SENATE AMENDED
PRIOR PRINTER'S NOS. 2424, 4128, 4720 PRINTER'S NO. 4744
No. 1860 Session of 2003
INTRODUCED BY PALLONE, PETRARCA, TANGRETTI, CASORIO, CREIGHTON,
RUFFING, SHANER, SOLOBAY, YOUNGBLOOD AND THOMAS,
JULY 15, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 17, 2004
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," further
9 providing for police duties AND FOR INVESTMENT OF COUNTY <--
10 FUNDS, FOR DEFINITIONS AND FOR POLICE DUTIES. <--
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 2511 and 2512 of the act of August 9, <--
14 1955 (P.L.323, No.130), known as The County Code, are amended to
15 read:
16 SECTION 1. SECTION 1706(E) OF THE ACT OF AUGUST 9, 1955 <--
17 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AMENDED DECEMBER
18 13, 1982 (P.L.1131, NO.258), IS AMENDED TO READ:
19 SECTION 1706. INVESTMENT OF FUNDS.--* * *
20 (E) IN MAKING INVESTMENTS OF COUNTY FUNDS, THE COMMISSIONERS
21 (OR OTHER ELECTED OFFICIALS WHEN AUTHORIZED AS PROVIDED IN
1 SUBSECTION (A)) SHALL HAVE AUTHORITY:
2 (1) TO PERMIT ASSETS PLEDGED AS COLLATERAL UNDER SUBSECTION
3 (C)(3), TO BE POOLED IN ACCORDANCE WITH THE ACT OF AUGUST 6,
4 1971 (P.L.281, NO.72), ENTITLED "AN ACT STANDARDIZING THE
5 PROCEDURES FOR PLEDGES OF ASSETS TO SECURE DEPOSITS OF PUBLIC
6 FUNDS WITH BANKING INSTITUTIONS PURSUANT TO OTHER LAWS;
7 ESTABLISHING A STANDARD RULE FOR THE TYPES, AMOUNTS AND
8 VALUATIONS OF ASSETS ELIGIBLE TO BE USED AS COLLATERAL FOR
9 DEPOSITS OF PUBLIC FUNDS; PERMITTING ASSETS TO BE PLEDGED
10 AGAINST DEPOSITS ON A POOLED BASIS; AND AUTHORIZING THE
11 APPOINTMENT OF CUSTODIANS TO ACT AS PLEDGEES OF ASSETS,"
12 RELATING TO PLEDGES OF ASSETS TO SECURE DEPOSITS OF PUBLIC
13 FUNDS.
14 (2) TO COMBINE MONEYS FROM MORE THAN ONE FUND UNDER COUNTY
15 CONTROL FOR THE PURCHASE OF A SINGLE INVESTMENT, PROVIDED THAT
16 EACH OF THE FUNDS COMBINED FOR THE PURPOSE SHALL BE ACCOUNTED
17 FOR SEPARATELY IN ALL RESPECTS AND THAT THE EARNINGS FROM THE
18 INVESTMENT ARE SEPARATELY AND INDIVIDUALLY COMPUTED AND RECORDED
19 AND CREDITED TO THE ACCOUNTS FROM WHICH THE INVESTMENT WAS
20 PURCHASED.
21 (3) TO JOIN WITH ONE OR MORE OTHER POLITICAL SUBDIVISIONS
22 AND MUNICIPAL AUTHORITIES IN ACCORDANCE WITH [THE ACT OF JULY
23 12, 1972 (P.L.762, NO.180), ENTITLED "AN ACT RELATING TO
24 INTERGOVERNMENTAL COOPERATION,"] 53 PA.C.S. CH. 23 SUBCH. A
25 (RELATING TO INTERGOVERNMENTAL COOPERATION) IN THE PURCHASE OF A
26 SINGLE INVESTMENT, PROVIDED THAT THE REQUIREMENTS OF CLAUSE (2)
27 ON SEPARATE ACCOUNTING OF INDIVIDUAL FUNDS AND SEPARATE
28 COMPUTATION, RECORDING AND CREDITING OF THE EARNINGS THEREFROM
29 ARE ADHERED TO.
30 (4) TO JOIN WITH THE COMMONWEALTH, POLITICAL SUBDIVISION OR
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1 REDEVELOPMENT AUTHORITY IN THE PURCHASE OF REAL ESTATE FOR THE
2 PURPOSES OF COMMUNITY AND ECONOMIC DEVELOPMENT.
3 (5) TO GRANT FUNDS TO THE COMMONWEALTH, POLITICAL
4 SUBDIVISION OR REDEVELOPMENT AUTHORITY FOR THE PURPOSES OF
5 SUPPORTING COMMUNITY AND ECONOMIC DEVELOPMENT PROJECTS.
6 SECTION 2. THE DEFINITIONS OF "CONVENTION CENTER" OR <--
7 "CONVENTION CENTER FACILITY" IN SECTIONS 2399.53 AND 2399.72(K)
8 OF THE ACT, ADDED OCTOBER 18, 2000 (P.L.541, NO.73), ARE AMENDED
9 TO READ:
10 SECTION 2399.53. DEFINITIONS.--THE FOLLOWING WORDS AND
11 PHRASES WHEN USED IN THIS SUBDIVISION SHALL HAVE THE MEANINGS
12 GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY
13 INDICATES OTHERWISE OR UNLESS THERE IS A SPECIFIC DEFINITION IN
14 ANOTHER SECTION:
15 * * *
16 "CONVENTION CENTER" OR "CONVENTION CENTER FACILITY" SHALL
17 MEAN ANY LAND, IMPROVEMENT, STRUCTURE, BUILDING, OR PART
18 THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER OWNED BY OR
19 LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN AUTHORITY,
20 APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC ASSEMBLIES,
21 THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE EXHIBITIONS AND
22 OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC, SPORTS,
23 RECREATIONAL, ARTISTIC AND PUBLIC INTEREST EVENTS, PERFORMANCES
24 AND EXHIBITIONS, AND ALL FACILITIES, FURNITURE, FIXTURES AND
25 EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING HOTELS,
26 MEETING ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION
27 AREAS, REGISTRATION AND PREFUNCTION AREAS, LOCKER ROOMS,
28 PRACTICE AREAS AND EQUIPMENT, TRAINING AREAS AND EQUIPMENT,
29 TRUCK LOADING AREAS, INCLUDING ACCESS THERETO, ACCESSWAYS,
30 INCLUDING, BUT NOT LIMITED TO, TUNNELS, OVERHEAD WALKWAYS,
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1 ESCALATORS, ELEVATORS AND OTHER CONNECTIONS TO NEARBY OR
2 ADJOINING BUILDINGS OR FACILITIES, REGARDLESS OF WHETHER SUCH
3 BUILDINGS OR FACILITIES CONSTITUTE CONVENTION CENTER FACILITIES
4 OR ARE OWNED OR CONTROLLED BY THE AUTHORITY, COMMON AREAS,
5 LOBBIES, OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING,
6 AND ALSO INCLUDING OTHER LAND, BUILDINGS, STRUCTURES OR
7 FACILITIES FOR USE OR PLANNED FOR USE IN CONJUNCTION WITH THE
8 FOREGOING, INCLUDING, BUT NOT LIMITED TO, LANDSCAPING, BUFFER
9 AREAS, OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS
10 RELATED TO A CONVENTION CENTER FACILITY OWNED BY OR LEASED BY OR
11 TO AN AUTHORITY, REGARDLESS OF WHETHER SUCH IMPROVEMENTS ARE FOR
12 THE PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE
13 COSTS OR EXPENSES OF SUCH CONVENTION CENTER FACILITY.
14 * * *
15 SECTION 2399.72. HOTEL ROOM RENTAL TAX.--* * *
16 (K) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
17 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
18 * * *
19 "CONVENTION CENTER" OR "CONVENTION CENTER FACILITY" SHALL
20 MEAN ANY LAND, IMPROVEMENT, STRUCTURE, BUILDING, OR PART
21 THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER OWNED BY OR
22 LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN AUTHORITY,
23 APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC ASSEMBLIES,
24 THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE EXHIBITIONS AND
25 OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC, SPORTS,
26 RECREATIONAL, ARTISTIC AND PUBLIC INTEREST EVENTS, PERFORMANCES
27 AND EXHIBITIONS, AND ALL FACILITIES, FURNITURE, FIXTURES AND
28 EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING HOTELS,
29 MEETING ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION
30 AREAS, REGISTRATION AND PREFUNCTION AREAS, LOCKER ROOMS,
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1 PRACTICE AREAS AND EQUIPMENT, TRAINING AREAS AND EQUIPMENT,
2 TRUCK LOADING AREAS, INCLUDING ACCESS THERETO, ACCESSWAYS,
3 INCLUDING, BUT NOT LIMITED TO, TUNNELS, OVERHEAD WALKWAYS,
4 ESCALATORS, ELEVATORS AND OTHER CONNECTIONS TO NEARBY OR
5 ADJOINING BUILDINGS OR FACILITIES, REGARDLESS OF WHETHER SUCH
6 BUILDINGS OR FACILITIES CONSTITUTE CONVENTION CENTER FACILITIES
7 OR ARE OWNED OR CONTROLLED BY THE AUTHORITY, COMMON AREAS,
8 LOBBIES, OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING,
9 AND ALSO INCLUDING OTHER LAND, BUILDINGS, STRUCTURES OR
10 FACILITIES FOR USE OR PLANNED FOR USE IN CONJUNCTION WITH THE
11 FOREGOING, INCLUDING, BUT NOT LIMITED TO, LANDSCAPING, BUFFER
12 AREAS, OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS
13 RELATED TO A CONVENTION CENTER FACILITY OWNED BY OR LEASED BY OR
14 TO AN AUTHORITY, REGARDLESS OF WHETHER SUCH IMPROVEMENTS ARE FOR
15 THE PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE
16 COSTS OR EXPENSES OF SUCH CONVENTION CENTER FACILITY.
17 * * *
18 SECTION 2 3. SECTIONS 2511 AND 2512 OF THE ACT ARE AMENDED <--
19 TO READ:
20 Section 2511. Employes; Police.--(a) For the purpose of
21 performing all necessary duties relating to the establishing,
22 making, enlarging, extending and maintaining public parks,
23 buildings and other county-owned properties and for enforcing
24 the rules and regulations ordained or resolved by the county
25 commissioners or by any body or board of control where no
26 penalty or fine is involved, the county commissioners of the
27 county are hereby authorized to employ or appoint and equip
28 proper persons to do all necessary and proper work connected
29 therewith, including police or guard duty.
30 (b) The board of commissioners of any county of the third
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1 class THAT IS CONTIGUOUS TO A COUNTY OF THE SECOND CLASS may, by <--
2 ordinance, create or disband a county park police force within
3 the county. When such a county park police force is created in
4 accordance herewith, the county commissioners shall have power
5 to employ the number of officers as may be fixed by the salary
6 board of the county. The compensation of the county park police
7 officers shall be paid by the county.
8 Section 2512. Duty of Police.--(a) It shall be the duty of
9 the police, county park police or guards appointed to duty in
10 any recreation places, buildings and other county-owned
11 properties, without warrant, forthwith to arrest any offender
12 against the rules and regulations, ordained or resolved by the
13 county commissioners, that they may detect in the commission of
14 such offense, and to take the person so arrested forthwith
15 before a magistrate, alderman or justice of the peace having
16 competent jurisdiction.
17 (b) In the ordinance creating a county park police force,
18 the county commissioners shall designate a primary
19 jurisdictional area upon which the county park police officers
20 shall have jurisdiction, and which shall include only property
21 owned, leased or controlled by the county, by a county municipal
22 authority, county redevelopment authority, county industrial
23 development authority or agency, or county airport authority, or
24 by a community college of which the county is a local sponsor,
25 whether such property is within or outside the territorial
26 limits of the county. A county road, street or highway shall not
27 be designated or considered as a primary jurisdictional area
28 unless it is located within the boundaries of a geographical
29 area otherwise designated by ordinance as a primary
30 jurisdictional area pursuant to this section.
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1 (c) County park police shall have the power and their duty
2 shall be:
3 (1) to enforce good order and protect the grounds and
4 buildings within a primary jurisdictional area;
5 (2) to exclude all disorderly persons from the grounds and
6 buildings within a primary jurisdictional area;
7 (3) to exercise the same powers as are now or may hereafter
8 be exercised under authority of law or ordinance by the police
9 of the municipalities wherein the primary jurisdictional area is
10 located, including, but not limited to, those powers conferred
11 pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal
12 police jurisdiction);
13 (4) to prevent crime, investigate criminal acts, apprehend,
14 arrest and charge criminal offenders and issue summary citations
15 for acts committed on the grounds and in the buildings of the
16 primary jurisdictional area and carry the offender before the
17 proper authority and prefer charges against the offender under
18 the laws of this Commonwealth. Except when acting pursuant to 42
19 Pa.C.S. Ch. 89 Subch. D, county park police shall exercise these
20 powers and perform these duties only on the grounds of the
21 primary jurisdictional area;
22 (5) to order off the grounds and out of the buildings within
23 the primary jurisdictional area all vagrants, loafers,
24 trespassers and persons under the influence of liquor and, if
25 necessary, remove them by force and, in case of resistance,
26 carry such offenders before the proper authority; and
27 (6) to arrest any person who damages, mutilates or destroys
28 the trees, plants, shrubbery, turf, grass plots, benches,
29 buildings, and structures or commits any other offense on the
30 grounds and in the buildings within the primary jurisdictional
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1 area, and carry the offender before the proper authority and
2 prefer charges against the offender under the laws of this
3 Commonwealth.
4 (d) The county commissioners shall designate, from the
5 county park police officers, the chief and such other ranks or
6 classifications of officers as desired by the county
7 commissioners.
8 Section 2 3. This act shall take effect in 60 days. <--
9 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
10 (1) THE AMENDMENT OF SECTIONS 1706(E), 2511 AND 2512 OF
11 THE ACT SHALL TAKE EFFECT IN 60 DAYS.
12 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
14 IMMEDIATELY.
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