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
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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
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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
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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
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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
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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.
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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:
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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
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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
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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:
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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
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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
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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.
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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.
19990S1154B2305 - 42 -
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
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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
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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
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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
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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
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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
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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
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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
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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
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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. <--
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