMAINING MEMBERS OF THE
10 COMMISSION SHALL FILL IT BY APPOINTING SOME OTHER PROPERLY
11 QUALIFIED ELECTOR OF THE COUNTY.
12 (C) THIS ARTICLE SHALL NOT APPLY TO COUNTIES OF THE SECOND
13 CLASS A.
14 SECTION 3104-C. CHARTER DRAFTING COMMITTEE.--(A) THE
15 GOVERNING BODY SHALL, BY ORDINANCE, ESTABLISH A CHARTER DRAFTING
16 COMMITTEE.
17 (B) THE COMMITTEE SHALL CONSIST OF EIGHT MEMBERS, EACH OF
18 WHOM SHALL BE A RESIDENT AND REGISTERED VOTER OF THE COUNTY
19 APPOINTED BY UNANIMOUS VOTE OF THE GOVERNING BODY. ONE MEMBER
20 SHALL BE NOMINATED BY THE PRESIDENT PRO TEMPORE OF THE SENATE,
21 WHO MUST BE A PERSON SUBMITTED BY A MEMBER OF ONE OF THE
22 SENATE'S LEGISLATIVE CAUCUSES DULY ELECTED FROM THE COUNTY. ONE
23 MEMBER SHALL BE NOMINATED BY THE PRESIDENT PRO TEMPORE OF THE
24 SENATE, WHO MUST BE A PERSON SUBMITTED BY A MEMBER OF THE OTHER
25 OF THE SENATE'S LEGISLATIVE CAUCUSES DULY ELECTED FROM THE
26 COUNTY. ONE MEMBER SHALL BE NOMINATED BY THE SPEAKER OF THE
27 HOUSE OF REPRESENTATIVES, WHO MUST BE A PERSON SUBMITTED BY A
28 MEMBER OF ONE OF THE HOUSE OF REPRESENTATIVES' LEGISLATIVE
29 CAUCUSES DULY ELECTED FROM THE COUNTY. ONE MEMBER SHALL BE
30 NOMINATED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO
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1 MUST BE A PERSON SUBMITTED BY A MEMBER OF THE OTHER OF THE HOUSE
2 OF REPRESENTATIVES' LEGISLATIVE CAUCUSES DULY ELECTED FROM THE
3 COUNTY. NO MEMBER OF THE CHARTER DRAFTING COMMITTEE SHALL BE A
4 CANDIDATE FOR NOMINATION OR ELECTION TO THE OFFICE OF ELECTED
5 COUNTY EXECUTIVE FOR A PERIOD COMMENCING WITH THE MEMBER'S
6 APPOINTMENT TO THE CHARTER DRAFTING COMMITTEE AND CONTINUING
7 UNTIL FIVE (5) YEARS FOLLOWING THE EFFECTIVE DATE OF THE
8 CHARTER. IN MAKING THE APPOINTMENTS, THE GOVERNING BODY OF THE
9 COUNTY SHALL CONSIDER THE RACIAL, GEOGRAPHIC AND GENDER
10 DIVERSITY OF THE COUNTY.
11 (C) ANY VACANCY IN THE MEMBERSHIP OF THE CHARTER DRAFTING
12 COMMITTEE SHALL BE FILLED BY APPOINTMENT BY THE BODY THAT MADE
13 THE APPOINTMENT THAT HAS BEEN VACATED: PROVIDED, HOWEVER, THAT
14 IF THE BODY FAILS TO FILL A VACANCY WITHIN TWENTY (20) CALENDAR
15 DAYS OF THE OCCURRENCE OF THE VACANCY, THE VACANCY MAY BE FILLED
16 IN THE MANNER OTHERWISE PROVIDED BY LAW.
17 (D) THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT
18 COMPENSATION, BUT SHALL BE REIMBURSED BY THE COUNTY FOR
19 NECESSARY EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR
20 DUTIES. THE GOVERNING BODY OF THE SECOND CLASS COUNTY SHALL
21 APPROPRIATE MONEYS NECESSARY FOR SUCH PURPOSE.
22 SECTION 3105-C. PROPOSED CHARTER.--(A) THE CHARTER DRAFTING
23 COMMITTEE SHALL PREPARE A CHARTER AND REPORT IT TO THE CITIZENS
24 AND THE GOVERNING BODY OF THE COUNTY WITHIN THREE (3) MONTHS
25 FROM THE DATE OF ITS APPOINTMENT. BY AN AFFIRMATIVE VOTE OF AT
26 LEAST FIVE MEMBERS OF THE COMMITTEE, THE COMMITTEE MAY, ONE TIME
27 ONLY, EXTEND THE TIME TO PREPARE THE CHARTER FOR UP TO AN
28 ADDITIONAL THREE (3) MONTHS. ADOPTION OF THE CHARTER BY THE
29 COMMITTEE SHALL REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST SIX
30 MEMBERS OF THE COMMITTEE.
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1 (B) THE CHARTER SHALL PROVIDE FOR AN ELECTED COUNTY
2 EXECUTIVE, AN ELECTED COUNTY LEGISLATIVE COUNCIL AND AN
3 APPOINTED PROFESSIONAL COUNTY MANAGER. THE CHARTER SHALL LIMIT
4 THE ELECTED COUNTY EXECUTIVES TO THREE CONSECUTIVE TERMS OF
5 OFFICE. THE COUNTY COUNCIL SHALL CONSIST OF THIRTEEN TO FIFTEEN
6 MEMBERS ELECTED BY DISTRICT, AND ONE TO THREE MEMBERS ELECTED AT
7 LARGE SO THAT THE NUMBER OF COUNCIL MEMBERS TAKEN AS A WHOLE
8 SHALL BE AN ODD NUMBER. IN THE EVENT THAT THE NUMBER OF AT-LARGE
9 MEMBERS SHALL BE EITHER ONE OR TWO, EACH POLITICAL PARTY OR BODY
10 SHALL BE ENTITLED TO NOMINATE ONE CANDIDATE; AND EACH QUALIFIED
11 ELECTOR SHALL VOTE FOR ONE AT-LARGE MEMBER. IN THE EVENT THAT
12 THE NUMBER OF AT-LARGE MEMBERS SHALL BE THREE, EACH POLITICAL
13 PARTY OR BODY SHALL BE ENTITLED TO NOMINATE TWO CANDIDATES; AND
14 EACH QUALIFIED ELECTOR SHALL VOTE FOR TWO AT-LARGE MEMBERS. NO
15 COUNCIL MEMBER SHALL BE A CANDIDATE FOR NOMINATION OR ELECTION
16 TO ANY POLITICAL OFFICE EXCEPT FOR THE OFFICE OF MEMBER OF
17 COUNCIL, UNLESS THE MEMBER SHALL HAVE FIRST RESIGNED FROM
18 COUNCIL. COUNCIL MEMBERS SHALL NOT BE SALARIED, BUT THE CHARTER
19 MAY PROVIDE REIMBURSEMENT FOR EXPENSES AND A PER-MEETING
20 STIPEND. THE CHARTER SHALL PROVIDE REASONABLE LIMITS ON COUNCIL
21 STAFF AND OFFICE EXPENSES.
22 (C) THE CHARTER ADOPTED BY THE COUNTY SHALL NOT ELIMINATE
23 ANY ELECTED COUNTY OFFICERS OTHER THAN THE COUNTY COMMISSIONERS.
24 THE CHARTER SHALL BE SUBJECT TO 53 PA.C.S. CH. 29 SUBCH. E
25 (RELATING TO GENERAL POWERS AND LIMITATIONS OF HOME RULE CHARTER
26 MUNICIPALITIES).
27 SECTION 3106-C. PUBLIC HEARINGS.--AT LEAST FIVE PUBLIC
28 HEARINGS SHALL BE HELD BY THE CHARTER DRAFTING COMMITTEE WITHIN
29 FOUR (4) WEEKS OF THE ORGANIZATION OF THE COMMITTEE. AT LEAST
30 FIVE PUBLIC HEARINGS SHALL BE HELD BY THE CHARTER DRAFTING
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1 COMMITTEE WITHIN FOUR (4) WEEKS OF THE ADOPTION OF THE PROPOSED
2 CHARTER BY THE COMMITTEE. AT A MINIMUM, A PUBLIC HEARING SHALL
3 BE HELD IN THE NORTHERN, SOUTHERN, EASTERN AND WESTERN PARTS OF
4 THE COUNTY AND IN THE LARGEST MUNICIPALITY IN THE COUNTY. PUBLIC
5 HEARINGS CONDUCTED UNDER THIS SECTION SHALL BE CONSIDERED AN
6 OPEN MEETING FOR WHICH PUBLIC NOTICE MUST BE GIVEN IN ACCORDANCE
7 WITH THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE
8 "SUNSHINE ACT." EXPENSES INCURRED IN CONDUCTING THE PUBLIC
9 HEARINGS SHALL BE BORNE BY THE COUNTY.
10 SECTION 3107-C. CHARTER LIMITATIONS.--(A) THE CHARTER SHALL
11 BE SUBJECT TO ANY LIMITATIONS ESTABLISHED BY THE CONSTITUTION OF
12 THE UNITED STATES AND THE CONSTITUTION OF PENNSYLVANIA.
13 (B) THE CHARTER SHALL INCLUDE THE PROPERTY TAX RATE LIMITS
14 FOR THE COUNTY THAT ARE IN EFFECT AT THE EFFECTIVE DATE OF THIS
15 ARTICLE. THESE LIMITS ARE FOR GENERAL COUNTY PURPOSES UNDER
16 SECTION 1970 OF THIS ACT, COUNTY INSTITUTION DISTRICTS UNDER
17 SECTION 307 OF THE ACT OF JUNE 24, 1937 (P.L.2017, NO.396),
18 KNOWN AS THE "COUNTY INSTITUTION DISTRICT LAW," AND COMMUNITY
19 COLLEGES UNDER SECTION 1909-A OF THE ACT OF MARCH 10, 1949
20 (P.L.30, NO.14), KNOWN AS "THE PUBLIC SCHOOL CODE OF 1949."
21 (C) THE CHARTER SHALL INCLUDE THE ASSESSMENT LIMITATION
22 PROVISIONS OF SECTION 3110-C OF THIS ACT AS THEY APPLY TO THE
23 COUNTY.
24 (D) THE CHARTER SHALL NOT AFFECT THE HOTEL ROOM RENTAL TAX
25 UNDER SECTION 1970.2 OR THE SALES AND USE TAX UNDER SECTION
26 3152-B.
27 (E) THE CHARTER SHALL MAINTAIN THE INTEGRITY OF MUNICIPAL
28 BOUNDARIES AND SHALL PROHIBIT THE COUNTY FROM FORCING
29 ANNEXATION, MERGER OR CONSOLIDATIONS OF MUNICIPALITIES.
30 (F) THE CHARTER SHALL PROHIBIT THE COUNTY FROM EXERCISING
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1 ANY POWER OR FUNCTION WITHIN A MUNICIPALITY THAT IS BEING
2 EXERCISED BY THAT MUNICIPALITY IF THE MUNICIPALITY ELECTS BY
3 ORDINANCE TO BE EXCLUDED FROM THE COUNTY EXERCISE OF THAT POWER
4 OR FUNCTION.
5 (G) THE CHARTER SHALL BE SUBJECT TO 53 PA.C.S. CH. 29 SUBCH.
6 E (RELATING TO GENERAL POWERS AND LIMITATIONS OF HOME RULE
7 CHARTER MUNICIPALITIES).
8 (H) WITH RESPECT TO THE FOLLOWING SUBJECTS, THE CHARTER
9 SHALL NOT GIVE ANY POWER OR AUTHORITY TO THE COUNTY CONTRARY TO,
10 OR IN LIMITATION OR ENLARGEMENT OF, POWERS GRANTED BY ACTS OF
11 THE GENERAL ASSEMBLY WHICH ARE APPLICABLE TO COUNTIES OF THE
12 SECOND CLASS:
13 (1) THE FILING AND COLLECTION OF MUNICIPAL TAX CLAIMS OR
14 LIENS AND THE SALE OF REAL OR PERSONAL PROPERTY IN SATISFACTION
15 THEREOF.
16 (2) THE PROCEDURE IN THE EXERCISE OF THE POWERS OF EMINENT
17 DOMAIN, AND THE ASSESSMENT OF DAMAGES AND BENEFITS FOR PROPERTY
18 TAKEN, INJURED OR DESTROYED.
19 (3) BOUNDARY CHANGES OF MUNICIPALITIES.
20 (4) THE REGULATION OF PUBLIC SCHOOLS.
21 (5) THE REGISTRATION OF ELECTORS AND THE CONDUCT OF
22 ELECTIONS.
23 (6) THE FIXING OF SUBJECTS OF TAXATION.
24 (7) THE FIXING OF RATES OF NONPROPERTY OR PERSONAL TAXES
25 LEVIED UPON NONRESIDENTS.
26 (8) THE ASSESSMENT OF REAL OR PERSONAL PROPERTY AND PERSONS
27 FOR TAXATION PURPOSES.
28 (9) DEFINING OR PROVIDING FOR THE PUNISHMENT OF ANY FELONY
29 OR MISDEMEANOR.
30 (10) MUNICIPAL PLANNING UNDER THE PROVISIONS OF THE ACT OF
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1 JULY 31, 1968 (P.L.805, NO.247), KNOWN AS THE "PENNSYLVANIA
2 MUNICIPALITIES PLANNING CODE."
3 (I) NO COUNTY SHALL:
4 (1) ENGAGE IN ANY PROPRIETARY OR PRIVATE BUSINESS EXCEPT AS
5 AUTHORIZED BY THE GENERAL ASSEMBLY.
6 (2) EXERCISE POWERS CONTRARY TO, OR LIMITATION OR
7 ENLARGEMENT OF, POWERS GRANTED BY ACTS OF THE GENERAL ASSEMBLY
8 WHICH ARE APPLICABLE IN EVERY PART OF THIS COMMONWEALTH.
9 (3) BE GIVEN THE POWER TO DIMINISH THE RIGHTS OR PRIVILEGES
10 OF ANY FORMER EMPLOYE ENTITLED TO BENEFITS OR ANY PRESENT
11 EMPLOYE IN HIS PENSION OR RETIREMENT SYSTEM.
12 (4) ENACT OR PROMULGATE ANY ORDINANCE OR REGULATION WITH
13 RESPECT TO DEFINITIONS, SANITATION, SAFETY, HEALTH, STANDARDS OF
14 IDENTITY OR LABELING PERTAINING TO THE MANUFACTURE, PROCESSING,
15 STORAGE, DISTRIBUTION AND SALE OF ANY FOODS, GOODS OR SERVICES
16 SUBJECT TO ANY COMMONWEALTH LAWS OR REGULATIONS UNLESS SUCH
17 ORDINANCE OR REGULATION IS UNIFORM IN ALL RESPECTS WITH SUCH
18 COMMONWEALTH LAWS AND REGULATIONS. NOTHING CONTAINED IN THIS
19 ARTICLE SHALL BE CONSTRUED TO IN ANY WAY AFFECT THE POWER OF ANY
20 COUNTY TO ENACT AND ENFORCE ORDINANCES RELATING TO BUILDING
21 CODES OR ANY OTHER SAFETY, SANITATION OR HEALTH REGULATION
22 PERTAINING THERETO.
23 (5) ENACT ANY PROVISION INCONSISTENT WITH ANY STATUTE
24 HERETOFORE ENACTED BY THE GENERAL ASSEMBLY AFFECTING THE RIGHTS,
25 BENEFITS OR WORKING CONDITIONS OF ANY EMPLOYE OF A POLITICAL
26 SUBDIVISION OF THE COMMONWEALTH.
27 (J) ACTS OF THE GENERAL ASSEMBLY IN EFFECT ON THE EFFECTIVE
28 DATE OF THIS ARTICLE THAT ARE UNIFORM AND APPLICABLE IN EVERY
29 PART OF THIS COMMONWEALTH SHALL REMAIN IN EFFECT AND SHALL NOT
30 BE CHANGED OR MODIFIED BY THIS ARTICLE. ACTS OF THE GENERAL
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1 ASSEMBLY ENACTED AFTER THE EFFECTIVE DATE OF THIS ARTICLE THAT
2 ARE UNIFORM AND APPLICABLE IN EVERY PART OF THIS COMMONWEALTH
3 SHALL SUPERSEDE ANY MUNICIPAL ORDINANCE OR RESOLUTION ON THE
4 SAME SUBJECT.
5 (K) NO COUNTY SHALL ENACT ANY ORDINANCE OR TAKE ANY OTHER
6 ACTION DEALING WITH THE REGULATION OF THE TRANSFER, OWNERSHIP,
7 TRANSPORTATION OR POSSESSION OF FIREARMS.
8 (L) NO COUNTY WHICH ADOPTS A HOME RULE CHARTER MAY
9 RETROACTIVELY INCREASE ANY FEE OR CHARGE FOR ANY SERVICE WHICH
10 HAS BEEN PROVIDED.
11 SECTION 3108-C. REFERENDUM.--THE CHIEF CLERK OF THE COUNTY
12 SHALL CERTIFY A COPY OF THE REPORT AND PROPOSED CHARTER TO THE
13 COUNTY BOARD OF ELECTIONS WITHIN FIVE (5) DAYS OF ITS PUBLIC
14 REPORT BY THE CHARTER DRAFTING COMMITTEES, WHICH SHALL CAUSE THE
15 QUESTION OF THE ADOPTION OR REJECTION OF THE PROPOSED CHARTER TO
16 BE PLACED UPON THE BALLOT OR VOTING MACHINES AT THE NEXT
17 GENERAL, MUNICIPAL OR PRIMARY ELECTION, AS THE CASE MAY BE,
18 OCCURRING NOT LESS THAN SIXTY (60) DAYS FOLLOWING THE FILING OF
19 A COPY OF THE COMMITTEE'S REPORT WITH THE COUNTY BOARD OF
20 ELECTIONS. AT THE ELECTION, THE QUESTION OF ADOPTING THE CHARTER
21 SHALL BE SUBMITTED TO THE ELECTORS OF THE COUNTY IN THE SAME
22 MANNER AS OTHER QUESTIONS ARE SUBMITTED TO THE ELECTORS UNDER
23 THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
24 "PENNSYLVANIA ELECTION CODE." THE COMMITTEE SHALL FRAME THE
25 QUESTION TO BE PLACED UPON THE BALLOT AS PROVIDED FOR IN 53
26 PA.C.S. § 2925 (RELATING TO FORM OF QUESTION ON FORM OF
27 GOVERNMENT) AND, IF IT DEEMS APPROPRIATE, AN INTERPRETATIVE
28 STATEMENT TO ACCOMPANY THE QUESTION.
29 SECTION 3109-C. APPORTIONMENT COMMISSION.--(A) IF THE
30 PROPOSED CHARTER IS APPROVED BY THE ELECTORS AS PROVIDED IN THIS
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1 ARTICLE, THE GOVERNING BODY SHALL, BY ORDINANCE, ESTABLISH AN
2 APPORTIONMENT COMMISSION TO APPORTION THE COUNTY INTO
3 LEGISLATIVE DISTRICTS TO EFFECT THE PROVISIONS OF SECTION
4 3105(B).
5 (B) THE APPORTIONMENT COMMISSION SHALL CONSIST OF FIVE
6 MEMBERS EACH OF WHOM SHALL BE A RESIDENT AND REGISTERED VOTER OF
7 THE COUNTY APPOINTED BY UNANIMOUS VOTE OF THE GOVERNING BODY.
8 ONE MEMBER SHALL BE NOMINATED BY THE PRESIDENT PRO TEMPORE OF
9 THE SENATE, WHO MUST BE A PERSON SUBMITTED BY A MEMBER DULY
10 ELECTED FROM THE COUNTY AND OF THE SAME SENATE LEGISLATIVE
11 CAUCUS AS THE PRESIDENT PRO TEMPORE OF THE SENATE. ONE MEMBER
12 SHALL BE NOMINATED BY THE MINORITY LEADER OF THE SENATE, WHO
13 MUST BE A PERSON SUBMITTED BY A MEMBER DULY ELECTED FROM THE
14 COUNTY AND OF THE SAME SENATE LEGISLATIVE CAUCUS AS THE MINORITY
15 LEADER OF THE SENATE. ONE MEMBER SHALL BE NOMINATED BY THE
16 SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO MUST BE A PERSON
17 SUBMITTED BY A MEMBER DULY ELECTED FROM THE COUNTY AND OF THE
18 SAME HOUSE LEGISLATIVE CAUCUS AS THE SPEAKER OF THE HOUSE OF
19 REPRESENTATIVES. ONE MEMBER SHALL BE NOMINATED BY THE MINORITY
20 LEADER OF THE HOUSE OF REPRESENTATIVES, WHO MUST BE A PERSON
21 SUBMITTED BY A MEMBER DULY ELECTED FROM THE COUNTY AND OF THE
22 SAME HOUSE LEGISLATIVE CAUCUS AS THE MINORITY LEADER OF THE
23 HOUSE OF REPRESENTATIVES. THE FIFTH MEMBER SHALL BE NOMINATED BY
24 THE OTHER FOUR MEMBERS. IN THE EVENT THAT THE FOUR MEMBERS FAIL
25 TO NOMINATE THE FIFTH MEMBER WITHIN TWENTY (20) DAYS, THE
26 GOVERNING BODY OF THE COUNTY SHALL UNANIMOUSLY APPOINT THE FIFTH
27 MEMBER OF THE COMMISSION. NO INDIVIDUAL WHO HAS SERVED AS A
28 MEMBER OF THE CHARTER DRAFTING COMMITTEE SHALL BE APPOINTED TO
29 SERVE AS A MEMBER OF THE APPORTIONMENT COMMISSION.
30 (C) ANY VACANCY IN THE MEMBERSHIP OF THE APPORTIONMENT
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1 COMMISSION SHALL BE FILLED BY APPOINTMENT BY THE GOVERNING BODY
2 FOLLOWING THE PROVISIONS FOR NOMINATION MADE FOR THE MEMBERSHIP
3 THAT HAS BEEN VACATED: PROVIDED, HOWEVER, THAT IF THE BODY FAILS
4 TO FILL A VACANCY WITHIN TWENTY (20) CALENDAR DAYS OF THE
5 OCCURRENCE OF THE VACANCY, THE REMAINING MEMBERS OF THE
6 COMMISSION SHALL FILL IT BY APPOINTING SOME OTHER PROPERLY
7 QUALIFIED ELECTOR OF THE COUNTY.
8 (D) THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT
9 COMPENSATION, BUT SHALL BE REIMBURSED BY THE COUNTY FOR THEIR
10 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
11 THE GOVERNING BODY OF THE COUNTY SHALL APPROPRIATE MONEYS
12 NECESSARY FOR SUCH PURPOSE AND FOR NECESSARY STAFF AND SUPPORT
13 SERVICES INCLUDING, BUT NOT LIMITED TO, NECESSARY FUNDS FOR THE
14 DEFENSE OF THE APPORTIONMENT PLAN AND THE DEFENSE AND
15 INDEMNIFICATION OF THE APPORTIONMENT COMMISSION.
16 (E) IN ORDER TO ASSIST THE APPORTIONMENT COMMISSION IN ITS
17 UNDERSTANDING OF THE GEOGRAPHIC DIVERSITY WITHIN THE COUNTY, THE
18 APPORTIONMENT COMMISSION SHALL APPOINT AND CONSULT WITH AN
19 APPORTIONMENT ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL
20 CONSIST OF APPOINTEES WHO ARE RESIDENTS AND REGISTERED ELECTORS
21 OF THE COUNTY AND ARE APPOINTED FROM NOMINATIONS PROVIDED BY
22 EACH OF THE GOVERNING BODIES OF THE COUNCILS OF GOVERNMENT
23 WITHIN THE COUNTY, THREE APPOINTEES NOMINATED BY THE CITY
24 COUNCIL OF ANY CITY OF THE SECOND CLASS WITHIN THE COUNTY THAT
25 IS NOT A MEMBER OF A COUNCIL OF GOVERNMENTS AND ONE APPOINTEE
26 WHO SHALL BE A RESIDENT AND REGISTERED ELECTOR OF ANY BOROUGH,
27 TOWNSHIP OR CITY OF THE THIRD CLASS THAT IS NOT A MEMBER OF A
28 COUNCIL OF GOVERNMENTS.
29 (F) WITHIN FOUR (4) WEEKS FOLLOWING THE PUBLICATION OF A
30 DRAFT APPORTIONMENT PLAN, THE APPORTIONMENT COMMISSION SHALL
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1 HOLD FIVE HEARINGS THROUGHOUT THE COUNTY TO PRESENT THE
2 APPORTIONMENT PLAN AND RECEIVE COMMENTS PRIOR TO THE ADOPTION OF
3 THE APPORTIONMENT. AT A MINIMUM, A PUBLIC HEARING SHALL BE HELD
4 IN THE NORTHERN, SOUTHERN, EASTERN AND WESTERN PARTS OF THE
5 COUNTY AND IN THE LARGEST MUNICIPALITY IN THE COUNTY. EXPENSES
6 INCURRED IN CONDUCTING THE PUBLIC HEARINGS SHALL BE BORNE BY THE
7 COUNTY.
8 (G) THE COMMISSION SHALL COMPLETE THE APPORTIONMENT WITHIN
9 ONE HUNDRED TWENTY (120) DAYS OF THE VOTERS' APPROVAL OF THE
10 CHARTER. THE FINAL APPORTIONMENT SHALL REQUIRE AN AFFIRMATIVE
11 VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION.
12 (H) THE COUNTY SHALL BE DIVIDED INTO DISTRICTS WHICH SHALL
13 BE COMPOSED OF COMPACT AND CONTIGUOUS TERRITORY AS NEARLY EQUAL
14 IN POPULATION AS PRACTICABLE AS OFFICIALLY AND FINALLY REPORTED
15 IN THE MOST RECENT FEDERAL CENSUS, DECENNIAL OR SPECIAL. UNLESS
16 ABSOLUTELY NECESSARY, NO CITY, INCORPORATED TOWN, BOROUGH,
17 TOWNSHIP OR WARD SHALL BE DIVIDED IN FORMING LEGISLATIVE
18 DISTRICTS. NO CITY BLOCK SHALL BE DIVIDED INTO MORE THAN ONE
19 DISTRICT. NO "ELECTION DISTRICT," AS DEFINED IN SECTION 102(G)
20 OF THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
21 "PENNSYLVANIA ELECTION CODE," SHALL BE DIVIDED INTO MORE THAN
22 ONE DISTRICT. A MUNICIPALITY SHALL BE DIVIDED INTO AS FEW
23 DISTRICTS AS POSSIBLE. THE NUMBER OF WARDS WHOSE TERRITORY IS
24 DIVIDED INTO MORE THAN ONE DISTRICT SHALL BE AS SMALL AS
25 POSSIBLE. THE AGGREGATE LENGTH OF ALL DISTRICT BOUNDARIES SHALL
26 BE AS SHORT AS REASONABLE AND PRACTICABLE.
27 (I) SUBSEQUENT REAPPORTIONMENT OF THE COUNTY SHALL BE
28 GOVERNED BY THE ACT OF DECEMBER 13, 1974 (P.L.947, NO.312),
29 KNOWN AS THE "MUNICIPAL REAPPORTIONMENT ACT."
30 SECTION 3110-C. ASSESSMENT LIMITS ON COUNTIES OF THE SECOND
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1 CLASS.--NOTWITHSTANDING ANY PROVISIONS OF THE ACT OF JUNE 21,
2 1939 (P.L.626, NO.294), REFERRED TO AS THE SECOND CLASS COUNTY
3 ASSESSMENT LAW, TO THE CONTRARY, WHEN A COUNTY OF THE SECOND
4 CLASS MAKES ITS ANNUAL REASSESSMENT AT VALUES BASED UPON AN
5 ESTABLISHED PREDETERMINED RATIO, AS REQUIRED BY LAW, OR WHEN A
6 COUNTY OF THE SECOND CLASS CHANGES ITS PREDETERMINED RATIO, THE
7 COUNTY, WHICH HEREAFTER LEVIES ITS REAL ESTATE TAXES ON THAT
8 REVISED ASSESSMENT OR VALUATION, SHALL FOR THAT YEAR REDUCE ITS
9 TAX RATE, IF NECESSARY FOR THE PURPOSE OF HAVING A TOTAL AMOUNT
10 OF PROPERTY TAX REVENUE RECEIVED EXCLUSIVELY AS A RESULT OF THE
11 REASSESSMENT OR CHANGE IN RATIO NOT TO EXCEED ONE HUNDRED FIVE
12 PER CENTUM (105%) OF THE TOTAL AMOUNT OF PROPERTY TAX REVENUE
13 RECEIVED IN THE PRECEDING YEAR, NOTWITHSTANDING THE INCREASED
14 VALUATIONS OF PROPERTIES UNDER THE ANNUAL REASSESSMENT SYSTEM.
15 FOR THE PURPOSES OF DETERMINING THE TOTAL AMOUNT OF REVENUE
16 RECEIVED EXCLUSIVELY AS A RESULT OF THE REASSESSMENT OR CHANGE
17 IN RATIO FOR THE YEAR, THE AMOUNT TO BE LEVIED ON NEWLY
18 CONSTRUCTED BUILDINGS OR STRUCTURES OR ON INCREASED VALUATIONS
19 BASED ON NEW IMPROVEMENTS MADE TO EXISTING STRUCTURES SHALL NOT
20 BE CONSIDERED.
21 SECTION 3111-C. TRANSITION.--(A) THE ELECTION OF THE COUNTY
22 EXECUTIVE AND THE COUNTY LEGISLATIVE COUNCIL SHALL OCCUR AT
23 EITHER THE MUNICIPAL ELECTION OCCURRING IN 1999 OR AT THE NEXT
24 MUNICIPAL ELECTION, AS THE CASE MAY BE, FOLLOWING APPROVAL OF
25 THE CHARTER AND APPORTIONMENT AS PROVIDED IN THIS ARTICLE.
26 (B) EXCEPT AS PROVIDED IN SUBSECTION (A) AND IN THE CHARTER,
27 ALL PROVISIONS OF THE CHARTER SHALL BE EFFECTIVE ON EITHER
28 JANUARY 1, 2000, OR ON THE NEXT JANUARY 1 FOLLOWING THE ELECTION
29 AT WHICH THE COUNTY EXECUTIVE AND COUNTY COUNCIL ARE ELECTED,
30 WHICHEVER OCCURS LATER.
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1 (C) THE QUESTION OF CHANGING THE FORM OF GOVERNMENT APPROVED
2 BY THE VOTERS AS SET FORTH IN THE CHARTER MAY NOT BE SUBMITTED
3 TO THE ELECTORS EARLIER THAN FIVE YEARS (5) AFTER THE DATE WHICH
4 THE PROPOSED CHARTER WAS APPROVED BY REFERENDUM.
5 SECTION 3112-C. SEVERABILITY.--IF ANY PROVISION OF THIS
6 ARTICLE, OR THE APPLICATION OF SUCH PROVISION TO ANY PERSON OR
7 CIRCUMSTANCES, SHALL BE INVALID, THE REMAINDER OF THIS ARTICLE
8 AND THE APPLICATION OF SUCH PROVISION TO PERSONS OR
9 CIRCUMSTANCES OTHER THAN THOSE AS TO WHICH IT IS HELD INVALID
10 SHALL NOT BE AFFECTED THEREBY.
11 SECTION 3113-C. EXPIRATION.--THIS ARTICLE, WITH THE
12 EXCEPTION OF SECTIONS 3107-C AND 3111-C(C) OF THIS ARTICLE SHALL
13 EXPIRE UPON THE PUBLICATION IN THE PENNSYLVANIA BULLETIN OF
14 NOTICE OF THE SWEARING-IN OF THE FIRST OFFICIAL ELECTED PURSUANT
15 TO A CHARTER ADOPTED UNDER THIS ARTICLE.
16 SECTION 3. THIS SECTION 4. THE ADDITION OF SECTION 1970.3 <--
17 OF THE act shall be implemented no later than July 1 of the
18 first year following the effective date of this act.
19 SECTION 5. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR <--
20 AS THEY ARE INCONSISTENT WITH THIS ACT.
21 Section 4 6. This act shall take effect in 60 days <--
22 IMMEDIATELY. <--
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