HOUSE AMENDED PRIOR PRINTER'S NOS. 1428, 2296 PRINTER'S NO. 2305
No. 1154 Session of 1999
INTRODUCED BY THOMPSON, LEMMOND, COSTA, GERLACH, PUNT, WOZNIAK, STOUT, MADIGAN, WHITE, BRIGHTBILL, KUKOVICH, ROBBINS, CONTI, HART, WAGNER AND WAUGH, OCTOBER 20, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 20, 2000
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled, 2 as amended, "An act relating to counties of the first, third, 3 fourth, fifth, sixth, seventh and eighth classes; amending, 4 revising, consolidating and changing the laws relating 5 thereto; relating to imposition of excise taxes by counties, 6 including authorizing imposition of an excise tax on the 7 rental of motor vehicles by counties of the first class; and 8 providing for regional renaissance initiatives," PROVIDING <-- 9 FOR INSURANCE AND OTHER EMPLOYEE BENEFITS; further PROVIDING <-- 10 FOR HOTEL OCCUPANCY TAXES AND FOR DELIVERY OF TAX DUPLICATES; <-- 11 AND FURTHER regulating contractors, grounds and buildings and 12 bridges, viaducts and culverts. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 1801 of the act of August 9, 1955 <-- 16 (P.L.323, No.130), known as The County Code, amended July 10, 17 1990 (P.L.379, No.89), is amended to read: 18 SECTION 1. THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), <-- 19 KNOWN AS THE COUNTY CODE, IS AMENDED BY ADDING A SECTION TO 20 READ: 21 SECTION 1556. INSURANCE AND OTHER EMPLOYE BENEFITS.--IN
1 ADDITION TO ANY OTHER AUTHORIZED COMPENSATION, COUNTY 2 COMMISSIONERS AND OTHER COUNTY OFFICERS AND THEIR DEPENDENTS 3 SHALL BE ELIGIBLE FOR INCLUSION IN GROUP LIFE, HEALTH, 4 HOSPITALIZATION, MEDICAL SERVICE AND ACCIDENT INSURANCE PLANS OR 5 OTHER EMPLOYE BENEFITS, OR PAYMENTS MADE IN LIEU OF SUCH 6 BENEFITS, PAID IN WHOLE OR IN PART BY THE COUNTY, PROVIDED SUCH 7 PLANS, BENEFITS OR PAYMENTS ARE OFFERED GENERALLY TO EMPLOYES OF 8 THE COUNTY. 9 SECTION 2. SECTION 1770.2 OF THE ACT, ADDED JUNE 18, 1997 10 (P.L.179, NO.18), IS AMENDED TO READ: 11 SECTION 1770.2. AUTHORIZATION OF EXCISE TAX.--(A) THE 12 COUNTY COMMISSIONERS OF ANY COUNTY WHICH HAS A RECOGNIZED 13 TOURIST PROMOTION AGENCY DESIGNATED TO ACT WITHIN THE COUNTY MAY 14 IMPOSE AN EXCISE TAX NOT TO EXCEED [TWO] THREE PER CENTUM OF THE 15 CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL WITHIN THE 16 COUNTY FROM EACH TRANSACTION OF RENTING A ROOM OR ROOMS TO 17 TRANSIENTS. THE TAX SHALL BE COLLECTED BY THE OPERATOR FROM THE 18 PATRON OF THE ROOM OR ROOMS AND PAID OVER TO THE COUNTY AS 19 HEREIN PROVIDED. 20 (B) THE COUNTY COMMISSIONERS MAY BY ORDINANCE IMPOSE 21 REQUIREMENTS FOR KEEPING OF RECORDS, THE FILING OF TAX RETURNS 22 AND THE TIME AND MANNER OF COLLECTION AND PAYMENT OF TAX. THE 23 COUNTY COMMISSIONERS MAY ALSO IMPOSE BY ORDINANCE PENALTIES AND 24 INTEREST FOR FAILURE TO COMPLY WITH RECORDKEEPING, FILING, 25 COLLECTION AND PAYMENT REQUIREMENTS. 26 (C) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX 27 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT 28 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED 29 FOR THAT PURPOSE. AFTER DEDUCTING FROM THE FUND ANY DIRECT OR 30 INDIRECT COSTS ATTRIBUTABLE TO COLLECTION OF THE TAX, THE COUNTY 19990S1154B2305 - 2 -
1 SHALL DISTRIBUTE TO THE RECOGNIZED TOURIST PROMOTION AGENCY 2 DESIGNATED TO ACT WITHIN THE COUNTY ALL REVENUES RECEIVED FROM 3 THE TAX NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF THE TAX 4 REVENUES. [THE] TWO-THIRDS OF THE REVENUES FROM THE SPECIAL FUND 5 SHALL BE USED BY THE RECOGNIZED TOURIST PROMOTION AGENCY TO 6 DIRECTLY FUND COUNTYWIDE TOURIST PROMOTION. ONE-THIRD OF THE 7 REVENUES FROM THE SPECIAL FUND SHALL BE USED BY THE RECOGNIZED 8 TOURIST PROMOTION AGENCY FOR THE PURPOSES OF TOURISM, CONVENTION 9 PROMOTION AND TOURISM DEVELOPMENT. 10 (D) THE TAX YEAR FOR A TAX IMPOSED UNDER THIS SECTION SHALL 11 RUN CONCURRENTLY WITH THE CALENDAR YEAR. 12 (E) AN AUDITED REPORT ON THE INCOME AND EXPENDITURES 13 INCURRED BY A RECOGNIZED TOURIST PROMOTION AGENCY RECEIVING ANY 14 REVENUES FROM THE TAX AUTHORIZED UNDER THIS SECTION SHALL BE 15 SUBMITTED ANNUALLY BY THE RECOGNIZED TOURIST PROMOTION AGENCY TO 16 THE COUNTY COMMISSIONERS. 17 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES 18 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION: 19 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES, 20 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT 21 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE 22 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL 23 FOR ANY TEMPORARY PERIOD. 24 "COUNTY." ANY COUNTY WHICH IS ON THE EFFECTIVE DATE OF THIS 25 ACT A COUNTY OF THE THIRD CLASS HAVING A POPULATION UNDER THE 26 1990 FEDERAL DECENNIAL CENSUS IN EXCESS OF 337,000 RESIDENTS, 27 BUT LESS THAN 341,000 RESIDENTS, OR A COUNTY OF THE THIRD CLASS 28 HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL CENSUS IN 29 EXCESS OF 374,000 RESIDENTS, BUT LESS THAN 380,000 RESIDENTS, OR 30 A COUNTY OF THE THIRD CLASS HAVING A POPULATION UNDER THE 1990 19990S1154B2305 - 3 -
1 FEDERAL DECENNIAL CENSUS IN EXCESS OF 415,000 RESIDENTS, BUT 2 LESS THAN 500,000 RESIDENTS, OR A COUNTY OF THE FOURTH CLASS 3 HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL CENSUS IN 4 EXCESS OF 159,000 RESIDENTS, BUT LESS THAN 175,000 RESIDENTS, OR 5 A COUNTY OF THE FIFTH CLASS HAVING A POPULATION UNDER THE 1990 6 FEDERAL DECENNIAL CENSUS IN EXCESS OF 123,000 RESIDENTS, OR A 7 COUNTY OF THE FIFTH CLASS HAVING A POPULATION UNDER THE 1990 8 FEDERAL DECENNIAL CENSUS IN EXCESS OF 117,000 RESIDENTS, BUT 9 LESS THAN 121,050 RESIDENTS, OR A COUNTY OF THE SIXTH CLASS 10 HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL CENSUS IN 11 EXCESS OF 87,000 RESIDENTS. 12 "HOTEL." A HOTEL, MOTEL, INN, GUEST HOUSE OR OTHER STRUCTURE 13 WHICH HOLDS ITSELF OUT BY ANY MEANS, INCLUDING ADVERTISING, 14 LICENSE, REGISTRATION WITH AN INNKEEPERS' GROUP, CONVENTION 15 LISTING ASSOCIATION, TRAVEL PUBLICATION OR SIMILAR ASSOCIATION 16 OR WITH A GOVERNMENT AGENCY, AS BEING AVAILABLE TO PROVIDE 17 OVERNIGHT LODGING OR USE OF FACILITY SPACE FOR CONSIDERATION TO 18 PERSONS SEEKING TEMPORARY ACCOMMODATION; ANY PLACE WHICH 19 ADVERTISES TO THE PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT 20 WILL PROVIDE BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A 21 TEMPORARY PERIOD TO MEMBERS OF THE PUBLIC AT LARGE; OR ANY PLACE 22 RECOGNIZED AS A HOSTELRY. THE TERM DOES NOT INCLUDE ANY PORTION 23 OF A FACILITY THAT IS DEVOTED TO PERSONS WHO HAVE AN ESTABLISHED 24 PERMANENT RESIDENCE OR A COLLEGE OR UNIVERSITY STUDENT RESIDENCE 25 HALL OR ANY PRIVATE CAMPGROUND, OR ANY CABINS, PUBLIC 26 CAMPGROUNDS OR OTHER FACILITIES LOCATED ON STATE LAND. 27 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE 28 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF 29 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR 30 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING 19990S1154B2305 - 4 -
1 THE USE AND POSSESSION OF THE ROOM. 2 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT- 3 MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR GROUP OF 4 PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE CUSTODY OF OR 5 OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE OVERNIGHT 6 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION. 7 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE 8 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL. 9 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE 10 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR 11 OTHERWISE FOR A PERIOD EXCEEDING THIRTY CONSECUTIVE DAYS. 12 "RECOGNIZED TOURIST PROMOTION AGENCY." THE NONPROFIT 13 CORPORATION, ORGANIZATION, ASSOCIATION OR AGENCY WHICH IS 14 ENGAGED IN PLANNING AND PROMOTING PROGRAMS DESIGNED TO STIMULATE 15 AND INCREASE THE VOLUME OF TOURIST, VISITOR AND VACATION 16 BUSINESS WITHIN COUNTIES SERVED BY THE AGENCY AS THAT TERM IS 17 DEFINED IN THE ACT OF APRIL 28, 1961 (P.L.111, NO.50), KNOWN AS 18 THE "TOURIST PROMOTION LAW." 19 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY 20 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE 21 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS. 22 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A 23 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM 24 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS 25 OR AN IMPLIED CONTRACT. 26 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A 27 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY 28 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY 29 PAYING A FEE TO THE OPERATOR. 30 SECTION 3. SECTION 1770.5 OF THE ACT, ADDED JUNE 25, 1999 19990S1154B2305 - 5 -
1 (P.L.182, NO.25), IS AMENDED TO READ: 2 SECTION 1770.5. AUTHORIZATION OF [TWO] THREE PER CENTUM 3 HOTEL TAX.--(A) THE COUNTY COMMISSIONERS OF ANY COUNTY OF THE 4 THIRD CLASS HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL 5 CENSUS IN EXCESS OF 237,000 RESIDENTS, BUT LESS THAN 240,000 6 RESIDENTS, MAY IMPOSE A HOTEL TAX NOT TO EXCEED [TWO] THREE PER 7 CENTUM OF THE CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL 8 WITHIN THE COUNTY FROM EACH TRANSACTION OF RENTING A ROOM OR 9 ROOMS TO TRANSIENTS. THE TAX SHALL BE COLLECTED BY THE OPERATOR 10 FROM THE PATRON OF THE ROOM OR ROOMS AND PAID OVER TO THE COUNTY 11 AS HEREIN PROVIDED. 12 (B) THE COUNTY COMMISSIONERS MAY BY ORDINANCE IMPOSE 13 REQUIREMENTS FOR KEEPING OF RECORDS, THE FILING OF TAX RETURNS 14 AND THE TIME AND MANNER OF COLLECTION AND PAYMENT OF TAX. THE 15 COUNTY COMMISSIONERS MAY ALSO IMPOSE BY ORDINANCE PENALTIES AND 16 INTEREST FOR FAILURE TO COMPLY WITH RECORDKEEPING, FILING, 17 COLLECTION AND PAYMENT REQUIREMENTS. 18 (C) THE COUNTY COMMISSIONERS OF EACH COUNTY SHALL DESIGNATE 19 THE ENTITY OR AGENCY RESPONSIBLE TO COLLECT AND TO ENFORCE THE 20 COLLECTION OF THE TAX ON THEIR BEHALF. ALL REVENUES RECEIVED 21 FROM THE TAX SHALL BE DEPOSITED INTO A SPECIAL FUND, WHICH IS TO 22 BE ESTABLISHED BY THE COUNTY'S TREASURER. THE DISPOSITION OF THE 23 TWO-THIRDS OF THE REVENUES FROM THE SPECIAL FUND ATTRIBUTABLE TO <-- 24 THE LEVY OF THE FIRST TWO PER CENTUM OF THE TAX SHALL BE AS 25 FOLLOWS: 26 (1) TWENTY PER CENTUM OF ALL REVENUES RECEIVED PER ANNUM 27 SHALL BE DISTRIBUTED BY THE TREASURER TO A CITY OF THE THIRD 28 CLASS IN THE COUNTY OF THE THIRD CLASS IMPOSING THE TAX FOR THE 29 APPROPRIATE AND REASONABLE MARKETING AND PROMOTIONAL EXPENSES OF 30 PROMOTING TOURISM IN THE CITY OF A THIRD CLASS AND THE COSTS 19990S1154B2305 - 6 -
1 ASSOCIATED WITH THE RENOVATION, REHABILITATION, EXTENSION, 2 FURNISHING, EQUIPPING, SUBSTANTIAL REPAIR OR CONSTRUCTION OF A 3 TOURISM-RELATED FACILITY LOCATED WITHIN THE CITY OF THE THIRD 4 CLASS, INCLUDING FOR PAYMENT OF THE DEBT SERVICE ON BONDS ISSUED 5 FOR SUCH PROJECTS; 6 (2) TEN PER CENTUM OF ALL REVENUES RECEIVED PER ANNUM SHALL 7 BE DISTRIBUTED BY THE TREASURER TO THE COUNTY COMMISSIONERS WHO 8 MAY ACCEPT THE FUNDS WHICH MAY BE USED FOR TOURISM AND REGIONAL 9 PROMOTION PURPOSES TO BE DETERMINED BY THE COUNTY COMMISSIONERS, 10 OR, IF THE COUNTY COMMISSIONERS ELECT NOT TO ACCEPT THE FUNDS, 11 THE FUNDS SHALL BE DISTRIBUTED BY THE TREASURER TO THE TPA FOR 12 THE APPROPRIATE AND REASONABLE MARKETING AND PROMOTIONAL 13 EXPENSES OF THE TPA IN PROMOTING TOURISM IN THE COUNTY OF THE 14 THIRD CLASS IMPOSING THE TAX, EXCLUDING PROMOTION OF A CITY OF 15 THE THIRD CLASS RECEIVING REVENUES UNDER CLAUSE (1); AND 16 (3) SEVENTY PER CENTUM OF ALL REVENUE RECEIVED PER ANNUM 17 SHALL BE DISTRIBUTED BY THE TREASURER TO QUALIFIED AUTHORITIES 18 LOCATED WITHIN THE COUNTY OF THE THIRD CLASS IMPOSING THE TAX 19 FOR PAYMENT OF THE DEBT SERVICE ON BONDS ISSUED FOR THE 20 CONSTRUCTION OF THE COUNTY REGIONAL SPORTS FACILITY HAVING A 21 SEATING CAPACITY OF TEN THOUSAND TO FOURTEEN THOUSAND SEATS, 22 WHICH IS OWNED, IN WHOLE OR IN PART, OR LEASED BY THE APPLICABLE 23 AUTHORITY, AND WHICH IS LOCATED WITHIN THE COUNTY OF THE THIRD 24 CLASS IMPOSING THE TAX. THE FOLLOWING ARE QUALIFIED AUTHORITIES 25 FOR PURPOSES OF THIS CLAUSE: 26 (I) AN AUTHORITY INCORPORATED PURSUANT TO THE ACT OF MAY 2, 27 1945 (P.L.382, NO.164), KNOWN AS THE "MUNICIPALITY AUTHORITIES 28 ACT OF 1945"; 29 (II) AN INDUSTRIAL OR COMMERCIAL DEVELOPMENT AUTHORITY 30 INCORPORATED PURSUANT TO THE ACT OF AUGUST 23, 1967 (P.L.251, 19990S1154B2305 - 7 -
1 NO.102), KNOWN AS THE "ECONOMIC DEVELOPMENT FINANCING LAW"; AND 2 (III) A REDEVELOPMENT AUTHORITY INCORPORATED PURSUANT TO THE 3 ACT OF MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE "URBAN 4 REDEVELOPMENT LAW." 5 THE DISPOSITION OF THE REMAINING ONE-THIRD OF THE REVENUES FROM <-- 6 THE SPECIAL FUND SHALL BE FOR THE PURPOSES OF TOURISM, 7 CONVENTION PROMOTION AND TOURISM DEVELOPMENT. 8 (C.1) THE DISPOSITION OF THE REVENUES FROM THE SPECIAL FUND <-- 9 ATTRIBUTABLE TO THE LEVY OF THE THIRD PER CENTUM OF THE TAX, IF 10 LEVIED, SHALL BE TWENTY PER CENTUM TO A CITY OF THE THIRD CLASS 11 IN THE COUNTY OF THE THIRD CLASS AS PROVIDED UNDER SUBSECTION 12 (C)(1), TEN PER CENTUM TO THE COUNTY COMMISSIONERS OF THE COUNTY 13 OF THE THIRD CLASS AS PROVIDED IN SUBSECTION (C)(2), AND SEVENTY 14 PER CENTUM TO THE RECOGNIZED TOURISM PROMOTION AGENCY TO BE USED 15 FOR THE PURPOSES OF TOURISM, CONVENTION PROMOTION AND TOURISM 16 DEVELOPMENT. 17 (D) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX 18 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX FROM THE 19 ENTITY OR AGENCY DESIGNATED BY THE COUNTY COMMISSIONERS TO 20 COLLECT AND TO ENFORCE THE COLLECTION OF THE TAX AND SHALL 21 DEPOSIT THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND 22 ESTABLISHED FOR THAT PURPOSE. 23 (E) THE TAX YEAR FOR A TAX IMPOSED UNDER THIS SECTION SHALL 24 RUN CONCURRENTLY WITH THE CALENDAR YEAR. 25 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES 26 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION: 27 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES, 28 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE OR OTHER PAYMENT 29 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE 30 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL 19990S1154B2305 - 8 -
1 FOR ANY TEMPORARY PERIOD. 2 "DEBT SERVICE ON BONDS." ANY COST RELATED TO THE ISSUANCE, 3 REFINANCING, REFUNDING OR PAYMENT OR ANY OTHER COSTS ASSOCIATED 4 WITH THE ISSUANCE AND MAINTENANCE OF BONDS OR NOTES BY AN 5 AUTHORITY OR A CITY OF THE THIRD CLASS. 6 "HOTEL." A HOTEL, MOTEL, INN, GUEST HOUSE OR OTHER STRUCTURE 7 WHICH HOLDS ITSELF OUT BY ANY MEANS, INCLUDING ADVERTISING, 8 LICENSE, REGISTRATION WITH AN INNKEEPERS' GROUP, CONVENTION 9 LISTING ASSOCIATION, TRAVEL PUBLICATION OR SIMILAR ASSOCIATION 10 OR WITH A GOVERNMENT AGENCY, AS BEING AVAILABLE TO PROVIDE 11 OVERNIGHT LODGING OR USE OF FACILITY SPACE FOR CONSIDERATION TO 12 PERSONS SEEKING TEMPORARY ACCOMMODATION; ANY PLACE WHICH 13 ADVERTISES TO THE PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT 14 WILL PROVIDE BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A 15 TEMPORARY PERIOD TO MEMBERS OF THE PUBLIC AT LARGE; OR ANY PLACE 16 RECOGNIZED AS A HOSTELRY. THE TERM DOES NOT INCLUDE ANY PORTION 17 OF A FACILITY THAT IS DEVOTED TO PERSONS WHO HAVE AN ESTABLISHED 18 PERMANENT RESIDENCE OR A COLLEGE OR UNIVERSITY STUDENT RESIDENCE 19 HALL. 20 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE 21 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF 22 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR 23 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING 24 THE USE AND POSSESSION OF THE ROOM. 25 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT- 26 MAKING ASSOCIATION OR CORPORATION, OR OTHER PERSON OR GROUP OF 27 PERSONS WHO MAINTAINS, OPERATES, MANAGES, OWNS, HAS CUSTODY OF 28 OR OTHERWISE POSSESSES THE RIGHT TO RENT OR LEASE OVERNIGHT 29 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION. 30 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE 19990S1154B2305 - 9 -
1 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL. 2 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE 3 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR 4 OTHERWISE FOR A PERIOD EXCEEDING THIRTY CONSECUTIVE DAYS. 5 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY 6 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE 7 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS. 8 "TOURIST PROMOTION AGENCY (TPA)." AN ORGANIZATION, AGENCY OR 9 CORPORATION DESIGNATED TO BE SUCH BY THE BOARD OF COMMISSIONERS 10 OF THE COUNTY IN WHICH THE TAX IS IMPOSED. THE TPA SHALL BE DULY 11 ESTABLISHED, DESIGNATED AND RECOGNIZED AS THE COUNTY'S TPA IN 12 ACCORDANCE WITH AND PURSUANT TO THE ACT OF APRIL 28, 1961 13 (P.L.111, NO.50), KNOWN AS THE "TOURIST PROMOTION LAW." 14 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A 15 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM 16 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS 17 OR AN IMPLIED CONTRACT. 18 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A 19 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY 20 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY 21 PAYING A FEE TO THE OPERATOR. 22 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 23 SECTION 1770.6 AUTHORIZATION OF HOTEL TAX.--(A) THE COUNTY 24 COMMISSIONERS OF ANY COUNTY MAY IMPOSE AN EXCISE TAX ON THE 25 CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL, AS DEFINED 26 BY THIS SECTION, FROM EACH TRANSACTION OF RENTING A ROOM OR 27 ROOMS TO ACCOMMODATE TRANSIENTS. IF LEVIED, THE TAX SHALL BE 28 COLLECTED BY THE OPERATOR FROM THE PATRON OF THE ROOM AND PAID 29 OVER TO THE COUNTY AND SHALL BE KNOWN AS THE HOTEL ROOM RENTAL 30 TAX. 19990S1154B2305 - 10 -
1 (B) THE RATE OF THE TAX IMPOSED UNDER THIS SECTION SHALL NOT 2 EXCEED THREE PER CENTUM. 3 (C) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX 4 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT 5 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED 6 FOR THAT PURPOSE. SUBSEQUENT TO THE DEDUCTION FOR ADMINISTRATIVE 7 COSTS ESTABLISHED IN SUBSECTION (E), THE COUNTY SHALL DISTRIBUTE 8 TO THE RECOGNIZED TOURIST PROMOTION AGENCY ALL REVENUES RECEIVED 9 FROM THE TAX NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF THE TAX 10 REVENUES. THE REVENUES FROM THE SPECIAL FUND SHALL BE USED BY 11 THE RECOGNIZED TOURIST PROMOTION AGENCY FOR THE PURPOSES OF 12 TOURISM, CONVENTION PROMOTION AND TOURISM DEVELOPMENT. 13 (D) EACH TAX YEAR FOR ANY TAX IMPOSED HEREUNDER SHALL RUN 14 CONCURRENTLY WITH THE COUNTY'S FISCAL YEAR. 15 (E) FOR THE PURPOSES OF DEFRAYING THE COSTS ASSOCIATED WITH 16 THE COLLECTION OF THE TAX IMPOSED HEREUNDER, AND OTHERWISE 17 PERFORMING ITS OBLIGATIONS UNDER THIS SECTION, THE COUNTY IS 18 HEREBY AUTHORIZED TO DEDUCT AND RETAIN AN ADMINISTRATIVE FEE 19 FROM THE TAXES COLLECTED HEREUNDER. SUCH ADMINISTRATIVE FEE 20 SHALL BE ESTABLISHED BY THE COUNTY, BUT SHALL NOT EXCEED IN ANY 21 TAX YEAR THE LESSER OF: 22 (1) TWO PER CENTUM OF ALL TAXES COLLECTED HEREUNDER; OR 23 (2) FORTY THOUSAND DOLLARS ($40,000), WHICH AMOUNT SHALL BE 24 ADJUSTED BIANNUALLY, BEGINNING TWO YEARS AFTER THE DATE OF 25 ENACTMENT, BY THE PERCENTAGE GROWTH IN THE CONSUMER PRICE INDEX 26 FOR ALL URBAN CONSUMERS AS DETERMINED BY THE UNITED STATES 27 DEPARTMENT OF LABOR. 28 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 30 SUBSECTION: 19990S1154B2305 - 11 -
1 "BED AND BREAKFAST" OR "HOMESTEAD." A PUBLIC ACCOMMODATION 2 CONSISTING OF A PRIVATE RESIDENCE, WHICH CONTAINS TEN OR FEWER 3 BEDROOMS, USED FOR PROVIDING OVERNIGHT ACCOMMODATIONS TO THE 4 PUBLIC AND IN WHICH BREAKFAST IS THE ONLY MEAL SERVED AND IS 5 INCLUDED IN THE CHARGE FOR THE ROOM. 6 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES, 7 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT 8 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE 9 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL 10 FOR ANY TEMPORARY PERIOD. 11 "COUNTY." ANY COUNTY OF THE THIRD CLASS THROUGH THE EIGHTH 12 CLASS WHICH, ON THE EFFECTIVE DATE OF THIS SECTION, DOES NOT 13 HAVE THE AUTHORITY TO LEVY A HOTEL OCCUPANCY OR ROOM RENTAL TAX. <-- 14 "HOTEL." A HOTEL, MOTEL, BED AND BREAKFAST, HOMESTEAD, INN, 15 GUEST HOUSE OR OTHER STRUCTURE WHICH HOLDS ITSELF OUT BY ANY 16 MEANS, INCLUDING ADVERTISING, LICENSE, REGISTRATION WITH AN 17 INNKEEPERS' GROUP, CONVENTION LISTING ASSOCIATION, TRAVEL 18 PUBLICATION OR SIMILAR ASSOCIATION OR WITH A GOVERNMENT AGENCY, 19 AS BEING AVAILABLE TO PROVIDE OVERNIGHT LODGING OR USE OF 20 FACILITY SPACE FOR CONSIDERATION TO PERSONS SEEKING TEMPORARY 21 ACCOMMODATION; ANY PLACE WHICH ADVERTISES TO THE PUBLIC AT LARGE 22 OR ANY SEGMENT THEREOF THAT IT WILL PROVIDE BEDS, SANITARY 23 FACILITIES OR OTHER SPACE FOR A TEMPORARY PERIOD TO MEMBERS OF 24 THE PUBLIC AT LARGE; OR ANY PLACE RECOGNIZED AS A HOSTELRY. THE 25 TERM DOES NOT INCLUDE ANY PORTION OF A FACILITY THAT IS DEVOTED 26 TO PERSONS WHO HAVE AN ESTABLISHED PERMANENT RESIDENCE OR A 27 COLLEGE OR UNIVERSITY STUDENT RESIDENCE HALL OR ANY PRIVATE 28 CAMPGROUND, OR ANY CABINS, PUBLIC CAMPGROUNDS OR OTHER 29 FACILITIES LOCATED ON STATE LAND. 30 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE 19990S1154B2305 - 12 -
1 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF 2 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR 3 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING 4 THE USE AND POSSESSION OF THE ROOM. 5 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT- 6 MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR GROUP OF 7 PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE CUSTODY OF OR 8 OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE OVERNIGHT 9 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION. 10 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE 11 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL. 12 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE 13 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR 14 OTHERWISE FOR A PERIOD EXCEEDING SIXTY CONSECUTIVE DAYS. 15 "RECOGNIZED TOURIST PROMOTION AGENCY." THE NONPROFIT 16 CORPORATION, ORGANIZATION, ASSOCIATION OR AGENCY WHICH IS 17 ENGAGED IN PLANNING AND PROMOTING PROGRAMS DESIGNED TO STIMULATE 18 AND INCREASE THE VOLUME OF TOURIST, VISITOR AND VACATION 19 BUSINESS WITHIN COUNTIES SERVED BY THE AGENCY AS THAT TERM IS 20 DEFINED IN THE ACT OF APRIL 28, 1961 (P.L.111, NO.50), KNOWN AS 21 THE "TOURIST PROMOTION LAW." 22 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY 23 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE 24 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS. 25 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A 26 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM 27 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS 28 OR AN IMPLIED CONTRACT. 29 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A 30 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY 19990S1154B2305 - 13 -
1 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY 2 PAYING A FEE TO THE OPERATOR. 3 "TREASURER." THE ELECTED TREASURER OF THE COUNTY OR, IF 4 THERE IS NO ELECTED TREASURER OF THE COUNTY, SUCH OTHER OFFICIAL 5 OR AGENT OF THE COUNTY AS MAY BE DESIGNATED BY THE COUNTY TO 6 COLLECT AND ACCOUNT FOR THE TAX AUTHORIZED BY THIS SECTION. 7 SECTION 4.1. SECTION 1782.2 OF THE ACT, ADDED DECEMBER 14, <-- 8 1967 (P.L.831, NO.357), IS AMENDED TO READ: 9 SECTION 1782.2. DELIVERY OF TAX DUPLICATES.--(A) THE COUNTY 10 COMMISSIONERS SHALL WITHIN THIRTY DAYS AFTER THE ADOPTION OF THE 11 BUDGET MAKE OUT AND DELIVER THE DUPLICATES OF TAXES ASSESSED TO 12 THE RESPECTIVE TAX COLLECTORS TOGETHER WITH THEIR WARRANT FOR 13 THE COLLECTION OF THE SAME. 14 (B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A), THE 15 COUNTY COMMISSIONERS SHALL HAVE THE OPTION TO MAKE OUT AND 16 DELIVER THE DUPLICATES OF TAXES ASSESSED TO THE RESPECTIVE TAX 17 COLLECTORS TOGETHER WITH THEIR WARRANT FOR COLLECTION OF THE 18 SAME NO LATER THAN THE FINAL DATE FOR A SCHOOL DISTRICT TO MAKE 19 OUT AND DELIVER THE DUPLICATES FOR SCHOOL REAL ESTATE TAXES 20 UNDER SECTION 682 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), 21 KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949." THE OPTION AUTHORIZED 22 BY THIS SUBSECTION MAY BE EXERCISED ONLY IF THE COUNTY 23 COMMISSIONERS FIND THAT EXERCISE OF THE OPTION WILL RESULT IN 24 COST SAVINGS COMPARED TO PROCEEDING UNDER THE DEADLINE IMPOSED 25 BY SUBSECTION (A) AND THEY ADOPT A RESOLUTION THAT REFERS TO THE 26 FINDING. 27 SECTION 5. SECTION 1801 OF THE ACT, AMENDED JULY 10, 1990 28 (P.L.379, NO.89), IS AMENDED TO READ: 29 Section 1801. Commissioners Sole Contractors for County.-- 30 (a) The county commissioners shall contract for and purchase 19990S1154B2305 - 14 -
1 all services referred to in section five hundred eight and 2 personal property for county officers and agencies. All 3 contracts and purchases not in excess of ten thousand dollars 4 ($10,000) shall be by note or memorandum, in writing, signed by 5 the county commissioners, or their [agent] designee. A copy of 6 all such notes and memorandums and all written contracts shall 7 be filed in the office of the controller, if any, and, if not, 8 then with the chief clerk of the commissioners. 9 (b) Written or telephonic price quotations from at least 10 three qualified and responsible contractors shall be requested 11 for all contracts that exceed four thousand dollars ($4,000) but 12 are less than the amount requiring advertisement and competitive 13 bidding or, in lieu of price quotations, a memorandum shall be 14 kept on file showing that fewer than three qualified contractors 15 exist in the market area within which it is practicable to 16 obtain quotations. A written record of telephonic price 17 quotations shall be made and shall contain at least the date of 18 the quotation, the name of the contractor and the contractor's 19 representative, the construction, reconstruction, repair, 20 maintenance or work which was the subject of the quotation and 21 the price. Written price quotations, written records of 22 telephonic price quotations and memoranda shall be retained for 23 a period of three years. 24 (c) The commissioners shall, where possible, anticipate the 25 needs of the various officers, [and] agencies and operations of 26 the county and endeavor to purchase in wholesale quantities, 27 where practicable and where savings could be achieved thereby. 28 The commissioners may make contracts and purchases for all 29 purposes expressly or impliedly authorized by law. 30 Section 2 6. Section 1802 of the act, amended or added <-- 19990S1154B2305 - 15 -
1 September 21, 1959 (P.L.921, No.369), October 4, 1978 (P.L.1033, 2 No.232), July 10, 1990 (P.L.379, No.89), November 29, 1990 3 (P.L.571, No.144) and June 18, 1998 (P.L.515, No.72), is amended 4 to read: 5 Section 1802. Contract Procedures; Terms and Bonds; 6 Advertising for Bids.--(a) All contracts for services and 7 personal property where the amount thereof exceeds the sum of 8 ten thousand dollars ($10,000), shall be written and shall, 9 except as otherwise hereinafter specified, be made by 10 advertising for bids. 11 (b) Contracts or purchases in excess of ten thousand dollars 12 ($10,000), except those hereinafter mentioned, and except as 13 provided by the act of October 27, 1979 (P.L.241, No.78), 14 entitled "An act authorizing political subdivisions, 15 municipality authorities and transportation authorities to enter 16 into contracts for the purchase of goods and the sale of real 17 and personal property where no bids are received," shall not be 18 made except with and from the lowest responsible and responsive 19 bidder submitting a bid in conformity with the specifications 20 approved by the board of commissioners for the contract or 21 purchase, after due notice in one newspaper of general 22 circulation, published or circulating in the county, at least 23 [three] TWO times at intervals of not less than three days where <-- 24 daily newspapers of general circulation are employed for such 25 publication, or in case weekly newspapers are employed then the 26 notice shall be published once a week for two successive weeks. 27 The first advertisement shall be published not less than ten 28 days prior to the date fixed for the opening of bids. The 29 requirements of this subsection need not be followed in cases of 30 emergency, but in such cases the actual emergency shall be 19990S1154B2305 - 16 -
1 declared and stated by resolution of the commissioners. 2 (c) All bids shall be received by the controller, or if 3 there be no controller, then by the chief clerk of the county 4 commissioners, in sealed envelopes[, and shall be opened in the 5 presence of the controller, or chief clerk as the case may be, 6 by the commissioners and the contract awarded thereon]. Bids 7 shall be opened publicly at a time and place specified in the 8 advertisement for bids, in the presence of the controller, or 9 chief clerk as the case may be, by the commissioners or their 10 designee. The controller, or the chief clerk as the case may be, 11 shall keep a record of all such bids and awards, and the 12 controller shall certify no [voucher] checks for contracts not 13 made agreeably thereto. 14 (d) The amount or price of the contract shall, in all cases 15 whether of straight sale price, conditional sale, [bailment] 16 lease, lease purchase or otherwise, be the entire amount which 17 the county pays to the successful bidder, or his assigns, less 18 the value of personal property transferred from the county to 19 the bidder, or his assigns, at any time during the duration of 20 the contract, in order to obtain the services or property, or 21 both, and shall not be construed to mean only the amount which 22 is paid to acquire title, or to receive any other particular 23 benefit or benefits of the whole bargain. The value of personal 24 property transferred to the bidder or his assigns upon execution 25 of the contract shall be specified in the bid. The method of 26 determining the value of personal property transferred to the 27 bidder or his assigns at a time during the duration of the 28 contract shall be specified in the bid, and shall be determined 29 using generally accepted valuation methods. 30 (e) The acceptance of bids by advertising required herein 19990S1154B2305 - 17 -
1 shall be made by the commissioners and shall only be made by 2 public announcement at the meeting at which bids are opened, or 3 at a subsequent meeting, the time and place of which shall be 4 publicly announced when bids are so opened. If for any reason 5 the award is not made at either of the above meetings, the same 6 business may be transacted at any subsequent meeting, the time 7 and place of which shall have been announced at the previous 8 meeting held for such award. [At such third meeting, the 9 commissioners shall either award the contract or shall reject 10 all bids.] The contract shall be awarded, or all bids shall be 11 rejected, within thirty days of the opening of the bids, except 12 for bids subject to 62 Pa.C.S. (relating to procurement). 13 Thirty-day extensions of the date for the award may be made by 14 the mutual written consent of the commissioners and any bidder 15 who wishes to remain under consideration for award. The 16 commissioners shall excuse from consideration any bidder not 17 wishing to agree to a request for extension of the date for the 18 award and shall release such bidder from any bid bond or similar 19 bid security furnished under subsection (f). All contracts shall 20 be filed with the controller, or with the chief clerk as the 21 case may be, immediately after their execution. 22 (f) [All bids advertised for shall be accompanied by cash, 23 by a certified good faith check or by a cashier's check drawn 24 upon a bank authorized to do business in this Commonwealth, in 25 an amount required by the commissioners but not less than ten 26 per centum of the bid, or by a bond with corporate surety in 27 such amount as the commissioners shall determine, but not less 28 than ten per centum of the amount bid.] The commissioners may 29 require that any bids advertised be accompanied by cash, by a 30 certified check, cashier's check, bank good faith check or other 19990S1154B2305 - 18 -
1 irrevocable letter of credit in a reasonable amount drawn upon a 2 bank authorized to do business in this Commonwealth, or by a 3 bond with corporate surety in a reasonable amount. Whenever it 4 is required that a bid be accompanied by cash, certified check, 5 cashier's check, bank good faith check or other irrevocable 6 letter of credit or bond, no bid shall be considered unless so 7 accompanied. In the event any bidder shall, upon award of the 8 contract to him, fail to comply with the requirements 9 hereinafter stated as to [a bond] security guaranteeing the 10 performance of the contract, the [good faith deposit by cash, 11 certified check, cashier's check or bond] security furnished 12 under this subsection shall be forfeited to the county as 13 liquidated damages. 14 (g) [The] For contracts which involve the furnishing of <-- 15 labor and materials such as construction contracts, the 16 successful bidder, when [advertising] a formal bid is required 17 herein, [shall] may be required to furnish a bond or irrevocable 18 letter of credit or other security in an amount sufficient to 19 the commissioners guaranteeing performance of the contract[, 20 with sufficient surety in the amount of fifty per centum of the 21 amount of the contract] within thirty days after the contract 22 has been awarded, unless the commissioners shall prescribe a 23 shorter period. THE SUCCESSFUL BIDDER FOR A CONTRACT WHICH <-- 24 INVOLVES THE CONSTRUCTION, ERECTION, INSTALLATION, COMPLETION, 25 ALTERATION, REPAIR OF OR ADDITION TO ANY PUBLIC WORK OR 26 IMPROVEMENT OF ANY KIND SHALL FURNISH SECURITY AS PROVIDED IN 27 SECTION 2318 OF THIS ACT. Performance security for services and 28 contracts for labor and materials delivered on a periodic basis, 29 including, but not limited to, food service contracts, home 30 health services and janitorial services and supplies, may be 19990S1154B2305 - 19 -
1 computed on the expected average value for one or more months, 2 at the discretion of the commissioners. Upon failure to furnish 3 such [bond] security within the time fixed, the previous awards 4 shall be void. [The above mandatory provisions of this 5 subsection shall not apply to contracts for the purchase of 6 motor vehicles or other pieces of equipment but shall apply only 7 to contracts which involve the furnishing of labor and 8 materials.] Deliveries, performances and guarantees may be 9 required in all cases of expenditures, including the exceptions 10 herein. 11 (h) The contracts or purchases made by the commissioners 12 which shall not require advertising, bidding or price 13 quotations, as hereinbefore provided, are as follows: 14 (1) Those for maintenance, repairs or replacements for 15 water, electric light, or other public works of the county where 16 they do not constitute new additions, extensions or enlargements 17 of existing facilities and equipment. [A bond] Security may be 18 required by the commissioners as in other cases for work done. 19 (2) Those made for improvements, repairs and maintenance of 20 any kind, made or provided by the county through its own 21 employes. This shall not apply to construction materials used in 22 a street improvement. 23 (3) Those where particular types, models or pieces of new 24 equipment, articles, apparatus, appliances, vehicles or parts 25 thereof, are desired by the commissioners, which are patented 26 and manufactured or copyrighted products. 27 (4) Those involving any policies of insurance or surety 28 company bonds, those made for public utility service, whether or <-- 29 not [under tariffs on file with the Pennsylvania Public Utility <-- 30 Commission] AND ELECTRICITY, NATURAL GAS OR TELECOMMUNICATION <-- 19990S1154B2305 - 20 -
1 SERVICES, provided that, in the case of utilities not under 2 tariff with the Pennsylvania Public Utility Commission, 3 contracts made without advertising and bidding shall be made 4 only after receiving written or telephonic price quotations in 5 accordance with the procedures specified in section 1801(b) of 6 this article. 7 (5) Those involving services of members of the medical or 8 legal profession, registered architects, engineers, certified 9 public accountants or other personal services involving 10 professional [expert advice] expertise. 11 (6) Those involving contracts entered into by nonprofit 12 cooperative hospital service associations for hospitals and 13 nursing homes which are part of the institutional district or 14 which are owned by the county, operated by the county or 15 affiliated with the county by the purchasing of, or 16 participating in contracts for, materials, supplies and 17 equipment. 18 (7) Those made with any public body, including, but not 19 limited to, the sale, lease or loan of any supplies or materials 20 to the county by a public body, provided that the price thereof 21 shall not be in excess of that fixed by the public body. The 22 requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to 23 intergovernmental cooperation) shall not apply when a county 24 purchases cooperatively with another public body which has 25 entered into a contract for supplies or materials. As used in 26 this paragraph, "public body" shall mean any of the following: 27 (i) the Federal Government; 28 (ii) the Commonwealth of Pennsylvania; 29 (iii) any other state; 30 (iv) a political subdivision, local or municipal authority 19990S1154B2305 - 21 -
1 or other similar local entity of the Commonwealth or any other 2 state; or 3 (v) an agency of the Federal Government, the Commonwealth or 4 any other state. 5 (8) Those exclusively involving construction management 6 services. 7 (9) Those involving computer software. 8 (i) [Every contract for the construction, reconstruction, 9 alteration repair, improvement or maintenance of public works 10 shall comply with the provisions of the act of March 3, 1978 11 (P.L.6, No.3), known as the "Steel Products Procurement Act."] 12 Notwithstanding the provisions of this article to the contrary, 13 the county commissioners shall have authority to enter into 14 contracts for equipment and services related to technology and 15 information systems on the basis of best value procurement. 16 Contracts under best value procurement shall be made only after 17 the county has solicited proposals based on performance and 18 outcome specifications developed by the county and describing, 19 at minimum, the objectives to be met by the system, the tasks to 20 be performed by the system, the users of the system, system 21 security issues, the time frame for system implementation, 22 potential operating technologies, compatibility with existing 23 systems, training and maintenance, and shall indicate the 24 process by which the contract shall be awarded. Best value 25 procurement shall not require a sealed bid process, and shall 26 permit the commissioners to negotiate the terms of the agreement 27 with any responsive and responsible vendor. 28 (j) Every contract subject to this article shall comply, as 29 applicable, with the provisions of the act of March 3, 1978 30 (P.L.6, No.3), known as the "Steel Products Procurement Act," 19990S1154B2305 - 22 -
1 the act of October 28, 1983 (P.L.176, No.45), known as the 2 "Antibid-Rigging Act," the act of December 20, 1967 (P.L.869, 3 No.385), known as the "Public Works Contractors' Bond Law," the 4 act of August 15, 1961 (P.L.987, No.442), known as the 5 "Pennsylvania Prevailing Wage Act," the act of November 26, 1978 6 (P.L.1309, No.317), known as the "Award and Execution of Public 7 Contract Law," the act of February 17, 1994 (P.L.73, No.7), 8 known as the "Contractor and Subcontractor Payment Act," the act 9 of January 23, 1974 (P.L.9, No.4), referred to as the Public 10 Contract Bid Withdrawal Act, and the act of April 4, 1984 11 (P.L.193, No.40), known as the "Motor Vehicle Procurement Act." 12 Section 3 7. Section 1805 of the act, amended July 31, 1963 <-- 13 (P.L.372, No.200), is amended to read: 14 Section 1805. Sales of Personal Property and Surplus Farm 15 Products.--(a) No personal property of the county and no 16 surplus farm products of counties of the fourth, fifth, sixth, 17 seventh or eighth classes shall be disposed of by sale or 18 otherwise, except upon resolution of the commissioners. When the 19 commissioners approve a sale of such property or in counties of 20 the fourth, fifth, sixth, seventh or eighth classes of farm 21 products, they shall estimate the sale value of the entire lot 22 to be disposed of, and, if the estimate be less than [two 23 hundred dollars ($200)] one thousand dollars ($1,000), they 24 shall require notice of the proposed sale to be posted, for at 25 least ten days, in a prominent place in the court house, 26 describing and itemizing the property to be sold, and directing 27 that bids may be made thereon at the office of the chief clerk 28 of the commissioners. Thereafter, the commissioners may sell 29 such property in whole or in part for the best price or prices 30 obtainable. 19990S1154B2305 - 23 -
1 (b) If the commissioners estimate the sale value of the 2 personal property or of such surplus farm products to be sold at 3 [two hundred dollars ($200)] one thousand dollars ($1,000) or 4 more, the entire lot shall be advertised for sale, once, in at 5 least one newspaper of general circulation in the county, and 6 sale of the property so advertised shall be made to the highest 7 and best bidder. The bids shall not be opened until at least ten 8 days after the said advertisement. The commissioners may sell 9 any such property at auction, but the provisions as to notice 10 contained in this section shall be likewise observed as to the 11 holding of auction sales. The provisions of this section shall 12 not be mandatory where county property is to be traded-in or 13 exchanged for new personal property. The provisions of this 14 section shall not apply to sale of personal property with real 15 property as a single unit pursuant to section 2306.1. 16 Section 4 8. Section 1806 of the act is amended to read: <-- 17 Section 1806. County Officers Not to Be Interested in 18 Contracts.--[No elected or appointed county officer shall be in 19 any wise, either directly or indirectly, personally interested 20 in any contract to which the county is a party, or in the 21 construction of any public work or improvement made or 22 undertaken under the authority of the county commissioners, or 23 receive any reward or gratuity from any person so interested. No 24 such officer shall purchase directly or indirectly any property 25 sold at a tax or municipal claim sale. 26 Any person violating the provisions of this section shall be 27 guilty of a misdemeanor, and, upon conviction, shall be 28 sentenced to pay a fine not exceeding five hundred dollars 29 ($500) and may, by decree of the court, be removed from office.] 30 Restrictions on the involvement of elected and appointed county 19990S1154B2305 - 24 -
1 officers in any county contract shall be as proscribed in the <-- 2 act of October 4, 1978 (P.L.883, No.170), referred to as the 3 Public Official and Employee Ethics Law. 65 PA.C.S. CH. 11 <-- 4 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE). 5 SECTION 8.1. SECTION 2301 OF THE ACT, AMENDED JULY 31, 1963 <-- 6 (P.L.372, NO.200), IS AMENDED TO READ: 7 SECTION 2301. TITLE TO REAL ESTATE VESTED IN COUNTY.--THE 8 TITLE TO ALL COURT HOUSES, JAILS, PRISONS AND WORKHOUSES, 9 TOGETHER WITH THE LOTS OF LAND THEREUNTO BELONGING OR 10 APPERTAINING, AND ALL OTHER REAL PROPERTY ACQUIRED OR THAT MAY 11 HEREAFTER BE ACQUIRED BY OR FOR THE USE OF THE COUNTY, SHALL BE 12 VESTED IN THE COUNTY FOR THE USE OF THE PEOPLE THEREOF AND FOR 13 NO OTHER USE EXCEPT AS HEREINAFTER PROVIDED. [IN COUNTIES OF THE 14 FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH CLASSES, THIS SECTION 15 SHALL APPLY TO LANDS AND BUILDINGS FOR THE CARE OF DEPENDENTS 16 AND FARMS.] 17 Section 5 9. Section 2303 of the act, amended September 19, <-- 18 1961 (P.L.1495, No.638), is amended to read: 19 Section 2303. Insuring Buildings and Contents.--The county 20 commissioners may provide insurance against fire and extended 21 coverage, against public liability and such other forms of 22 insurance, including insurance against burglary, as shall seem 23 proper to them for county lands, buildings and farms and the 24 contents, real and personal, thereof. [The cost of such 25 insurance shall be paid from the general funds of the county.] 26 Section 6 10. Section 2304 of the act is amended to read: <-- 27 Section 2304. Credit of County Available for Grounds and 28 Buildings.--In the acquisition, construction or alteration, as 29 the case may be, of land and buildings for county purposes, the 30 commissioners may issue bonds of the county[, in accordance with 19990S1154B2305 - 25 -
1 the Municipal Borrowing Law,] to meet the costs thereof, except 2 as any other system of financing shall be expressly provided by 3 law for any particular county buildings. 4 Section 7 11. Section 2305 of the act, amended July 31, 1963 <-- 5 (P.L.372, No.200) and April 29, 1982 (P.L.359, No.100), is 6 amended to read: 7 Section 2305. Acquiring and Using Real Property; 8 Exceptions.--(a) The county commissioners may purchase for not 9 more than the fair market value, take by gift, devise or by the 10 power of eminent domain, in accordance with the provisions of 11 this act, such real property at the county seat or in such other 12 places[, as may be authorized by law,] as they deem necessary 13 for the purposes of a county courthouse, county jail, prison, 14 workhouse, detention house or other county building, [and in 15 counties of the fourth, fifth, sixth, seventh and eighth 16 classes, lands and buildings for the care of dependents and 17 farms, either in acquisition of a building suitable for such 18 purposes, or in the construction of a new building,] or in the 19 alteration, including enlargement, of an existing county 20 building. The fair market value of real property in the case of 21 a purchase valued in excess of ten thousand dollars ($10,000) 22 shall be determined by the county commissioners in consultation 23 with [the county assessor and two licensed real estate brokers] 24 two of the following: the county assessor, licensed real estate 25 brokers, or licensed real estate appraisers doing business 26 within the county. [Any acquisition of lands and buildings for 27 the care of dependents and farms shall be subject to approval of 28 the Department of Public Welfare as to suitability.] 29 (b) The county commissioners may also use any real property 30 at the county seat or elsewhere, as authorized by law, owned by 19990S1154B2305 - 26 -
1 the county, and deemed suitable by them for the purposes 2 aforesaid, except such property as is bound by contract to 3 another public use. 4 (c) The county commissioners may provide for the grading, 5 filling, draining, gardening and otherwise improving and 6 maintaining of all lands for county buildings, [and of lands and 7 buildings in counties of the fourth, fifth, sixth, seventh and 8 eighth classes for the care of dependents and farms,] either by 9 contract or by county employes, as they deem proper. 10 (d) To the extent that any of the matters provided for 11 herein are otherwise specifically provided for by law, with 12 regard to any particular acquisitions of real property by 13 counties, either by tax sales or by other purchases, this 14 section shall not apply to such matters. 15 Section 8 12. Section 2306 of the act, amended November 23, <-- 16 1994 (P.L.640, No.98), is amended to read: 17 Section 2306. Authority to Sell or Lease Real Property.--(a) 18 The board of commissioners may sell for not less than the fair 19 market value or lease, either as lessor or lessee, any real 20 property belonging to the county or to others where the county 21 is lessee. If the commissioners know or have reason to believe 22 that the property to be sold contains oil, gas, coal, stone, 23 timber or other mineral or forest products of commercial value, 24 such knowledge or belief shall be advertised together with the 25 description of the land in at least two newspapers, in said 26 county, of general circulation, once a week for three 27 consecutive weeks. The fair market value of real property in the 28 case of a sale valued in excess of ten thousand dollars 29 ($10,000) shall be determined by the county commissioners in 30 consultation with [the county assessor and two licensed real 19990S1154B2305 - 27 -
1 estate brokers] two of the following: the county assessor, 2 licensed real estate brokers, or licensed real estate appraisers 3 doing business within the county. In the case of any lease of 4 county property hereunder, such property, with any and all 5 improvements or additions thereon or thereto, shall, in the 6 hands of the lessee, be subject to taxation by such county and 7 any other political subdivision therein, in the same manner as 8 other real estate located in the county. Such taxes shall be 9 levied and assessed against and paid by the lessee. This section 10 shall not apply to leases or sales of county property or other 11 property which are otherwise specifically provided for by law. 12 (b) The provisions of subsection (a) shall not be mandatory 13 where county real property is to be sold to any of the 14 following: 15 (1) A city, borough, town, township, institution district, 16 school district, volunteer fire company, volunteer ambulance 17 service or volunteer rescue squad located within the county. 18 (2) A municipal authority pursuant to the act of May 2, 1945 19 (P.L.382, No.164), known as the "Municipality Authorities Act of 20 1945." 21 (3) A nonprofit corporation engaged in community industrial <-- 22 development for its exclusive use for industrial development. 23 (3) A NONPROFIT CORPORATION OR LIMITED PARTNERSHIP IN WHICH <-- 24 A NONPROFIT CORPORATION IS A GENERAL PARTNER AND MANAGING AGENT 25 ENGAGED IN COMMUNITY INDUSTRIAL, COMMERCIAL OR AFFORDABLE 26 HOUSING DEVELOPMENT OR REUSE FOR ITS EXCLUSIVE USE FOR 27 INDUSTRIAL, COMMERCIAL OR AFFORDABLE HOUSING DEVELOPMENT. THIS 28 EXEMPTION SHALL NOT APPLY TO PROPERTY OWNED AND OPERATED BY A 29 COUNTY OR SUBCONTRACTED OR OPERATED ON THE BEHALF OF A COUNTY IN 30 ORDER TO CONDUCT EXISTING GOVERNMENT FUNCTIONS. 19990S1154B2305 - 28 -
1 (4) A person for his exclusive use in an industrial
2 development program.
3 (5) A nonprofit corporation organized as a public library
4 for its exclusive use as a library.
5 (6) A nonprofit medical service corporation for its
6 exclusive use as a site for a medical service facility.
7 (7) A nonprofit housing corporation for its exclusive use
8 for housing for the elderly or for low-income housing.
9 (8) The Federal Government.
10 (9) The Commonwealth.
11 When the real property is to be sold or leased to a qualified
12 entity under this subsection, the board of commissioners may
13 elect to accept such nominal consideration for such sale as it
14 shall deem appropriate. Real property sold pursuant to this
15 subsection to any entity under this subsection, other than a
16 city, borough, town, township, institution district, school
17 district, municipal authority pursuant to the "Municipality
18 Authorities Act of 1945," located within the county, the Federal
19 Government or the Commonwealth shall be subject to the condition
20 that when the property is not used for the purposes of the
21 entity the property shall revert to the county.
22 Section 9 13. Section 2311 of the act, amended April 29, <--
23 1982 (P.L.359, No.100), is amended to read:
24 Section 2311. Disposing of County Property for Other Uses;
25 Demolition[; Court Approvals].--Whenever any new county building
26 is constructed to replace a county building no longer suitable
27 for the purposes of its use, or whenever the county has or
28 acquires, incident to purchase at tax sale or to any other
29 acquisition of land authorized by law, any building, title and
30 interest to which is in the county, and any such replaced or
19990S1154B2305 - 29 -
1 acquired building is deemed no longer suitable or not suitable 2 for use as a county building or for use as an auxiliary to any 3 county building, the county commissioners may devote said 4 replaced or acquired building to such other public use or 5 purpose as shall be found suitable and proper, including a war 6 memorial. They may convey all or a part of the title and 7 interest of the county in such building, with or without the 8 land or a part of the land upon which it is situate, either by 9 sale or by gift, to any public or charitable institutions or to 10 any political subdivisions singly, in common, or jointly, within 11 the county. 12 The county commissioners may remove any such building from 13 one location to another within the county, for the purpose of 14 enabling its use as a county building by virtue of its 15 relocation. The commissioners may cause any such building to be 16 demolished and removed from land of the county, if of no use to 17 the county. 18 Section 10 14. Section 2316 of the act is amended to read: <-- 19 Section 2316. Right to Build on Public Squares.--Whenever 20 the court house, jail or other building of the county is located 21 upon a public square or common in the city, borough or town then 22 being the county seat, and a new building is authorized and 23 required to be erected, in place of such court house, jail or 24 other building, the board of county commissioners may erect such 25 new building upon any other of the public squares or commons of 26 said city, borough or town, or upon any part thereof[, if the 27 council of the city, borough or town shall have first consented 28 to such new location for said building]. 29 Section 11 15. Section 2318 of the act, amended August 25, <-- 30 1967 (P.L.279, No.114) is amended to read: 19990S1154B2305 - 30 -
1 [Section 2318. Additional [Bond] Security to Protect Labor <-- 2 and Materialmen on Contracts.--(a) It shall be the duty of 3 every county to require any person, copartnership, association 4 or corporation entering into contract with such county for the 5 construction, erection, installation, completion, alteration, 6 repair of or addition to any public work or improvement of any 7 kind, whatsoever, where the amount of such contract is in excess 8 of [one thousand five hundred dollars ($1500)] ten thousand <-- 9 dollars ($10,000), before commencing work under such contract, 10 to execute and deliver to such county, in addition to any other 11 [bond] security which may, now or hereafter, be required by law <-- 12 to be given in connection with such contract, an additional 13 [bond] security for the use of any and every person, <-- 14 copartnership, association or corporation interested, in a sum 15 not less than fifty per centum and not more than one hundred per 16 centum of the contract price, as such county may prescribe. 17 [Such bond shall have as surety thereon one or more surety <-- 18 companies legally authorized to do business in this 19 Commonwealth, and shall be conditioned for the prompt payment 20 for all material furnished and labor supplied or performed in 21 the prosecution of the work, whether or not the said material or 22 labor enter into and become component parts of the work or 23 improvement contemplated.] <-- 24 (b) Such additional [bond] security shall be deposited with <-- 25 and held by the county for the use of any party interested 26 therein. 27 (c) Every such additional [bond] security shall provide that <-- 28 every person, copartnership, association or corporation who, 29 whether as subcontractor or otherwise, has furnished material or 30 supplied or performed labor in the prosecution of the work, as 19990S1154B2305 - 31 -
1 above provided, and who had not been paid therefor, may sue in 2 assumpsit on said additional [bond] security, in the name of the <-- 3 county, for his, their or its use, and prosecute the same to 4 final judgment for such sum or sums as may be justly due him, 5 them or it, and have execution thereon, but the county shall not 6 be liable for the payment of any costs or expense of any suit. 7 (d) Any contract executed in violation of the provisions of 8 this section shall be null and void.] <-- 9 SECTION 2318. CONTRACT PERFORMANCE SECURITY AND PAYMENT <-- 10 BONDS.--(A) UNLESS COVERED UNDER THE BONDING REQUIREMENTS OF 11 THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE 12 "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967," FOR CONSTRUCTION 13 CONTRACTS AWARDED FOR AMOUNTS BETWEEN TWENTY-FIVE THOUSAND 14 DOLLARS ($25,000) AND ONE HUNDRED THOUSAND DOLLARS ($100,000), 15 THE SUCCESSFUL BIDDER SHALL FURNISH A BOND GUARANTEEING 16 PERFORMANCE OF THE CONTRACT, IN AN AMOUNT AS DETERMINED BY THE 17 COMMISSIONERS AT THE TIME OF ADVERTISING FOR BIDS WHICH SHALL BE 18 NOT LESS THAN TEN PER CENTUM NOR MORE THAN ONE HUNDRED PER 19 CENTUM OF THE AMOUNT OF THE CONTRACT, WITHIN THIRTY DAYS AFTER 20 THE CONTRACT IS AWARDED. WHEN A CONSTRUCTION CONTRACT IS AWARDED 21 IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS ($100,000), THE 22 FOLLOWING BONDS SHALL BE DELIVERED TO THE COUNTY AND SHALL BE 23 BINDING ON THE PARTIES UPON THE EXECUTION OF THE CONTRACT: 24 (1) A PERFORMANCE BOND, EXECUTED BY A SURETY COMPANY 25 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH AND MADE PAYABLE 26 TO THE COUNTY, IN AN AMOUNT AS DETERMINED BY THE COMMISSIONERS 27 AT THE TIME OF ADVERTISING FOR BIDS WHICH SHALL BE NOT LESS THAN 28 FIFTY PER CENTUM NOR MORE THAN ONE HUNDRED PER CENTUM OF THE 29 PRICE SPECIFIED IN THE CONTRACT AND CONDITIONED UPON THE 30 FAITHFUL PERFORMANCE OF THE CONTRACT IN ACCORDANCE WITH THE 19990S1154B2305 - 32 -
1 PLANS, SPECIFICATIONS AND CONDITIONS OF THE CONTRACT. 2 (2) A PAYMENT BOND, EXECUTED BY A SURETY COMPANY AUTHORIZED 3 TO DO BUSINESS IN THIS COMMONWEALTH AND MADE PAYABLE TO THE 4 COUNTY, IN AN AMOUNT EQUAL TO ONE HUNDRED PER CENTUM OF THE 5 PRICE SPECIFIED IN THE CONTRACT AND CONDITIONED UPON THE PROMPT 6 PAYMENT FOR ALL MATERIALS FURNISHED OR LABOR SUPPLIED OR 7 PERFORMED IN THE PROSECUTION OF THE WORK. LABOR OR MATERIALS 8 INCLUDE PUBLIC UTILITY SERVICES AND REASONABLE RENTALS OF 9 EQUIPMENT FOR THE PERIODS WHEN THE EQUIPMENT IS ACTUALLY USED AT 10 THE SITE. 11 (B) A PERFORMANCE BOND SHALL BE SOLELY FOR THE PROTECTION OF 12 THE COUNTY. A PAYMENT BOND SHALL BE SOLELY FOR THE PROTECTION OF 13 CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE PRIME CONTRACTOR 14 TO WHOM THE CONTRACT WAS AWARDED OR TO ANY OF ITS SUBCONTRACTORS 15 IN THE PROSECUTION OF THE WORK PROVIDED FOR IN THE CONTRACT, 16 WHETHER OR NOT THE LABOR OR MATERIALS CONSTITUTE A COMPONENT 17 PART OF THE CONSTRUCTION. 18 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE 19 AUTHORITY OF THE COMMISSIONERS TO REQUIRE A PERFORMANCE BOND, 20 PAYMENT BOND OR OTHER SECURITY IN ADDITION TO THOSE BONDS OR IN 21 CIRCUMSTANCES OTHER THAN SPECIFIED IN SUBSECTION (A). 22 (D) ACTIONS ON PAYMENT BONDS SHALL BE PURSUANT TO THE 23 FOLLOWING: 24 (1) SUBJECT TO CLAUSE (2) ANY CLAIMANT WHO HAS PERFORMED 25 LABOR OR FURNISHED MATERIAL IN THE PROSECUTION OF THE WORK 26 PROVIDED FOR IN ANY CONTRACT FOR WHICH A PAYMENT BOND HAS BEEN 27 GIVEN UNDER SUBSECTION (A) AND WHO HAS NOT BEEN PAID IN FULL 28 BEFORE THE EXPIRATION OF NINETY DAYS AFTER THE DAY ON WHICH THE 29 CLAIMANT PERFORMED THE LAST OF THE LABOR OR FURNISHED THE LAST 30 OF THE MATERIALS FOR WHICH IT CLAIMS PAYMENTS MAY BRING AN 19990S1154B2305 - 33 -
1 ACTION ON THE PAYMENT BOND IN ITS OWN NAME, IN ASSUMPSIT, TO 2 RECOVER ANY AMOUNT DUE IT FOR THE LABOR OR MATERIAL AND MAY 3 PROSECUTE THE ACTION TO FINAL JUDGMENT AND HAVE EXECUTION ON THE 4 JUDGMENT. 5 (2) ANY CLAIMANT WHO HAS A DIRECT CONTRACTUAL RELATIONSHIP 6 WITH ANY SUBCONTRACTOR OF THE PRIME CONTRACTOR WHO GAVE THE 7 PAYMENT BOND BUT HAS NO CONTRACTUAL RELATIONSHIP, EXPRESS OR 8 IMPLIED, WITH THE PRIME CONTRACTOR MAY BRING AN ACTION ON THE 9 PAYMENT BOND ONLY IF IT HAS GIVEN WRITTEN NOTICE TO THE 10 CONTRACTOR WITHIN NINETY DAYS FROM THE DATE ON WHICH THE 11 CLAIMANT PERFORMED THE LAST OF THE LABOR OR FURNISHED THE LAST 12 OF THE MATERIALS FOR WHICH IT CLAIMS PAYMENT, STATING WITH 13 SUBSTANTIAL ACCURACY THE AMOUNT AND THE NAME OF THE PERSON FOR 14 WHOM THE WORK WAS PERFORMED OR TO WHOM THE MATERIAL WAS 15 FURNISHED. 16 (3) NOTICE SHALL BE SERVED BY REGISTERED MAIL IN AN ENVELOPE 17 ADDRESSED TO THE CONTRACTOR AT ANY PLACE WHERE ITS OFFICE IS 18 REGULARLY MAINTAINED FOR THE TRANSACTION OF BUSINESS OR SERVED 19 IN ANY MANNER IN WHICH LEGAL PROCESS MAY BE SERVED IN THE MANNER 20 PROVIDED BY LAW FOR THE SERVICE OF A SUMMONS EXCEPT THAT THE 21 SERVICE NEED NOT BE MADE BY A PUBLIC OFFICER. 22 (E) THE DOLLAR THRESHOLDS SET FORTH IN SUBSECTION (A) SHALL 23 BE ADJUSTED ANNUALLY TO REFLECT THE ANNUAL PERCENTAGE CHANGE IN 24 THE COMPOSITE CONSTRUCTION COST INDEX OF THE UNITED STATES 25 DEPARTMENT OF COMMERCE OCCURRING IN THE ONE-YEAR PERIOD ENDING 26 ON DECEMBER 31 OF EACH YEAR. 27 Section 12 16. Sections 2319 and 2320 of the act are amended <-- 28 to read: 29 Section 2319. Compliance with [Workmen's] Workers' 30 Compensation Law.--(a) All contracts executed by the board of 19990S1154B2305 - 34 -
1 commissioners, which shall involve the construction or doing of 2 any work involving the employment of labor, shall contain a 3 provision that the contractor shall accept, in so far as the 4 work covered by any such contract is concerned, the provisions 5 of the [Workmen's] Workers' Compensation Act and any 6 reenactments, supplements or amendments thereto, and that the 7 said contract will insure his liability thereunder or file with 8 the board of commissioners a certificate of exemption from 9 insurance from the Department of Labor and Industry of the 10 Commonwealth. 11 (b) The board of commissioners, before signing on behalf of 12 the county any contract requiring in its performance the 13 employment of labor, shall require proof that the said 14 contractor with whom the contract is made shall have accepted 15 the [Workmen's] Workers' Compensation Act and any reenactments, 16 supplements or amendments thereto, and proof that the said 17 contractor has insured his liability thereunder in accordance 18 with the terms of said act or that the contractor has had issued 19 to him a certificate of exemption from insurance from the 20 Department of Labor and Industry. 21 (c) Any contract executed in violation of the provisions of 22 this section shall be null and void. 23 [Section 2320. Restrictions on Letting Contracts to 24 Architects and Engineers.--It shall be unlawful for any 25 architect or engineer in the employ of any county to bid on any 26 public work of such county. 27 It shall also be unlawful for the officers of any county 28 charged with the duty of letting any public work to award a 29 contract to any such architect or engineer in the employ of the 30 county. 19990S1154B2305 - 35 -
1 Any person or persons violating these provisions, or any of 2 them, shall be guilty of a misdemeanor, and, on conviction 3 thereof, shall forfeit his office, and be sentenced to pay a 4 fine not exceeding five hundred dollars ($500) or to undergo 5 imprisonment of not less than six months, or both. Any contract 6 made in violation of this section shall be null and void.] 7 Section 13 17. Section 2328 of the act, amended September <-- 8 19, 1961 (P.L.1476, No.625) is amended to read: 9 [Section 2328. Special Provisions Relating to County Jails, 10 Prisons, Workhouses and Detention Houses.--Except as may be 11 otherwise provided by law for each county jail, prison, 12 workhouse or detention house, the county commissioners shall 13 appoint a superintendent and a matron and such other officers, 14 as they may deem necessary, whose duties shall be prescribed by 15 the regulations for such institutions and whose salaries shall 16 be fixed by the salary board. 17 Every such institution which shall be hereafter erected or 18 remodeled shall be so constructed as to reflect the declared 19 objectives and policies of the county with respect to the 20 number, type, length of stay, and program requirements of 21 prisoners to be housed therein. Plans for the construction or 22 remodeling of any county penal facility shall be submitted by 23 the County Commissioners to the Department of Justice for its 24 review and approval. 25 Commitments to every such institution shall be made as 26 provided by law]. 27 Section 14 18. Section 2329 of the act is amended to read: <-- 28 Section 2329. Disorderly Conduct in and About Court Houses 29 and Jails Prohibited.--It is unlawful for any person to cause 30 any outcry or disorder, or be guilty of any indecent or 19990S1154B2305 - 36 -
1 unbecoming conduct tending to disturb the peace and good order 2 in the county court house, jail, or other county buildings, or 3 to willfully or carelessly defile, deface or injure the floors, 4 walls or any other portion of said buildings, or fences, or 5 railings surrounding the same, or the carpets, furniture, or 6 other articles or things used in or about said buildings, 7 belonging to the county. Any person violating any of the 8 provisions of this section commits a summary offense and shall 9 make restitution for damages arising therefrom[, and shall, upon 10 summary conviction thereof, be sentenced to pay a fine not 11 exceeding fifty dollars ($50). In case such person shall neglect 12 or refuse to pay the same, he or she shall suffer an 13 imprisonment not exceeding thirty days]. 14 Section 15 19. Section 2339 of the act, amended January 24, <-- 15 1956 (P.L.929, No.286), is amended to read: 16 Section 2339. Furnishing Rooms for Meetings of Veterans of 17 Certain Wars and Other Organizations.--The Board of 18 Commissioners may, in their discretion, upon application 19 therefor, furnish to each organization composed of [veterans of 20 the Civil War, Veterans of the Spanish-American War, veterans of 21 the War with Germany and Austria,] veterans of any foreign war, 22 sons of veterans and to ladies' auxiliaries of each such 23 organization and to the American Gold Star Mothers, Inc., a 24 room or rooms in any public building of such county, sufficient 25 for the meeting of each of such organizations at least once each 26 month. 27 Section 16 20. Sections 2345 and 2350 of the act are amended <-- 28 to read: 29 Section 2345. Joining with [City] Municipalities in 30 Improving Certain Streets and Highways.--(a) The board of 19990S1154B2305 - 37 -
1 commissioners of counties now erecting or which may hereafter 2 erect public buildings in any [city] municipality may[, with the 3 approval of the court or courts of common pleas if there is more 4 than one,] join with the proper authorities of such [city] 5 municipality in the grading, regrading, paving, repaving and 6 improvement of so much of the streets and highways as are in, 7 upon or alongside of the grounds upon which said public 8 buildings stand. 9 (b) The commissioners may enter into contract with any such 10 [city authorities] municipalities for the payment of a just 11 proportion of the expense of said grading, regrading, paving, 12 repaving and improvement of said streets and highways, and may 13 appropriate from the county treasury sufficient funds for this 14 purpose. They may act with any committee or committees which may 15 be appointed by such [city authorities] municipalities to 16 establish grades, determine the kind and quality of paving 17 materials to be used, and ratify the contracts entered into by 18 said [city authorities] municipalities in the course of said 19 improvements. 20 (c) No obligation shall rest upon the county for any 21 proportion of the expenses of such improvements until the 22 selection of grades and paving materials and the acceptance of 23 bids by said [city authorities] municipalities shall have been 24 ratified by the board of commissioners [and approved by the 25 court or courts of common pleas]. 26 Section 2350. Appropriations for Comfort Stations.--(a) The 27 board of county commissioners may appropriate moneys to assist 28 any [city or borough, being the county seat, or borough therein 29 having a population of ten thousand or more inhabitants,] 30 municipality to construct and maintain comfort stations within 19990S1154B2305 - 38 -
1 the boundaries of the county. 2 (b) The county commissioners, in cooperation with the 3 municipal authorities of the municipality wherein the court 4 house lies, may provide, and equip and maintain in the court 5 house rest or waiting rooms for the public, and provide 6 attendants therefor. The cost of providing such rooms and of 7 maintaining the same, including salaries, and all incidental 8 expenses, shall be paid by the county and by the municipality, 9 as they shall agree, for all which purposes the county 10 commissioners and said authorities may, respectively, 11 appropriate moneys. 12 (c) Any part of any ground acquired by any county for the 13 purposes of a court house, jail or workhouse may be leased by 14 such county to any municipality being the county seat of such 15 county, for the purpose of the construction thereon of a public 16 comfort station by such municipality. 17 Section 17 21. Section 2355 of the act, amended January 31, <-- 18 1956 (P.L.975, No.302), is amended to read: 19 Section 2355. Monuments and Memorials to War Veterans.--The 20 board of commissioners may appropriate money for, and provide 21 for, the erection of monuments or memorials, commemorating the 22 services of any person who has served in the armed forces of the 23 United States or in any women's organization officially 24 connected therewith during any part of any war in which the 25 United States has been or may hereafter be engaged. [The style 26 and character of such monuments or memorials shall be approved 27 by the State Art Commission.] 28 Section 18 22. Section 2356 of the act is amended to read: <-- 29 Section 2356. Assistance to Private or Municipal Agencies.-- 30 The board of commissioners may, in order to prevent duplication, 19990S1154B2305 - 39 -
1 appropriate money to assist any individual, private corporation,
2 city, borough, town or township, in the erection of any monument
3 or memorial for said soldiers, sailors and marines. [Before any
4 such appropriation is made, the style and character of such
5 monument or memorial shall be approved by the State Art
6 Commission.]
7 Section 19 23. Section 2362 of the act, amended June 19, <--
8 1961 (P.L.465, No.233) and June 6, 1963 (P.L.90, No.63), is
9 amended to read:
10 Section 2362. Plan of Hall; Special Rooms to be Provided.--
11 (a) Such memorial hall shall be in honor of the soldiers,
12 sailors and marines from said county, who served in the Army and
13 Navy of the United States in any war in which the United States
14 has been or may hereafter be engaged. Such memorial halls shall
15 each contain one large assembly room, or auditorium for public
16 meetings of the soldiers, sailors and marines of such county,
17 which may be used also for other public meetings and patriotic
18 gatherings by the consent of the board of control herein
19 provided for.
20 (b) Such memorial hall shall also contain rooms for meetings
21 of [Posts of the Grand Army of the Republic, encampments of the
22 Union Veterans Legion, commanders of the Loyal Legion, camps of
23 the Sons of Veterans, Women's Relief Corps, Ladies of the Grand
24 Army of the Republic, chapters of the Daughters of the
25 Revolution, the American Gold Star Mothers, Inc., Organizations
26 of the Spanish-American War and Philippine Insurrection, the
27 American Legion, Veterans of World War I of the U.S.A., Inc.,
28 Veterans of Foreign Wars, Italian American War Veterans of the
29 United States, Incorporated, Disabled American Veterans,
30 Military Order of the Purple Heart and] organizations of
19990S1154B2305 - 40 -
1 veterans of all [other] wars in which the United States has or
2 may be engaged, and also rooms for meetings of ladies'
3 auxiliaries of posts, encampments, camps and organizations for
4 which rooms for meetings may be contained in the memorial hall,
5 and also rooms for such committees of public defense and welfare
6 as may be created by the Commonwealth, or as may be approved by
7 the board of control hereinafter provided for.
8 (c) Such memorial halls shall also provide room for the
9 display and preservation of relics and trophies of all wars in
10 which the United States has been or may be engaged, photographs,
11 paintings and portraits, busts and statues of the soldiers,
12 sailors and marines of the said counties, and mural tablets upon
13 which shall be inscribed the names of such soldiers, sailors and
14 marines. Such memorial halls shall also contain waiting and rest
15 rooms with lavatories attached.
16 Section 20 24. Section 2363 of the act, amended August 12, <--
17 1959 (P.L.701, No.240), is amended to read:
18 Section 2363. Board of Control.--(a) A board of control is
19 hereby created, which shall have charge of all matters relating
20 to such memorial hall and shall have the care thereof. The board
21 shall be composed of [one member chosen by members of camps of
22 Spanish-American War Veterans,] one member chosen by members of
23 the Veterans of Foreign Wars, one member chosen by members of
24 the American Legion, one member chosen by the American War
25 Veterans of World War II (AMVETS), one member chosen by the
26 Italian American War Veterans of the United States,
27 Incorporated, one member chosen by the Disabled American
28 Veterans, and one member chosen by the Military Order of the
29 Purple Heart. The judges of the court of common pleas and the
30 board of commissioners shall be ex-officio members of the board
19990S1154B2305 - 41 -
1 of control. The selected members of the board shall serve one
2 year, when their successors shall be selected. Vacancies
3 occurring shall be filled by the board for the unexpired term of
4 the member whose death, resignation or removal caused the
5 vacancy.
6 (b) This section shall not apply to any county in which
7 there has been created by existing law a similar board of
8 control, and any references to the board of control in this
9 subdivision shall be inapplicable in so far as they are
10 inconsistent with the provisions of such law.
11 Section 21 25. Sections 2366, 2368, 2370, 2390, 2601, 2608, <--
12 2611, 2631, 2637, 2638 and 2639 of the act are amended to read:
13 Section 2366. Tax Levy; Increase or Indebtedness.--The board
14 of commissioners may provide the funds with which to pay for the
15 ground purchased or condemned, and the erection thereon of a
16 memorial hall, or the acquiring of additional land, or for the
17 enlarging, equipping, furnishing and decorating of said memorial
18 hall, by the levying and collecting of a tax upon the taxable
19 persons and property within said county, and by increasing the
20 indebtedness of said county according to law and by issuing and
21 selling bonds. [Such bonds shall be issued in accordance with
22 the provisions of the Municipal Borrowing Law.]
23 Section 2368. Acquiring of Property.--(a) Counties shall
24 have power to take, by gift, purchase, by the issuance of bonds
25 or otherwise, or acquire through condemnation proceedings,
26 property for the purpose of erecting thereon public auditoriums,
27 public libraries, public memorial buildings and monuments.
28 All proceedings for the condemnation of any property, under
29 the provisions of this section, shall be in the manner and
30 subject to the restrictions and procedure provided by law.
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1 (b) Counties may appropriate money from the public funds or 2 by issuance of bonds[, in accordance with the Municipal 3 Borrowing Law,] for the erection on said property taken, 4 purchased or acquired through condemnation proceedings, public 5 auditoriums, public libraries, public memorial buildings and 6 monuments. They may appropriate moneys for the operation and 7 maintenance of such public auditoriums, public libraries, 8 memorial buildings and monuments. 9 [Section 2370. Consent of City or Borough.--No county shall 10 acquire any property for, or erect any such public auditorium, 11 library, memorial building or monument within the limits of any 12 city or borough, except the county seat, without the consent of 13 the corporate authorities of such city or borough.] 14 Section 2390. Authority to Provide; Approval.--The county 15 commissioners of each county may[, upon presentment of two 16 successive grand juries of the county,] buy or lease land and 17 construct and maintain thereon, at the expense of the county, a 18 morgue for the reception and care of the bodies of all unclaimed 19 deceased persons upon whom it may be necessary to hold a 20 coroner's inquest and such other bodies as the coroner of the 21 county may, by written order, direct to be received therein. The 22 location of such morgue shall be determined by the county 23 commissioners, subject to the approval of [a judge of the court 24 of common pleas and] the coroner of the county. 25 Section 2601. Authority to Provide Bridges, Viaducts and 26 Culverts; Definitions; Application of Article.--(a) The county 27 commissioners of any county may locate, lay out, open, 28 construct, reconstruct, widen, straighten, extend, otherwise 29 alter, replace, remove and in all other respects provide for 30 bridges and viaducts over streams and other topographical 19990S1154B2305 - 43 -
1 impediments to public traffic, as parts or adjuncts of the roads
2 within the county for vehicles and pedestrians or for
3 pedestrians only, and culverts within the county or partly
4 within and partly without the county, in accordance with the
5 procedures and requirements established by the provisions of
6 this article. The provisions of this section and of this article
7 shall apply equally to all necessary approaches, abutments,
8 slopes, walls, embankments, fills, piers and other things
9 pertaining to bridges, viaducts and culverts as to the bridges,
10 viaducts and culverts themselves.
11 (b) As used in this article "streams" include streams,
12 rivers, creeks, ponds, lakes and all other such natural waters;
13 "road" includes roads, streets, highways, lanes, alleys and all
14 other such public thoroughfares; and "bridge" shall for the
15 purpose of convenience include the bridges, provided for in this
16 article, and also the viaducts and culverts and all things
17 pertaining to such bridges, viaducts and culverts wherever such
18 meanings may reasonably be intended.
19 (c) The provisions of this article shall not apply to any
20 matters relating to such county bridges, viaducts or culverts as
21 are covered and to the extent they are covered by the provisions
22 of the State Highway Law, or of any other law vesting in the
23 Secretary or Department of [Highways] Transportation and the
24 various counties of the Commonwealth, rights, powers and duties.
25 The terms of the foregoing limitation shall apply as well in the
26 case of the Public Utility Law and the Public Utility
27 Commission.
28 (d) No county shall, in the exercise of any authority or
29 duty conferred in this article, enter upon any road or property
30 of any city or borough of, or adjacent to the county, or act in
19990S1154B2305 - 44 -
1 derogation of the lawful authority of any such political 2 subdivision, except with the proper consent of such political 3 subdivision. 4 (e) No bridge provided for by this article shall obstruct 5 any canal or railroad, and nothing in this article shall be 6 deemed to release any railroad or other public utility from the 7 requirements of existing law. 8 [Section 2608. Materials Taken From Adjoining Lands.--The 9 contractor or the county commissioners in building any bridge 10 may enter upon lands and enclosures near the place where such 11 bridge is to be built for the purpose of searching for and 12 procuring the materials necessary for the construction of the 13 bridge, when the materials cannot conveniently be obtained by 14 contract at reasonable prices. In exercising such right, the 15 contractor or county shall do no unnecessary damage to the land, 16 and shall repair any breaches of fences which it shall make. If 17 the contractors or the county commissioners and the owner of 18 such materials cannot agree upon the sum to be paid for the 19 damages which may be done by the taking of such materials, such 20 damages shall be ascertained and awarded as in the case of 21 eminent domain proceedings.] 22 Section 2611. Authorization to Contract with [City or 23 Borough] Municipality for Sharing of Certain Costs.--When any 24 bridge is proposed to be located in any [city or borough] 25 municipality, the county may enter into an agreement with such 26 [city or borough] municipality providing that the [city or 27 borough] municipality shall bear a portion of the cost of the 28 location, laying out, opening, construction and maintenance of 29 such bridge or that the [city or borough] municipality shall 30 provide or maintain the approach thereto within the [city or 19990S1154B2305 - 45 -
1 borough] municipality or bear the costs of property damages of 2 said approach. Every such agreement shall be entered into in 3 writing and at least one executed copy thereof shall be 4 furnished to each party thereto. Every such bridge shall be a 5 county bridge and the duty of maintaining the same, except as 6 otherwise herein provided, shall devolve upon the county. The 7 expense thereof shall be provided out of any county funds 8 authorized for use in the maintenance of county bridges. 9 Section 2631. Providing and Maintaining Dykes, Banks, 10 Causeways and Sluiceways for Protection of Bridges and 11 Highways.--Any county, for the purpose of protecting any county 12 bridge, the abutments thereof and approaches thereto, and any 13 public highway adjacent to the same from the incursions of the 14 tide floods or waters of any stream, and to prolong the life of 15 any structure, may provide and maintain dykes, banks, causeways 16 and sluiceways over or across any unnavigable stream, and may 17 secure a right of way for the proper ingress thereto and egress 18 therefrom. In connection with the exercise of such authority, 19 the county may take, injure and destroy any necessary land or 20 property in the manner and subject to the restrictions and 21 procedure provided by law. No change in an existing stream 22 channel under the provisions of this subdivision shall be 23 undertaken until it has been approved by the Department of 24 [Forests and Waters] Environmental Protection. 25 [Section 2637. Repair of Bridges, Viaducts and Subways When 26 Liability for Such Repairs is in Doubt.--Whenever any bridge, 27 viaduct or subway carrying a public highway over or under a 28 railroad, street railway or other highway in any county is out 29 of repair, and an application has been made to the Public 30 Utility Commission to compel the repair thereof from which 19990S1154B2305 - 46 -
1 proceedings it appears that there is a contest between or among 2 political subdivisions or between or among political 3 subdivisions and public utilities as to the liability for such 4 repair, and that the cost thereof is not in dispute, the 5 petitioner or petitioners or any other person or corporation 6 interested may forthwith apply to the commissioners of the 7 county for the prompt repair thereof. 8 Such application shall be made by serving, upon the county 9 commissioners, a certified copy of the petition and each of the 10 answers on file before the Public Utility Commission. After such 11 service, the county commissioners may take such steps as may be 12 necessary to repair the bridge, viaduct or subway and make it 13 safe for public travel. 14 Section 2638. Contributions Towards Work.--Should the county 15 commissioners find it impracticable to make any or all such 16 repairs with county funds, they shall so notify the complainant 17 in the proceedings instituted before the Public Utility 18 Commission. Thereupon, any persons, including the county 19 interested in having such repairs made, may contribute to a fund 20 to be deposited with the county treasurer for the purpose of 21 making said repairs. When the fund becomes sufficient for said 22 purpose, the commissioners shall take the necessary steps to 23 place said bridge, viaduct or subway in repair and safe for 24 public travel. The repairs may be made partly from such 25 contributions and partly from public funds, if the commissioners 26 find it expedient so to do. 27 Section 2639. Collection of Costs of Repairs; Return of 28 Contributions.--The cost of such repairs shall be kept by the 29 commissioners in an open account until there has been a final 30 adjudication of the proceedings before the Public Utility 19990S1154B2305 - 47 -
1 Commission, whereupon the amount so expended, together with ten
2 per centum of said amount to cover the cost of supervision of
3 the work, shall be collected as awards of the Public Utility
4 Commission are collected, and shall be paid into the county
5 treasury. Thereupon, any contributions which may have been made
6 under the provisions of the section immediately preceding shall
7 be returned to the respective contributors.]
8 Section 22 26. Sections 2650, 2653 and 2654 of the act, <--
9 amended May 1, 1981 (P.L.25, No.11), are amended to read:
10 Section 2650. Procedure for Taking Over Bridge by County;
11 Aid to Political Subdivisions in Construction and Maintenance of
12 Bridge.--(a) Whenever the construction of any new bridge, or of
13 any bridge to replace any existing bridge, over a stream, or
14 over or under a railroad, and forming part of any road in any
15 city, borough, town or township, or between any two or more such
16 political subdivisions is necessary, and requires more expense
17 than it is reasonable that such political subdivision, or any
18 two of them jointly, should bear, and if it shall appear to the
19 commissioners of the county that such bridge is necessary, and
20 would be too expensive for such political subdivision or
21 adjoining political subdivisions to bear, it may, at the
22 discretion of the county commissioners, be entered on record as
23 a county bridge. Such bridge shall thereupon be erected,
24 maintained and kept in repair in the same manner as other county
25 bridges constructed under the provisions of subdivision (a) of
26 this article.
27 (b) If the county commissioners refuse to have such bridge
28 entered on record as a county bridge, the county may pay the
29 entire cost or any part of the cost of constructing such bridge
30 including damages. Such bridge shall thereupon be a municipal or
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1 township bridge to be maintained and kept in repair by such 2 political subdivision. The county commissioners may, at their 3 discretion, furnish such political subdivision the whole or any 4 part of the money necessary to maintain such municipal or 5 township bridge. 6 (c) Where the cost to the county will not exceed [one 7 thousand five hundred dollars ($1500)] ten thousand dollars 8 ($10,000), the county commissioners may furnish such aid in the 9 construction of such bridge without following the procedure 10 herein stipulated. 11 Section 2653. Contract for Parts of Municipal Bridges Where 12 County Might Have Built Bridge.--(a) Where a city of the third 13 class, a borough or a township [of the first class] is 14 authorized to construct a bridge or viaduct over a stream or 15 other place over which the county is authorized to build bridges 16 and such political subdivision is authorized to contract with 17 the county and with railroads, street railways and other 18 companies or parties interested for the building and maintenance 19 of such bridge or viaduct and for the payment of any damages 20 caused by the location or building thereof, the county 21 commissioners may contract with such city, borough or township 22 for that part or portion of the bridge which crosses any of the 23 places hereinbefore mentioned, including the abutments and piers 24 thereof. Such part shall thereafter be maintained as a county 25 bridge. 26 (b) In lieu of the contract above provided for, the county 27 commissioners may contract for any part or portion of the whole 28 structure equal to or greater than the part or portion which the 29 county might have built. 30 (c) The contracts provided for in this section may stipulate 19990S1154B2305 - 49 -
1 that the county shall pay a certain portion of the whole 2 contract price or cost of the work, including damages, or may 3 stipulate that the county shall construct or pay for the 4 construction of a certain part of the work, and may otherwise 5 provide for the payment of the damages. The amount to be paid by 6 the county shall be paid directly to the contractor as may be 7 provided by the contract. 8 Section 2654. Joining With [City] Municipality in Another 9 County in Building or Rebuilding Bridge.--When any bridge or 10 proposed bridge is on the dividing line between two counties 11 which is also the dividing line between one county and a [city] 12 municipality in the other county and such [city] municipality 13 has authority to build or rebuild such bridge or to join with 14 any county therein, said county may join with said [city] 15 municipality in the other county in building or rebuilding such 16 bridge. The cost of such bridge shall be paid in such 17 proportions as shall be agreed upon by the county and [city] 18 municipality so joining. 19 Section 23 27. Section 2655 of the act is amended to read: <-- 20 Section 2655. Aiding [City] Municipality in Constructing 21 Bridge Over Ravine or Valley.--Whenever different parts of any 22 [city or any part of such city and any township bordering 23 thereon] municipality or any two municipalities are separated by 24 an intervening valley or ravine, and the commissioners of the 25 county in which such [city is] municipality or municipalities 26 are located shall decide it necessary that a public bridge, to 27 connect the territories thus separated, be constructed [and that 28 such bridge will be of substantial advantage and benefit to the 29 people of the township bordering thereon or townships adjacent 30 thereto], such county may contract with such [city] municipality 19990S1154B2305 - 50 -
1 or municipalities for the laying out and construction of such 2 bridge by such [city] municipality or municipalities, and may 3 pay to the [city] municipality or municipalities such portion of 4 the cost thereof as the county commissioners shall deem 5 reasonable. 6 Section 24 28. Section 2656 of the act, amended May 1, 1981 <-- 7 (P.L.25, No.11) is amended to read: 8 Section 2656. Entry of [Borough or Township] Municipal 9 Bridge on Record as County Bridge.--Whenever a public bridge has 10 been built or maintained by any [borough or township] 11 municipality, or both, or by any two [boroughs or two townships, 12 or any of them] municipalities, and it shall afterwards appear 13 to the commissioners that the care, maintenance and 14 responsibility of said bridge is greater than it is reasonable 15 that the said political subdivisions should bear, the 16 commissioners may enter such bridge upon record as a county 17 bridge, and it shall thereafter be a county bridge in the same 18 manner as if it had originally been so entered on record, if the 19 proper local authorities having the maintenance, supervision and 20 control of such bridge shall tender the same to the said county 21 commissioners free and without charge. 22 Section 25 29. Sections 2657, 2658, 2659, 2660 and 2661 of <-- 23 the act are amended to read: 24 [Section 2657. Acquisition of Toll Bridges by Purchase or 25 Condemnation.--(a) The county may purchase or acquire any toll 26 bridge situated within the county which is necessary for the 27 accommodation of public travel and on which the payment of tolls 28 is burdensome to the traveling public, together with the 29 approaches and appurtenances thereto as herein provided. 30 (c) The commissioners of the county may purchase the bridge 19990S1154B2305 - 51 -
1 with the approaches and appurtenances thereto, at a price to be 2 agreed upon by the commissioners and the owner of the bridge, 3 or, upon failure to agree upon a purchase price, the county 4 commissioners may take the bridge under eminent domain or 5 condemnation proceedings as provided by law. Thereafter, the 6 bridge shall be entered on record as a county bridge, and shall 7 be controlled, maintained and used as a public bridge. 8 (d) Such bridge may be freed from tolls at any time 9 thereafter, but in no event later than the time when all debt 10 incurred as a result of the acquisition thereof is extinguished. 11 The county shall at all times have authority to charge tolls or 12 rentals for the use thereof from railway, telephone and 13 telegraph companies and other persons or companies using such 14 bridge for other than ordinary public foot and vehicular travel. 15 Where contracts exist between such persons or companies and the 16 owners of such bridge, such contract shall be preserved for the 17 benefit of the county and shall be assigned thereto. 18 Section 2658. Contracts with Municipalities for Purchase or 19 Condemnation of Toll Bridges.--Where a political subdivision may 20 purchase, condemn and maintain any toll bridge crossing any 21 stream within its limits and may enter into contracts with the 22 county commissioners whereby the county shall pay a portion of 23 the costs thereof, the county commissioners may enter into such 24 contract upon such terms and conditions as may be agreed upon 25 for the purchase, appropriation or condemnation of such bridge. 26 The contract may stipulate that the political subdivision and 27 the county shall each pay a certain portion of the purchase 28 price and of the damages allowed by any condemnation 29 proceedings, and may also provide for the maintenance and repair 30 of such bridge. The amount to be paid by the county shall be 19990S1154B2305 - 52 -
1 paid into the treasury of such subdivision, and shall be applied 2 solely to the payment for such bridge. 3 Section 2659. Leasing of Toll Bridges or of Right to Use 4 Same.--(a) Whenever a toll bridge owned or maintained by a 5 bridge company organized and existing under the laws of this 6 Commonwealth shall span a stream in this Commonwealth, and such 7 bridge or any portion thereof is used solely by the public for 8 general highway purposes, or by the public for such purposes 9 concurrently with the use of the same by any railroad company or 10 street railway company engaged as a common carrier, and the 11 commissioners of the county in which such bridge is located 12 shall by resolution declare such bridge or any portion thereof 13 necessary for the accommodation of the public for general 14 highway purposes, and that the payment of tolls on such bridge 15 is burdensome to the public using the same for such purposes, 16 then the county shall have the power to enter into a contract 17 with the bridge company whereby the company may lease to the 18 county such bridge, or such portion thereof as may be used by 19 the public for general highway purposes for the use of the same 20 by the public for said purposes, free from the payment of tolls. 21 Such contract may provide for the payment by the county of such 22 rental for such definite term of years not to exceed twenty and 23 for such other terms and conditions as may be agreed upon and as 24 the commissioners shall deem reasonable and proper. 25 (b) As an alternative, the county may enter into lease with 26 such bridge company or corporation providing for the use, during 27 a definite period, not exceeding twenty years, of such bridge or 28 any portion thereof by the public for general highway purposes, 29 free from the payment of tolls during the term of such contract, 30 subject to the concurrent use of such bridge, or any portion 19990S1154B2305 - 53 -
1 thereof, by any railroad company or street railway company 2 engaged as a common carrier and making use of such bridge, or 3 any portion thereof. Such lease shall contain such terms of 4 payment for such use by the public of the bridge or any portion 5 thereof, and such other terms, provisions and conditions as may 6 be agreed upon, and as the county commissioners shall deem 7 reasonable and proper. No tolls shall be charged the public for 8 the use of said bridge or any portion thereof for general 9 highway purposes during the term of any such lease or any such 10 contract. Any such contract or lease shall be subject to the 11 approval of the Public Utility Commission in the manner 12 prescribed by law. 13 Section 2660. Operation of Joint County Toll Bridges by 14 Counties.--Whenever it is necessary for any counties, in the 15 construction of any joint county bridge, or in the joint 16 acquisition of any toll bridge, to issue bonds in payment of 17 such construction or acquisition, including the approaches 18 thereto, of the damages sustained by owners of lands taken in 19 the construction or acquisition thereof, and including 20 reasonable fees for necessary legal services required in such 21 construction or acquisition, the county commissioners of said 22 county or counties may, with the consent of the State Department 23 of Highways if the cost of such bridge was in excess of four 24 hundred thousand dollars ($400,000), assess, supervise and 25 collect such tolls for the use of said bridge for all traffic as 26 may be necessary to pay the interest on said bonds, and to 27 create a sinking fund for the payment and redemption of the same 28 within thirty years from the date of the issue thereof, and to 29 pay also the costs and expenses of operating and maintaining 30 such bridge between the time of construction thereof and the 19990S1154B2305 - 54 -
1 date of the redemption of the last of said bonds to be redeemed 2 by such tolls. The tolls so collected shall be distributed, 3 between such counties, in proportion to the amount paid in by 4 each county in the original construction or acquisition, and all 5 moneys received from rentals for special use shall be divided 6 between them in the same proportion. In no case shall any tolls 7 be collected after the redemption of the original bonds issued. 8 Such bridge, whether constructed or jointly acquired, shall be a 9 joint county bridge. 10 Section 2661. Management, Maintenance and Policing of Joint 11 County Toll Bridges; Turning Over to Department of Highways.-- 12 (a) Such joint county bridge shall be managed, controlled, 13 maintained, repaired, operated and lighted by the commissioners 14 of the said counties, acting as a joint county bridge 15 commission, who are hereby authorized to act jointly in the 16 employment of such workmen, collectors of tolls, and other 17 employes, to fix their wages, salaries and compensation, and to 18 incur such other expenses in the construction and operation of 19 such bridge, including the compensation of such attorneys as in 20 their judgment shall be requisite and necessary. All decisions 21 of such commission shall require a majority vote of all the 22 members thereof. 23 (b) The commissioners of said counties acting jointly may 24 adopt such rules and regulations as they deem expedient for the 25 proper government and management of said bridge, and for the 26 preservation of good order, safe traffic and proper conduct 27 thereon. They may also require arrests to be made for evasion, 28 or attempts to evade, in violation of their rules or 29 regulations, the payment of tolls fixed for passage over said 30 bridge. For any violations thereof, the offender shall be 19990S1154B2305 - 55 -
1 subject to a fine of not less than ten dollars ($10), or more
2 than twenty-five dollars ($25), together with costs, upon
3 summary conviction before a justice of the peace, magistrate or
4 alderman of either of said counties, and, on default of payment
5 of such fine, then to imprisonment of not less than ten days, or
6 more than thirty days, in the county prison of either of said
7 counties.
8 (c) Such powers and duties of said commissioners acting as a
9 joint commission shall continue until the redemption of the last
10 of said bonds to be redeemed by such tolls, whereupon said
11 bridge shall be turned over as a free bridge to the
12 Commonwealth, if such bridge crosses a river and is located on a
13 State highway route, or connects two State highway routes.
14 Thereafter, such bridge shall be maintained by the Highway
15 Department at the expense of the Commonwealth. Otherwise, such
16 bridge shall be maintained as other joint county bridges.]
17 Section 26 30. Section 2670 of the act, amended July 10, <--
18 1990 (P.L.379, No.89), is amended to read:
19 Section 2670. Building or Repair of Bridges.--In addition to
20 the provisions of Articles XVIII and XXIII of this act relating
21 to contracting for services and personal property, whenever the
22 county commissioners propose to build or repair a bridge at a
23 cost in excess of ten thousand dollars ($10,000) [their
24 advertisements for bids shall contain the description of the
25 repairs, or designs of the kind of bridge, required. When the
26 contract is for the building of a bridge, the designs and
27 specifications therefor, or a copy thereof, shall be kept in the
28 office of the county commissioners, open to the inspection of
29 all intending bidders during such advertising and the time
30 specified therein for the reception of bids. In the case of a
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1 bridge to be erected over a stream] upon the line between two 2 adjoining counties, the advertising shall be done in each of 3 said counties, and a copy of the plans and specifications shall 4 be kept in the commissioners' office of each county. [The time 5 of filing bids and the person's name with whom filed must be 6 marked on the outside of said bids.] 7 Section 27 31. Section 2676 of the act is amended to read: <-- 8 Section 2676. Incurring of Indebtedness; Taxation for Debt 9 Service.--Any county constructing a bridge or making any other 10 capital improvement or major repairs, in relation to the matters 11 provided for in this article, may, pursuant to a resolution 12 adopted for that purpose by the county commissioners of such 13 county, incur indebtedness and borrow money therefor [in 14 accordance with the provisions of the Municipal Borrowing Law]. 15 Any such county may levy and collect on all taxable property in 16 such county, in addition to all other taxes, for the purposes of 17 servicing such indebtedness. 18 Section 28 32. This act shall take effect in 60 days. <-- H8L16JLW/19990S1154B2305 - 57 -