HOUSE AMENDED
PRIOR PRINTER'S NOS. 1428, 2296, 2305 PRINTER'S NO. 2322
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 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, FOR HOTEL ROOM TAX IN SIXTH CLASS <--
11 COUNTIES, FOR OFFICE HOURS AND FOR DELIVERY OF TAX <--
12 DUPLICATES; AND FURTHER regulating contractors, grounds and
13 buildings and bridges, viaducts and culverts.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 1801 of the act of August 9, 1955 <--
17 (P.L.323, No.130), known as The County Code, amended July 10,
18 1990 (P.L.379, No.89), is amended to read:
19 SECTION 1. THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), <--
20 KNOWN AS THE COUNTY CODE, IS AMENDED BY ADDING A SECTION TO
21 READ:
22 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
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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,
19990S1154B2322 - 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 (C.1) THE DISPOSITION OF THE REVENUES FROM THE SPECIAL FUND <--
18 ATTRIBUTABLE TO THE LEVY OF THE THIRD PER CENTUM OF THE TAX, IF
19 LEVIED, SHALL BE DISTRIBUTED AT THE DISCRETION OF THE COUNTY
20 COMMISSIONERS AND USED SOLELY FOR TOURISM AND REGIONAL PROMOTION
21 PURPOSES.
22 (D) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX
23 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX FROM THE
24 ENTITY OR AGENCY DESIGNATED BY THE COUNTY COMMISSIONERS TO
25 COLLECT AND TO ENFORCE THE COLLECTION OF THE TAX AND SHALL
26 DEPOSIT THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND
27 ESTABLISHED FOR THAT PURPOSE.
28 (E) THE TAX YEAR FOR A TAX IMPOSED UNDER THIS SECTION SHALL
29 RUN CONCURRENTLY WITH THE CALENDAR YEAR.
30 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
19990S1154B2322 - 8 -
1 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
2 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,
3 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE OR OTHER PAYMENT
4 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE
5 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL
6 FOR ANY TEMPORARY PERIOD.
7 "DEBT SERVICE ON BONDS." ANY COST RELATED TO THE ISSUANCE,
8 REFINANCING, REFUNDING OR PAYMENT OR ANY OTHER COSTS ASSOCIATED
9 WITH THE ISSUANCE AND MAINTENANCE OF BONDS OR NOTES BY AN
10 AUTHORITY OR A CITY OF THE THIRD CLASS.
11 "HOTEL." A HOTEL, MOTEL, INN, GUEST HOUSE OR OTHER STRUCTURE
12 WHICH HOLDS ITSELF OUT BY ANY MEANS, INCLUDING ADVERTISING,
13 LICENSE, REGISTRATION WITH AN INNKEEPERS' GROUP, CONVENTION
14 LISTING ASSOCIATION, TRAVEL PUBLICATION OR SIMILAR ASSOCIATION
15 OR WITH A GOVERNMENT AGENCY, AS BEING AVAILABLE TO PROVIDE
16 OVERNIGHT LODGING OR USE OF FACILITY SPACE FOR CONSIDERATION TO
17 PERSONS SEEKING TEMPORARY ACCOMMODATION; ANY PLACE WHICH
18 ADVERTISES TO THE PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT
19 WILL PROVIDE BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A
20 TEMPORARY PERIOD TO MEMBERS OF THE PUBLIC AT LARGE; OR ANY PLACE
21 RECOGNIZED AS A HOSTELRY. THE TERM DOES NOT INCLUDE ANY PORTION
22 OF A FACILITY THAT IS DEVOTED TO PERSONS WHO HAVE AN ESTABLISHED
23 PERMANENT RESIDENCE OR A COLLEGE OR UNIVERSITY STUDENT RESIDENCE
24 HALL.
25 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE
26 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF
27 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR
28 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING
29 THE USE AND POSSESSION OF THE ROOM.
30 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT-
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1 MAKING ASSOCIATION OR CORPORATION, OR OTHER PERSON OR GROUP OF
2 PERSONS WHO MAINTAINS, OPERATES, MANAGES, OWNS, HAS CUSTODY OF
3 OR OTHERWISE POSSESSES THE RIGHT TO RENT OR LEASE OVERNIGHT
4 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION.
5 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE
6 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.
7 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE
8 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR
9 OTHERWISE FOR A PERIOD EXCEEDING THIRTY CONSECUTIVE DAYS.
10 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY
11 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE
12 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS.
13 "TOURIST PROMOTION AGENCY (TPA)." AN ORGANIZATION, AGENCY OR
14 CORPORATION DESIGNATED TO BE SUCH BY THE BOARD OF COMMISSIONERS
15 OF THE COUNTY IN WHICH THE TAX IS IMPOSED. THE TPA SHALL BE DULY
16 ESTABLISHED, DESIGNATED AND RECOGNIZED AS THE COUNTY'S TPA IN
17 ACCORDANCE WITH AND PURSUANT TO THE ACT OF APRIL 28, 1961
18 (P.L.111, NO.50), KNOWN AS THE "TOURIST PROMOTION LAW."
19 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A
20 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM
21 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS
22 OR AN IMPLIED CONTRACT.
23 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A
24 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY
25 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY
26 PAYING A FEE TO THE OPERATOR.
27 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION SECTIONS <--
28 TO READ:
29 SECTION 1770.6 AUTHORIZATION OF HOTEL TAX.--(A) THE EXCEPT <--
30 AS PROVIDED FOR IN SECTION 1770.7, THE COUNTY COMMISSIONERS OF
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1 ANY COUNTY MAY IMPOSE AN EXCISE TAX ON THE CONSIDERATION
2 RECEIVED BY EACH OPERATOR OF A HOTEL, AS DEFINED BY THIS
3 SECTION, FROM EACH TRANSACTION OF RENTING A ROOM OR ROOMS TO
4 ACCOMMODATE TRANSIENTS. IF LEVIED, THE TAX SHALL BE COLLECTED BY
5 THE OPERATOR FROM THE PATRON OF THE ROOM AND PAID OVER TO THE
6 COUNTY AND SHALL BE KNOWN AS THE HOTEL ROOM RENTAL TAX.
7 (B) THE RATE OF THE TAX IMPOSED UNDER THIS SECTION SHALL NOT
8 EXCEED THREE PER CENTUM.
9 (C) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX
10 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT
11 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED
12 FOR THAT PURPOSE. SUBSEQUENT TO THE DEDUCTION FOR ADMINISTRATIVE
13 COSTS ESTABLISHED IN SUBSECTION (E), THE COUNTY SHALL DISTRIBUTE
14 TO THE RECOGNIZED TOURIST PROMOTION AGENCY ALL REVENUES RECEIVED
15 FROM THE TAX NOT LATER THAN SIXTY DAYS AFTER RECEIPT OF THE TAX
16 REVENUES. THE REVENUES FROM THE SPECIAL FUND SHALL BE USED BY
17 THE RECOGNIZED TOURIST PROMOTION AGENCY FOR THE PURPOSES OF
18 TOURISM, CONVENTION PROMOTION AND TOURISM DEVELOPMENT.
19 (D) EACH TAX YEAR FOR ANY TAX IMPOSED HEREUNDER SHALL RUN
20 CONCURRENTLY WITH THE COUNTY'S FISCAL YEAR.
21 (E) FOR THE PURPOSES OF DEFRAYING THE COSTS ASSOCIATED WITH
22 THE COLLECTION OF THE TAX IMPOSED HEREUNDER, AND OTHERWISE
23 PERFORMING ITS OBLIGATIONS UNDER THIS SECTION, THE COUNTY IS
24 HEREBY AUTHORIZED TO DEDUCT AND RETAIN AN ADMINISTRATIVE FEE
25 FROM THE TAXES COLLECTED HEREUNDER. SUCH ADMINISTRATIVE FEE
26 SHALL BE ESTABLISHED BY THE COUNTY, BUT SHALL NOT EXCEED IN ANY
27 TAX YEAR THE LESSER OF:
28 (1) TWO PER CENTUM OF ALL TAXES COLLECTED HEREUNDER; OR
29 (2) FORTY THOUSAND DOLLARS ($40,000), WHICH AMOUNT SHALL BE
30 ADJUSTED BIANNUALLY, BEGINNING TWO YEARS AFTER THE DATE OF
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1 ENACTMENT, BY THE PERCENTAGE GROWTH IN THE CONSUMER PRICE INDEX
2 FOR ALL URBAN CONSUMERS AS DETERMINED BY THE UNITED STATES
3 DEPARTMENT OF LABOR.
4 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
5 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
6 SUBSECTION:
7 "BED AND BREAKFAST" OR "HOMESTEAD." A PUBLIC ACCOMMODATION
8 CONSISTING OF A PRIVATE RESIDENCE, WHICH CONTAINS TEN OR FEWER
9 BEDROOMS, USED FOR PROVIDING OVERNIGHT ACCOMMODATIONS TO THE
10 PUBLIC AND IN WHICH BREAKFAST IS THE ONLY MEAL SERVED AND IS
11 INCLUDED IN THE CHARGE FOR THE ROOM.
12 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,
13 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT
14 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE
15 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL
16 FOR ANY TEMPORARY PERIOD.
17 "COUNTY." ANY COUNTY OF THE THIRD CLASS THROUGH THE EIGHTH
18 CLASS WHICH, ON THE EFFECTIVE DATE OF THIS SECTION, DOES NOT
19 HAVE THE AUTHORITY TO LEVY A HOTEL OCCUPANCY OR ROOM RENTAL TAX. <--
20 "HOTEL." A HOTEL, MOTEL, BED AND BREAKFAST, HOMESTEAD, INN,
21 GUEST HOUSE OR OTHER STRUCTURE WHICH HOLDS ITSELF OUT BY ANY
22 MEANS, INCLUDING ADVERTISING, LICENSE, REGISTRATION WITH AN
23 INNKEEPERS' GROUP, CONVENTION LISTING ASSOCIATION, TRAVEL
24 PUBLICATION OR SIMILAR ASSOCIATION OR WITH A GOVERNMENT AGENCY,
25 AS BEING AVAILABLE TO PROVIDE OVERNIGHT LODGING OR USE OF
26 FACILITY SPACE FOR CONSIDERATION TO PERSONS SEEKING TEMPORARY
27 ACCOMMODATION; ANY PLACE WHICH ADVERTISES TO THE PUBLIC AT LARGE
28 OR ANY SEGMENT THEREOF THAT IT WILL PROVIDE BEDS, SANITARY
29 FACILITIES OR OTHER SPACE FOR A TEMPORARY PERIOD TO MEMBERS OF
30 THE PUBLIC AT LARGE; OR ANY PLACE RECOGNIZED AS A HOSTELRY. THE
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1 TERM DOES NOT INCLUDE ANY PORTION OF A FACILITY THAT IS DEVOTED
2 TO PERSONS WHO HAVE AN ESTABLISHED PERMANENT RESIDENCE OR A
3 COLLEGE OR UNIVERSITY STUDENT RESIDENCE HALL OR ANY PRIVATE
4 CAMPGROUND, OR ANY CABINS, PUBLIC CAMPGROUNDS OR OTHER
5 FACILITIES LOCATED ON STATE LAND.
6 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE
7 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF
8 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR
9 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING
10 THE USE AND POSSESSION OF THE ROOM.
11 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT-
12 MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR GROUP OF
13 PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE CUSTODY OF OR
14 OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE OVERNIGHT
15 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION.
16 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE
17 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.
18 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE
19 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR
20 OTHERWISE FOR A PERIOD EXCEEDING SIXTY CONSECUTIVE DAYS.
21 "RECOGNIZED TOURIST PROMOTION AGENCY." THE NONPROFIT
22 CORPORATION, ORGANIZATION, ASSOCIATION OR AGENCY WHICH IS
23 ENGAGED IN PLANNING AND PROMOTING PROGRAMS DESIGNED TO STIMULATE
24 AND INCREASE THE VOLUME OF TOURIST, VISITOR AND VACATION
25 BUSINESS WITHIN COUNTIES SERVED BY THE AGENCY AS THAT TERM IS
26 DEFINED IN THE ACT OF APRIL 28, 1961 (P.L.111, NO.50), KNOWN AS
27 THE "TOURIST PROMOTION LAW."
28 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY
29 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE
30 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS.
19990S1154B2322 - 13 -
1 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A
2 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM
3 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS
4 OR AN IMPLIED CONTRACT.
5 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A
6 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY
7 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY
8 PAYING A FEE TO THE OPERATOR.
9 "TREASURER." THE ELECTED TREASURER OF THE COUNTY OR, IF
10 THERE IS NO ELECTED TREASURER OF THE COUNTY, SUCH OTHER OFFICIAL
11 OR AGENT OF THE COUNTY AS MAY BE DESIGNATED BY THE COUNTY TO
12 COLLECT AND ACCOUNT FOR THE TAX AUTHORIZED BY THIS SECTION.
13 SECTION 1770.7. AUTHORIZATION OF THREE PER CENTUM HOTEL <--
14 TAX.--(A) THE COUNTY COMMISSIONERS OF ANY COUNTY OF THE SIXTH
15 CLASS HAVING A POPULATION UNDER THE 1990 FEDERAL DECENNIAL
16 CENSUS IN EXCESS OF 78,250 RESIDENTS, BUT LESS THAN 79,000
17 RESIDENTS, MAY IMPOSE A HOTEL TAX NOT TO EXCEED THREE PER CENTUM
18 OF THE CONSIDERATION RECEIVED BY EACH OPERATOR OF A HOTEL WITHIN
19 THE COUNTY FROM EACH TRANSACTION OF RENTING A ROOM OR ROOMS TO
20 TRANSIENTS. THE TAX SHALL BE COLLECTED BY THE OPERATOR FROM THE
21 PATRON OF THE ROOM OR ROOMS AND PAID OVER TO THE COUNTY AS
22 HEREIN PROVIDED.
23 (B) THE COUNTY COMMISSIONERS MAY BY ORDINANCE IMPOSE
24 REQUIREMENTS FOR KEEPING OF RECORDS, THE FILING OF TAX RETURNS
25 AND THE TIME AND MANNER OF COLLECTION AND PAYMENT OF TAX. THE
26 COUNTY COMMISSIONERS MAY ALSO IMPOSE BY ORDINANCE PENALTIES AND
27 INTEREST FOR FAILURE TO COMPLY WITH RECORDKEEPING, FILING,
28 COLLECTION AND PAYMENT REQUIREMENTS.
29 (C) THE COUNTY COMMISSIONERS OF EACH COUNTY SHALL DESIGNATE
30 THE ENTITY OR AGENCY RESPONSIBLE TO COLLECT AND TO ENFORCE THE
19990S1154B2322 - 14 -
1 COLLECTION OF THE TAX ON THEIR BEHALF. ALL REVENUES RECEIVED
2 FROM THE TAX SHALL BE DEPOSITED INTO A SPECIAL FUND WHICH IS TO
3 BE ESTABLISHED BY THE COUNTY'S LEGALLY SANCTIONED AND DULY
4 DESIGNATED TOURIST PROMOTION AGENCY (TPA). THE DISPOSITION OF
5 THE REVENUES FROM THE TPA HOTEL TAX FUND SHALL BE AS FOLLOWS:
6 SEVENTY-FIVE PER CENTUM OF ALL REVENUES RECEIVED PER ANNUM SHALL
7 BE USED BY THE TPA FOR THE PROMOTION, ADVERTISING AND MARKETING
8 OF TOURISM AND SPECIAL EVENTS AND FOR ADMINISTRATIVE COSTS.
9 TWENTY-FIVE PER CENTUM OF ALL REVENUES RECEIVED PER ANNUM SHALL
10 BE USED BY THE COUNTY COMMISSIONERS FOR THE PURPOSE OF ECONOMIC
11 DEVELOPMENT, HISTORIC PRESERVATION AND GRANTS TO LOCAL
12 MUNICIPALITIES HAVING POLICE DEPARTMENTS. ANY FEES FOR
13 ADMINISTERING THE COLLECTION AND DISTRIBUTION OF THE TAX SHALL
14 BE NEGOTIATED BY THE TPA AND THE COUNTY COMMISSIONERS.
15 (D) THE TREASURER OF EACH COUNTY ELECTING TO IMPOSE THE TAX
16 AUTHORIZED UNDER THIS SECTION SHALL COLLECT THE TAX AND DEPOSIT
17 THE REVENUES RECEIVED FROM THE TAX IN A SPECIAL FUND ESTABLISHED
18 FOR THAT PURPOSE.
19 (E) THE TAX YEAR FOR A TAX IMPOSED UNDER THIS SECTION SHALL
20 RUN CONCURRENTLY WITH THE CALENDAR YEAR.
21 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
22 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
23 "CONSIDERATION." RECEIPTS, FEES, CHARGES, RENTALS, LEASES,
24 CASH, CREDITS, PROPERTY OF ANY KIND OR NATURE, OR OTHER PAYMENT
25 RECEIVED BY OPERATORS IN EXCHANGE FOR OR IN CONSIDERATION OF THE
26 USE OR OCCUPANCY BY A TRANSIENT OF A ROOM OR ROOMS IN A HOTEL
27 FOR ANY TEMPORARY PERIOD.
28 "HOTEL." A HOTEL, MOTEL, INN, GUEST HOUSE OR OTHER STRUCTURE
29 WHICH HOLDS ITSELF OUT BY ANY MEANS, INCLUDING ADVERTISING,
30 LICENSE, REGISTRATION WITH AN INNKEEPERS' GROUP, CONVENTION
19990S1154B2322 - 15 -
1 LISTING ASSOCIATION, TRAVEL PUBLICATION OR SIMILAR ASSOCIATION
2 OR WITH A GOVERNMENT AGENCY, AS BEING AVAILABLE TO PROVIDE
3 OVERNIGHT LODGING OR USE OF FACILITY SPACE FOR CONSIDERATION TO
4 PERSONS SEEKING TEMPORARY ACCOMMODATION; ANY PLACE WHICH
5 ADVERTISES TO THE PUBLIC AT LARGE OR ANY SEGMENT THEREOF THAT IT
6 WILL PROVIDE BEDS, SANITARY FACILITIES OR OTHER SPACE FOR A
7 TEMPORARY PERIOD TO MEMBERS OF THE PUBLIC AT LARGE; OR ANY PLACE
8 RECOGNIZED AS A HOSTELRY. THE TERM DOES NOT INCLUDE ANY PORTION
9 OF A FACILITY THAT IS DEVOTED TO PERSONS WHO HAVE AN ESTABLISHED
10 PERMANENT RESIDENCE OR A COLLEGE OR UNIVERSITY STUDENT RESIDENCE
11 HALL.
12 "OCCUPANCY." THE USE OR POSSESSION OR THE RIGHT TO THE USE
13 OR POSSESSION BY ANY PERSON OTHER THAN A PERMANENT RESIDENT OF
14 ANY ROOM IN A HOTEL FOR ANY PURPOSE OR THE RIGHT TO THE USE OR
15 POSSESSION OF THE FURNISHINGS OR TO THE SERVICES ACCOMPANYING
16 THE USE AND POSSESSION OF THE ROOM.
17 "OPERATOR." AN INDIVIDUAL, PARTNERSHIP, NONPROFIT OR PROFIT-
18 MAKING ASSOCIATION OR CORPORATION OR OTHER PERSON OR GROUP OF
19 PERSONS WHO MAINTAIN, OPERATE, MANAGE, OWN, HAVE CUSTODY OF OR
20 OTHERWISE POSSESS THE RIGHT TO RENT OR LEASE OVERNIGHT
21 ACCOMMODATIONS IN A HOTEL TO THE PUBLIC FOR CONSIDERATION.
22 "PATRON." A PERSON WHO PAYS THE CONSIDERATION FOR THE
23 OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL.
24 "PERMANENT RESIDENT." A PERSON WHO HAS OCCUPIED OR HAS THE
25 RIGHT TO OCCUPANCY OF A ROOM OR ROOMS IN A HOTEL AS A PATRON OR
26 OTHERWISE FOR A PERIOD EXCEEDING THIRTY CONSECUTIVE DAYS.
27 "ROOM." A SPACE IN A HOTEL SET ASIDE FOR USE AND OCCUPANCY
28 BY PATRONS, OR OTHERWISE, FOR CONSIDERATION, HAVING AT LEAST ONE
29 BED OR OTHER SLEEPING ACCOMMODATION IN A ROOM OR GROUP OF ROOMS.
30 "TOURIST PROMOTION AGENCY (TPA)." AN ORGANIZATION, AGENCY OR
19990S1154B2322 - 16 -
1 CORPORATION DESIGNATED TO BE SUCH BY THE BOARD OF COMMISSIONERS
2 AS OF JANUARY 1, 2000, OF THE COUNTY IN WHICH THE TAX IS
3 IMPOSED. THE TPA SHALL BE DULY ESTABLISHED, DESIGNATED AND
4 RECOGNIZED AS THE COUNTY'S TPA IN ACCORDANCE WITH AND PURSUANT
5 TO THE ACT OF APRIL 28, 1961 (P.L.111, NO.50), KNOWN AS THE
6 "TOURIST PROMOTION LAW."
7 "TRANSACTION." THE ACTIVITY INVOLVING THE OBTAINING BY A
8 TRANSIENT OR PATRON OF THE USE OR OCCUPANCY OF A HOTEL ROOM FROM
9 WHICH CONSIDERATION IS PAYABLE TO THE OPERATOR UNDER AN EXPRESS
10 OR AN IMPLIED CONTRACT.
11 "TRANSIENT." AN INDIVIDUAL WHO OBTAINS ACCOMMODATION IN A
12 HOTEL BY MEANS OF REGISTERING AT THE FACILITY FOR THE TEMPORARY
13 OCCUPANCY OF A ROOM FOR THE PERSONAL USE OF THE INDIVIDUAL BY
14 PAYING A FEE TO THE OPERATOR.
15 SECTION 4.1. SECTION 1782.2 OF THE ACT, ADDED DECEMBER 14, <--
16 1967 (P.L.831, NO.357), IS AMENDED TO READ:
17 SECTION 1782.2. DELIVERY OF TAX DUPLICATES.--(A) THE COUNTY
18 COMMISSIONERS SHALL WITHIN THIRTY DAYS AFTER THE ADOPTION OF THE
19 BUDGET MAKE OUT AND DELIVER THE DUPLICATES OF TAXES ASSESSED TO
20 THE RESPECTIVE TAX COLLECTORS TOGETHER WITH THEIR WARRANT FOR
21 THE COLLECTION OF THE SAME.
22 (B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A), THE
23 COUNTY COMMISSIONERS SHALL HAVE THE OPTION TO MAKE OUT AND
24 DELIVER THE DUPLICATES OF TAXES ASSESSED TO THE RESPECTIVE TAX
25 COLLECTORS TOGETHER WITH THEIR WARRANT FOR COLLECTION OF THE
26 SAME NO LATER THAN THE FINAL DATE FOR A SCHOOL DISTRICT TO MAKE
27 OUT AND DELIVER THE DUPLICATES FOR SCHOOL REAL ESTATE TAXES
28 UNDER SECTION 682 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
29 KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949." THE OPTION AUTHORIZED
30 BY THIS SUBSECTION MAY BE EXERCISED ONLY IF THE COUNTY
19990S1154B2322 - 17 -
1 COMMISSIONERS FIND THAT EXERCISE OF THE OPTION WILL RESULT IN
2 COST SAVINGS COMPARED TO PROCEEDING UNDER THE DEADLINE IMPOSED
3 BY SUBSECTION (A) AND THEY ADOPT A RESOLUTION THAT REFERS TO THE
4 FINDING.
5 SECTION 5. SECTION 1801 OF THE ACT, AMENDED JULY 10, 1990
6 (P.L.379, NO.89), IS AMENDED TO READ:
7 Section 1801. Commissioners Sole Contractors for County.--
8 (a) The county commissioners shall contract for and purchase
9 all services referred to in section five hundred eight and
10 personal property for county officers and agencies. All
11 contracts and purchases not in excess of ten thousand dollars
12 ($10,000) shall be by note or memorandum, in writing, signed by
13 the county commissioners, or their [agent] designee. A copy of
14 all such notes and memorandums and all written contracts shall
15 be filed in the office of the controller, if any, and, if not,
16 then with the chief clerk of the commissioners.
17 (b) Written or telephonic price quotations from at least
18 three qualified and responsible contractors shall be requested
19 for all contracts that exceed four thousand dollars ($4,000) but
20 are less than the amount requiring advertisement and competitive
21 bidding or, in lieu of price quotations, a memorandum shall be
22 kept on file showing that fewer than three qualified contractors
23 exist in the market area within which it is practicable to
24 obtain quotations. A written record of telephonic price
25 quotations shall be made and shall contain at least the date of
26 the quotation, the name of the contractor and the contractor's
27 representative, the construction, reconstruction, repair,
28 maintenance or work which was the subject of the quotation and
29 the price. Written price quotations, written records of
30 telephonic price quotations and memoranda shall be retained for
19990S1154B2322 - 18 -
1 a period of three years.
2 (c) The commissioners shall, where possible, anticipate the
3 needs of the various officers, [and] agencies and operations of
4 the county and endeavor to purchase in wholesale quantities,
5 where practicable and where savings could be achieved thereby.
6 The commissioners may make contracts and purchases for all
7 purposes expressly or impliedly authorized by law.
8 Section 2 6. Section 1802 of the act, amended or added <--
9 September 21, 1959 (P.L.921, No.369), October 4, 1978 (P.L.1033,
10 No.232), July 10, 1990 (P.L.379, No.89), November 29, 1990
11 (P.L.571, No.144) and June 18, 1998 (P.L.515, No.72), is amended
12 to read:
13 Section 1802. Contract Procedures; Terms and Bonds;
14 Advertising for Bids.--(a) All contracts for services and
15 personal property where the amount thereof exceeds the sum of
16 ten thousand dollars ($10,000), shall be written and shall,
17 except as otherwise hereinafter specified, be made by
18 advertising for bids.
19 (b) Contracts or purchases in excess of ten thousand dollars
20 ($10,000), except those hereinafter mentioned, and except as
21 provided by the act of October 27, 1979 (P.L.241, No.78),
22 entitled "An act authorizing political subdivisions,
23 municipality authorities and transportation authorities to enter
24 into contracts for the purchase of goods and the sale of real
25 and personal property where no bids are received," shall not be
26 made except with and from the lowest responsible and responsive
27 bidder submitting a bid in conformity with the specifications
28 approved by the board of commissioners for the contract or
29 purchase, after due notice in one newspaper of general
30 circulation, published or circulating in the county, at least
19990S1154B2322 - 19 -
1 [three] TWO times at intervals of not less than three days where <--
2 daily newspapers of general circulation are employed for such
3 publication, or in case weekly newspapers are employed then the
4 notice shall be published once a week for two successive weeks.
5 The first advertisement shall be published not less than ten
6 days prior to the date fixed for the opening of bids. The
7 requirements of this subsection need not be followed in cases of
8 emergency, but in such cases the actual emergency shall be
9 declared and stated by resolution of the commissioners.
10 (c) All bids shall be received by the controller, or if
11 there be no controller, then by the chief clerk of the county
12 commissioners, in sealed envelopes[, and shall be opened in the
13 presence of the controller, or chief clerk as the case may be,
14 by the commissioners and the contract awarded thereon]. Bids
15 shall be opened publicly at a time and place specified in the
16 advertisement for bids, in the presence of the controller, or
17 chief clerk as the case may be, by the commissioners or their
18 designee. The controller, or the chief clerk as the case may be,
19 shall keep a record of all such bids and awards, and the
20 controller shall certify no [voucher] checks for contracts not
21 made agreeably thereto.
22 (d) The amount or price of the contract shall, in all cases
23 whether of straight sale price, conditional sale, [bailment]
24 lease, lease purchase or otherwise, be the entire amount which
25 the county pays to the successful bidder, or his assigns, less
26 the value of personal property transferred from the county to
27 the bidder, or his assigns, at any time during the duration of
28 the contract, in order to obtain the services or property, or
29 both, and shall not be construed to mean only the amount which
30 is paid to acquire title, or to receive any other particular
19990S1154B2322 - 20 -
1 benefit or benefits of the whole bargain. The value of personal
2 property transferred to the bidder or his assigns upon execution
3 of the contract shall be specified in the bid. The method of
4 determining the value of personal property transferred to the
5 bidder or his assigns at a time during the duration of the
6 contract shall be specified in the bid, and shall be determined
7 using generally accepted valuation methods.
8 (e) The acceptance of bids by advertising required herein
9 shall be made by the commissioners and shall only be made by
10 public announcement at the meeting at which bids are opened, or
11 at a subsequent meeting, the time and place of which shall be
12 publicly announced when bids are so opened. If for any reason
13 the award is not made at either of the above meetings, the same
14 business may be transacted at any subsequent meeting, the time
15 and place of which shall have been announced at the previous
16 meeting held for such award. [At such third meeting, the
17 commissioners shall either award the contract or shall reject
18 all bids.] The contract shall be awarded, or all bids shall be
19 rejected, within thirty days of the opening of the bids, except
20 for bids subject to 62 Pa.C.S. (relating to procurement).
21 Thirty-day extensions of the date for the award may be made by
22 the mutual written consent of the commissioners and any bidder
23 who wishes to remain under consideration for award. The
24 commissioners shall excuse from consideration any bidder not
25 wishing to agree to a request for extension of the date for the
26 award and shall release such bidder from any bid bond or similar
27 bid security furnished under subsection (f). All contracts shall
28 be filed with the controller, or with the chief clerk as the
29 case may be, immediately after their execution.
30 (f) [All bids advertised for shall be accompanied by cash,
19990S1154B2322 - 21 -
1 by a certified good faith check or by a cashier's check drawn
2 upon a bank authorized to do business in this Commonwealth, in
3 an amount required by the commissioners but not less than ten
4 per centum of the bid, or by a bond with corporate surety in
5 such amount as the commissioners shall determine, but not less
6 than ten per centum of the amount bid.] The commissioners may
7 require that any bids advertised be accompanied by cash, by a
8 certified check, cashier's check, bank good faith check or other
9 irrevocable letter of credit in a reasonable amount drawn upon a
10 bank authorized to do business in this Commonwealth, or by a
11 bond with corporate surety in a reasonable amount. Whenever it
12 is required that a bid be accompanied by cash, certified check,
13 cashier's check, bank good faith check or other irrevocable
14 letter of credit or bond, no bid shall be considered unless so
15 accompanied. In the event any bidder shall, upon award of the
16 contract to him, fail to comply with the requirements
17 hereinafter stated as to [a bond] security guaranteeing the
18 performance of the contract, the [good faith deposit by cash,
19 certified check, cashier's check or bond] security furnished
20 under this subsection shall be forfeited to the county as
21 liquidated damages.
22 (g) [The] For contracts which involve the furnishing of <--
23 labor and materials such as construction contracts, the
24 successful bidder, when [advertising] a formal bid is required
25 herein, [shall] may be required to furnish a bond or irrevocable
26 letter of credit or other security in an amount sufficient to
27 the commissioners guaranteeing performance of the contract[,
28 with sufficient surety in the amount of fifty per centum of the
29 amount of the contract] within thirty days after the contract
30 has been awarded, unless the commissioners shall prescribe a
19990S1154B2322 - 22 -
1 shorter period. THE SUCCESSFUL BIDDER FOR A CONTRACT WHICH <--
2 INVOLVES THE CONSTRUCTION, ERECTION, INSTALLATION, COMPLETION,
3 ALTERATION, REPAIR OF OR ADDITION TO ANY PUBLIC WORK OR
4 IMPROVEMENT OF ANY KIND SHALL FURNISH SECURITY AS PROVIDED IN
5 SECTION 2318 OF THIS ACT. Performance security for services and
6 contracts for labor and materials delivered on a periodic basis,
7 including, but not limited to, food service contracts, home
8 health services and janitorial services and supplies, may be
9 computed on the expected average value for one or more months,
10 at the discretion of the commissioners. Upon failure to furnish
11 such [bond] security within the time fixed, the previous awards
12 shall be void. [The above mandatory provisions of this
13 subsection shall not apply to contracts for the purchase of
14 motor vehicles or other pieces of equipment but shall apply only
15 to contracts which involve the furnishing of labor and
16 materials.] Deliveries, performances and guarantees may be
17 required in all cases of expenditures, including the exceptions
18 herein.
19 (h) The contracts or purchases made by the commissioners
20 which shall not require advertising, bidding or price
21 quotations, as hereinbefore provided, are as follows:
22 (1) Those for maintenance, repairs or replacements for
23 water, electric light, or other public works of the county where
24 they do not constitute new additions, extensions or enlargements
25 of existing facilities and equipment. [A bond] Security may be
26 required by the commissioners as in other cases for work done.
27 (2) Those made for improvements, repairs and maintenance of
28 any kind, made or provided by the county through its own
29 employes. This shall not apply to construction materials used in
30 a street improvement.
19990S1154B2322 - 23 -
1 (3) Those where particular types, models or pieces of new
2 equipment, articles, apparatus, appliances, vehicles or parts
3 thereof, are desired by the commissioners, which are patented
4 and manufactured or copyrighted products.
5 (4) Those involving any policies of insurance or surety
6 company bonds, those made for public utility service, whether or <--
7 not [under tariffs on file with the Pennsylvania Public Utility <--
8 Commission] AND ELECTRICITY, NATURAL GAS OR TELECOMMUNICATION <--
9 SERVICES, provided that, in the case of utilities not under
10 tariff with the Pennsylvania Public Utility Commission,
11 contracts made without advertising and bidding shall be made
12 only after receiving written or telephonic price quotations in
13 accordance with the procedures specified in section 1801(b) of
14 this article.
15 (5) Those involving services of members of the medical or
16 legal profession, registered architects, engineers, certified
17 public accountants or other personal services involving
18 professional [expert advice] expertise.
19 (6) Those involving contracts entered into by nonprofit
20 cooperative hospital service associations for hospitals and
21 nursing homes which are part of the institutional district or
22 which are owned by the county, operated by the county or
23 affiliated with the county by the purchasing of, or
24 participating in contracts for, materials, supplies and
25 equipment.
26 (7) Those made with any public body, including, but not
27 limited to, the sale, lease or loan of any supplies or materials
28 to the county by a public body, provided that the price thereof
29 shall not be in excess of that fixed by the public body. The
30 requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to
19990S1154B2322 - 24 -
1 intergovernmental cooperation) shall not apply when a county
2 purchases cooperatively with another public body which has
3 entered into a contract for supplies or materials. As used in
4 this paragraph, "public body" shall mean any of the following:
5 (i) the Federal Government;
6 (ii) the Commonwealth of Pennsylvania;
7 (iii) any other state;
8 (iv) a political subdivision, local or municipal authority
9 or other similar local entity of the Commonwealth or any other
10 state; or
11 (v) an agency of the Federal Government, the Commonwealth or
12 any other state.
13 (8) Those exclusively involving construction management
14 services.
15 (9) Those involving computer software.
16 (i) [Every contract for the construction, reconstruction,
17 alteration repair, improvement or maintenance of public works
18 shall comply with the provisions of the act of March 3, 1978
19 (P.L.6, No.3), known as the "Steel Products Procurement Act."]
20 Notwithstanding the provisions of this article to the contrary,
21 the county commissioners shall have authority to enter into
22 contracts for equipment and services related to technology and
23 information systems on the basis of best value procurement.
24 Contracts under best value procurement shall be made only after
25 the county has solicited proposals based on performance and
26 outcome specifications developed by the county and describing,
27 at minimum, the objectives to be met by the system, the tasks to
28 be performed by the system, the users of the system, system
29 security issues, the time frame for system implementation,
30 potential operating technologies, compatibility with existing
19990S1154B2322 - 25 -
1 systems, training and maintenance, and shall indicate the
2 process by which the contract shall be awarded. Best value
3 procurement shall not require a sealed bid process, and shall
4 permit the commissioners to negotiate the terms of the agreement
5 with any responsive and responsible vendor.
6 (j) Every contract subject to this article shall comply, as
7 applicable, with the provisions of the act of March 3, 1978
8 (P.L.6, No.3), known as the "Steel Products Procurement Act,"
9 the act of October 28, 1983 (P.L.176, No.45), known as the
10 "Antibid-Rigging Act," the act of December 20, 1967 (P.L.869,
11 No.385), known as the "Public Works Contractors' Bond Law," the
12 act of August 15, 1961 (P.L.987, No.442), known as the
13 "Pennsylvania Prevailing Wage Act," the act of November 26, 1978
14 (P.L.1309, No.317), known as the "Award and Execution of Public
15 Contract Law," the act of February 17, 1994 (P.L.73, No.7),
16 known as the "Contractor and Subcontractor Payment Act," the act
17 of January 23, 1974 (P.L.9, No.4), referred to as the Public
18 Contract Bid Withdrawal Act, and the act of April 4, 1984
19 (P.L.193, No.40), known as the "Motor Vehicle Procurement Act."
20 Section 3 7. Section 1805 of the act, amended July 31, 1963 <--
21 (P.L.372, No.200), is amended to read:
22 Section 1805. Sales of Personal Property and Surplus Farm
23 Products.--(a) No personal property of the county and no
24 surplus farm products of counties of the fourth, fifth, sixth,
25 seventh or eighth classes shall be disposed of by sale or
26 otherwise, except upon resolution of the commissioners. When the
27 commissioners approve a sale of such property or in counties of
28 the fourth, fifth, sixth, seventh or eighth classes of farm
29 products, they shall estimate the sale value of the entire lot
30 to be disposed of, and, if the estimate be less than [two
19990S1154B2322 - 26 -
1 hundred dollars ($200)] one thousand dollars ($1,000), they
2 shall require notice of the proposed sale to be posted, for at
3 least ten days, in a prominent place in the court house,
4 describing and itemizing the property to be sold, and directing
5 that bids may be made thereon at the office of the chief clerk
6 of the commissioners. Thereafter, the commissioners may sell
7 such property in whole or in part for the best price or prices
8 obtainable.
9 (b) If the commissioners estimate the sale value of the
10 personal property or of such surplus farm products to be sold at
11 [two hundred dollars ($200)] one thousand dollars ($1,000) or
12 more, the entire lot shall be advertised for sale, once, in at
13 least one newspaper of general circulation in the county, and
14 sale of the property so advertised shall be made to the highest
15 and best bidder. The bids shall not be opened until at least ten
16 days after the said advertisement. The commissioners may sell
17 any such property at auction, but the provisions as to notice
18 contained in this section shall be likewise observed as to the
19 holding of auction sales. The provisions of this section shall
20 not be mandatory where county property is to be traded-in or
21 exchanged for new personal property. The provisions of this
22 section shall not apply to sale of personal property with real
23 property as a single unit pursuant to section 2306.1.
24 Section 4 8. Section 1806 of the act is amended to read: <--
25 Section 1806. County Officers Not to Be Interested in
26 Contracts.--[No elected or appointed county officer shall be in
27 any wise, either directly or indirectly, personally interested
28 in any contract to which the county is a party, or in the
29 construction of any public work or improvement made or
30 undertaken under the authority of the county commissioners, or
19990S1154B2322 - 27 -
1 receive any reward or gratuity from any person so interested. No
2 such officer shall purchase directly or indirectly any property
3 sold at a tax or municipal claim sale.
4 Any person violating the provisions of this section shall be
5 guilty of a misdemeanor, and, upon conviction, shall be
6 sentenced to pay a fine not exceeding five hundred dollars
7 ($500) and may, by decree of the court, be removed from office.]
8 Restrictions on the involvement of elected and appointed county
9 officers in any county contract shall be as proscribed in the <--
10 act of October 4, 1978 (P.L.883, No.170), referred to as the
11 Public Official and Employee Ethics Law. 65 PA.C.S. CH. 11 <--
12 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE).
13 SECTION 8.1. SECTION 2301 OF THE ACT, AMENDED JULY 31, 1963 <--
14 (P.L.372, NO.200), IS AMENDED TO READ:
15 SECTION 2301. TITLE TO REAL ESTATE VESTED IN COUNTY.--THE
16 TITLE TO ALL COURT HOUSES, JAILS, PRISONS AND WORKHOUSES,
17 TOGETHER WITH THE LOTS OF LAND THEREUNTO BELONGING OR
18 APPERTAINING, AND ALL OTHER REAL PROPERTY ACQUIRED OR THAT MAY
19 HEREAFTER BE ACQUIRED BY OR FOR THE USE OF THE COUNTY, SHALL BE
20 VESTED IN THE COUNTY FOR THE USE OF THE PEOPLE THEREOF AND FOR
21 NO OTHER USE EXCEPT AS HEREINAFTER PROVIDED. [IN COUNTIES OF THE
22 FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH CLASSES, THIS SECTION
23 SHALL APPLY TO LANDS AND BUILDINGS FOR THE CARE OF DEPENDENTS
24 AND FARMS.]
25 SECTION 8.2. SECTION 2301.1 OF THE ACT, AMENDED JUNE 1, 1972 <--
26 (P.L.328, NO.90), IS AMENDED TO READ:
27 SECTION 2301.1. DAYS AND HOURS OF COURT HOUSE AND OFFICES.--
28 THE COUNTY COMMISSIONERS SHALL DETERMINE WHEN THE COUNTY COURT
29 HOUSE AND ALL COUNTY OFFICES LOCATED ELSEWHERE SHALL BE OPEN[,
30 EXCEPT THAT VOTERS' REGISTRATION OFFICES SHALL BE OPEN DURING
19990S1154B2322 - 28 -
1 ORDINARY BUSINESS HOURS ON THE TWO SATURDAYS PRIOR TO
2 TERMINATION OF REGISTRATION PERIOD TO THE PRIMARY AND GENERAL
3 AND MUNICIPAL ELECTIONS].
4 Section 5 9. Section 2303 of the act, amended September 19, <--
5 1961 (P.L.1495, No.638), is amended to read:
6 Section 2303. Insuring Buildings and Contents.--The county
7 commissioners may provide insurance against fire and extended
8 coverage, against public liability and such other forms of
9 insurance, including insurance against burglary, as shall seem
10 proper to them for county lands, buildings and farms and the
11 contents, real and personal, thereof. [The cost of such
12 insurance shall be paid from the general funds of the county.]
13 Section 6 10. Section 2304 of the act is amended to read: <--
14 Section 2304. Credit of County Available for Grounds and
15 Buildings.--In the acquisition, construction or alteration, as
16 the case may be, of land and buildings for county purposes, the
17 commissioners may issue bonds of the county[, in accordance with
18 the Municipal Borrowing Law,] to meet the costs thereof, except
19 as any other system of financing shall be expressly provided by
20 law for any particular county buildings.
21 Section 7 11. Section 2305 of the act, amended July 31, 1963 <--
22 (P.L.372, No.200) and April 29, 1982 (P.L.359, No.100), is
23 amended to read:
24 Section 2305. Acquiring and Using Real Property;
25 Exceptions.--(a) The county commissioners may purchase for not
26 more than the fair market value, take by gift, devise or by the
27 power of eminent domain, in accordance with the provisions of
28 this act, such real property at the county seat or in such other
29 places[, as may be authorized by law,] as they deem necessary
30 for the purposes of a county courthouse, county jail, prison,
19990S1154B2322 - 29 -
1 workhouse, detention house or other county building, [and in
2 counties of the fourth, fifth, sixth, seventh and eighth
3 classes, lands and buildings for the care of dependents and
4 farms, either in acquisition of a building suitable for such
5 purposes, or in the construction of a new building,] or in the
6 alteration, including enlargement, of an existing county
7 building. The fair market value of real property in the case of
8 a purchase valued in excess of ten thousand dollars ($10,000)
9 shall be determined by the county commissioners in consultation
10 with [the county assessor and two licensed real estate brokers]
11 two of the following: the county assessor, licensed real estate
12 brokers, or licensed real estate appraisers doing business
13 within the county. [Any acquisition of lands and buildings for
14 the care of dependents and farms shall be subject to approval of
15 the Department of Public Welfare as to suitability.]
16 (b) The county commissioners may also use any real property
17 at the county seat or elsewhere, as authorized by law, owned by
18 the county, and deemed suitable by them for the purposes
19 aforesaid, except such property as is bound by contract to
20 another public use.
21 (c) The county commissioners may provide for the grading,
22 filling, draining, gardening and otherwise improving and
23 maintaining of all lands for county buildings, [and of lands and
24 buildings in counties of the fourth, fifth, sixth, seventh and
25 eighth classes for the care of dependents and farms,] either by
26 contract or by county employes, as they deem proper.
27 (d) To the extent that any of the matters provided for
28 herein are otherwise specifically provided for by law, with
29 regard to any particular acquisitions of real property by
30 counties, either by tax sales or by other purchases, this
19990S1154B2322 - 30 -
1 section shall not apply to such matters.
2 Section 8 12. Section 2306 of the act, amended November 23, <--
3 1994 (P.L.640, No.98), is amended to read:
4 Section 2306. Authority to Sell or Lease Real Property.--(a)
5 The board of commissioners may sell for not less than the fair
6 market value or lease, either as lessor or lessee, any real
7 property belonging to the county or to others where the county
8 is lessee. If the commissioners know or have reason to believe
9 that the property to be sold contains oil, gas, coal, stone,
10 timber or other mineral or forest products of commercial value,
11 such knowledge or belief shall be advertised together with the
12 description of the land in at least two newspapers, in said
13 county, of general circulation, once a week for three
14 consecutive weeks. The fair market value of real property in the
15 case of a sale valued in excess of ten thousand dollars
16 ($10,000) shall be determined by the county commissioners in
17 consultation with [the county assessor and two licensed real
18 estate brokers] two of the following: the county assessor,
19 licensed real estate brokers, or licensed real estate appraisers
20 doing business within the county. In the case of any lease of
21 county property hereunder, such property, with any and all
22 improvements or additions thereon or thereto, shall, in the
23 hands of the lessee, be subject to taxation by such county and
24 any other political subdivision therein, in the same manner as
25 other real estate located in the county. Such taxes shall be
26 levied and assessed against and paid by the lessee. This section
27 shall not apply to leases or sales of county property or other
28 property which are otherwise specifically provided for by law.
29 (b) The provisions of subsection (a) shall not be mandatory
30 where county real property is to be sold to any of the
19990S1154B2322 - 31 -
1 following:
2 (1) A city, borough, town, township, institution district,
3 school district, volunteer fire company, volunteer ambulance
4 service or volunteer rescue squad located within the county.
5 (2) A municipal authority pursuant to the act of May 2, 1945
6 (P.L.382, No.164), known as the "Municipality Authorities Act of
7 1945."
8 (3) A nonprofit corporation engaged in community industrial <--
9 development for its exclusive use for industrial development.
10 (3) A NONPROFIT CORPORATION OR LIMITED PARTNERSHIP IN WHICH <--
11 A NONPROFIT CORPORATION IS A GENERAL PARTNER AND MANAGING AGENT
12 ENGAGED IN COMMUNITY INDUSTRIAL, COMMERCIAL OR AFFORDABLE
13 HOUSING DEVELOPMENT OR REUSE FOR ITS EXCLUSIVE USE FOR
14 INDUSTRIAL, COMMERCIAL OR AFFORDABLE HOUSING DEVELOPMENT. THIS
15 EXEMPTION SHALL NOT APPLY TO PROPERTY OWNED AND OPERATED BY A
16 COUNTY OR SUBCONTRACTED OR OPERATED ON THE BEHALF OF A COUNTY IN
17 ORDER TO CONDUCT EXISTING GOVERNMENT FUNCTIONS.
18 (4) A person for his exclusive use in an industrial
19 development program.
20 (5) A nonprofit corporation organized as a public library
21 for its exclusive use as a library.
22 (6) A nonprofit medical service corporation for its
23 exclusive use as a site for a medical service facility.
24 (7) A nonprofit housing corporation for its exclusive use
25 for housing for the elderly or for low-income housing.
26 (8) The Federal Government.
27 (9) The Commonwealth.
28 When the real property is to be sold or leased to a qualified
29 entity under this subsection, the board of commissioners may
30 elect to accept such nominal consideration for such sale as it
19990S1154B2322 - 32 -
1 shall deem appropriate. Real property sold pursuant to this
2 subsection to any entity under this subsection, other than a
3 city, borough, town, township, institution district, school
4 district, municipal authority pursuant to the "Municipality
5 Authorities Act of 1945," located within the county, the Federal
6 Government or the Commonwealth shall be subject to the condition
7 that when the property is not used for the purposes of the
8 entity the property shall revert to the county.
9 Section 9 13. Section 2311 of the act, amended April 29, <--
10 1982 (P.L.359, No.100), is amended to read:
11 Section 2311. Disposing of County Property for Other Uses;
12 Demolition[; Court Approvals].--Whenever any new county building
13 is constructed to replace a county building no longer suitable
14 for the purposes of its use, or whenever the county has or
15 acquires, incident to purchase at tax sale or to any other
16 acquisition of land authorized by law, any building, title and
17 interest to which is in the county, and any such replaced or
18 acquired building is deemed no longer suitable or not suitable
19 for use as a county building or for use as an auxiliary to any
20 county building, the county commissioners may devote said
21 replaced or acquired building to such other public use or
22 purpose as shall be found suitable and proper, including a war
23 memorial. They may convey all or a part of the title and
24 interest of the county in such building, with or without the
25 land or a part of the land upon which it is situate, either by
26 sale or by gift, to any public or charitable institutions or to
27 any political subdivisions singly, in common, or jointly, within
28 the county.
29 The county commissioners may remove any such building from
30 one location to another within the county, for the purpose of
19990S1154B2322 - 33 -
1 enabling its use as a county building by virtue of its
2 relocation. The commissioners may cause any such building to be
3 demolished and removed from land of the county, if of no use to
4 the county.
5 Section 10 14. Section 2316 of the act is amended to read: <--
6 Section 2316. Right to Build on Public Squares.--Whenever
7 the court house, jail or other building of the county is located
8 upon a public square or common in the city, borough or town then
9 being the county seat, and a new building is authorized and
10 required to be erected, in place of such court house, jail or
11 other building, the board of county commissioners may erect such
12 new building upon any other of the public squares or commons of
13 said city, borough or town, or upon any part thereof[, if the
14 council of the city, borough or town shall have first consented
15 to such new location for said building].
16 Section 11 15. Section 2318 of the act, amended August 25, <--
17 1967 (P.L.279, No.114) is amended to read:
18 [Section 2318. Additional [Bond] Security to Protect Labor <--
19 and Materialmen on Contracts.--(a) It shall be the duty of
20 every county to require any person, copartnership, association
21 or corporation entering into contract with such county for the
22 construction, erection, installation, completion, alteration,
23 repair of or addition to any public work or improvement of any
24 kind, whatsoever, where the amount of such contract is in excess
25 of [one thousand five hundred dollars ($1500)] ten thousand <--
26 dollars ($10,000), before commencing work under such contract,
27 to execute and deliver to such county, in addition to any other
28 [bond] security which may, now or hereafter, be required by law <--
29 to be given in connection with such contract, an additional
30 [bond] security for the use of any and every person, <--
19990S1154B2322 - 34 -
1 copartnership, association or corporation interested, in a sum
2 not less than fifty per centum and not more than one hundred per
3 centum of the contract price, as such county may prescribe.
4 [Such bond shall have as surety thereon one or more surety <--
5 companies legally authorized to do business in this
6 Commonwealth, and shall be conditioned for the prompt payment
7 for all material furnished and labor supplied or performed in
8 the prosecution of the work, whether or not the said material or
9 labor enter into and become component parts of the work or
10 improvement contemplated.] <--
11 (b) Such additional [bond] security shall be deposited with <--
12 and held by the county for the use of any party interested
13 therein.
14 (c) Every such additional [bond] security shall provide that <--
15 every person, copartnership, association or corporation who,
16 whether as subcontractor or otherwise, has furnished material or
17 supplied or performed labor in the prosecution of the work, as
18 above provided, and who had not been paid therefor, may sue in
19 assumpsit on said additional [bond] security, in the name of the <--
20 county, for his, their or its use, and prosecute the same to
21 final judgment for such sum or sums as may be justly due him,
22 them or it, and have execution thereon, but the county shall not
23 be liable for the payment of any costs or expense of any suit.
24 (d) Any contract executed in violation of the provisions of
25 this section shall be null and void.] <--
26 SECTION 2318. CONTRACT PERFORMANCE SECURITY AND PAYMENT <--
27 BONDS.--(A) UNLESS COVERED UNDER THE BONDING REQUIREMENTS OF
28 THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE
29 "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967," FOR CONSTRUCTION
30 CONTRACTS AWARDED FOR AMOUNTS BETWEEN TWENTY-FIVE THOUSAND
19990S1154B2322 - 35 -
1 DOLLARS ($25,000) AND ONE HUNDRED THOUSAND DOLLARS ($100,000),
2 THE SUCCESSFUL BIDDER SHALL FURNISH A BOND GUARANTEEING
3 PERFORMANCE OF THE CONTRACT, IN AN AMOUNT AS DETERMINED BY THE
4 COMMISSIONERS AT THE TIME OF ADVERTISING FOR BIDS WHICH SHALL BE
5 NOT LESS THAN TEN PER CENTUM NOR MORE THAN ONE HUNDRED PER
6 CENTUM OF THE AMOUNT OF THE CONTRACT, WITHIN THIRTY DAYS AFTER
7 THE CONTRACT IS AWARDED. WHEN A CONSTRUCTION CONTRACT IS AWARDED
8 IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS ($100,000), THE
9 FOLLOWING BONDS SHALL BE DELIVERED TO THE COUNTY AND SHALL BE
10 BINDING ON THE PARTIES UPON THE EXECUTION OF THE CONTRACT:
11 (1) A PERFORMANCE BOND, EXECUTED BY A SURETY COMPANY
12 AUTHORIZED TO DO BUSINESS IN THIS COMMONWEALTH AND MADE PAYABLE
13 TO THE COUNTY, IN AN AMOUNT AS DETERMINED BY THE COMMISSIONERS
14 AT THE TIME OF ADVERTISING FOR BIDS WHICH SHALL BE NOT LESS THAN
15 FIFTY PER CENTUM NOR MORE THAN ONE HUNDRED PER CENTUM OF THE
16 PRICE SPECIFIED IN THE CONTRACT AND CONDITIONED UPON THE
17 FAITHFUL PERFORMANCE OF THE CONTRACT IN ACCORDANCE WITH THE
18 PLANS, SPECIFICATIONS AND CONDITIONS OF THE CONTRACT.
19 (2) A PAYMENT BOND, EXECUTED BY A SURETY COMPANY AUTHORIZED
20 TO DO BUSINESS IN THIS COMMONWEALTH AND MADE PAYABLE TO THE
21 COUNTY, IN AN AMOUNT EQUAL TO ONE HUNDRED PER CENTUM OF THE
22 PRICE SPECIFIED IN THE CONTRACT AND CONDITIONED UPON THE PROMPT
23 PAYMENT FOR ALL MATERIALS FURNISHED OR LABOR SUPPLIED OR
24 PERFORMED IN THE PROSECUTION OF THE WORK. LABOR OR MATERIALS
25 INCLUDE PUBLIC UTILITY SERVICES AND REASONABLE RENTALS OF
26 EQUIPMENT FOR THE PERIODS WHEN THE EQUIPMENT IS ACTUALLY USED AT
27 THE SITE.
28 (B) A PERFORMANCE BOND SHALL BE SOLELY FOR THE PROTECTION OF
29 THE COUNTY. A PAYMENT BOND SHALL BE SOLELY FOR THE PROTECTION OF
30 CLAIMANTS SUPPLYING LABOR OR MATERIALS TO THE PRIME CONTRACTOR
19990S1154B2322 - 36 -
1 TO WHOM THE CONTRACT WAS AWARDED OR TO ANY OF ITS SUBCONTRACTORS
2 IN THE PROSECUTION OF THE WORK PROVIDED FOR IN THE CONTRACT,
3 WHETHER OR NOT THE LABOR OR MATERIALS CONSTITUTE A COMPONENT
4 PART OF THE CONSTRUCTION.
5 (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
6 AUTHORITY OF THE COMMISSIONERS TO REQUIRE A PERFORMANCE BOND,
7 PAYMENT BOND OR OTHER SECURITY IN ADDITION TO THOSE BONDS OR IN
8 CIRCUMSTANCES OTHER THAN SPECIFIED IN SUBSECTION (A).
9 (D) ACTIONS ON PAYMENT BONDS SHALL BE PURSUANT TO THE
10 FOLLOWING:
11 (1) SUBJECT TO CLAUSE (2) ANY CLAIMANT WHO HAS PERFORMED
12 LABOR OR FURNISHED MATERIAL IN THE PROSECUTION OF THE WORK
13 PROVIDED FOR IN ANY CONTRACT FOR WHICH A PAYMENT BOND HAS BEEN
14 GIVEN UNDER SUBSECTION (A) AND WHO HAS NOT BEEN PAID IN FULL
15 BEFORE THE EXPIRATION OF NINETY DAYS AFTER THE DAY ON WHICH THE
16 CLAIMANT PERFORMED THE LAST OF THE LABOR OR FURNISHED THE LAST
17 OF THE MATERIALS FOR WHICH IT CLAIMS PAYMENTS MAY BRING AN
18 ACTION ON THE PAYMENT BOND IN ITS OWN NAME, IN ASSUMPSIT, TO
19 RECOVER ANY AMOUNT DUE IT FOR THE LABOR OR MATERIAL AND MAY
20 PROSECUTE THE ACTION TO FINAL JUDGMENT AND HAVE EXECUTION ON THE
21 JUDGMENT.
22 (2) ANY CLAIMANT WHO HAS A DIRECT CONTRACTUAL RELATIONSHIP
23 WITH ANY SUBCONTRACTOR OF THE PRIME CONTRACTOR WHO GAVE THE
24 PAYMENT BOND BUT HAS NO CONTRACTUAL RELATIONSHIP, EXPRESS OR
25 IMPLIED, WITH THE PRIME CONTRACTOR MAY BRING AN ACTION ON THE
26 PAYMENT BOND ONLY IF IT HAS GIVEN WRITTEN NOTICE TO THE
27 CONTRACTOR WITHIN NINETY DAYS FROM THE DATE ON WHICH THE
28 CLAIMANT PERFORMED THE LAST OF THE LABOR OR FURNISHED THE LAST
29 OF THE MATERIALS FOR WHICH IT CLAIMS PAYMENT, STATING WITH
30 SUBSTANTIAL ACCURACY THE AMOUNT AND THE NAME OF THE PERSON FOR
19990S1154B2322 - 37 -
1 WHOM THE WORK WAS PERFORMED OR TO WHOM THE MATERIAL WAS
2 FURNISHED.
3 (3) NOTICE SHALL BE SERVED BY REGISTERED MAIL IN AN ENVELOPE
4 ADDRESSED TO THE CONTRACTOR AT ANY PLACE WHERE ITS OFFICE IS
5 REGULARLY MAINTAINED FOR THE TRANSACTION OF BUSINESS OR SERVED
6 IN ANY MANNER IN WHICH LEGAL PROCESS MAY BE SERVED IN THE MANNER
7 PROVIDED BY LAW FOR THE SERVICE OF A SUMMONS EXCEPT THAT THE
8 SERVICE NEED NOT BE MADE BY A PUBLIC OFFICER.
9 (E) THE DOLLAR THRESHOLDS SET FORTH IN SUBSECTION (A) SHALL
10 BE ADJUSTED ANNUALLY TO REFLECT THE ANNUAL PERCENTAGE CHANGE IN
11 THE COMPOSITE CONSTRUCTION COST INDEX OF THE UNITED STATES
12 DEPARTMENT OF COMMERCE OCCURRING IN THE ONE-YEAR PERIOD ENDING
13 ON DECEMBER 31 OF EACH YEAR.
14 Section 12 16. Sections 2319 and 2320 of the act are amended <--
15 to read:
16 Section 2319. Compliance with [Workmen's] Workers'
17 Compensation Law.--(a) All contracts executed by the board of
18 commissioners, which shall involve the construction or doing of
19 any work involving the employment of labor, shall contain a
20 provision that the contractor shall accept, in so far as the
21 work covered by any such contract is concerned, the provisions
22 of the [Workmen's] Workers' Compensation Act and any
23 reenactments, supplements or amendments thereto, and that the
24 said contract will insure his liability thereunder or file with
25 the board of commissioners a certificate of exemption from
26 insurance from the Department of Labor and Industry of the
27 Commonwealth.
28 (b) The board of commissioners, before signing on behalf of
29 the county any contract requiring in its performance the
30 employment of labor, shall require proof that the said
19990S1154B2322 - 38 -
1 contractor with whom the contract is made shall have accepted
2 the [Workmen's] Workers' Compensation Act and any reenactments,
3 supplements or amendments thereto, and proof that the said
4 contractor has insured his liability thereunder in accordance
5 with the terms of said act or that the contractor has had issued
6 to him a certificate of exemption from insurance from the
7 Department of Labor and Industry.
8 (c) Any contract executed in violation of the provisions of
9 this section shall be null and void.
10 [Section 2320. Restrictions on Letting Contracts to
11 Architects and Engineers.--It shall be unlawful for any
12 architect or engineer in the employ of any county to bid on any
13 public work of such county.
14 It shall also be unlawful for the officers of any county
15 charged with the duty of letting any public work to award a
16 contract to any such architect or engineer in the employ of the
17 county.
18 Any person or persons violating these provisions, or any of
19 them, shall be guilty of a misdemeanor, and, on conviction
20 thereof, shall forfeit his office, and be sentenced to pay a
21 fine not exceeding five hundred dollars ($500) or to undergo
22 imprisonment of not less than six months, or both. Any contract
23 made in violation of this section shall be null and void.]
24 Section 13 17. Section 2328 of the act, amended September <--
25 19, 1961 (P.L.1476, No.625) is amended to read:
26 [Section 2328. Special Provisions Relating to County Jails,
27 Prisons, Workhouses and Detention Houses.--Except as may be
28 otherwise provided by law for each county jail, prison,
29 workhouse or detention house, the county commissioners shall
30 appoint a superintendent and a matron and such other officers,
19990S1154B2322 - 39 -
1 as they may deem necessary, whose duties shall be prescribed by
2 the regulations for such institutions and whose salaries shall
3 be fixed by the salary board.
4 Every such institution which shall be hereafter erected or
5 remodeled shall be so constructed as to reflect the declared
6 objectives and policies of the county with respect to the
7 number, type, length of stay, and program requirements of
8 prisoners to be housed therein. Plans for the construction or
9 remodeling of any county penal facility shall be submitted by
10 the County Commissioners to the Department of Justice for its
11 review and approval.
12 Commitments to every such institution shall be made as
13 provided by law].
14 Section 14 18. Section 2329 of the act is amended to read: <--
15 Section 2329. Disorderly Conduct in and About Court Houses
16 and Jails Prohibited.--It is unlawful for any person to cause
17 any outcry or disorder, or be guilty of any indecent or
18 unbecoming conduct tending to disturb the peace and good order
19 in the county court house, jail, or other county buildings, or
20 to willfully or carelessly defile, deface or injure the floors,
21 walls or any other portion of said buildings, or fences, or
22 railings surrounding the same, or the carpets, furniture, or
23 other articles or things used in or about said buildings,
24 belonging to the county. Any person violating any of the
25 provisions of this section commits a summary offense and shall
26 make restitution for damages arising therefrom[, and shall, upon
27 summary conviction thereof, be sentenced to pay a fine not
28 exceeding fifty dollars ($50). In case such person shall neglect
29 or refuse to pay the same, he or she shall suffer an
30 imprisonment not exceeding thirty days].
19990S1154B2322 - 40 -
1 Section 15 19. Section 2339 of the act, amended January 24, <--
2 1956 (P.L.929, No.286), is amended to read:
3 Section 2339. Furnishing Rooms for Meetings of Veterans of
4 Certain Wars and Other Organizations.--The Board of
5 Commissioners may, in their discretion, upon application
6 therefor, furnish to each organization composed of [veterans of
7 the Civil War, Veterans of the Spanish-American War, veterans of
8 the War with Germany and Austria,] veterans of any foreign war,
9 sons of veterans and to ladies' auxiliaries of each such
10 organization and to the American Gold Star Mothers, Inc., a
11 room or rooms in any public building of such county, sufficient
12 for the meeting of each of such organizations at least once each
13 month.
14 Section 16 20. Sections 2345 and 2350 of the act are amended <--
15 to read:
16 Section 2345. Joining with [City] Municipalities in
17 Improving Certain Streets and Highways.--(a) The board of
18 commissioners of counties now erecting or which may hereafter
19 erect public buildings in any [city] municipality may[, with the
20 approval of the court or courts of common pleas if there is more
21 than one,] join with the proper authorities of such [city]
22 municipality in the grading, regrading, paving, repaving and
23 improvement of so much of the streets and highways as are in,
24 upon or alongside of the grounds upon which said public
25 buildings stand.
26 (b) The commissioners may enter into contract with any such
27 [city authorities] municipalities for the payment of a just
28 proportion of the expense of said grading, regrading, paving,
29 repaving and improvement of said streets and highways, and may
30 appropriate from the county treasury sufficient funds for this
19990S1154B2322 - 41 -
1 purpose. They may act with any committee or committees which may
2 be appointed by such [city authorities] municipalities to
3 establish grades, determine the kind and quality of paving
4 materials to be used, and ratify the contracts entered into by
5 said [city authorities] municipalities in the course of said
6 improvements.
7 (c) No obligation shall rest upon the county for any
8 proportion of the expenses of such improvements until the
9 selection of grades and paving materials and the acceptance of
10 bids by said [city authorities] municipalities shall have been
11 ratified by the board of commissioners [and approved by the
12 court or courts of common pleas].
13 Section 2350. Appropriations for Comfort Stations.--(a) The
14 board of county commissioners may appropriate moneys to assist
15 any [city or borough, being the county seat, or borough therein
16 having a population of ten thousand or more inhabitants,]
17 municipality to construct and maintain comfort stations within
18 the boundaries of the county.
19 (b) The county commissioners, in cooperation with the
20 municipal authorities of the municipality wherein the court
21 house lies, may provide, and equip and maintain in the court
22 house rest or waiting rooms for the public, and provide
23 attendants therefor. The cost of providing such rooms and of
24 maintaining the same, including salaries, and all incidental
25 expenses, shall be paid by the county and by the municipality,
26 as they shall agree, for all which purposes the county
27 commissioners and said authorities may, respectively,
28 appropriate moneys.
29 (c) Any part of any ground acquired by any county for the
30 purposes of a court house, jail or workhouse may be leased by
19990S1154B2322 - 42 -
1 such county to any municipality being the county seat of such
2 county, for the purpose of the construction thereon of a public
3 comfort station by such municipality.
4 Section 17 21. Section 2355 of the act, amended January 31, <--
5 1956 (P.L.975, No.302), is amended to read:
6 Section 2355. Monuments and Memorials to War Veterans.--The
7 board of commissioners may appropriate money for, and provide
8 for, the erection of monuments or memorials, commemorating the
9 services of any person who has served in the armed forces of the
10 United States or in any women's organization officially
11 connected therewith during any part of any war in which the
12 United States has been or may hereafter be engaged. [The style
13 and character of such monuments or memorials shall be approved
14 by the State Art Commission.]
15 Section 18 22. Section 2356 of the act is amended to read: <--
16 Section 2356. Assistance to Private or Municipal Agencies.--
17 The board of commissioners may, in order to prevent duplication,
18 appropriate money to assist any individual, private corporation,
19 city, borough, town or township, in the erection of any monument
20 or memorial for said soldiers, sailors and marines. [Before any
21 such appropriation is made, the style and character of such
22 monument or memorial shall be approved by the State Art
23 Commission.]
24 Section 19 23. Section 2362 of the act, amended June 19, <--
25 1961 (P.L.465, No.233) and June 6, 1963 (P.L.90, No.63), is
26 amended to read:
27 Section 2362. Plan of Hall; Special Rooms to be Provided.--
28 (a) Such memorial hall shall be in honor of the soldiers,
29 sailors and marines from said county, who served in the Army and
30 Navy of the United States in any war in which the United States
19990S1154B2322 - 43 -
1 has been or may hereafter be engaged. Such memorial halls shall
2 each contain one large assembly room, or auditorium for public
3 meetings of the soldiers, sailors and marines of such county,
4 which may be used also for other public meetings and patriotic
5 gatherings by the consent of the board of control herein
6 provided for.
7 (b) Such memorial hall shall also contain rooms for meetings
8 of [Posts of the Grand Army of the Republic, encampments of the
9 Union Veterans Legion, commanders of the Loyal Legion, camps of
10 the Sons of Veterans, Women's Relief Corps, Ladies of the Grand
11 Army of the Republic, chapters of the Daughters of the
12 Revolution, the American Gold Star Mothers, Inc., Organizations
13 of the Spanish-American War and Philippine Insurrection, the
14 American Legion, Veterans of World War I of the U.S.A., Inc.,
15 Veterans of Foreign Wars, Italian American War Veterans of the
16 United States, Incorporated, Disabled American Veterans,
17 Military Order of the Purple Heart and] organizations of
18 veterans of all [other] wars in which the United States has or
19 may be engaged, and also rooms for meetings of ladies'
20 auxiliaries of posts, encampments, camps and organizations for
21 which rooms for meetings may be contained in the memorial hall,
22 and also rooms for such committees of public defense and welfare
23 as may be created by the Commonwealth, or as may be approved by
24 the board of control hereinafter provided for.
25 (c) Such memorial halls shall also provide room for the
26 display and preservation of relics and trophies of all wars in
27 which the United States has been or may be engaged, photographs,
28 paintings and portraits, busts and statues of the soldiers,
29 sailors and marines of the said counties, and mural tablets upon
30 which shall be inscribed the names of such soldiers, sailors and
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1 marines. Such memorial halls shall also contain waiting and rest
2 rooms with lavatories attached.
3 Section 20 24. Section 2363 of the act, amended August 12, <--
4 1959 (P.L.701, No.240), is amended to read:
5 Section 2363. Board of Control.--(a) A board of control is
6 hereby created, which shall have charge of all matters relating
7 to such memorial hall and shall have the care thereof. The board
8 shall be composed of [one member chosen by members of camps of
9 Spanish-American War Veterans,] one member chosen by members of
10 the Veterans of Foreign Wars, one member chosen by members of
11 the American Legion, one member chosen by the American War
12 Veterans of World War II (AMVETS), one member chosen by the
13 Italian American War Veterans of the United States,
14 Incorporated, one member chosen by the Disabled American
15 Veterans, and one member chosen by the Military Order of the
16 Purple Heart. The judges of the court of common pleas and the
17 board of commissioners shall be ex-officio members of the board
18 of control. The selected members of the board shall serve one
19 year, when their successors shall be selected. Vacancies
20 occurring shall be filled by the board for the unexpired term of
21 the member whose death, resignation or removal caused the
22 vacancy.
23 (b) This section shall not apply to any county in which
24 there has been created by existing law a similar board of
25 control, and any references to the board of control in this
26 subdivision shall be inapplicable in so far as they are
27 inconsistent with the provisions of such law.
28 Section 21 25. Sections 2366, 2368, 2370, 2390, 2601, 2608, <--
29 2611, 2631, 2637, 2638 and 2639 of the act are amended to read:
30 Section 2366. Tax Levy; Increase or Indebtedness.--The board
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1 of commissioners may provide the funds with which to pay for the
2 ground purchased or condemned, and the erection thereon of a
3 memorial hall, or the acquiring of additional land, or for the
4 enlarging, equipping, furnishing and decorating of said memorial
5 hall, by the levying and collecting of a tax upon the taxable
6 persons and property within said county, and by increasing the
7 indebtedness of said county according to law and by issuing and
8 selling bonds. [Such bonds shall be issued in accordance with
9 the provisions of the Municipal Borrowing Law.]
10 Section 2368. Acquiring of Property.--(a) Counties shall
11 have power to take, by gift, purchase, by the issuance of bonds
12 or otherwise, or acquire through condemnation proceedings,
13 property for the purpose of erecting thereon public auditoriums,
14 public libraries, public memorial buildings and monuments.
15 All proceedings for the condemnation of any property, under
16 the provisions of this section, shall be in the manner and
17 subject to the restrictions and procedure provided by law.
18 (b) Counties may appropriate money from the public funds or
19 by issuance of bonds[, in accordance with the Municipal
20 Borrowing Law,] for the erection on said property taken,
21 purchased or acquired through condemnation proceedings, public
22 auditoriums, public libraries, public memorial buildings and
23 monuments. They may appropriate moneys for the operation and
24 maintenance of such public auditoriums, public libraries,
25 memorial buildings and monuments.
26 [Section 2370. Consent of City or Borough.--No county shall
27 acquire any property for, or erect any such public auditorium,
28 library, memorial building or monument within the limits of any
29 city or borough, except the county seat, without the consent of
30 the corporate authorities of such city or borough.]
19990S1154B2322 - 46 -
1 Section 2390. Authority to Provide; Approval.--The county
2 commissioners of each county may[, upon presentment of two
3 successive grand juries of the county,] buy or lease land and
4 construct and maintain thereon, at the expense of the county, a
5 morgue for the reception and care of the bodies of all unclaimed
6 deceased persons upon whom it may be necessary to hold a
7 coroner's inquest and such other bodies as the coroner of the
8 county may, by written order, direct to be received therein. The
9 location of such morgue shall be determined by the county
10 commissioners, subject to the approval of [a judge of the court
11 of common pleas and] the coroner of the county.
12 Section 2601. Authority to Provide Bridges, Viaducts and
13 Culverts; Definitions; Application of Article.--(a) The county
14 commissioners of any county may locate, lay out, open,
15 construct, reconstruct, widen, straighten, extend, otherwise
16 alter, replace, remove and in all other respects provide for
17 bridges and viaducts over streams and other topographical
18 impediments to public traffic, as parts or adjuncts of the roads
19 within the county for vehicles and pedestrians or for
20 pedestrians only, and culverts within the county or partly
21 within and partly without the county, in accordance with the
22 procedures and requirements established by the provisions of
23 this article. The provisions of this section and of this article
24 shall apply equally to all necessary approaches, abutments,
25 slopes, walls, embankments, fills, piers and other things
26 pertaining to bridges, viaducts and culverts as to the bridges,
27 viaducts and culverts themselves.
28 (b) As used in this article "streams" include streams,
29 rivers, creeks, ponds, lakes and all other such natural waters;
30 "road" includes roads, streets, highways, lanes, alleys and all
19990S1154B2322 - 47 -
1 other such public thoroughfares; and "bridge" shall for the
2 purpose of convenience include the bridges, provided for in this
3 article, and also the viaducts and culverts and all things
4 pertaining to such bridges, viaducts and culverts wherever such
5 meanings may reasonably be intended.
6 (c) The provisions of this article shall not apply to any
7 matters relating to such county bridges, viaducts or culverts as
8 are covered and to the extent they are covered by the provisions
9 of the State Highway Law, or of any other law vesting in the
10 Secretary or Department of [Highways] Transportation and the
11 various counties of the Commonwealth, rights, powers and duties.
12 The terms of the foregoing limitation shall apply as well in the
13 case of the Public Utility Law and the Public Utility
14 Commission.
15 (d) No county shall, in the exercise of any authority or
16 duty conferred in this article, enter upon any road or property
17 of any city or borough of, or adjacent to the county, or act in
18 derogation of the lawful authority of any such political
19 subdivision, except with the proper consent of such political
20 subdivision.
21 (e) No bridge provided for by this article shall obstruct
22 any canal or railroad, and nothing in this article shall be
23 deemed to release any railroad or other public utility from the
24 requirements of existing law.
25 [Section 2608. Materials Taken From Adjoining Lands.--The
26 contractor or the county commissioners in building any bridge
27 may enter upon lands and enclosures near the place where such
28 bridge is to be built for the purpose of searching for and
29 procuring the materials necessary for the construction of the
30 bridge, when the materials cannot conveniently be obtained by
19990S1154B2322 - 48 -
1 contract at reasonable prices. In exercising such right, the
2 contractor or county shall do no unnecessary damage to the land,
3 and shall repair any breaches of fences which it shall make. If
4 the contractors or the county commissioners and the owner of
5 such materials cannot agree upon the sum to be paid for the
6 damages which may be done by the taking of such materials, such
7 damages shall be ascertained and awarded as in the case of
8 eminent domain proceedings.]
9 Section 2611. Authorization to Contract with [City or
10 Borough] Municipality for Sharing of Certain Costs.--When any
11 bridge is proposed to be located in any [city or borough]
12 municipality, the county may enter into an agreement with such
13 [city or borough] municipality providing that the [city or
14 borough] municipality shall bear a portion of the cost of the
15 location, laying out, opening, construction and maintenance of
16 such bridge or that the [city or borough] municipality shall
17 provide or maintain the approach thereto within the [city or
18 borough] municipality or bear the costs of property damages of
19 said approach. Every such agreement shall be entered into in
20 writing and at least one executed copy thereof shall be
21 furnished to each party thereto. Every such bridge shall be a
22 county bridge and the duty of maintaining the same, except as
23 otherwise herein provided, shall devolve upon the county. The
24 expense thereof shall be provided out of any county funds
25 authorized for use in the maintenance of county bridges.
26 Section 2631. Providing and Maintaining Dykes, Banks,
27 Causeways and Sluiceways for Protection of Bridges and
28 Highways.--Any county, for the purpose of protecting any county
29 bridge, the abutments thereof and approaches thereto, and any
30 public highway adjacent to the same from the incursions of the
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1 tide floods or waters of any stream, and to prolong the life of
2 any structure, may provide and maintain dykes, banks, causeways
3 and sluiceways over or across any unnavigable stream, and may
4 secure a right of way for the proper ingress thereto and egress
5 therefrom. In connection with the exercise of such authority,
6 the county may take, injure and destroy any necessary land or
7 property in the manner and subject to the restrictions and
8 procedure provided by law. No change in an existing stream
9 channel under the provisions of this subdivision shall be
10 undertaken until it has been approved by the Department of
11 [Forests and Waters] Environmental Protection.
12 [Section 2637. Repair of Bridges, Viaducts and Subways When
13 Liability for Such Repairs is in Doubt.--Whenever any bridge,
14 viaduct or subway carrying a public highway over or under a
15 railroad, street railway or other highway in any county is out
16 of repair, and an application has been made to the Public
17 Utility Commission to compel the repair thereof from which
18 proceedings it appears that there is a contest between or among
19 political subdivisions or between or among political
20 subdivisions and public utilities as to the liability for such
21 repair, and that the cost thereof is not in dispute, the
22 petitioner or petitioners or any other person or corporation
23 interested may forthwith apply to the commissioners of the
24 county for the prompt repair thereof.
25 Such application shall be made by serving, upon the county
26 commissioners, a certified copy of the petition and each of the
27 answers on file before the Public Utility Commission. After such
28 service, the county commissioners may take such steps as may be
29 necessary to repair the bridge, viaduct or subway and make it
30 safe for public travel.
19990S1154B2322 - 50 -
1 Section 2638. Contributions Towards Work.--Should the county
2 commissioners find it impracticable to make any or all such
3 repairs with county funds, they shall so notify the complainant
4 in the proceedings instituted before the Public Utility
5 Commission. Thereupon, any persons, including the county
6 interested in having such repairs made, may contribute to a fund
7 to be deposited with the county treasurer for the purpose of
8 making said repairs. When the fund becomes sufficient for said
9 purpose, the commissioners shall take the necessary steps to
10 place said bridge, viaduct or subway in repair and safe for
11 public travel. The repairs may be made partly from such
12 contributions and partly from public funds, if the commissioners
13 find it expedient so to do.
14 Section 2639. Collection of Costs of Repairs; Return of
15 Contributions.--The cost of such repairs shall be kept by the
16 commissioners in an open account until there has been a final
17 adjudication of the proceedings before the Public Utility
18 Commission, whereupon the amount so expended, together with ten
19 per centum of said amount to cover the cost of supervision of
20 the work, shall be collected as awards of the Public Utility
21 Commission are collected, and shall be paid into the county
22 treasury. Thereupon, any contributions which may have been made
23 under the provisions of the section immediately preceding shall
24 be returned to the respective contributors.]
25 Section 22 26. Sections 2650, 2653 and 2654 of the act, <--
26 amended May 1, 1981 (P.L.25, No.11), are amended to read:
27 Section 2650. Procedure for Taking Over Bridge by County;
28 Aid to Political Subdivisions in Construction and Maintenance of
29 Bridge.--(a) Whenever the construction of any new bridge, or of
30 any bridge to replace any existing bridge, over a stream, or
19990S1154B2322 - 51 -
1 over or under a railroad, and forming part of any road in any
2 city, borough, town or township, or between any two or more such
3 political subdivisions is necessary, and requires more expense
4 than it is reasonable that such political subdivision, or any
5 two of them jointly, should bear, and if it shall appear to the
6 commissioners of the county that such bridge is necessary, and
7 would be too expensive for such political subdivision or
8 adjoining political subdivisions to bear, it may, at the
9 discretion of the county commissioners, be entered on record as
10 a county bridge. Such bridge shall thereupon be erected,
11 maintained and kept in repair in the same manner as other county
12 bridges constructed under the provisions of subdivision (a) of
13 this article.
14 (b) If the county commissioners refuse to have such bridge
15 entered on record as a county bridge, the county may pay the
16 entire cost or any part of the cost of constructing such bridge
17 including damages. Such bridge shall thereupon be a municipal or
18 township bridge to be maintained and kept in repair by such
19 political subdivision. The county commissioners may, at their
20 discretion, furnish such political subdivision the whole or any
21 part of the money necessary to maintain such municipal or
22 township bridge.
23 (c) Where the cost to the county will not exceed [one
24 thousand five hundred dollars ($1500)] ten thousand dollars
25 ($10,000), the county commissioners may furnish such aid in the
26 construction of such bridge without following the procedure
27 herein stipulated.
28 Section 2653. Contract for Parts of Municipal Bridges Where
29 County Might Have Built Bridge.--(a) Where a city of the third
30 class, a borough or a township [of the first class] is
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1 authorized to construct a bridge or viaduct over a stream or
2 other place over which the county is authorized to build bridges
3 and such political subdivision is authorized to contract with
4 the county and with railroads, street railways and other
5 companies or parties interested for the building and maintenance
6 of such bridge or viaduct and for the payment of any damages
7 caused by the location or building thereof, the county
8 commissioners may contract with such city, borough or township
9 for that part or portion of the bridge which crosses any of the
10 places hereinbefore mentioned, including the abutments and piers
11 thereof. Such part shall thereafter be maintained as a county
12 bridge.
13 (b) In lieu of the contract above provided for, the county
14 commissioners may contract for any part or portion of the whole
15 structure equal to or greater than the part or portion which the
16 county might have built.
17 (c) The contracts provided for in this section may stipulate
18 that the county shall pay a certain portion of the whole
19 contract price or cost of the work, including damages, or may
20 stipulate that the county shall construct or pay for the
21 construction of a certain part of the work, and may otherwise
22 provide for the payment of the damages. The amount to be paid by
23 the county shall be paid directly to the contractor as may be
24 provided by the contract.
25 Section 2654. Joining With [City] Municipality in Another
26 County in Building or Rebuilding Bridge.--When any bridge or
27 proposed bridge is on the dividing line between two counties
28 which is also the dividing line between one county and a [city]
29 municipality in the other county and such [city] municipality
30 has authority to build or rebuild such bridge or to join with
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1 any county therein, said county may join with said [city]
2 municipality in the other county in building or rebuilding such
3 bridge. The cost of such bridge shall be paid in such
4 proportions as shall be agreed upon by the county and [city]
5 municipality so joining.
6 Section 23 27. Section 2655 of the act is amended to read: <--
7 Section 2655. Aiding [City] Municipality in Constructing
8 Bridge Over Ravine or Valley.--Whenever different parts of any
9 [city or any part of such city and any township bordering
10 thereon] municipality or any two municipalities are separated by
11 an intervening valley or ravine, and the commissioners of the
12 county in which such [city is] municipality or municipalities
13 are located shall decide it necessary that a public bridge, to
14 connect the territories thus separated, be constructed [and that
15 such bridge will be of substantial advantage and benefit to the
16 people of the township bordering thereon or townships adjacent
17 thereto], such county may contract with such [city] municipality
18 or municipalities for the laying out and construction of such
19 bridge by such [city] municipality or municipalities, and may
20 pay to the [city] municipality or municipalities such portion of
21 the cost thereof as the county commissioners shall deem
22 reasonable.
23 Section 24 28. Section 2656 of the act, amended May 1, 1981 <--
24 (P.L.25, No.11) is amended to read:
25 Section 2656. Entry of [Borough or Township] Municipal
26 Bridge on Record as County Bridge.--Whenever a public bridge has
27 been built or maintained by any [borough or township]
28 municipality, or both, or by any two [boroughs or two townships,
29 or any of them] municipalities, and it shall afterwards appear
30 to the commissioners that the care, maintenance and
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1 responsibility of said bridge is greater than it is reasonable
2 that the said political subdivisions should bear, the
3 commissioners may enter such bridge upon record as a county
4 bridge, and it shall thereafter be a county bridge in the same
5 manner as if it had originally been so entered on record, if the
6 proper local authorities having the maintenance, supervision and
7 control of such bridge shall tender the same to the said county
8 commissioners free and without charge.
9 Section 25 29. Sections 2657, 2658, 2659, 2660 and 2661 of <--
10 the act are amended to read:
11 [Section 2657. Acquisition of Toll Bridges by Purchase or
12 Condemnation.--(a) The county may purchase or acquire any toll
13 bridge situated within the county which is necessary for the
14 accommodation of public travel and on which the payment of tolls
15 is burdensome to the traveling public, together with the
16 approaches and appurtenances thereto as herein provided.
17 (c) The commissioners of the county may purchase the bridge
18 with the approaches and appurtenances thereto, at a price to be
19 agreed upon by the commissioners and the owner of the bridge,
20 or, upon failure to agree upon a purchase price, the county
21 commissioners may take the bridge under eminent domain or
22 condemnation proceedings as provided by law. Thereafter, the
23 bridge shall be entered on record as a county bridge, and shall
24 be controlled, maintained and used as a public bridge.
25 (d) Such bridge may be freed from tolls at any time
26 thereafter, but in no event later than the time when all debt
27 incurred as a result of the acquisition thereof is extinguished.
28 The county shall at all times have authority to charge tolls or
29 rentals for the use thereof from railway, telephone and
30 telegraph companies and other persons or companies using such
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1 bridge for other than ordinary public foot and vehicular travel.
2 Where contracts exist between such persons or companies and the
3 owners of such bridge, such contract shall be preserved for the
4 benefit of the county and shall be assigned thereto.
5 Section 2658. Contracts with Municipalities for Purchase or
6 Condemnation of Toll Bridges.--Where a political subdivision may
7 purchase, condemn and maintain any toll bridge crossing any
8 stream within its limits and may enter into contracts with the
9 county commissioners whereby the county shall pay a portion of
10 the costs thereof, the county commissioners may enter into such
11 contract upon such terms and conditions as may be agreed upon
12 for the purchase, appropriation or condemnation of such bridge.
13 The contract may stipulate that the political subdivision and
14 the county shall each pay a certain portion of the purchase
15 price and of the damages allowed by any condemnation
16 proceedings, and may also provide for the maintenance and repair
17 of such bridge. The amount to be paid by the county shall be
18 paid into the treasury of such subdivision, and shall be applied
19 solely to the payment for such bridge.
20 Section 2659. Leasing of Toll Bridges or of Right to Use
21 Same.--(a) Whenever a toll bridge owned or maintained by a
22 bridge company organized and existing under the laws of this
23 Commonwealth shall span a stream in this Commonwealth, and such
24 bridge or any portion thereof is used solely by the public for
25 general highway purposes, or by the public for such purposes
26 concurrently with the use of the same by any railroad company or
27 street railway company engaged as a common carrier, and the
28 commissioners of the county in which such bridge is located
29 shall by resolution declare such bridge or any portion thereof
30 necessary for the accommodation of the public for general
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1 highway purposes, and that the payment of tolls on such bridge
2 is burdensome to the public using the same for such purposes,
3 then the county shall have the power to enter into a contract
4 with the bridge company whereby the company may lease to the
5 county such bridge, or such portion thereof as may be used by
6 the public for general highway purposes for the use of the same
7 by the public for said purposes, free from the payment of tolls.
8 Such contract may provide for the payment by the county of such
9 rental for such definite term of years not to exceed twenty and
10 for such other terms and conditions as may be agreed upon and as
11 the commissioners shall deem reasonable and proper.
12 (b) As an alternative, the county may enter into lease with
13 such bridge company or corporation providing for the use, during
14 a definite period, not exceeding twenty years, of such bridge or
15 any portion thereof by the public for general highway purposes,
16 free from the payment of tolls during the term of such contract,
17 subject to the concurrent use of such bridge, or any portion
18 thereof, by any railroad company or street railway company
19 engaged as a common carrier and making use of such bridge, or
20 any portion thereof. Such lease shall contain such terms of
21 payment for such use by the public of the bridge or any portion
22 thereof, and such other terms, provisions and conditions as may
23 be agreed upon, and as the county commissioners shall deem
24 reasonable and proper. No tolls shall be charged the public for
25 the use of said bridge or any portion thereof for general
26 highway purposes during the term of any such lease or any such
27 contract. Any such contract or lease shall be subject to the
28 approval of the Public Utility Commission in the manner
29 prescribed by law.
30 Section 2660. Operation of Joint County Toll Bridges by
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1 Counties.--Whenever it is necessary for any counties, in the
2 construction of any joint county bridge, or in the joint
3 acquisition of any toll bridge, to issue bonds in payment of
4 such construction or acquisition, including the approaches
5 thereto, of the damages sustained by owners of lands taken in
6 the construction or acquisition thereof, and including
7 reasonable fees for necessary legal services required in such
8 construction or acquisition, the county commissioners of said
9 county or counties may, with the consent of the State Department
10 of Highways if the cost of such bridge was in excess of four
11 hundred thousand dollars ($400,000), assess, supervise and
12 collect such tolls for the use of said bridge for all traffic as
13 may be necessary to pay the interest on said bonds, and to
14 create a sinking fund for the payment and redemption of the same
15 within thirty years from the date of the issue thereof, and to
16 pay also the costs and expenses of operating and maintaining
17 such bridge between the time of construction thereof and the
18 date of the redemption of the last of said bonds to be redeemed
19 by such tolls. The tolls so collected shall be distributed,
20 between such counties, in proportion to the amount paid in by
21 each county in the original construction or acquisition, and all
22 moneys received from rentals for special use shall be divided
23 between them in the same proportion. In no case shall any tolls
24 be collected after the redemption of the original bonds issued.
25 Such bridge, whether constructed or jointly acquired, shall be a
26 joint county bridge.
27 Section 2661. Management, Maintenance and Policing of Joint
28 County Toll Bridges; Turning Over to Department of Highways.--
29 (a) Such joint county bridge shall be managed, controlled,
30 maintained, repaired, operated and lighted by the commissioners
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1 of the said counties, acting as a joint county bridge
2 commission, who are hereby authorized to act jointly in the
3 employment of such workmen, collectors of tolls, and other
4 employes, to fix their wages, salaries and compensation, and to
5 incur such other expenses in the construction and operation of
6 such bridge, including the compensation of such attorneys as in
7 their judgment shall be requisite and necessary. All decisions
8 of such commission shall require a majority vote of all the
9 members thereof.
10 (b) The commissioners of said counties acting jointly may
11 adopt such rules and regulations as they deem expedient for the
12 proper government and management of said bridge, and for the
13 preservation of good order, safe traffic and proper conduct
14 thereon. They may also require arrests to be made for evasion,
15 or attempts to evade, in violation of their rules or
16 regulations, the payment of tolls fixed for passage over said
17 bridge. For any violations thereof, the offender shall be
18 subject to a fine of not less than ten dollars ($10), or more
19 than twenty-five dollars ($25), together with costs, upon
20 summary conviction before a justice of the peace, magistrate or
21 alderman of either of said counties, and, on default of payment
22 of such fine, then to imprisonment of not less than ten days, or
23 more than thirty days, in the county prison of either of said
24 counties.
25 (c) Such powers and duties of said commissioners acting as a
26 joint commission shall continue until the redemption of the last
27 of said bonds to be redeemed by such tolls, whereupon said
28 bridge shall be turned over as a free bridge to the
29 Commonwealth, if such bridge crosses a river and is located on a
30 State highway route, or connects two State highway routes.
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1 Thereafter, such bridge shall be maintained by the Highway
2 Department at the expense of the Commonwealth. Otherwise, such
3 bridge shall be maintained as other joint county bridges.]
4 Section 26 30. Section 2670 of the act, amended July 10, <--
5 1990 (P.L.379, No.89), is amended to read:
6 Section 2670. Building or Repair of Bridges.--In addition to
7 the provisions of Articles XVIII and XXIII of this act relating
8 to contracting for services and personal property, whenever the
9 county commissioners propose to build or repair a bridge at a
10 cost in excess of ten thousand dollars ($10,000) [their
11 advertisements for bids shall contain the description of the
12 repairs, or designs of the kind of bridge, required. When the
13 contract is for the building of a bridge, the designs and
14 specifications therefor, or a copy thereof, shall be kept in the
15 office of the county commissioners, open to the inspection of
16 all intending bidders during such advertising and the time
17 specified therein for the reception of bids. In the case of a
18 bridge to be erected over a stream] upon the line between two
19 adjoining counties, the advertising shall be done in each of
20 said counties, and a copy of the plans and specifications shall
21 be kept in the commissioners' office of each county. [The time
22 of filing bids and the person's name with whom filed must be
23 marked on the outside of said bids.]
24 Section 27 31. Section 2676 of the act is amended to read: <--
25 Section 2676. Incurring of Indebtedness; Taxation for Debt
26 Service.--Any county constructing a bridge or making any other
27 capital improvement or major repairs, in relation to the matters
28 provided for in this article, may, pursuant to a resolution
29 adopted for that purpose by the county commissioners of such
30 county, incur indebtedness and borrow money therefor [in
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1 accordance with the provisions of the Municipal Borrowing Law].
2 Any such county may levy and collect on all taxable property in
3 such county, in addition to all other taxes, for the purposes of
4 servicing such indebtedness.
5 Section 28 32. This act shall take effect in 60 days. <--
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